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2011 03-01 CC CDC AGENDA PKT
Agenda Of The 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 — March 1, 2011 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacibn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All 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.nationalcitvca.gov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/1/2011- Page 2 INTEVIEWS AND APPOINTMENTS 1. Interviews and Appointments: Various Boards & Commissions (City Clerk) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the City Council/Community Development Commission Special Meeting of January 11, 2011, Special Meeting of January 25, 2011, and Regular Meeting of February 1, 2011. (City Clerk) 3. 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) 4. Resolution of the City Council of the City of National City accepting the work from Koch Armstrong General Engineering, Inc. in the final amount of $75,684.62, ratifying the filed Notice of Completion with the County Recorder and authorizing the release of retention in the amount of $7,568.46 for the National City Drainage Improvements project (Funded by CDBG funds). (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Sewer Loan Repayment Agreement by and between the City of National City and the Community Development Commission (CDC) of the City of National City for a portion of the repayment of the Sewer Fund loan used for street resurfacing. (Tax Increment Fund). (Development Services/Engineering) **Companion Item #27** CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/1/2011- Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fifth Amendment to Agreement for exchange of real property and joint escrow instructions (522 West 8th Street and 2020 Hoover Avenue). (City Attorney) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY10 Urban Area Security Initiative (UASI) Grant Funding for equipment and training needed for disaster preparedness. (Fire) 8. Resolution of the City Council of the City of National City authorizing the submission of the Grant Assurances for the FY10 State Homeland Security Grant Program. (Fire) 9. Resolution of the City Council of the City of National City authorizing funds in the amount of $70,151 for the reimbursable grant purchase of equipment for the Police and Fire Departments from the FY10 State Homeland Security Grant Program. (Fire) 10. Resolution of the City Council of the City of National City authorizing the acceptance of $40,589 from the FY10 Assistance to Firefighters Grant and authorizing existing matching funds in the National City Fire Department's budget in the amount of $10,147 to join the San Diego Sports Medicine and Family Health Center for Wellness Program Services. (Fire) 11. Resolution of the City Council of the City of National City authorizing the waiving the bid process and authorizing the Mayor to execute an Agreement with Tritech Software Systems in the not to exceed amount of $199,854.92 to procure, replace, and configure all police department computer aided dispatch (CAD) associated hardware and software. (Police) 12. Resolution of the City Council of the City of National City waiving the bid process and authorizing the sole source purchase of (4) E Series ACLS Manual Defibrillators from Zoll Medical Corporation in the amount of $38,871.35 using Franchise Fee Funds from the American Medical Response Agreement. (Fire) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/1/2011- Page4 CONSENT CALENDAR (Cont.) 13. National City Sales Tax Update — Third Quarter 2010. (Finance) 14. WARRANT REGISTER #30 Warrant Register #30 for the period of 01/19/11 through 01/25/11 in the amount of $1,792,673.19. (Finance) 15. WARRANT REGISTER #31 Warrant Register #31 for the period of 01/26/11 through 02/01/11 in the amount of $1,171,830.30. (Finance) PUBLIC HEARING 16. Public Hearing to consider adoption of an Interim Ordinance of the City Council of the City of National City pursuant to Government Code Section 65858 as an urgency measure to take effect immediately, extending for 12 months a moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City of National City. (City Attorney) **Companion Item #17** ORDINANCE FOR ADOPTION 17. An Interim Ordinance of the City Council of the City of National City pursuant to Government Code Section 65858 as an urgency measure to take effect immediately, extending for 12 months a moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City of National City. (City Attorney) **Companion Item #16** NEW BUSINESS 18. Changes to Sweetwater Authority Policy 607 reflecting intent to defer to City policies on appointments to San Diego County Water Authority. (City Attorney) 19. Disclosure of property interest located within the Redevelopment Project Area: Mayor Ron Morrison. (City Attorney) **Companion Item #32** CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/1/2011- Page 5 NEW BUSINESS (Cont.) 20. Follow up report and request for direction from City Council regarding informal policy prohibiting the sales of beer and malt beverages in less than six pack quantities. (Development Services/Planning) 21. Request from MANA de San Diego to use MLK (North and South rooms, plus parking lot), Kimball Senior Center, and Kimball Recreation Center, from May 13-14, 2011 for their Dia de La Mujer Latina Health Festival. This is the 5th year they've held the event, and anticipate 500 attendees (estimated 70% National City residents). Applicant is requesting full or partial waiver of fees. (Community Services) 22. Temporary Use Permit — The San Diego Brotherhood Lions Club America Going Green recycling event at Kimball Park on April 23, 2011 from 9:30 a.m. through 5:00 p.m. with no waiver of fees. (Neighborhood Services Division) 23. Temporary Use Permit — Wounded Warrior Project Soldier Bicycle Ride through National City on March 25, 2011 requested by the Wounded Warrior Project Organization with a request for a waiver of fees. (Neighborhood Services Division) 24. Saint Patrick's Day Parade use of antique fire apparatus R-1 (1925 Seagraves Pumper). (Fire) 25. Request from Consulate General of Mexico to borrow 35 tables and 70 chairs for their Financial Education Workshop to be held at Southwestern College in National City on March 5, 2011. Applicant is requesting a fee waiver. (Community Services) 26. Community Development Block Grant selection methods in anticipation of the potential reduction in the annual entitlement appropriation to the City of National City from the U.S. Department of HUD for Fiscal Year 2011-2012. (Community Development) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/1/2011- Page 6 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 27. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute a Sewer Loan Repayment Agreement by and between the CDC and City of National City for a portion of the repayment of the Sewer Fund loan used for street resurfacing. (Tax Increment Fund) (Development Services/Engineering) **Companion Item #5** 28. Resolution of the Community Development Commission of the City of National City (CDC) ratifying the Agreement by and between the CDC and Keyser Marston Associates, Inc. dated January 18, 2011 to provide economic consulting services related to the impact of the proposal to eliminate local redevelopment agencies, which would affect the Westside Infill Transit Oriented Development and Gateway at the Mile commercial projects for an amount not to exceed $50,000 (Tax Increment & Low -Mod Housing Fund). (Redevelopment) 29. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute the Second Amendment to the Exclusive Negotiation Agreement by and between the CDC and The Related Companies of California and Community Housing Works to extend the time for negotiation until September 30, 2011 for the Westside Infill Transit Oriented Development. (Redevelopment) 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $329,198.94 to the City of National City for the period of 1/19/11 through 01/25/11. (Finance) 31. Authorize the reimbursement of Community Development Commission expenditures in the amount of $704,488.32 to the City of National City for the period of 1/26/11 through 02/01/11. (Finance) NEW BUSINESS 32. Disclosure of property interest located within the Redevelopment Project Area: Chairman Ron Morrison. (CDC General Counsel) **Companion Item #19** CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/1/2011- Page 7 STAFF REPORTS 33. Closed Session Report (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — March 15, 2011 — 6:00 p.m. - Council Chambers — National City, California. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 1 EM TITLE: Interviews and Appointments: Various Boards & Commissions PREPARED BY: Michael R. Dalla DEPARTMENT: City Clesk PHONE: 619-336-4226 APPROVED BY: 4 EXPLANATION: At the February 1st meeting, the City Council made appointments to several local and regional Boards & Committees. City Council action is still needed to address the remaining expired terms and vacancies on the Public Art Committee, Community and Police Relations Commission, Traffic Safety Committee and the Sweetwater Authority. Summary reports for each are attached. Applicants have not been requested to attend the meeting. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Take action to re -appoint or appoint members. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: unary report of vacancies and expired terms PUBLIC ART COMMITTEE Appointing Authority Mayor with approval of City Council Members: 5 (non-residents may apply) Length of Term: 3 years Terms Expire: September 30th Meetings are held: Quarterly Staffing Provided by: Community Services Current Status: In 2009 the City Council approved reducing the Art Committee from seven (7) members to five (5). The reduction was to be effective in June of 2010. There is one (1) position remaining to be filled and two (2) incumbents requesting re- appointment. Request Appoint Term Current Members Re-app Interviewed Date Expires Frank Bueno Yes Yes 05-19-09 07-20-10 Christina Chacon Yes Yes 07-20-04 07-20-10 Paul Ecdao Term is current 05-19-09 09-30-13 William Virchis Term is current 07-20-04 09-30-13 Manuel Cavada Term is current 07-20-04 09-30-13 Carolyn St Clair Term is current 02-01-11 09-30-13 New Applicants James Brewer Yes Christopher Coyote Yes William G. Ramsey Yes Frank Lopez Yes Roberto Garcia Yes Darryl Gorham Yes Pearl Quinones Yes Gonzalo Quinterro Yes Vener Yambao No Crystal Mercado No COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) Appointing Authority Mayor with approval of City Council Members: 8 (7 voting / 5 residents and 2 non-residents) Length of Term: 3 years Terms expire: March 31st Meets: 4 times per year Staffing Provided by: Community Services Current Status: There are TWO (2) vacancies on 'Resident Voting Members'. Request Current Members Re-app VACANCY VACANCY Louise Brance James Brewer Nancy Estolano Daniel Serrano William Phillips Applicants Christopher Coyote Leslie Coyote Pearl Quinones Ditas Yamane Darryl Gorham Gonzalo Quintero Interviewed Term is current Term is current Term is current Term is current Term is current Interviewed Yes Yes Yes Yes Yes Yes the CPRC. Both are Appoint Date 05-19-09 02-01-11 05-19-09 05-19-09 05-16-06 Term Expires 03-31-12 03-31-13 03-31-12 03-31-13 03-31-12 03-31-13 TBD TRAFFIC SAFETY COMMITTEE Appointing Authority Mayor with approval of City Council Members: 5 (residents only) Length of Term: 3 years Term Ends: September 30th Meets: Monthly Staff Provided by: Developmental Services Current Status: There is one (1) expired term on the Traffic Safety Committee. The incumbent has requested to be reappointed. Request Appoint Term Current Members Re-app Interviewed Date Expires Brian Clapper Yes Yes 04-19-05 09-30-10 Cheryl H. Colmenero Term is current 04-19-05 09-30-12 Roberto Garcia Term is current 02-01-11 09-30-13 Arlito Reclosado Term is current 04-04-06 09-30-13 Gonzalo Quintero Term is current 02-01-11 09-30-12 New Applicants Ditas Yamane Yes Frank Lopez Yes James Brewer Yes Christopher Coyote Yes Darryl Gorham Yes Pearl Quinones Yes 3 REGIONAL BOARDS AND COMMITTEES SWEETWATER AUTHORITY Appointing. Authority: Mayor with approval of City Council Current Representatives Appointed Term Expires Interviewed Ron Morrison 12-19-2006 12-31-2010 NA Ted Muehleisen** 05-19-2009 12-31-2010 Yes **requests reappointment Applicants Jess Van Deventer Yes Darryl G. Gorham Yes Roberto Griffin Yes y ITEM #2 3/1/2011 APPROVAL OF THE MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING OF JANUARY 11, 2011, SPECIAL MEETING OF JANUARY 25, 2011, AND REGULAR MEETING OF FEBRUARY 1, 2011 (CITY CLERK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #3 3/1/2011 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 4 IA TITLE: rwsvlution of the City Council of National City accepting the work from Koch Armstrong General Engineering, Inc. in the final amount of $75,684.62, ratifying the filed Notice of Completion with the County Recorder and authorizing the release of retention in the amount of $7,568.46 for the National City Drainage Improvements project (Funded by CDBG Funds) PREPARED BY: Din Daneshfar PHONE: 619-336-4387 EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: DSD APPROVED BY: APPROVE APPROVED: Finance. MIS The project is funded by CDBG. The 10% retention in the amount of $7,568.46 will be released as scheduled from the existing Purchase Order Number 74376. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1 Aesolution nal Contract Balance Report 3. Recorded Notice of Completion EXPLANATION: On October 19, 2010 a contract was awarded to Koch Armstrong General Engineering, Inc. by resolution No. 2010-236 for the total construction cost of $90,993.60 (Base Bid) to perform the City's Drainage Improvements project for the FY 2010-2011. The project included the removal and replacement of concrete curbs, cross gutters and pedestrian ramps, installation of new curbs, gutters and alley aprons to alleviate drainage problems at various locations in National City. A final inspection was conducted and completed work was found to be in accordance with the approved construction documents. On February 7, 2011 the Contractor submitted the final closing documents for project acceptance. It is recommended that the work be accepted in the total final contract amount of $75,684.62. The purpose of the attached final contract balance report is to finalize the contract quantities and construction completion time. With the total final cost, the construction was completed under the original contract amount by $15,308.98. RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY KOCH-ARMSTRONG GENERAL ENGINEERING, INC., FOR THE TOTAL FINAL AMOUNT OF $75,684.62, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON FEBRUARY 9, 2011 FOR THE NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $7,568.46 BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division that all work required to be done by Koch -Armstrong General Engineering, Inc., for the total final amount of $75,684.62, for the National City Drainage Improvements Project has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on February 9, 2011, and orders that payment for said work be made in accordance with said contract, including release of the retention in the amount of $7,568.46. PASSED and ADOPTED this 1st day of March, 2011. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor FINAL CONTRACT BALANCE DATE: February 2, 2011 PROJECT: National City Drainage Improvements Project, Specification No. I0-03 TO: Koch -Armstrong General Engineering Inc. Mr. Chris .Armstrong P.O. Box 1 190 Lakeside, CA 92040 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: $90,993.60 November I5, 2010 December 13, 2010 (includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 45 working days 0 working days 45 working days This change order is written to balance and finalize the amounts for said project_ Please see attached Contract Final Balance spreadsheet. DISCUSSION: Added or revised line items: Additive Change Order Number One was added to the contract for $ l ,010.00 per the City's request for the installation of 1000 square feet of re -enforcement fabric on the base of the cross gutter on Plaza Boulevard and Olive Avenue. Out of this 1000 square feet only 500 square feet was required and it was installed by the contractor for the amount of $505.00. Additive Change Order Number Two (CO2) was added to the contract for S5,370.00 per the City's request to delete the cross gutter located at 8`h Street and D Avenue including all the related items from the scope of work as described in the next paragraph. CO2 also added the Bid Additive No.1 and Bid Additive No.2 to the scope of work. However city decided not to perform any of the work included in the CO2 therefore CO2 was declared void by the City_ However, the Contractor performed a portion of thisChangeOrder before the City's decision was finalized. The amount of work performed was $3,326.00. The City deleted the cross gutter located at 8`h Street and D Avenue including all its related line items as follows: Page 1 FINAL CONTRACT BALANCE Line Item No. 3 was decreased from 10 pedestrian ramps to 8 pedestrian ramps resulting in a change of $3,700.00. Line Item No. 9 was decreased from 5075 Square Feet to 3107.5 Square Feet resulting in a change of $17,707.50. Line Item No. 12 was not performed by the contractor resulting in a decrease of $785.00. Line Item No. 14 was not performed by the contractor resulting in a decrease of $1,545.00. Additive Change Order Number Three was added to the contract for $1,207.50 per the City's request to remove a wider section of asphalt and replace with AC pavements in order to make a smoother transition between the cross gutter and the street surface at 21st Street and F Avenue. Line item No. 5 was increased by 2 linear feet in the amount of $43.00. Line Item No. 6 was increased because the amount required to replace sub -grade with wet base was 97.62 Tons. This change added 72.62 Tons of base for a total amount of $3,340.52. Line item No. 7 was decreased by 10 square feet because the actual work was less than the measured quantities resulting in a change of $81.00. Line item No. 8 was increased by 25 square feet because at 20th Street and Wilson Avenue the asphalt patching needed to be wider in order to have a smoother transition between the asphalt and the cross gutter. The nature and price of work at this location was the same as Line Item No. 8. The amount of increase was $87.50. Therefore, the construction bid price of$90,993.60 was decreased by $15,308.98. Due to said actual construction change orders and the net balance of line item changes resulting in a final construction cost of $75,684.62_ CONTRACT ADJUSTMENT: As a result of the above change orders, the contract price is adjusted as follows: 1_ The final contract price to date is adjusted to $75,684.62. 2. As a result of the satisfactory completion of said project, a retention amount of $7,568.46. is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. Page 2 FINAL CONTRACT BALANCE This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Koch Armstrong General Engineering, Inc. will not be entitled to damages or additional payment for delays as described in the 2009 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 3 Contract Final Balance National City Drainage Improvements Project, Specification # 10-03 Original Contract Adjusted Contract No. Item Unit Bid Qty Unit Price Amount Qty Unit Price Amount 1 CLEAR & GRUBB INCLUDING STORM WATER POLLUTION PREVENTION LS 1 $1,360.00 $1,360.00 1 $1,360.00 $1.360.00 2 TRAFFIC CONTROL LS 1 $3,400.00 $3,400.00 1 $3,400.00 $3,400.00 3 REMOVE AND REPLACE PEDESTRIAN RAMPS PER G-28 OR G-29 WITH TRUNCATED DOMES(G-30) EA 10 $1,850.00 $18,500.00 8 $1,850.00 $14,800.00 4 REMOVE AND REPLACE PEDESTRIAN RAMPS PER G-31 WITH TRUNCATED DOMES(G-30) EA 2 $1,600.00 $3,200.00 2 $1,600.00 $3,200.00 5 INSTALL NEW CURB AND GUTTER (MODIFIED G-2) LF 330 $21.50 $7,095.00 332 $21.50 $7,138.00 6 REMOVE AND REPLACE UNSUITABLE SUB -GRADE WITH CRUSHED AGGREGATE BASECAB TN 25 $46.00 $1,150.00 97.62 $46.00 $4,490.52 7 INSTALL NEW ALLEY APRON (G-17) SF 396 $8.10 $3,207.60 386 $8.10 $3,126.60 8 REMOVE AND REPLACE AC PAVEMENT AND AC BERM AT GROVE AVE SF 990 $3.50 $3,465.00 1015 $3.50 $3,552.50 9 REMOVE AND REPLACE CROSS GUTTER (G-12) SF 5075 $9.00 $45,675.00 3107.5 $9.00 $27,967.50 10 REMOVE AND REPLACE CURB (G-1) LF 8 $58.00 $464.00 8 $58.00 $464.00 11 REMOVE CROSS GUTTER SF 166 $4.50 $747.00 166 $4.50 $747.00 12 TRAFFIC STRIPING (PAINT AND THERMO PLASTIC) LS 1 $785.00 $785.00 0 $785.00 $0.00 13 REMOVE AND REPLACE LABELED TRAFFIC BOX EA 1 $400.00 $400.00 1 $400.00 $400.00 14 REMOVE AND REPLACE TRAFFIC LOOPS EA 3 $515.00 $1,545.00 0 $515.00 $0.00 Base Bid Subtotal $90,993.60 $70,646.12 Change Orders CO1 Install Mira Fi 700X at Plaza and Olive SF 1000 $1.01 $1,010.00 500 $1.01 $505.00 CO2 Deletion of cross gutter at 8th & D and Addition of Bid alternate #1 and Bid altenate #2 to the project LS 5370 $1.00 $5,370.00 1 $3,413.50 $3,326.00 CO3 Remove and Replace wider AC pavement for cross gutter transition at 21 st & F SF 345 $3.50 $1,207.50 345 $3.50 $1,207.50 Page 4 +,1,.,vlwu`4v ttC,i ui.Jl Ll) 15 Y: CJTY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: ciTY CLERK OF NATIONAL. CITY 13 National City Blvd_ tional City, CA 91950 TII. THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON FEB 09, 2011 DOCUMENT NUMBER 2011-0077680 Ernest J. Dronenburg, Jr.. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 11:40 AM (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION_ National City Drainage Improvements Project Specification No. 10-3 (Please fill in document title(s) on this line) THIS PACE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME CITY OF NATIONAL CITY ADDRESS: Attn: CITY CLERK 1243 NATIONAL my BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on February 8, 2011 of The National City Drainage Improvements Project,'Spec. No. 10-3 Work of improvement or portion of work of improvement under construction or alteration. 1200 National City Boulevard, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner -in -Fee Nature of the interest or estate of owner (mortgagor, lessee, etc_) Said work of improvement was performed on the property pursuant to a contract with Koch -Armstrong Generat Engineering, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Operators, Assembly, Concrete Finisher, Operating Equipment, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: February 9 , 2011; Joint tenants, tenants in common, or other owners gnature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is tnie of my own knowledge. 1 declare under penalty of perjury that the forgoing is true and correct Executed on February 9 , 2011, at National City, California Signature: RON MORRISON, MAYOR CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 5 M TITLE: H resolution of the City of National City Council authorizing the Mayor to execute a Sewer Loan Repayment Agreement by and between the City of National City and the Community Development Commission ("CDC") of the City of National City for a portion of the repayment of the Sewer Fund loan used for street resurf. ing. (Tax Increment Fund). PREPARED BY: Ba •y Tipton PHONE: 619-336-4583 EXPLANATION: The Redevelopment Plan for the Community Development Commission of the City of National City ("CDC") is authorized to expend tax increment funds for public improvements, including but not limited to street improvements. DEPARTMENT: Developmer S rvices/Eng. APPROVED BY: On June 22, 2010, City Council adopted Council Resolution 2010-148, authorizing an expenditure from the Tax Increment fund for repayment of a Sewer Fund loan in the amount of $771,250 (including interest), where the proceeds were used for street resurfacing. The loan will be repaid with the first payment due on June 30, 2011 and with a payment due on the same date each of the next two consecutive years, for a total of $771,250.00. The 4th and 5th payments will be from Prop. A funds. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED. APPROVED: Finance MIS This Agreement will provide for three consecutive payments to the Sewer Fund; $11,250 on June 30, 2011, $340,000.00 on June 30, 2012 and $420,000 on June 30, 2013 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Proposed Agreement 2. Resolutiont LOAN AGREEMENT FOR FY 2010-2011 STREET RESURFACING IMPROVEMENT PROGRAM THIS LOAN AGREEMENT (this "Agreement") is entered into this 1st day of March, 2011, by and between the CITY OF NATIONAL CITY (the "City") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "Commission"), with reference to the following facts: A. The City Council of the City of National City (the "City Council") adopted the Redevelopment Plan for National City Redevelopment Project on July 17, 2007 by Ordinance No. 2007-2295 (the "Redevelopment Plan"), which results in the allocation of a portion of the property taxes generated from the National City Redevelopment Project (the "Project Area") to the Commission for purposes of redevelopment. B. The intent of the Redevelopment Plan is, in part, to provide for the construction and installation of necessary public infrastructure and facilities and to facilitate the repair, restoration and/or replacement of existing public facilities and to perform specific actions necessary to promote the redevelopment and the economic revitalization of the Project Area; to increase, improve and preserve the community's supply of low and moderate income housing; and to take all other necessary actions to implement the Redevelopment Plan and to expend the Commission's share of property taxes (referred to as "tax increment") to accomplish the goals and objectives of the Redevelopment Plan. C. The Commission has adopted its Five -Year Implementation Plan for the Project Area, as amended from time to time (collectively, the "Implementation Plan") with established goals to support affordable housing, economic development, community revitalization, commercial revitalization, and institutional revitalization. To implement the programs and activities associated with each goal, the Commission has made redevelopment fund commitments and budget allocations based on estimated available tax increment revenue and debt financing structures. D. Pursuant to its Resolution No. 2010-148 (the "Resolution"), the Commission agreed to provide partial funding for the City's Street Resurfacing Improvement Program for fiscal year 2010-2011 to repair curbs, gutters, sidewalks, driveways, and pedestrian crossings, and provide traffic striping and signage in the Project Area (the "Program"). The Resolution authorized the expenditure of SEVEN HUNDRED SEVENTY ONE THOUSAND TWO HUNDRED FIFTY DOLLARS and 00/100 ($771,250.00.00) of tax increment funds to reimburse the City's interim loan from its Sewer Funds to complete the Program as the Commission's contribution to the cost of the work associated with the Program (said amount referred to as the "Commission's Funding Obligation".) E. Pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "CRL"), certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. Consistent with said provisions, the City and Commission agreed to carry out the Loan Agreement Page 1 of 6 Program in accordance with the objectives and purposes of the Redevelopment Plan and the Implementation Plan. The Commission expressed its desire for assistance and cooperation in the implementation of the Program, particularly as it pertained to the Project Area portions of the infrastructure in question. The City agreed to aid the Commission and cooperate with the Commission to expeditiously implement the Program in accordance with the Redevelopment Plan and the Implementation Plan and undertake and complete all actions necessary or appropriate to ensure that the objectives of the Redevelopment Plan and the Implementation Plan are fulfilled within the City's fiscal year 2010-2011 as promised to the Commission. F. In considering the Commission's desire to ensure timely implementation and completion of the Program, the Commission wishes to enter into this Agreement with the City for the funding from of net available tax increment ("Net Tax Increment"), as defined, below, to finance the Commission's Funding Obligation. The purpose of this Agreement is to facilitate the implementation of the Projects and to provide funding necessary to effectuate the completion of the Projects with Net Tax Increment in this current fiscal year and forthcoming fiscal years. G. "Net Tax Increment" is defined as any tax increment generated from the Project Area, net of any amount required by the CRL to be set aside for purposes of increasing, improving or preserving the City's supply of low and moderate housing, any amounts paid to affected taxing agencies whether by statute or agreement and any amounts paid to the State of California or the County of San Diego as required by statute or agreement, existing debt service payments, and existing contractual obligations received by the Commission or any lawful successor of the Commission and/or to any of the powers and rights of the Commission pursuant to any applicable constitutional provision, statute or other provision of law now existing or adopted in the future. The pledge of Net Tax Increment shall constitute obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations set forth in this Agreement will be contractual obligations that, if breached, will subject the Commission to damages and other liabilities or remedies. H. The City Council and the Commission by resolution have each found that the use of Commission redevelopment funding for the improvement of critical infrastructure within the Project Area scheduled in the Program is in accordance with Section 33445 of the CRL and other applicable law. The said City Council and Commission resolutions are each based on the authority of the Commission, with the consent of the City Council, to pay all or part of the cost of the installation and construction of any building, facility, structure, or other improvements which is publicly owned within the Project Area, if the City Council makes certain determinations. H. By approving and entering into this Agreement, the Commission has approved certain obligations, including the pledge of Net Tax Increment to pay for the Commission Funding Obligation. i. The obligations of the Commission under this Agreement shall constitute an indebtedness of the Commission for the purpose of carrying out the Redevelopment Plan for the Project Area. NOW, THEREFORE, the parties hereto do mutually agree as follows: Loan Agreement Page 2 of 6 I. INTRODUCTORY PROVISIONS The recitals above are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement. II. COMMISSION'S OBLIGATIONS 1. The Commission agrees to pay to the City the Commission Funding Obligation for the Program as authorized by the Resolution. The Commission Funding Obligation shall be evidenced by a Promissory Note (the "Note") substantially in form attached hereto as Exhibit 1. The Commission's obligations under this Agreement, including without limitation the Commission's obligation to make the payments to the City required by this Agreement, shall constitute an indebtedness of the Commission for the purpose of carrying out the redevelopment of the Project Area and are obligations to make payments authorized and incurred pursuant to Section 33445 of the CRL and other applicable statutes. The obligations of the Commission set forth in this Agreement are contractual obligations that, if breached, will subject the Commission to damages and other liabilities or remedies. 2. The obligations of Commission under this Agreement shall be payable out of Net Tax Increment, as defined in the above recitals and/or as defined or provided for in any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, levied by or for the benefit of taxing agencies in the Project Area, and allocated to the Commission and/or any lawful successor entity of the Commission and/or any entity established by law to carry out any of the redevelopment plans for the Project Area and/or expend tax increment or pay indebtedness of the Commission to be repaid with tax increment, pursuant to Section 33670 of the CRL or any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, in amounts not less than those set forth in the Note. 3. The indebtedness of Commission under this Agreement shall be subordinate to the rights of the holder or holders of any existing bonds, notes or other instruments of indebtedness (all referred to herein as "indebtedness") of the Commission incurred or issued to finance the Project Area, including without limitation any pledge of tax increment revenues from the Project Area to pay any portion of the principal (and otherwise comply with the obligations and covenants) of any bond or bonds issued or sold by Commission with respect to the Project Area. 4. All payments due to be made by the Commission to the City under this Agreement shall be made by the Commission in accordance with the schedule set forth in the Note and as otherwise necessary to reimburse the City for the cost to the City of performing its obligations hereunder. City shall provide Commission with reports accompanied by evidence reasonably satisfactory to the Commission's Executive Director that the City is making progress toward the satisfactory completion of the Program. III. CITY'S OBLIGATIONS Loan Agreement Page 3 of 6 1. The City shall perform all of the work for the Program. Any funds tendered by the Commission pursuant to this Agreement shall be devoted by the City to (i) payment for the portion of the Program work performed in the Project Area in an amount not to exceed the Commission's Funding Obligation or (ii) reimbursement to the City fund or funds from which the funding for the Program work in the Project Area was secured by the City. 2. It is the responsibility of City to pay all development and construction costs in connection with the Program from City funds and the sole obligation of the Commission under this Agreement shall be as set forth in Section II, above and further evidenced by the Note. 3. The City shall perform its obligations hereunder in accordance with the applicable provisions of federal, state and local laws, including the obligation to comply with environmental laws such as CEQA before undertaking each Project, and shall timely complete the work required for the Program, as provided in the Program. IV. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code section 895.2. V. ENTIRE AGREEMENT; WAIVERS; AND AMENDMENTS 1. This Agreement shall be executed in triplicate originals, each of which is deemed to be an original. This Agreement consists of six (6) pages and one (1) exhibit, which constitute the entire understanding and agreement of the parties. 2. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement. 3. This Agreement is intended solely for the benefit of the City and the Commission. Notwithstanding any reference in this Agreement to persons or entities other than the City and the Commission, there shall be no third party beneficiaries under this Agreement; provided, however, that City may, with the consent of Commission, which shall not be unreasonably withheld, assign City's rights and obligations, in whole or part, under this Agreement to any third party. Loan Agreement Page4of6 4. All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representatives of the parties. VI. SEVERABILITY If any term, provisions, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. VII. DEFAULT If either party fails to perform or adequately perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non -defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non - defaulting party will have all the rights and remedies available to it at law or in equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract. The rights and remedies of the non -defaulting party enumerated in this paragraph are cumulative and shall not limit the non -defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non -defaulting party against the defaulting party. All notices of defaults shall clearly indicate a notice of default under this Agreement. VIII. BINDING ON SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. SIGNTURES ON NEXT PAGE SPACE LEFT INTENTIONALLY BLANK Loan Agreement Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Attest: CITY OF NATIONAL CITY By: By: Mike Dalla Ron Morrison City Clerk Mayor Attest: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: By: Brad Raulston, Secretary Ron Morrison, Commission Chair APPROVED AS TO FORM: By: Claudia G. Silva City Attorney APPROVED AS TO FORM: Kane Ballmer & Berkman By: Susan Y. Cola Commission Special Counsel Loan Agreement Page 6 of 6 EXHIBIT 1 [behind this page] PROMISSORY NOTE TO THE CITY OF NATIONAL CITY 0.75% Interest National City, California $771,250.00 Date: March , 2011 FOR VALUE RECEIVED, the REDEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (the "Commission" or "Borrower") hereby promises to pay to the CITY OF NATIONAL CITY, a California general law city (the "City" or "Lender") the principal amount of SEVEN HUNDRED SEVENTY ONE THOUSAND TWO HUNDRED FIFTY DOLLARS and No/100 Cents ($771,250.00) (the "City Loan") together with interest on the unpaid principal balance from time to time outstanding at an annual rate of three quarters of one percent (0.75%). This Promissory Note ("Note") evidences the City Loan to the Commission, and is given by the Commission pursuant to the Community Redevelopment Law and that certain Loan Agreement for Fiscal Year 2010-2011 Street Resurfacing Improvement Program, dated March , 2011, by and between the City and Commission (referred to herein as the "Agreement"). The Agreement is a public record on file in the offices of the Commission and the City, and the provisions of said document are incorporated herein by this reference. 1. Definitions. Any capitalized term not otherwise defined herein shall have the meaning ascribed to such term in the Agreement. In addition, the following terms shall have the following meanings: "City Loan" shall mean the loan made by the City to the Commission pursuant to the Community Redevelopment Law and the Agreement in the principal amount of SEVEN HUNDRED SEVENTY ONE THOUSAND TWO HUNDRED FIFTY DOLLARS and No/100 Cents ($771,250.00), which is evidenced by this Note. "Community Redevelopment Law" shall mean the Community Redevelopment Law of the State of California set forth at California Health and Safety Code Section 33000 et seq. "Net Tax Increment" shall mean any tax increment generated from the Project Area, net of any amount required by the CRL to be set aside for purposes of increasing, improving or preserving the City's supply of low and moderate housing, any amounts paid to affected taxing agencies whether by statute or agreement and any amounts paid to the State of California or the County of San Diego as required by statute or agreement, existing debt service payments, and existing contractual obligations received by the Commission or any lawful successor of the Commission and/or to any of the powers and rights of the Commission pursuant to any applicable constitutional provision, statute or other provision of law now existing or adopted in the future. The pledge of Net Tax Increment shall constitute obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations set forth in this Agreement will be contractual obligations that, if breached, will subject the Commission to damages and other liabilities or remedies. "Person" means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company or other entity, domestic or foreign. "Tax Increment Revenue" means the portion of property tax revenues from the increase in assessed value of real property within the Project Area that has occurred after adoption of the Redevelopment Plan for the Project Area received by the Commission to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Commission to finance or refinance, in whole or in part, its activities in the Project Area. "Term" of this Note shall mean the period commencing from the execution of this Note by the Commission until June 30, 2013, which execution date shall constitute the "Effective Date" of this Note. "Transfer" shall have the meaning set forth in Section 9 of this Note. 2. This Note evidences the obligation of the Commission to the City for the repayment of the City Loan. 3. This Note is payable at the principal office of the City, 1243 National City Boulevard, National City, Califomia, 91950-4379, or at such other place as the holder hereof may inform the Commission, in writing, in lawful money of the United States. 4. This Note shall be secured by the Commission's pledge of Net Tax Increment Revenue as provided in the Agreement. 5. This Note shall bear interest at the rate of three quarters of one percent (0.75 %) per annum, simple interest, which shall begin to accrue upon the execution of the Agreement and this Note. 6. The indebtedness of the Commission under this Note shall be subordinate to the rights of the holder or holders of any existing bonds, notes and other instruments of indebtedness, and existing contractual indebtedness (all referred to herein as "indebtedness") of the Commission incurred or issued to finance its activities in the Project Area, including without limitation any pledge of tax increment revenues from the Project Area to pay any portion of the principal (and otherwise comply with the obligations and covenants) of any existing bond or bonds issued or sold by the Commission with respect to the Project Area. 7. Prior to the expiration of the third (3rd) anniversary following the Effective Date of this Note, the Commission shall be obligated to repay the City Loan from the Commission's Net Tax Increment, by making annual installment payments in accordance with the following schedule of payments: Promissory Note - Page 2 of 7 - PAYMENT DATE TOTAL PAYMENT PRINCIPAL INTEREST June 30, 2011 $11,250.00 $0.00 $11,250.00 June 30, 2012 $340,000.00 $328,750.00 $11,250.00 June 30, 2013 $420,000.00 $411,215.63 $8,784.38 In the event that additional funds are required in order to make the Commission payments to the City required by this Note, the Commission shall make such payments from income received by the Commission from its projects and programs or any other additional funds available to it. All payments to the City shall be applied first to interest, then to reduce the principal amount owed until the entire principal amount has been paid. 8. The entire unpaid principal balance of this Note and any accrued but unpaid interest shall be due and payable immediately in the event that there is a default by the Commission under the terms of this Note or the Agreement which is not cured within the respective time period provided herein and therein. 9. (a) Prior to the repayment in full of the City Loan, the Commission shall not assign or attempt to assign any right or interest in the Agreement (referred to hereinafter as a "Transfer"), without prior written approval of the City. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. The City shall not unreasonably withhold or delay its consent. If consent should be given, any such Transfer shall be subject to this Section 9, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. (b) Any such proposed transferee shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the City, to fulfill the obligations undertaken by the Commission in the Agreement and this Note. Any such proposed transferee, by instrument in writing satisfactory to the City, for itself and its successors and assigns, and for the benefit of the City shall expressly assume all of the obligations of the Commission under the Agreement and agree to be subject to all conditions and restrictions applicable to the Commission in this Note. There shall be submitted to the City for review all instruments and other legal documents proposed to effect any such Transfer; and if approved by the City its approval shall be indicated to the Commission in writing. (c) In the absence of specific written agreement by the City, no unauthorized Transfer, or approval thereof by the City, shall be deemed to relieve the Commission or any other party from any obligations under the Agreement. (d) In the event of a Transfer prior to the time the City Loan is paid in full, without the prior written consent of the City, the remaining principal balance of the City Loan and all accrued but unpaid interest shall be immediately due and payable. (e) As used herein, "Transfer" includes the transfer, assignment, hypothecation or conveyance of legal or beneficial ownership of any interest in the Commission, or any conversion of the Commission to an entity form other than that of the Commission at the time of execution of this Note. Promissory Note - Page 3 of 7 - (f) The City shall not unreasonably withhold, condition or delay its approval of any matter for which its approval is required hereunder. Any disapproval shall be in writing and contain the City's reasons for disapproval. 10. Subject to the provisions and limitations of this Section 10, the obligation to repay the City Loan is a nonrecourse obligation of the Commission. Commission officials, employees, agents and attorneys shall not have any personal liability for repayment of the City Loan. The sole recourse of City for repayment of the City Loan shall be the exercise of its rights against the security for the City Loan. Provided, however, that the foregoing shall not (a) constitute a waiver of any obligation evidenced by this Note; (b) limit the right of the City to name the Commission as a party defendant in any action or proceeding hereunder so long as no judgment in the nature of a deficiency judgment shall be asked for or taken against the Commission; (c) release or impair this Note; (d) prevent or in any way hinder the City from exercising, or constitute a defense, an affirmative defense, a counterclaim, or other basis for relief in respect of the exercise of, any other remedy or any other instrument securing the Note or as prescribed by law or in equity in case of default; (e) prevent or in any way hinder the City from exercising, or constitute a defense, an affirmative defense, a counterclaim, or other basis for relief in respect of the exercise of, its remedies in respect of any deposits, insurance proceeds, condemnation awards or other monies or other collateral or letters of credit securing the Note; (f) relieve the Commission of any of its obligations under any indemnity delivered by the Commission to the City; or (g) affect in any way the validity of any guarantee or indemnity from any Person of all or any of the obligations evidenced and secured by this Note. Notwithstanding the first sentence of this paragraph, City may recover directly from the Commission or from any other party: (a) Any damages, costs and expenses incurred by the City as a result of fraud or any criminal act or acts of the Commission or any member, officer, director or employee of the Commission; (b) Any damages, costs and expenses incurred by the City as a result of any misappropriation of funds; (c) All court costs and attorneys' fees reasonably incurred in enforcing or collecting upon any of the foregoing exceptions (provided that the City shall pay to the Commission the Commission's reasonable court costs and attorneys' fees if the Commission is the prevailing party in any such enforcement or collection action). 11. The Commission waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. The Commission hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by the holder hereof, in the enforcement of this Note, the Agreement or any term or provision thereof. 12. Upon the failure of Commission to perform or observe any other term or provision of this Note, upon any event of acceleration described in Section 8, or upon the Promissory Note - Page 4 of 7 - occurrence of any other event of default under the terms of the Agreement, the holder may exercise its rights or remedies hereunder or thereunder. 13. (a) Subject to the extensions of time set forth in Section 14, and subject to the further provisions of this Section 13, failure or delay by the Commission to perform any material term or provision of this Note or the Agreement constitutes a default under this Note. (b) The City shall give written notice of default to the Commission, specifying the default complained of by the City. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. (c) Any failures or delays by the City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the City in asserting any of its rights and remedies shall not deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. (d) If a monetary event of default occurs under the terms of this Note or the Agreement, prior to exercising any remedies hereunder or thereunder, the City shall give to the Commission written notice of such default. The Commission shall have a reasonable period of time after such notice is given within which to cure the default prior to exercise of any remedies by the City under this Note and/or the Agreement. In no event shall the City be precluded from exercising any remedies if its security becomes or is about to become materially impaired by any failure to cure a default or the default is not cured within ten (10) calendar days after the notice of default is received or deemed received. (e) If a non -monetary event of default occurs under the terms of this Note or the Agreement, prior to exercising any remedies hereunder or thereunder, the City shall give to the Commission written notice of such default. If the default is reasonably capable of being cured within thirty (30) calendar days after such notice is received or deemed received, the Commission shall have such period to effect a cure prior to exercise of any remedies by the City under this Note and/or the Agreement. If the default is such that it is not reasonably capable of being cured within thirty (30) calendar days, and the Commission(i) initiates corrective action within said period, and (ii) diligently and in good faith works to effect a cure as soon as possible, then the Commission shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the City. In no event shall the City he precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) calendar days after the notice of default is received or deemed received. (f) Any notice of default that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice of default that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt by Borrower; and any notice of default that is sent by registered or certified mail, postage prepaid, return receipt required shall be deemed received on the date of receipt thereof. Promissory Note - Page 5 of 7 - 14. Notwithstanding specific provisions of this Note, the Commission shall not be deemed to be in default for failure to perform any non -monetary performance hereunder where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub -contractor or supplier, acts of the City or any other public or governmental Commission or entity, or any causes beyond the control or without the fault of the Commission ("Force Majeure Event"). An extension of time for any such Force Majeure Event shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause of the Force Majeure Event, if notice by the Commission is sent to the City within thirty (30) calendar days of knowledge of the commencement of such cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Event unless and until the Commission delivers to the City written notice describing the event, its cause, when and how the Commission obtained knowledge, the date and the event commenced, and the estimated delay resulting therefrom. The Commission shall deliver such written notice within thirty (30) calendar clays after it obtains actual knowledge of the Force Majeure Event. Times of performance under this Note may also be extended in writing by the City and the Commission. 15. If the rights created by this Note shall be held by a court of competent jurisdiction to be invalid or unenforceable as to any part of the obligations described herein, the remaining obligations shall be completely performed and paid. 16. The Commission shall have the right to prepay the obligation evidenced by this Note, or any part thereof, without penalty. IN WITNESS WHEREOF, the Commission has executed this Note as of the day and year set forth above. Attest: BORROWER COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: By: Brad Raulston, Secretary Ron Morrison, Commission Chair APPROVED AS TO FORM: By: Claudia G. Silva, General Counsel Promissory Note -Page6of7- APPROVED AS TO FORM: Kane Ballmer & Berkman By: Susan Y. Cola Commission Special Counsel Promissory Note - Page 7 of 7 - RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SEWER LOAN REPAYMENT AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR A PORTION OF THE REPAYMENT OF THE SEWER FUND LOAN USED FOR STREET RESURFACING, AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO WHEREAS, the City Council adopted the Redevelopment Plan for the National City Redevelopment Project on July 17, 2007, by Ordinance No. 2007-2295 (the "Redevelopment Plan"), which results in the allocation of a portion of the property taxes generated from the National City Redevelopment Project (the "Project Area") to the Community Development Commission of the City of National City (the "CDC") for purposes of redevelopment; and WHEREAS, the intent of the Redevelopment Plan is, in part, to provide for the construction and installation of necessary public infrastructure and facilities, to facilitate the repair, restoration and/or replacement of existing public facilities, and to perform specific actions necessary to promote the redevelopment and the economic revitalization of the Project Area; to increase, improve and preserve the community's supply of low and moderate income housing; and to take all other necessary actions to implement the Redevelopment Plan and to expend the CDC's share of property taxes (referred to as "tax increment") to accomplish the goals and objectives of the Redevelopment Plan; and WHEREAS, the CDC has adopted its Five -Year Implementation Plan for the Project Area, as amended from time to time (collectively, the "Implementation Plan") with established goals to support affordable housing, economic development, community revitalization, commercial revitalization, and institutional revitalization. To implement the programs and activities associated with each goal, the CDC has made redevelopment fund commitments and budget allocations based on estimated available tax increment revenue and debt financing structures; and WHEREAS, the City and CDC wish to cooperate with one another to bring about the redevelopment of the Project Area, and accomplish various tasks set forth in the Redevelopment Plan and the Implementation Plan; and WHEREAS, pursuant to Resolution No. 2010-148 (the "Resolution"), the CDC agreed to provide partial funding for the National City Street Resurfacing Improvement Program for fiscal year 2010-2011 to repair curbs, gutters, sidewalks, driveways, and pedestrian crossings, and provide traffic striping and signage in the Project Area (the "Program"). The Resolution authorized the expenditure of Seven Hundred Seventy One Thousand Two Hundred Fifty Dollars and 00/100 ($771,250.00.00) of tax increment funds to reimburse the City's interim loan from its Sewer Funds to complete the Program as the CDC's contribution to the cost of the work associated with the Program (said amount referred to as the CDC's Funding Obligation"); and WHEREAS, pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "CRL") certain public bodies, including the City, may aid and cooperate in the planning, undertaking, construction or operation of redevelopment projects; and Resolution No. 2011 — Page Two WHEREAS, the CDC and City desire to enter into a Loan Agreement (the "Agreement") to provide for implementation of the Program, under which payments will be made by the CDC to the City as otherwise necessary to reimburse the City for the cost to the City of installing and constructing the Program; and WHEREAS, the obligations of the CDC under the Agreement shall constitute an indebtedness of the CDC for the purpose of carrying out the Redevelopment Plan for the Project Area; and WHEREAS, it is in the best interests of the City and for the common benefit of residents, employees, business tenants and property owners within the Project Area, and the City as a whole, for the Program to be developed and constructed in accordance with the Agreement; and WHEREAS, the Agreement shall require the City to comply with Public Resources Code Sections 21000, et seq. ("CEQA") before undertaking the Program and, pursuant to CEQA Guideline Section 15378(b)(4), approval of the Agreement is not a project subject to the California Environmental Quality Act ("CEQA"), because the Agreement consists of the creation of a governmental funding mechanism for various public improvements, but does not commit funds to any specific public improvement, in that environmental review required by CEQA shall be completed prior to the commencement of any public improvement listed in the Agreement; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. The City Council has received and heard all oral and written objections to the Agreement, and to other matters pertaining to this transaction, and all such oral and written objections are hereby overruled. Section 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 3. Based on the evidence in the record, the City Council hereby finds and determines, with respect to the Program that: (a) Said programs and activities associated therewith are of benefit to the Project Area by helping to eliminate blight within the Project Area or providing housing for low - or moderate income persons; and (b) No other reasonable means of financing said Program and the programs and activities associated therewith are available to the community; and Resolution No. 2011 — Page Three (c) The payment of funds by the CDC for the costs related to said Program and the programs and activities associated therewith is consistent with the respective Implementation Plan adopted pursuant to Section 33490 of the CRL. Section 4. The Mayor, or designee, is hereby authorized to execute the Agreement on behalf of the City, together with such non -substantive changes and amendments as may be approved by the City Manager and City Attorney. Section 5. The City Manager, or designee, is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement the Agreement, including, without limitation, any security instruments to be recorded against CDC assets to secure the CDC's obligations under the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement. Section 6. Said Agreement is on file in the office of the City Clerk. Section 7. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this lst day of March, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 6 "EM TITLE: resolution of the City Council of the City of National City authorizing the Mayor to Execute a Fifth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions (522 West 8th Street and 2020 Hoover Avenue) PREPARED BY: George H. Eiser, ill, DEPARTMENT: PHONE: Ext. 4221 EXPLANATION: APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: emorandum vroposed resolution Fifth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions u-4 cAIFORNIA -c+ Mayor Ron Morrison Council Members Alejandro Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate NATIONAL CFrV INCORPOitATED —J 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: February 15, 2011 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Agreement for Exchange of City -Owned Property at 522 West 8th Street for Property Owned by Illes Family Trust at 2020 Hoover Avenue; Fifth Amendment to Agreement On September 23, 2010, the City and the Illes Family Trust ("Illes") entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Agreement") whereby the parties agreed to an exchange of the City -owned property at 522 West 8th Street for the Iiles- owned property at 2020 Hoover Avenue. Since the Agreement was entered into, it has been necessary for the Agreement to be amended four times to allow sufficient time to resolve certain environmental issues surrounding the City -owned property. The environmental issues have now been adequately addressed, and the parties are now in a position to complete the transaction. Section 3.2 of the Agreement provides that Close of Escrow shall occur on or before the date that is 30 days after expiration of the Contingency Period, as defined in Section 6.1.2. Pursuant to Section 6.1.2, as revised pursuant to the Fourth Amendment, the Contingency Period shall expire at 5:00 p.m. of the third day following receipt by the Parties of the soils investigation report for 522 West 8th Street by Geosyntec Consultants pursuant to Geosyntec's proposal dated January 21, 2011 (the "Soils Report"). The Soils Report was received by the Parties on February 8, 2011, making the expiration of the Contingency Period 5:00 p.m. on February 11, 2011, and resulting in a Close of Escrow date of March 13, 2011. The Illes Property at 2020 Hoover Avenue is encumbered by a small business loan which must be satisfied prior to closing. Pursuant to the regulations governing small business loans, the pay- off of the subject loan must occur on March 17, 2011. Therefore, in order to facilitate the pay-off of the small business loan, it is necessary to amend Section 3.2 of the Agreement to extend the date of Close of Escrow to March 17, 2011. The proposed Fifth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions would amend Section 3.2 of the Agreement to provide as follows: 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Fifth Amendment to Agreement February 15, 2011 Page 2 3.2. Close of Escrow. "Close of Escrow" shall be the date that the grant deed, the form of which is attached hereto as Exhibit "E" ("City Grant Deed"), conveying the City Property to Illes, and the grant deed, the form of which is attached hereto as Exhibit "F" (the "Illes Grant Deed"), conveying the Ines Property to the City, are recorded in the Official Records of San Diego County, California ("Official Records"). The Close of Escrow shall occur on March 17, 2011 (the "Closing Date"). The City shall deliver possession of the City Property to Illes on the Closing Date, and Illes shall deliver possession of the Illes Property to the City pursuant to Section 6.1.27, entitling Illes to lease back the Property, upon the Close of Escrow, subject only to the "Approved Condition of Title" (as defined in Sections 4.1 — 4.4 below) and the provisions of the City Grant Deed and the Illes Grant Deed. It is recommended that the City Council approve the Fifth Amendment to Agreement by adoption of the proposed resolution. GEORGE H. EISER, HI Legal Counsel GHE/gmo FIFTH AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS TO: Stewart Title Company 7675 Mission Valley Road San Diego, CA 92108-4429 (619) 692-1600 ("Escrow Holder") Escrow No.: Escrow Officer: Title Order No.: Title Officer: 288553 Rhonda Bernardini Frank Green THIS FIFTH AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this 1st day of March, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation, ("City"), and ILLES FAMILY TRUST ("Illes"). The City and Illes are sometimes hereinafter referred to collectively as the "Parties". RECITALS A. On or about September 23, 2010, the Parties entered into an Agreement whereby they agreed to the exchange of the City Property at 522 West 8th Street, National City, for the Illes Property at 2020 Hoover Avenue, National City. B. The Agreement was subsequently amended on or about November 9, 2010 ("First Amendment"), December 23, 2010 ("Second Amendment"), January 11, 2011 ("Third Amendment"), and January 24, 2011 ("Fourth Amendment"). C. Section 3.2 of the Agreement provides that Close of Escrow shall occur on or before the date that is thirty (30) days after expiration of the Contingency Period, as defined in Section 6.1.2. D. Pursuant to Section 6.1.2, as revised pursuant to the Fourth Amendment, the Contingency Period shall expire at 5:00 p.m. of the third day following receipt by the Parties of the soils investigation report for 522 West 8th Street by Geosyntec Consultants pursuant to Geosyntec's proposal dated January 21, 2011 (the "Soils Report"). E. The Soils Report was received by the Parties on February 8, 2011, making the expiration of the Contingency Period 5:00 p.m. on February 11, 2011, and resulting in a Close of Escrow date of March 13, 2011. F. The Illes Property at 2020 Hoover Avenue is encumbered by a small business loan which must be satisfied prior to closing. Pursuant to the regulations governing small business loans, the pay-off of the subject loan must occur on March 17, 2011. Therefore, in order to facilitate the pay-off of the small business loan, it is necessary to amend Section 3.2 of the Agreement to extend the date of Close of Escrow to March 17, 2011. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the Parties agree that Section 3.2 of the Agreement for Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, as amended, is amended to read as follows: 3.2. Close of Escrow. "Close of Escrow" shall be the date that the grant deed, the form of which is attached hereto as Exhibit "E" ("City Grant Deed"), conveying the City Property to Illes, and the grant deed, the form of which is attached hereto as Exhibit "F" (the "Isles Grant Deed"), conveying the Isles Property to the City, are recorded in the Official Records of San Diego County, California ("Official Records"). The Close of Escrow shall occur on March 17, 2011 (the "Closing Date"). The City shall deliver possession of the City Property to Isles on the Closing Date, and Isles shall deliver possession of the Illes Property to the City pursuant to Section 6.1.27, entitling Ines to lease back the Property, upon the Close of Escrow, subject only to the "Approved Condition of Title" (as defined in Sections 4.1 — 4.4 below) and the provisions of the City Grant Deed and the Isles Grant Deed. With the foregoing exception, each and every provision of the Agreement for Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to Agreement as of the day and year first written above. ILLES FAMILY TRUST CITY OF NATIONAL CITY By: By: Richard Isles, Trustee Ron Morrison, Mayor By: Beverly Ann Illes, Co -Trustee APPROVED AS TO FORM: Claudia G. Silva City Attorney Between the City of National City 2 of 3 5th Amendment to Agreement for Exchange and Richard Ines of Real Property and Joint Escrow Instructions Acceptance by Escrow Holder: Steward Title Company hereby acknowledges that it has received a fully executed original or original executed counterparts of the foregoing Agreement for Exchange of Real Property and Joint Escrow Instructions, and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: , 2011. Stewart Title Company a California corporation By: Its Authorized Agent Name: Title: Between the City of National City 3 of 3 5th Amendment to Agreement for Exchange and Richard Illes of Real Property and Joint Escrow Instructions RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS WHEREAS, on or about September 23, 2010, the City and The Illes Family Trust entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Agreement") whereby they agreed to the exchange of the City Property at 522 West 8th Street, National City, for the Illes Property at 2020 Hoover Avenue, National City; and WHEREAS, the Agreement was subsequently amended on or about November 9, 2010 ("First Amendment"), December 23, 2010 ("Second Amendment"), January 11, 2011 ("Third Amendment"), and January 24, 2011 ("Fourth Amendment") ; and WHEREAS, Section 3.2 of the Agreement provides that Close of Escrow shall occur on or before the date that is thirty (30) days after expiration of the Contingency Period, as defined in Section 6.1.2; and WHEREAS, pursuant to Section 6.1.2, as revised pursuant to the Fourth Amendment, the Contingency Period shall expire at 5:00 p.m. of the third day following receipt by the Parties of the soils investigation report for 522 West 8th Street by Geosyntec Consultants pursuant to Geosyntec's proposal dated January 21, 2011 (the "Soils Report"); and WHEREAS, the Soils Report was received by the Parties on February 8, 2011, making the expiration of the Contingency Period 5:00 p.m. on February 11, 2011, and resulting in a Close of Escrow date of March 13, 2011; and WHEREAS, the Illes Property at 2020 Hoover Avenue is encumbered by a small business loan which must be satisfied prior to closing. Pursuant to the regulations governing small business loans, the pay-off of the subject loan must occur on March 17, 2011. Therefore, in order to facilitate the pay-off of the small business loan, it is necessary to amend Section 3.2 of the Agreement to extend the date of Close of Escrow to March 17, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fifth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions to amend Section 3.2 of the Agreement to extend the date of Close of Escrow to March 17, 2011. Said Fifth Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva, City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 7 resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY10 Urban Area Security Initiative (UASI) Grant Funding. (Fire) EM TITLE: PREPARED BY: Walter Amedee A DEPARTMENT: PHONE: (619) 336-4556 APPROVED BY: EXPLANATION: This Memorandum of Understanding documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. FINANCIAL STATEMENT: ACCOUNT NO. APPROVE APPROVED: Finance MIS Minor impact; the UASI Grant requires the City to request reimbursement for expenditures for training and equipment. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the MOU between the City of San Diego Office of Homeland Security and the City of National City regarding the FY10 UASI grant funding. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: . MOU between the City of San Diego Office of Homeland Security and the City of National City regarding the FY10 Urban Area Security Initiative (UASI) grant funding . Resolution MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FY 10 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective (effective date to be completed by City of San Diego City Attorney's Office) 20 1 1 between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and City of National City under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment B). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of Title 29 of the Code of Federal Regulations (CFR) Sections 1910.120(q) and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.16, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, rescue squad, or medical engine company. Personnel must meet the 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding requirements set forth in the Califomia Code of Regulations Title 22. Social Security, Division 9; Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. HazMat (HZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of Califomia Emergency Management Agency (Cal EMA) and the U.S. Department of Homeland Security/Federal Emergency Management Agency. Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City , by and through their authorized representatives. CITY OF SAN DIEGO By: Title: (Signature) By: Ron Morrison Title: (Print) Mayor I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this day of 201 1 JAN GOLDSMITH, City Attorney By: Deputy City Attorney 3 ATTACHMENT A California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) Name of Applicant: City of National City Address: 1243 National City Blvd. City: National City State: CA Zip Code: 91 950 Telephone Number: E-Mail Address: (619) 336-4556 Fax Number: (619) 336-4328 wamedee@nationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to accept Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2010 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. Page I Initials` 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. WiIl maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 11. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority - owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 14. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 15. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-61 ';), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. Page 2 Initials W12 g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968-(42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental„or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the. nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 17. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1971 (42 U.S.C. § 4601 et seq. [Pl. 91-646j) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 19. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 20. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are Page 3 Initials 1,24 discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the'appropriate State Historic Preservation Office. 21_ Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 22. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (EO1 I514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 24. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies ofFEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the US. Department of Homeland Security." 25. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. Page 4 Initials 26. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 27. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of Califomia, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 29. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 30. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 3I. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 33. Will comply, as applicable, with the provision of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 34. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member Page 5 Initials 4,19-- of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 35. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. 37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-1 10); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 42. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. Page 6 Initials 49 43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2010 I-lomeland Security Grant Program application. Further, use of FYI0 funds is limited to those investments included in the Califomia FYIO Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 44. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12:49 and 12689, "Debarment and Suspension". 45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and Page 7 Initials 47 iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department ofJustice, Office ofJustice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 1�Iatice shall inrludeihe identification number(s) ofeach-ffected grant.: f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 47. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 48. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Page 8 Attachment B CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 10 UASI Date: March 1, 2011 Agency: City of National City Authorized Agent Name: Walter Amedee Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. EMERGENCY MEDICAL TECHNICIAN I EMERGENCY MEDICAL TECHNICIAN II PARAMEDIC LIFEGUARD I LIFEGUARD 11 LIFEGUARD III LIFEGUARD SERGEANT MARINE SAFETY LIEUTENANT LIFEGUARD CHIEF TOTAL FIRE FIGHTER FIRE ENGINEER FIRE CAPTAIN FIRE BATTALION CHIEF 0 19 9 9 4 9 Attachment B DEPUTY FIRE MARSHAL DIRECTOR OF EMERGENCY SERVICES 1 TOTAL HAZARDOUS MATERIALS SPECIALIST 43 HAZARDOUS MATERIALS TECHNICIAN TOTAL POLICE OFFICER I 0 50 POLICE CORPORAL 21 POLICE SERGEANT 13 POLICE LIEU TENANT 6 ASSISTANT POLICE CHIEF I POLICE CHIEF 1 TOTAL 92 Id RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING THE FISCAL YEAR 2010 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") grant program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding the Fiscal Year 2010 Urban Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City authorizing the submission of the Grant Assurances for the FY10 State Homeland Security Grant Program (Fire) PREPARED BY: Walter Amedee DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The FY10 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The FY10 State Homeland Security Grant Program consists of the State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Program (LETPP), and the Metropolitan Medical Response System (MMRS). The San Diego County Office of Emergency Services coordinates requests for equipment, training, exercises, and planning on behalf of the City of National City. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY10 State Homeland Security Grant Program. The FY10 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 282-411-938-355-0000 & 282-412-938-355-0000 APPROVED: MIS No negative impact; FY10 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the submission of the Grant Assurances for the FY10 State Homeland Security Grant Program. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: rlifornia Emergency Management Agency FY2010 Grant Assurances solution Name of Applicant: California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) City of National City Address: 1243 National City Blvd. City: National City State: CA Telephone Number: (619) 3 3 6- 4 5 5 6 Fax Number: Zip Code: (619) 336-4328 E-Mail Address: wamedee@nationalcityca.gov 91950 As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning. management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency- Management Agency (FEMA) and sub -granted through the State of California. California Emergency Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (tor example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2010 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. Page 1 Initials AV 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 11. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others. particularly those with whom they have family, business, or other ties. 12. Understands and agrees that Federal funds will not be used. directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority - owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 14. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 15. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352). as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. c. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. Page 2 Initials g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.). as amended, relating to nondiscrimination in the sale, rental or financing of housing. i Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race. color, religion, national origin, gender. or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply. and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants. M7100.1. 17. Will comply with the requirements of Titles If and II1 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 19. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 20. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including. but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DI IS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are Page 3 Initials discovered, the subgrantee will immediately cease activity in that area and notify DHS!FEMAICaI EMA and the appropriate State Historic Preservation Office. 21. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 22_ Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (EO11514). b_ Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 24. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security_ Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMAs Grant Programs Directorate or the US. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 25. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. Page 4 Initials 64/2 26. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 27. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 29. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 30. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 31. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 33. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 34. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member Page 5 Initials 1 of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form ELL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 35. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire. emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. 37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian'I'ribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21): Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 42. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. Page 6 Initials 4'60 43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2010 Ilomeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2010 Homeland Security Grant Program application. Further, use of FY10 funds is limited to those investments included in the California FY10 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 44. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689. "Debarment and Suspension". 45. As required by Executive Order 12549, Debarment and Suspension. and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutcs or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements. or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal. State, or local) terminated for cause or default; and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees about: i_ The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and Page 7 Initials iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 47. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 48. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Page 8 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMISSION OF THE GRANT ASSURANCES FOR FISCAL YEAR 2010 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Fiscal Year 2010 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the 2010 State Homeland Security Grant Program consists of the State Homeland Security Grant Program ("SHSP"), Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response System ("MMRS"); and WHEREAS, the San Diego County Office of Emergency Services coordinates requests for equipment, training, exercises, and planning on behalf of the City of National City; and WHEREAS, in order to receive grant funds, the City Council must authorize the submission of the Grant Assurances for the Fiscal Year 2010 State Homeland Security Grant Program, which is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the County Office of Emergency Services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submission of the Grant Assurances for the Fiscal Year 2010 State Homeland Security Grant Program. PASSED and ADOPTED this 1st day of March, 2011. 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: March 1, 2011 AGENDA ITEM NO. 9 'EM TITLE: tasolution of the City Council of the City of National City authorizing funds in the amount of $70,151 for the reimbursable grant purchase of equipment for the Police and Fire Departments from the FY10 State Homeland Security Grant Program (Fire) PREPARED BY: Walter Amedee 9- DEPARTMENT: Fi PHONE: 619-336-4556 APPROVED BY: _ EXPLANATION: The FY10 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The San Diego County Office of Emergency Services coordinated the requests for equipment, training, exercises, and planning. National City's portion of the grant totaled $70,151 for equipment. The equipment and training funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must order and/or receive the items prior to the December 31, 2011 deadline. Staff recommends the utilization of $70,151 of City funds for equipment, training, exercises, and planning for the Police and Fire Departments, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED "lf Finance ACCOUNT NO. 282-411-938-355-0000 & 282-412-938-355-0000 APPROVED: MIS No negative impact; FY10 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the utilization of $70,151 of City funds for the Police Department and Fire Department. Direct Staff to submit reimbursement forms to the San Diego County Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: '2'EMA Notification of Conditional Hold Removal Letter 10 SHSG Proposed Allocations List .....volution 11/29/2010 11:45 ARNOLD SCHWARZENEGGER GOVERNOR MATMEW R. BETTENHAUSEN SECRETARY LL 35 CALIFORNIA EMERGENCY MANAGEMENT AGENCY OFFICE OF GRANTS MANAGEMENT November 24, 2010 Mr. Ronald Lane County of San Diego 5555 Overland Ave, Ste 1911 San Diego, CA 92123 Dear Mr. Lane: Subject: PAGE 02/02 r?/o_c36 3650 SCHRtEve,lt AvE MATriEtt, CA 9 655 07.y6 ">06ZI PHoNE(916)845-8510 FAx (916) 324-5902 Amount Coinpletion Date A STRENGTHEN iNTEROPERABLE & OPERABLE COM B STRENGTHEN INFO SHARING �500,000 12/31/2011 C ENHANCE MEDICAL & PUBLIC HEA LTH PREPAREDNESS $800.000 12/31/2011 G ENHANCED CATASTROPHIC INCIDENT CAPABILITIES $1,0 S00,000 12/31/2011 Thank you for submitting the necessary documentation to remove this restriction from your grant award Please begin incurring costs and submitting requests for reimbursements effective the date of this letter. As stated in your FYI O award letter, the performance milestones shown above will be used by Cal BMA to both determine the appropriate date to disencumber funds awarded under this grant and re -direct them to other needs across the State, and as Indicators of performance and grant management capacity in future competitive grant applications Please note, pending the submittal of required EIIP material to Cal EMA and the subsequent FE.MA approval, no costs may be incurred on projects as well as the training and exercise activities, until the conditional hold on these projects is removed. NOTIFICATION OF CONDITIONAL .HOLD .REMOVAL FY2010 Homeland Security Grant Program (HSGP) Grant #2010-0085, Cal EMA ID# 073-00000 The California Emergency Management Agency (Cal EMA) has removed the "Conditional I-lold" placed on your FY2010 .Homeland Security Grant Program (HSGP) award for the following projects: Performance Milestones: We look forward to working with you throughout the upcoming grant year. For further assistance, please contact your Cal EMA Program Representative or the Grant Management Division at (916) 322-9067. Sincerely. - Ursula Harelson, Chief I•Iomeland Security Grant Section Carlsbad County of San Diego Office of Emergency Services FY10 State Homeland Security Program Proposed Allocations CITIES Non -LE Allocation $124,779 LE Allocation $32,690 EMPP Allocation $47,500 Personnel (Maximum 50%) $102,485 Total Allocation $204,970 Chula Vista $124,092 $68,223 $30,000 $111,157 $222,315 Coronado $48,124 $12,508 t$i $30,316 $60,632 Del Mar $19, 937 $21,600 $20,769 $41,537 El Cajon $43,999 $34,111 $16,500 $47,305 $94,611 Encinitas $49,156 $21,691 $35,423 $70,847 Escondido $190, 778 $48,325 $78,220 $158,662 $317,323 Imperial Beach La Mesa $22,343 $27,800 $25,072 $50,143 $30,250 $19,330 $23,200 $36,390 $72,779 Lemon Grove $9,281 $18,500 $13,891 $27,781 National City Oceanside $35,076 $35,076 $35,076 $70,151 Port of SD (HPD) $72,186 so Poway $92,124 San Diego $0 $65,380 $40,081 $604,057 $26,000 $174,321 $81,783 $20,040 $163,567 $40,081 $46,062 $92,124 $389,189 $778,378 San Marcos Santee Solana Beach Vista $75,624 $33,343 $13,062 $70,468 $36,500 $113,715 $21,600 $111,968 $56,062 $73,529 $17,331 $91,218 $112,124 $147,058 $34,662 $182,436 SUBTOTALS $1,054,623 $959,780 $769,115 $1,391,759 $2,783,518 FV10 SHSP Distribution Cities Proposed/SHSP - All rev. 06/23)09 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $70,151 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE AND FIRE DEPARTMENTS FROM THE FY10 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the FY10 State Homeland Security Grant Program was designed to supplement the purchase of equipment and training for police and fire personnel; and WHEREAS, National City's portion of the grant for FY10 totaled $70,151 for equipment, which will be divided equally between the Police and Fire Departments; and WHEREAS, the San Diego County Office of Emergency Services is responsible for coordinating the reimbursement requests for equipment; and WHEREAS, to ensure that the Fire and Police Departments' equipment is purchased prior to the grant deadline of December 31, 2011, the grant funds must be used to order and/or receive equipment prior to that deadline, to enable staff to claim reimbursement out of the grant funding by the December 31, 2011 deadline. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $70,151 of City funds to purchase equipment for the Fire and Police Departments, and directs staff to request reimbursement for such expenditures from the San Diego County Office of Emergency Services. PASSED and ADOPTED this 1st day of March, 2011. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011j AGENDA ITEM NO.10 EM TITLE: resolution of the City Council of the City of National City Authorizing the Acceptance of $40,589 from the FY10 Assistance to Firefighters Grant and Authorizing Existing Matching Funds in the National City Fire Department's Budget in the amount of $10,147 to join the San Diego Sports Medicine and Family Health Center for Wellness Program Services. (FIRE) PREPARED BY: Walter Amedee 142 DEPARTMENT: F PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The federal Department of Homeland Security has announced the City of National City would be awarded $40,589 or 80% in new funding for the National City Fire Department (NCFD) to join the San Diego Sports Medicine and Family Health Center valued at $50,736. The City is required to allocate $10,147 or a 20% match to receive the funding. The NCFD will use existing funds in its Medical Services Account (205). This is the 5th year the NCFD will participate in the Program. By participating in the Program over the last four years, NCFD firefighters have shown substantial improvement in various health/fitness parameters. FINANCIAL STATEMENT: APPROVE iLCI%W - Finance ACCOUNT NO. 001-412-125-205-0000/282-412-939-205-0000APPROVED: ' MIS Minor impact; the grant match of the $10,147 will come from the existing NCFD Medical Services Account. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the $40,589 from the FY09 Assistance to Firefighters Grant and utilize $10,147 of existing funds for the NCFD to join the San Diego Sports Medicine and Family Health Center: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Grant Agreement Articles. Resolution. i US.. L. Vl V U.S. Department of Homeland Security Washington, D.C. 2047' FEMA Mr. Walter Amedee City of National City Fire Department 1243 National City Boulevard National City, CA 91950, California 91950-4596 Re: Grant No.EMW-2010-FO-03442 Dear Mr. Amedee: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), 1 am pleased to inform you that your grant application submitted under the FY 2010 Assistance to Firefighters Grant has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration (USFA), carries out the Federal responsibilities of administering your grant. The approved project costs total to $50,736.00. The Federal share is 80 percent or $40,589.00 of the approved amount and your share of the costs is 20 percent or $10,147.00. As part of your award package, you will find Grant Agrees, -.ant Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your grant award. Maintain a copy of these documents for your official file. You establish acceptance of the grant and Grant Agreement Articles when you request and receive any of the Federal grant funds awarded to you. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from FEMA. If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the awards process or how to request your grant funds, please call the helpdesk at 1-866-274-0960. Elizabeth M. Harman Assistant Administrator Grant Programs Directorate https://escrvices.fema.gov/FemaFireGrantlfiregrantJjsp/fire_admin/awards/spec/view_awar... 2/ 16/2011 rage 3 01 0 Agreement Articles FEMA U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program GRANTEE: City of National City Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2010-FO-03442 AMENDMENT NUMBER: TABLE OF CONTENTS Article 1 Project Description Article II Grantee Concurrence Article I11 Period of Performance Article IV Amount Awarded Article V Financial Guidelines Article VI Prohibition on Using Federal Funds Article VII GPD Allocations Article VIII Financial Reporting Article IX FEMA Officials Article I - Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, FEMA has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application - including budget information - is consistent with the program's purpose and worthy of award. Therefore, the grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application's narrative. These sections of the application are made a part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval from FEMA. Article II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant, grantees agree that they will use the funds provided through the Fiscal Year 2010 Assistance to Firefighters Grant Program in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2010 Assistance to Firefighters Grant program guidance. All documents submitted as part of the application are made a part of this agreement by reference. https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar... 2/ 16/2011 14111,1Yllr YY ragc 4+ tit o Article III - Period of Performance The period of performance shall be from 17-JAN-11 to 16-JAN-12. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for the Award attached to these articles. Following are the budgeted estimates for each object class of this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $50,736.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $50,736.00 NEGOTIATION COMMENTS IF APPLICABLE (max 400o characters) Article V - Financial Guidelines The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to FEMA grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (OMB Circular A-110) B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Nonprofit Organizations (OMB Circular A-122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations Article VI - Prohibition on Using Federal Funds https ://eservices. fema.gov/FemaFireGrant/firegrant/j sp/fire_adm in/awards/spec/view_awar... 2/ 16/2011 rage or cj Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. Article VII - GPD Allocations The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Assistance to Firefighters Grant Program guidance and application kit. Article VIII - Financial Reporting Recipients of any AFG grants will be required to submit a emi-annual Federal Financial Report (FFR) via the automated system on the Standard Form 425. The FFR is intended to provide Federal agencies and grant recipients with a standard format and consistent reporting requirements throughout the government. The FFR, to be submitted using the online e-grant system, will be due semi-annually based on the calendar year beginning with the period after the award is made. Grant recipients will be required to submit a FFR throughout the entire period of performance of the grant. The reporting periods for the FFR are January 1 through June 30 (Report due by July 31), and July 1 through December 31 (Report due by January 30). At the end of the grant's period of performance, all grantees are required to produce a final report on how the grant funding was used and the benefits realized from the award. Grantees must submit a final financial report and a final performance report within 90 days after the end of the period of performance. Article IX - FEMA Officials Program Officer: Catherine Patterson is the Program Officer for the Assistance to Firefighters Grant Program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant applicatic Grants Assistance Officer: Jane Early is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Division POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. 1/1 https://esery ices. fema.gov/FernaFireGrant/firegrantlj sp/fire_admin/awards/spec/view_awar... 2/ 16/201 1 la. AGREEMENT NO. EMW-2010-FO-03442 6. RECIPIENT NAME AND ADDRESS City of National City Fire Department 343 E 16th Street National City California, 91950-4596 9. NAME OF RECIPIENT PROJECT OFFICER Walter Amedee 11. EFFECTIVE DATE OF THIS ACTION 17-JAN-11 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. NO. 95-6000749 0 7. ISSUING OFFICE AND ADDRESS Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-7000 POC: Jane Early PHONE NO. 6193364550 4. TYPE OF ACTION W494324N AWARD 8. PAYMENT OFFICE AND ADDRESS FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 10. NAME OF PROJECT COORDINATOR Catherine Patterson 12. METHOD OF 13. ASSISTANCE ARRANGEMENT PAYMENT Cost Sharing SF-270 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM NAME CFDA NO. ACRONYM ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXX XX-XXXX X- XXXX-XXXX-X AFG 97.044 2011-MO-3120GF-25000000- 4101-D PRIOR TOTAL AWARD 5. CONTROL NO. PHONE NO. 1-866-274-0960 14. PERFORMANCE PERIOD From:17-JAN- To:16-JAN-12 11 Budget Period From:29-OCT To:30-SEP-11 10 AMOUNT CURRENT AWARDED THIS TOTAL AWARD ACTION +OR (-) $0.00 $40,589.00 $40,589.00 TOTALS $0.00 $40,589.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A $40,589.00 CUMMULATIVE NON- FEDERAL COMMITMENT $10,147.00 S10,147.00 16a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject 10 terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Jane Early DATE N/A DATE 08-JAN-11 https://eservices.Tema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_ away... 2/16/2011 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $40,589 FROM THE FY2010 ASSISTANCE TO FIREFIGHTERS GRANT, AND AUTHORIZING EXISTING MATCHING FUNDS IN THE NATIONAL CITY FIRE DEPARTMENT'S BUDGET IN THE AMOUNT OF $10,147 TO JOIN THE SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER FOR WELLNESS PROGRAM SERVICES WHEREAS, the Federal Department of Homeland Security has awarded an Assistance to Firefighters Grant to the City of National City in the amount of $40,589 (80%) that will be used to join the San Diego Sports Medicine and Family Health Center for Wellness Program; and WHEREAS, the City is required to allocate $10,147 or a 20% match to receive the funding, bringing the total amount of the Program to $50,736; and WHEREAS, by participating in the San Diego Sports Medicine and Family Health Center for Wellness Program, National City firefighters will receive detailed annual medical/fitness evaluations and related follow-up, which will allow our firefighters to become more physically able to safely carry out their work responsibilities, reducing work -related injuries and costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of $40,589 from the Fiscal Year 2010 Assistance to Firefighters Grant with matching City funds from the National City Fire Department's budget in the amount of $10,147 to join the San Diego Sports Medicine and Family Health Center for Wellness Program. PASSED and ADOPTED this 1st day of March, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney C:I I Y ur NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 11 'TEM TITLE: solution of the City Council of the City of National City waiving the bid process and authorizing the Mayor to execute an agreement with Tritech Software Systems in the not to exceed amount of $199,854.92 to procure, replace, and configure all police department computer aided dispatch (CAD) associated hardware and software. PREPARED BY: Dave Noteware DEPARTMENT: POLICE PHONE: 619-336-4509 APPROVED BY: EXPLANATION: The CAD system and associated hardware and software are an integral and necessary part of the police communications and data recording system. The system is necessary to provide law enforcement services to the residents of National City consistent with industry standards while providing a high level of officer safety, tracking and recording and data retrieval means and methods. The CAD and related hardware and software are in use on a constant basis with a limited redundant system in place. Optimal performance and reliability are critical to maintaining the integrity of police dispatch capabilities. The current six (6) CAD workstations and Stratus server have been in operation twice as long as the expected life cycle of 3-4 years. TriTech is the National City Police Department's sole provider of police dispatching software. National City Municipal Code 2.60.220 allows for the waiving of bidding requirements when the commodity or service to be procured is required to integrate with or be compatible with existing furnishings, materials, systems, programs or equipment and the procurement can be timely made from a manufacturer or supplier who has previously satisfactorily supplied the particular commodity or service or when the commodity can be obtained from only one source and there is no adequate substitute. FINANCIAL STATEMENT: ACCOUNT NO. 629-403-082-5020000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED APPROVED: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Contract ement of Work and hardware listing AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TRITECH SOFTWARE SYSTEMS THIS AGREEMENT is entered into this 8th day of February, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TRITECH SOFTWARE SYSTEMS (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to procure, replace, install and configure all CAD associated hardware and software for the City of National City Police Department. WHEREAS, the CITY has determined that the CONTRACTOR is the CAD Vendor for the City's Police Department -CAD system and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR shall procure, configure and install hardware, Third Party Software and Tritech Software and services using the components and equipment listed in the attached Exhibit "A". The Project shall be designed for and installed in the City -owned facilities at 1200 National City Boulevard. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the items to be provided by the CONTRACTOR under this Agreement as stated in Exhibit "A". Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Dave Noteware hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR has assigned Barbara Self as the Project Manager who will have overall' responsibility for the progress and execution of this Agreement for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on Project Payment terms of Exhibit "A" for payment for actual delivery of hardware and Third Party software, Tritech Software and services, and actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit " A "shall not exceed the schedule given in Exhibit " A " ($199,854.92) without prior written authorization from the City Project Coordinator. Payment shall be made as set forth in Exhibit "A", and invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office upon prior notice, during CONTRACTORS normal business hours during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. The project implementation period is from February 8th, 2011, to August 31st, 2011. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Excluding CONTRACTOR's or a third party intellectual property, the Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. All right and title to CONTRACTOR'S or a third party's intellectual property provided hereunder shall remain with the CONTRACTOR or applicable third party. The CONTRACTOR agrees that the CITY may use, reuse, reproduce, the CONTRACTOR's written work product for the CITY's internal use only, provided that all copyright or trademark notices on the original are included on such copies. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, 2 City's Standard Agreement — June 2008 revision benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. 3 City's Standard Agreement - June 2008 revision C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. CONTRACTOR is the sole source for CONTRACTOR'S software and services. Stratus products are available only through Stratus authorized resellers. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. Either party may from time to time communicate to the other party certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. Both parties shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the other party. Both parties shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the receiving party, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the receiving party without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the receiving party 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. Each Party shall use at least the same degree of care to protect the confidential information of the other party as it employs to protect its own confidential information. If confidential information is required to be disclosed by a receiving party pursuant to a requirement of a governmental agency or disclose of which is required by law, the receiving party shall provide prior notice to the disclosing party before making such disclosure. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorney's fees, and defense costs, or any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting or arising out of the CONTRACTOR's negligent performance of this Agreement. The total liability for CONTRACTOR for any claim or damage arising from or otherwise relating to this Agreement, whether in contract, tor, by way of indemnification or under statute shall be limited to direct damages as determined by the Court. IN NO EVENT SHALL CONTRACTOR OR ITS SUBCONTRACTORS BE LIABLE WHETHER IN CONTRACT OR IN TORT FOR LOST SAVINGS, LOST DATA, LOST OR DAMAGED SOFTWARE RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER CONTRACTOR HAS NOTICE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers; so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insured's, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years 5 City's Standard Agreement — June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including reasonable attorneys' fees. Jurisdiction is Federal or Superior Court, County of San Diego. 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. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day's written notice to the CONTRACTOR. During said 30-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the 6 City's Standard Agreement— June 2008 revision CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. This clause shall not apply to CONTRACTOR'S or its subcontractor's or vendor's intellectual property the right and title to which shall remain with CONTRACTOR or the applicable subcontractor or vendor. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. F. CONTRACTOR may terminate this agreement upon (30) days written notice to the CITY if the CITY is in material breach of any of the terms herein. G. In the event of termination, Contractor shall be entitled to payment of all fees and expenses earned up to the date of such termination. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Dave Noteware Police IT/Support Services Manager City of National City 1200 National City Boulevard National City, CA 91950-4302 To CONTRACTOR: Chris Maloney, President and CEO TRITECH SOFTWARE SYSTEMS 9860 Mesa Rim Road San Diego, Ca. 92121 7 City's Standard Agreement — June 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. LI If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 8 City's Standard Agreement — June 2008 revision F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. L. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. M. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 9 City s Standard Agreement — June 2008 revision CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Silva City Attorney TRT= ,,; SOF ARE SYSTEMS sign. re of corporate officer) By: (Na Christopher D. Mahoney President and CEO By: G 10 Blake Clark Chief Financial Officer City's Standard Agreement — June 2008 revision ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIWYY) 12/06/2010 08:01 PRODUCER INSURED Barney & Barney LLC CA Insurance Lic: 0003950 9171 Towne Centre Drive, Suite 500 San Diego, CA 92122 858-457-3414 TriTech Holdings, Inc., A Delaware Corporation Et Al (See Attached) 9860 Mesa Rim Road San Diego, CA 92121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Hartford Casualty Insurance Company NAIC # 29424 INSURER B: Hartford Insurance Company of the Midwes 37478 INSURER CIFirst Specialty Insurance Corporation 34916 INSURER D: AXIS Surplus Insurance Company 26620 INSURER E. RSUI Indemnity Company 22314 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' INSR.. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDr(Y) POLICY EXPIRATION DATE(MMIDD/YY) - - LIMITS C X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1RG57198 5/1/2010 5/1/2011 EACH OCCURRENCE $ I,000,000 X DAMAGE I O RENTED PREMISES (Ea oocurence) $ 100 000 CLAIMS MADE I X I OCCUR MEO EXP (Any one person) $ EXCLUDED x GEN'L SI ,000 Retention PERSONAL & ADV INJURY $ I,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG S 2,000,000 A AUTOMOBILE X _ LIABILITY ANY AUTO 72MCPJ08268MA 5/1/2010BODILY 5/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 INJURY Per ( person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ NHA225900 5/1/2010 5/1/2011 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS be 72WEIX2071 5/1/2010 5/1/2011 X TWC ORY LIMITS DER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ODO 000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER TechnologyF. & 0 LiabilityECN00002647100I Claims Made Policy 5/1/2010 5/1/2011 Tritech Software Sys. Retro Date 10-20-98 Voyager yag Systems Retie Date 12-31-03 $2,000,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Information Management Corporation Retro Date: 12-15-05; TriTech Holdings, Inc. Retro Date: 11-2-07. Certificate holder is additional insured per attached policy form. CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jennifer Myers ACORD 25 (2001/08) Client # 45335 Mst # 14417 Cert# 311699 Subject: ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Insured: TriTech Holdings, Inc., A Delaware Corporation Master # 14417 Cert # 311699 Attachment Page L Named Insured ScheduleL L TriTech Holdings, Inc., A Delaware CorporationL TriTech Software Systems, a Califomia CorporationL Information Management Corporation'. Ortivus, Inc.L TriTech Emergency Medical Systems Canada ULCL TriTech Emergency Medical Systems, Inc.L TriTech Delaware, LLC INSURED: TriTech Holdings, Inc., A Delaware Corporation POLICY #: IRG57198 COMPANY: First Specialty Insurance Corporation POLICY PERIOD: 5/1/2010 EFFECTIVE DATE: TO 5/1/2011 COMMERCIAL GENERAL LUABIUTY CO20330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to Include as an additional insured any person or or- ganization for whom you are performing opera- tion: when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization Is an additional insured only with re- spect to liability for 'bodily Injury', .prosy dam- age or 'personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional Insured under this endorsement ends when your operations for that additional insured are completed. CG20330T04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This Insurance does not apply to: 1. 'Bodily Injuy, 'property damage or 'personal and advertising injury arising out of the rendering of, or the falure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or taling to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. 'Bodily Injury or 'property damage occurring after: a. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the adder in- sureds) at the location of the covered operations has been completed; or b. That portion of *your work' out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcon- tractor engaged in peform*g operations for a principal as a part of the same project. ® ISO Properties, Inc., 2004 Page 1 of 1 E3 Quotation Date: 12.28.10 TRiTECH Proposal/Sales Quotation Quotation # 2016KS-07 eral & Client Information Client Name: _ National Cfty Police Department Billto: System Description: ( Tech Refresh City of National City Sales Order# TBD 1243 National City Blvd Client Purchase Order # National City, CA 91950-4570 Client Purchase Order Date' Client Contact: Dave Noteware Contact Contact Phone: 619.336.4509 Ship to: Email Address: dnoteware@ci.nationalecity.ca.us Same Credit Terms: Net 30 days from date of invoice Client Account Manager: Ken Schulte Project Manager TBD Project Products & Services aty Sales Category It Description U. Prtee aty'Unf $ Extended Price S - S 1 CAD Archive & Reporting Server License (Purging) $ 18,500.00 $ 18,500.00 $ 18,500.00 1 CAD SOP Module License $ 7,500.00 $ 7,500.00 $ 7,500.00 $ - $ t HW/3rd Pty SW Stratus 114500 Database Server $ 29,900.00 $ 29,900.00 § 29,900.00 1 HW/3rd Ply SW Stratus Services for ftserver Installation $ 3,850.00 $ 3,850.00 $ 3,850.00 1 Support HW/3rd Pty Tr-1 Stratus Assured Avalablity Plus Server Support $ 9,795.00 $ 9,795.00 $ 9,795.00 1 HW/3rd Pry SW VisiNel Web Services HP ProLiant DL360 G6 Server $ 4,622.00 $ 4,622.00 S 4,622.00 1 HW/3rd Ply SW VisiNet Web Services HP Care Pack 24x7 Server Support $ 1,840.00 $ 1,840.00 $ 1,840.00 1 HW/3rd Pry SW VisiNet Archive & Reporting HP ProLlant DL180 G6 Server $ 8,128.00 $ 8,128.00 $ 8,128.00 1 1 HW/3rd Pty SW VisiNet Archive & Reporting HP Care Pack 24x7 Server Support $ 1,525.00 S 1,525.00 $ 1.525.00 HW/3rd Ply SW VisiNet Interface HP ProLiant DL360 G6 Server $ 4,622.00 $ 4,622.00 S 4,622.00 1 HWl3rtl Pty SW VisiNet kterface HP Care Pack 24x7 Server Support $ 1,840.00 $ 1,840.00 _ $ 1,840.00 1 1 HW/3rd Pty SW HP StorageWorks Ultrium 920 Tape Drive - LTO Ultrium SAS $ 2,065.00 $ 2,055.00 $ 2,065.00 HW/3rd Pty SW 3U SAS Rack Mounting KB $ 615.00 3 615.00 $ 615.00 1 5 1 HWl3rd Pty SW Host Bus Adapter - Storage Controller - SATA-300/SAS.PCI $ 245.00 $ 245.00 $ 245.00 HW/3rd Pty SW HP Uhrium 960 LTO-3 4001800 GB Rewritable Data Cartridge $ 45.00 i $ 225.00 $ 225.00 4 HW/3rd Pty SW VisiNet 2 Monitor Workstation 4GB of RAM HP Compaq 8000 w/ HP 1- Compaq LA1951G 19" LCD Display $ 2,455.00 $ 9,820.00 _ $ 9,820.00 2 HW/3rd Pty SW VisiNet 1 Monitor Workstation 4 GB 0f RAM HP Compaq 8000 w/ HP Compaq LA19516 19" LCD Display $ 1,935.00 S 3,870.00 $ 3,870.00 HW/3rd Pty SW Windows Server Enterprise Gov Software Assurance (only) $ 1,085.00 $ 1,085.00 S 1,085.00 HW/3rd Pty SW Windows Server 2008 Enterprise Gov w/Software Assurance $ 3,245.00 $ 3,245.00 $ 3,245.00 HW/3rd Pty SW Windows Server 2008 Standard Gov w/Software Assurance $ 991.00 $ 991.00 $ 991.00 HW/3rd Pty SW Windows Server 2008 Web Edition Gov w/Software Assurance $ 555.00 $ 555.00 $ 555.00 6 HW/3rd Ply SW Windows Server Gov CAL Device wfSoftware Assurance $ 41.00 $ 246.00 $ 246.00 2 1 HW/3rd Pty SW SQL Server 2008 Standard Per Processor Gov w/ Soft Assurance S 11,145.00 $ 22,290.00 $ 22,290.00 HW/3rd Pty SW Symantec Backup Exec for Windows 12.5 $ 865.00 $ 865.OD $ 865.00 1 HW/3rd Pty SW Symantec Backup Exec Remote Agent for Windows 12.5 $ 520.00 $ 520.00 $ 520.00 $ - $ 1 Services Database Server Rehost S 2,800.00 S 2,800.00 $ 2,800.00 i Services Web Services Server Rehost $ 2,100.00 $ 2,100.00 $ 2,100.00 1 Services Installation of Data Warehouse Server $ 2,100.00 $ 2,100.00 $ 2,100-00 3 Services Interlace Server Rehost (MCT, RMS & ANI-ALI) $ 675.00 1 2,625.00 $ 2,625.00 1 +I Services DBA Services $ 2,400.00 $ 2,400.00 $ 2,400.00 Services Project Management $ 8,750.00 $ 7,000.00 $ 7,000.00 1 Services System Engineering Services $ 2,000.00 $ 2,000.0D $ 2,000.00 1 Services Standard Add -On Mapping Conversion Services S 7,000.00 $ 7,000.00 $ 7,000.00 1 Services VisiNet User Training Course $ 5,600.00 $ 5,600.00 E 5,600.00 1 Other Unanticipated Project Maintenance & Training Costs $ 14,000.00 $ 14,000.00 $ 14,000.00 t Other Travel Costs $ 250.00 $ 250.00 $ 250.00 1 Other Server, Monitor & Workstation Shipping $ 1,250.00 $ 1,250.00 _ $ 1,250.00 $ - $ t Support One Year TriTech Support & Maintenance $ 5,720.00 $ 5,720.00 $ 5,720 00 $ - $ Total: $ 193,604.00 Pro'ect Summa & Totals .TriTech CAD Software 26,000.00 TriTech Interface Software - - TriTech Mobile Software - _ TriTech RMS Software_- TriTechCustomSW Hardware & 3rd Party Software 102,964.00 Support Hardware & 3rd Party Software 9,795.00 Subcontract T TrITech Services T 33,625.00 TriTech Annual Support & Maintenance 5,720.00 Other 15,500.00 Subtotal: S 193,604.00 Estimated Sales Tax (State: at %) Taxable sales: 64,112.OD1Sales tax rate: i 9.75% 7$ 6,250.92 Estimated Shipping $ Total: $ 199 854.92 i TriTech Software Systems 9860 Mesa Rim Rd, SD. CA 92121 858-799-7000 Confidential and Proprietary Page 1 of 3 Quotation Date: 12.28.10 TRrrECH Quotation Proposal/Sales Quotation # 2016KS-07 Project Payment Terms: Net 30 days from date of invoice 100% of Hardware/Third Party Software & Support Due on Order $ 112,759.00 100% CA Stele Sales Tax Due on Order _ $ 6,250.92 50% of TT Software & Services Due on Delivery of Hardware $ 40,422.50 50 % of TT Software & Services Due on Installation of Stratus Server —j $ 40,422.50 Total Payments: $ 199,854.92 TnTech Software System 9860 Mcea Rim Rd, SD CA 92121 856-79B-7000 CwrfidenAat and Rvvriatwy Page 2 0l3 TRiTEGI--1 tat:t rwnr Proposal/Sales Quotation Quotation # 2016KS-04 Quotation Date: 12/212010 Summary Information & Project Notes An TT configuration services be during will performed normal TT business hears and remotlay hole the corporate office. VisiCAD training is a four day class win a total o110 persons can attend the class. In addition. the training will take National City. Workslal Send Purchase Orders b: place at ion installation will be performed by National City. TriTech Software Systems Attn: K.Beckwtth FAX: 858.799-7015 salesaomi n{oltritech.com Remit Payments to: TriTech Software Systems Quotation Issued by: Ken Schulte _ PO Box ft 671392 Contact Info: 720 379 3900 Dallas, TX 75267.1392 Terms and Condition: This Quotation is valid for 60 (sixty) days and is subject to the terms of your TriTech System Purchase Agreement. Software Licenses. Add6onal TriTech Software licenses purchased hereunder will be licensed in accordance with the software licensing provisions in Exhibit D of the System Purchase Agreement between TriTech and Client, and support will be provided in accordance with the Software Support provisions therein. Applicable installation services will be conducted via remote access. Additional TriTech software licenses purchased under this Sales Order for Client's existing configuration will be deemed Accepted upon delivery. TriTech software licenses purchased for new TriTech Software modules; or Subsystems (e.g., addition of VisiNet Mobile, or VisiNet Law RMS) will be deemed Accepted upon Go Live. Acceptance criteria for the TriTech software components will be the following unless otherwise noted in a mutually authorized agreement or Statement of Work, The software will operate in conformity with the TriTech issued software documentation: (i) For VisiNet Command, Visit -et Law RMS, VisiNet Mobile, and VisiNet Browser, documentation will include the User Guide, Admin Guide and applicable release notes: (ii) Far Standard Interfaces, documentation will be the standard Interface Requirements Document (IRD); (iii) For custom applications and modules. the documentation will be the Operational Scenario Document (O5D) unless the requirements are defined in this Sales Order and no OSD will be developed. There is no Acceptance criteria for services. Stratus fSereers. Support for the Stratus ftServer purchased hereunder will be provided in accordance with the existing TriTech-Stratus Maintenance and Support Agreement between TriTech and Client. The quotation information is proprietary and may not be copied or released other than for the express purpose of selection and purchase/license- Any estimated sales Travel and out-of-pocket expenses will be invoiced as incurred, at actual cost, unless specifically itemized in the quotation. By signing below, you are indicating that you are authorized to obligate funds for your organization. To activate your order, check the appropriate box below and, either, ji) attach a copy of this quotation to your purchase order when it is remitted to TriTech, or, (u) if no additional authorizing paperwork Is required for your organization to accept and pay an invoice, sign below and fax this quotation to 858-799-7015 or email to salesadmin titritec!t-coin to indicate your acceptance. U Purchase Order required and attached, reference PO# on invoice U No Purchase Order required to invoice Please check one of the following: ❑ agree 10 pay any applicable sales tax. U I am tax exempt. Please contact me if TriTech does not have my current exempt information on file. Accepted for Client National City Pollee Department Client Agency/Entity Name Print Name Title Client Authorized Representative Signature Date Client Authorized Representative TriTech Sodwore Systems 9860 Mess Mint Nd, SD, CA 92121 958-790-7000 Con0denaat and Proprietary Page 3013 EXHIBIT A rrECH SLR -{WA E !Ys+ErgtB TnTedi Software SysLems Technology Refresh The City of National City Statement of Work Copyright © 2010 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. 1 EXHIBIT A Document Control Major Project Statement of Work Date Version Details/Changes Author 9/28/2010 V0.1 Draft NG Copyright © 2009 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential 2 EXHIBIT A Table of Contents Document Control Table of Contents 1 Overview 2 3 4 1.1 Statement of Work 4 1.2 General Client Responsibilities 4 1.3 Project Exclusions 5 1.4 Change Management Process 5 1.4.1 TriTech Responsibilities 5 1.4.2 Client Responsibilities 6 1.5 Task Completion Reports 6 1.5.1 TriTech Responsibilities 6 1.5.2 Client Responsibilities 6 2 Project Deliverables 7 2.1 Overview of Project Deliverables 7 2.1.1 Overview of Project Deliverables 7 2.1.2 System Installation and Re -host services 7 2.1.3 Client Responsibilities 8 2.1.4 Standard Mapping Conversion 8 2.1.5 VisiNet User Training Course 8 3 Hardware Procurement and Configuration Process 9 Copyright © 2010 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential 3 EXHIBIT A 1 Overview 1.1 Statement of Work In accordance with the terms and conditions of TriTech Software Systems (TriTech) System Purchase Agreement (the "Agreement"), this Statement of Work (SOW) defines the services and Deliverables that will be directly provided by TriTech Software Systems to the City of National City, hereinafter referred to as "Client". This SOW will be the controlling document for the "Project". 1.2 General Client Responsibilities In addition to those Client responsibilities stated elsewhere in this SOW, the Client is responsible for: a) Electrical facilities (e.g., outlets, generator and other electrical infrastructure facilities) required for this project, including necessary maintenance. b) Cabling (e.g., power, network, interface and other electrical and data transmission lines) required for this project, including necessary maintenance. c) Network/communications connections (e.g., LAN/WAN, commercial wireless, telephone, VPN, and other voice/data connections), or ongoing network/communications charges associated with installation, operation or support of the proposed system including the establishment and maintenance of security accounts. d) Configuration and/or programming of network routers, switches and bridges — this includes providing information to TriTech staff on any firewalls within the overall network that the system will operate and necessary port access for the system to operate in accordance with TriTech documentation. e) Unless specified as a defined service to be delivered by TriTech, the installation, configuration, maintenance (including patch management and upgrades of Microsoft software required by the System. f) Unless specified as a defined service to be delivered by TriTech, the installation of servers into racks and the connection of such servers to network switches. g) Unless specified as a defined service to be delivered by TriTech, the configuration of machine names and IP addresses for servers to be utilized by the System. This includes joining the servers to the network and the assignment of security accounts as specified by TriTech documentation. h) Any hardware and third party software necessary for implementing the system other than the hardware and third party software explicitly listed in the TriTech Contract. i) Third Party Systems that the Client operates and which will be interfaced with as a part of this project. The Client is responsible for maintaining and supporting these systems in good working order, and maintaining their support agreement with the third party vendors who will be engaged in, or have deliverables within this project, and their systems will interface with TriTech Software. Copyright O 2009 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential 4 EXHIBIT A j) The Client is responsible for managing the development by the third party vendor, which will be based on the TriTech's Standard Application Programming Interface (API) documentation. The Client is also responsible for any cost associated with the development, or configuration of the Vendor side of the Interfaces. k) Consoles, furniture or fixtures as well as any modifications to install equipment used for Systems or Subsystems specified by the Agreement into existing consoles, furniture, vehicles or existing facilities. Installation of Workstations into consoles, furniture, vehicles or like items, is the responsibility of the Client; I) The timely review and approval Acceptance Test Procedures (ATP), OSDs, IRDs, Task Completion Reports (TCR) and/or other project documentation as further defined in this SOW. 1.3 Project Exclusions Work, software, services, hardware, Systems, Subsystems, product/software modifications or any other deliverables not explicitly stated in the Agreement will not be included in the Project. The number and type of software licenses, products, or services provided by TriTech or its subcontractors are specifically listed in the Agreement and any reference within this document as well as Subcontractors' SOWs (if applicable) does not imply or convey a software, license, or services that are not explicitly listed in the Agreement. Changes in scope will only be executed through a mutually agreed upon Change Management Process, as described in the Project Management Plan. 1.4 Change Management Process The purpose of the Change Management Process is to manage any significant changes to the Project as described in this SOW or related documents as referenced within the SOW. These changes may include, but are not limited to a modification to Project scope, Standard or Custom products' functionality, TriTech and Client's identified roles and responsibilities, Project payment terms, and modifications to the scope or delivery location of services within the Project. All significant changes must be documented through the Change Management Process. The type of documentation needed will depend on the nature and significance of the change. Changes that do not affect Project effort or do not incur additional cost may only require a Change Control Document. Additional deliverables or Project deletions in terms of Software and services will require a mutually agreed upon Change Order. All work on this project will be performed during regular business hours, and remotely from TriTech's facility. Performing the work outside of normal business hours, or at the client site will require a Change Order, and will result in additional cost to the Client. Responsibilities related to this function 1.4.1 TnTech Responsibilities a) Change Orders will be prepared for submission to the Client when material changes to the SOW are required. Copyright © 2010 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United Slates. Confidential 5 EXHIBIT A b) Where Project changes require Engineering -level modifications, TriTech will perform requirements capture necessary to prepare required documentation including a HLEE or an OSD for Client review and approval. c) Where Project changes require Engineering -level modifications, Client will be informed of the delivery mechanism (version and schedule). 1.4.2 Client Responsibilities a) When applicable, the Client will identify the services or deliverables that will be subject to a Change Order, per the Agreement between both parties. b) When applicable, the Client will identify changes to features or functionality related to CAD, Mobile, Interface or any other Subsystem that will require a change order. This process may also include participation with the requirements process. c) Client will approve and process Change Orders as in a timely manner. 1.5 Task Completion Reports As part of the Project controlling process, upon completion of significant milestones and or tasks, TriTech will submit a Task Completion Report ("TCR") to the Client. The TCR serves as a formal tool for the purpose of verifying with the Client that work has been completed according to the requirements specified within the SOW and/or related documents. TCRs are presented to the Client by TriTech's Project Manager for signature. Some TCRs may trigger a Project payment, in accordance with the payment terms within the Agreement. Upon execution of a TCR that is tied to a Project payment milestone, the Client will receive an invoice from TriTech's accounting department which must be paid based on the terms and conditions of the Agreement. Responsibilities related to this function 1.5.1 TnTech Responsibilities a) TriTech will prepare and submit TCRs for Client's signature upon completion of the applicable task. 1.5.2 Client Responsibilities a) Client will process TCRs within a five (5) business day period from the time of receipt less any challenges to the validity of the report. b) In the event that Client disagrees with a TCR, Client shall submit to TriTech a written explanation detailing why the Client believes that the subject of the TCR and/or tasks have not been completed in accordance with the Agreement or this SOW. Such notification from the Client shall be provided to the TriTech Project Manager within five (5) business days of receipt of the TCR. Copyright 0 2009 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential L 6 EXHIBIT A 2 Project Deliverables 2.1 Overview of Project Deliverables The scope of the project includes, and is limited to the itmes that are explicitly listed on the Sales Order. If there are any differences between the scope as it is defined in this SOW and the Sales Order, the Sales Order shall govern. 2.1.1 Overview of Project Deliverables TriTech will procure and ship the hardware and third party software that has been listed on the Sales Order. The timeframe for the shipping of the hardware to the Client will be coordinated in advance. NOTE: All services within the scope of this project are one time services, and do not include performing the work in multiple environments. (for example in test/training and production) NOTE: The SQL software for all servers must be installed by TriTech. 2.1.2 System Installation and Re -host services A TriTech Installation Services Engineer will configure the Production VisiNet Command system servers remotely with all required software and associated configuration data. Prior to TriTech installation and configuration, the Client will perform all necessary site preparation in accordance with the System Planning document provided by TriTech and section 3 of this SOW. The schedule for performing the project tasks will be mutually discussed and agreed upon by TriTech and the Client's project teams. Responsibilities related to this task 2.1.2.1 TriTech Responsibilities a) Configure the System servers in the applicable environments based on the Sales Order. b) The system Installation and .Configuration will be performed based on TriTech's standard server configuration procedures, as described in section 3 of this SOW. c) Provide assistance to the Client with self -installation procedures for VisiNet Command workstations through the use of the TriTech provided Prerequisite Installation CD and applicable Launch configurations. d) After completion of the initial installation and configuration of System servers, a member of Technical Services team provides a technical hand-off to designated staff from the Client's Information Technology team via a conference call. The following major topics will be discussed during this technical hand-off: 1. Proper procedures for performing System Backups: • File Structure — Inclusions and exclusions • Databases • Moving Backups to media 2. Proper procedures for refreshing Test/Training system (and related documentation) Copyright © 2010 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential 7 EXHIBIT A 3. Approved configuration and use of Virus Scan software 4. Approved procedure for application of Windows updates 5. System Upgrade process and procedures 6. Support Website and TriTech list server access 7. Managing/Reviewing system logs (VisiNet Command, SQL and Event Logs) The information related to these topics is detailed in TriTech System Planning Document, TriTech Technical Advisories and other TriTech documentation. 2.1.3 Client Responsibilities a) Complete the site preparation in accordance with System Planning Guide. b) Allocate appropriate Project personnel to support configuration tasks as necessary c) Provide a contact for onsite assistance. e) Complete the configuration of VisiNet Command workstations through the use of the Prerequisite Installation CD and applicable Launch configurations. f) After completion of the initial installation and configuration of System servers the Client will be responsible for maintaining the System based on TriTech Platform Planning Document, and the technical hand-off from TriTech Technical Services department. Specifically, the Client's IT staff is responsible for following the processes for: 1. Performing System Backups 2. Refreshing Training System 3. Proper configuration and use of Virus Scans 4. Application of Windows updates 5. Following the procedures for System Upgrade 6. Managing/Reviewing system logs (VisiNet Command, SQL and Event Logs) NOTE: The scope of installation services and the number of servers and workstations to be installed and configured by TriTech is limited to the servers and workstations that have been explicitly listed in the Agreement. If the Client has been granted Site Licensing for selected TriTech Software, TriTech is only responsible for the initial installation services, and installation of additional servers will be subject to additional charges. NOTE: If not following the processes and procedures detailed in TriTech System Planning Document results in a need for reinstallation of the hardware or software, the effort will be performed at additional cost. 2.1.4 Standard Mapping Conversion The Client will be responsible for delivering the source mapping data to TriTech, in the requested format as specified in TriTech's GIS Overview document. TriTech will perform a GIS map conversion for the Client's VisiCAD Maps. 2.1.5 VisiNet User Training Course This course is a four (4) day class, and training days are a maximum of eight (8) hours in length. Prior to training, TriTech will hold a training orientation call with the Client to understand the objectives of this training. The training orientation should be held between the TriTech Training Manager and designated Client personnel. The TriTech Training Manager will Copyright © 2009 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential 8 EXHIBIT A tailor the training curriculum to include those business practices where applicable. Given that questions may arise for. specific agency procedures during the course of the training, it is advised that the Client haye a supervisor present at each training class. Ideally, this supervisor would have participated in part with the implementation process. Training classes will generally start on a Tuesday, and end on Friday subject to the Client's availability. The number of students attending the User Training course will be limited to ten (10) students per class. Training courses will be held at the Client's site. The Client is responsible for providing adequate training facilities, including a conference room with adequate space and seating/conference table space, white board, projector, and computer projector (capable of 1024x768 resolution). Prerequisites: Completion of a Microsoft Windows Tutorial (this may be waived upon demonstrated ability to work with Windows), typing skills of a minimum of 25 words/minute and Dispatcher and/or Call -Taker experience. 3 Hardware Procurement and Configuration Process The procedure for procuring, configuring and installing hardware and Third Party Software will vary depending upon 1) the party responsible for procuring hardware/Third Party Software (TriTech or Client); 2) the hardware vendor; and 3) the services procured through the Agreement. The TriTech PM will review installation options with the Client. For new installations, this planning will generally be completed during contract negotiations. 1. Procedure if TriTech orders hardware and third party software: a. TriTech Configuration Services documentation will be completed prior to ordering hardware. b. If ordering HP/Compaq servers - TriTech will order the server hardware from the supplier with 1) the servers fully configured with memory and disks; 2) with Windows loaded; 3) with disk drives partitioned and the applicable Raid level implemented; and 4) with the computer name and IP address assigned. c. If ordering Dell servers - TriTech will order the server hardware from the supplier with 1) the servers fully configured with memory and disks; 2) with Windows loaded; 3) with disc drives partitioned and the applicable Raid level implemented; and 4) with the IP address assigned. i. Since Dell will not assign the machine names, the Client will assign machine names for Dell servers once they arrive at the Client site. d. For Stratus servers, TriTech will order the server hardware from the supplier fully assembled, including the following services to be performed prior to shipment or on -site: 1) the servers fully configured with memory and disks; 2) with Windows loaded; 3) with disk drives partitioned and the applicable RAID level implemented; and 4) with the computer name and IP address assigned. Copyright © 2010 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential 9 EXHIBIT A e. TriTech will ship the servers to the Client. The Client shall keep all Stratus servers in their original boxes until Stratus personnel arrive on -site and perform installation of the servers. f. The Client shall prepare rack space for the servers, a phone line, and network cables for joining the server to the network. g. Stratus personnel will install the Stratus servers into racks and join them to the network at Client site. h. Stratus will test the health of the Servers and configurations of the drives, and proper functionality of the "Call Home" feature, if purchased through the Agreement. At that point the servers will be ready for installation of TriTech applications which will be performed remotely by TriTech Information Systems resources. 2. Procedure if the Client orders hardware and third party software: a. TriTech Configuration Services documentation will be completed after the client has ordered the hardware. b. The Client will be responsible for procuring the server hardware. The Client will be responsible for the following steps: i. Fully configuring the servers with memory and disks; ii. Loading Windows; iii. Partitioning disk drives partitioned and the implementing applicable Raid level based upon TriTech documentation; iv. Assigning the computer name and IP address based upon TriTech documentation. c. There are two options for the installation of servers into racks: i. The client can install servers into racks. ii. For an additional fee, TriTech will contract with a technology company in the client's local area to install servers into racks. d. The client will join the servers to their network and assign the appropriate permissions based upon TriTech documentation. 3. The TriTech PM will schedule a conference call with the IS Manager, assigned IS staff and the Client to review the proposed project. 4. A minimum of two (2) weeks prior to installation, a member of the IS team will verify connectivity to the Client site via VPN, connectivity to each of the plans servers and access to all required security accounts. 5. If the servers, accounts and connectivity are not ready, the IS Manager and TriTech PM will meet. In most cases, the project will be rescheduled and another project will be moved into is place on the schedule. Copyright O 2009 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential 10 EXHIBIT A 6. The Assigned Configuration Engineer will be provided with the Work Request form with all data needed to complete the work. 7. The Assigned Configuration Engineer will call the customer to advise work is being started. 8. The Assigned Configuration Engineer will update the PM, Manager, and customer (if requested) with the progress, on at least a daily basis. Copyright 6) 2010 TriTech Software Systems Unpublished: Rights reserved under the copyright law of the United States. Confidential EXHIBIT A 'T t T"'TEC.1-1 Proeosal/Sales Quotation Quotation # 12016K5-0T i -- - - - Quotation Date: 01.03.11 eneral & Client Information CFeM Name. National Ciry Police Department System Descrip0dn: Tech Refresh 8 8710. City National City Saks Order TBD of 1243 National City Blvd Client Purchase Order B CFeM Purchase Order Date - National City, CA 919504570 ---------------- ----------- - Client Contact: Dave Noteware contact Phone: 619.336,4509 Ship to: __Contact Email Address_ dnotewareiei.national-eity.ca.us Sarre Credit Terms: Net 30 days front tlate of invoice -_----------"-"--------- ' - CieMlwcount Manager Project Mawgerl Ken Schulte TBD Project ON Products & Services 6eks category ttern Oescriptkn tlse Rite Qty•Md $ ENended Prce $ , 1S 1 CAD Archive & Reporting Server Licenseffurging $ 18,500.00 S 18,500.00 {- ,5 S / 7,500.00 i CAD 1SOP Module License $ 7,500.00 $ 7,500.00 } 3 7,500.00 I $ 1 !Stratus HW3rd Pty SW !Stratus lt4500 Database Server 1 2985000 29,900.00 ___- 9A50.00 [-.$ 9,795.00 1 HW3rd Pry SW VisiNet Web Services HP Prelimnt 01360 G6 Server $ 4622.00!$ 4,622.00 1 _ HW3rd Ply SW !VisINet Web Services HP Care Pack 24x7 Server Support 1 1,84000l$ 1,140.00� __ _L$__ 4,622.00 - 1S 1,840.00 1 HW3rd Ply SW,YsiNel Archive& Reporting HP ProLiant DL160 G6 Server �S 8,128.00I _ 1 $ 8,128.00 HV83rd Pty SW IVisINeI Archive a Reporting HP Care Pack 24x7 Server Su ort -I $ 1,525.00'' 1 1,525.0D HW3rd1PP---- Pty SW Interface HP ProLianl DL360 G6 Server S 4,611.00 ': $ 4,622.00 LrS____6,128.00 I1,525.00 $ 1 'VisiNet HW3rtlPty SW VisiNet Interface HP Care Pack 2487 Serve rrSSupport S_ 1,840 S 4,622.00 1 HW3 d 9 s- W ; $ 1,840.00j Pry SYV HP Store eNbrk6 Ultnum 920 Ta Orlve-LTO Lithium SAS I i 206500 $ 2065.00 $ 1_840_00 _ __--_ -Es- �S 2,065A0 1 HW3rd Pty SW 13U SAS Rack Mounting Kit is 615 D0 $ 615A0 HW3rd Pty SW Host Bus Ada ter -Store Controller - Storage 245.00 j- 245.00 1HP I; 615.00 ---- r $ 245.DO 5 HW3rd Ply SW Ullrfum 960 LT0-3400/800 GB Rewritable Data Cartridge 1t 45A01S 225.00 $ 225.00 4 2 HW3rd Pty SW VisiNet 2 Monitor Workstation 4GB of RAM HP Compaq 8000 w/ HP I Compaq LA1951G 19" LCD Display--__-_, S_ _ 2455A0-t_ 9,820.00 HWJrd Pty SW VislNetl Monitor Workstation 4 GB of RAM HP Compaq 8000 wl HP - - --- - ICoopaq LA1951G 19" LCD Display I $ 1,935.00 , $ 3,870.00 �S I $ 9,620:00 '--'-'--r 1 S 3,870,00 1 HW3rd Pry SW IWndows Server Enterprise Gov Software Assurance one (only) $ 1245.00 $ 3,245.00 1 1 HW3rd Pty SW �WndoWs Sliver 2006 Enhrprise Gov WISo(IWare Assurance S I24500. $ I,SIS.00 H W3rtl t - - - _. Ply �Wntlows Server200/Standard Gov w/Software Assurance IS 99100;5 991.00 Ti-3,245.00 1 3,245.00 - --_ 991.00 $ I HW3rd fly SW !endows Server 2008 Web Edition Gov w/Software Assurance I$ 555.00 $ 555.00 1$ 555.00 I HW3rd Ply SW IVAndows Server Gov CAL Devicew,Software Assurance 1S 4100; $ 246.00 1$ 246.00 NW/3rd Ply SW !SOL Server 2008 Standard Per Processor Gov w/ Soh Assurance S 1114300; $ 2229000 IS 22,290.00 1 I 1 H1N3rd Ply SW Symsntec Backup Exec for endows 12.5 $ 86500' $ 865.00 HW3rtl Pty SW Symamee Backuy Exec Remote Agent for Windows 12.5 $ 520.00 5 520.00 I $ 865.00 j5 520.00 I ;S ,$ 1 - Services Database Server Rehost I2,800.00 0 00 8 2,100.00 $ 2,800.00 _ 1 $ Services _ IWob Services Server Rehost I 2100001 $ 2,100.00 i $ 1.. 3 _Sem rServices [Installation of Data Warehouse Server ---.-.___---. J --__ 210000_t_., 2100.00_ Services Jkrlerdace Server Rehost (MCT, RMS & ANLALI) 1; 875.00IS 2,625.00 2,100AO -- -__-- 1$ 2,100.00 1 Services IDEA Services j_$ 2,400.00, 2,400.0 Services ;Project Management $ 8,750.00 i $ 7,000.00 S 2,625.00 $ 2,400.00 $ 7,000.0D 1 Services I System Engineering Services I S 2,000.00' $ 2,000.00 $ $ 2,000.00 1 Services ISlandard Add.On Mapping Conversion Services S 7,000.00 i $ 7,000.00 S 7,000.00 1 Services IVIsiNet UPxr Trainin Course 5,600.00 1 Ocher Unanticl algid Project Maintenance & TrainingCosts S__f/60000 I S _74,000.00 Other Travel Costs �S 250 00 f 250.00� _-_--- I S 5,600.00 Other 'Server, Monitor / Workstation Shf in' $ 1,250.00 PP $ 125000 T't I S 1,250.00 1 l support One Year TriTech 9 rt 6 Maintenance - $ 5,720.00 $ 5220.00 Ls ' S 5,720.00 lt Project Summary .&. Totals Total: . TriTech CAD Software 1 S 193,604.00 26,000.00 TriTech Interface Software 1 - - - TriTech Mobile Software . - T - _ TriTsch RMS Software i TriTsch Custom SW Hardware & 3rd Party Software _ 102,964.00 Su rt Hardware 8. 3rd Party Software I I 9,795.00 Subcontract 1 'Misch Services I- ---- I 11I 5720.00 I issoo.00 Subtotal: $ 193,604.00 Estimated Saks Tax (State: at%) Taxable sales: J 84,112.00Sales tax rate: 9.75% [s 6,250.92 Estimated Shipping 1 Total: I $ 199,854.92 Td1ece Software Systems 9860 Mesa ram Rd, SO, CA 92121 858-I99-7000 commas; end Proprietary Page I o!3 -.> EXHIBIT A Quotation Dater 01.03.11 `!' Quotation e=1"11 Sr trx-r.�.r!Fc �l'�tEz.�F Proposal/Sales Quotation R 12016KS-07 Project Payment Terms: Net 30 days tram date of invoice 100%of HardwarefThlyd Pa So re & Su... Due on Order $ 112,755.00 1 100%CA State Sales Tax Due on Order I _ 5 6,250A2 _ _ __I- 50%of TT Software & Services Due on Delivery of Hardware I -1 1 $ 40,422.50 50%of TT Software & Services Due on Installation of Stratus Server ' S 40A3250 Total Paynents:1 $ 199,854.92 TriTecfi Software Systems 9660 Mesa Rim Rd. 50 GA 82121 859799-7000 Confidential end PropnMary Page 2 or 3 EXHIBIT A _---- Quotation Dater 01.03.11 Quotation r c --1 ProposallSaies Quotation # 20.16KS-07 mmary information & Project Notes IT configuration services will be pedomnd during normal TT business hours and raumotley from the corporate office. VIsICAD training Is a kw day class with a total a 10 persona can attend the close In addition, the training wig take place at National City. Workstation installation will be performed by National City. Send Purchase Orders to' TnTe.h Software Systems Atin: KBeckwith FAX: 856-799-7015 - salesadminttbitech.com Remit payments to: TriTech Software Systems Quotation Issued by: 'Ken Schulte PO Box R 671392 T Contact info: 720 379 3900 Dallas, TX 75267-1392 Terms and Conditions TOIs Quotation Is valid for 60 (slaty) days and is subject to the terms of your TriTech System Purchase Agreement. Software Licenses. Additonal TriTech Software licenses purchased hereunder will be licensed in accordance with the software licensing provisions in E,thibit D of the System Purchase Agreement between TriTech and Client, and support will be provided in accordance with the Software Support provisions therein. Applicable installation services will be conducted via remote access. Additional TriTech software licenses purchased under this Sates Order for Cbenrs exls5ng configuration will be deemed Accepted upon delivery. TriTech software licenses purchased for new TriTech Software modules, or Subsystems (e.g., addition of VisiNet Mobile, or VisiNet Law RMS) will be deemed Accepted upon Go Live. Acceptance criteria for the TriTech software components will be the following unless otherwise noted in a muNally authorized agreement or Statement of Work; The software will operate in conformity with the TriTech issued software documentation: (i) For VisiNet Command, VisiNet Law RMS, VisiNet Mobile, and VisiNet Browser, documentation wit include the User Guitle, Admin Guide and applicable release notes; (it) For Standard Interfaces, documentation will be the standard Interface Requirements Document (IRD); (iii) For custom applications and modules, the documentation will be the Operational Scenario Document (O5D) unless the requirements are defined in this Sales Order and no OSD will be developed. There is no Acceptance criteria for sevices. Stratus ftServers. Support for the Stratus ftServer purchased hereunder will be provided in accordance with the existing TriTech-Stratus Maintenance and Support Agreement between TriTech and Client The quotation information is proprietary and may not be copied or released other than for the express purpose of selection and purchasedicense. Any estimated sales andlor use tax has been calculated as of the date at quotation end is provided as a convenience for budgetary purposes. TriTech reserves the right to adjust and collect ' :s andfor use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly. then prior to invoicing, your organization must provide ech with a copy of a current tax exemption certificate issued by your states Wing authority for the given jurisdiction. „<.el and out-of-pocket expenses will be invoiced as incurred, at actual cost lades specihca0y itemized in the quo[a0on. By signing and, either, your organization agr,Fotance._ + LJ below, you are indicating that you are authorized to obligate funds for your organization. To activate your order, check (i) attach a copy of this quotation to your purchase order when R Is remitted to TriTech, or, (ii) If no additional authorizing to accept and pay an Invoice, sign below and fax this quotation to 858.799.7015 or emag to satesad.ndngtritech Purchase Order required and attached, reference POs on invoice • the appropriate box below paperwork is required for an to indicate your 0 No Purchase Orderrequiredto invoice 1 Please _Er check one of the following: I agree to pay any applicable sales tax f U 1 am lax exempt Please contact me if TriTech does not have my current exempt information on file. Accepted I I for Client National Oily Pollee Department Client AgencyfEntity Name _ �_ ' --_ IPdn2 Name~ Title Client Authorized Representative signature Client Authorized Representative I Date I i Trirech Software System 9860 Mesa Rim Rd, SD, CA 92121 859.199--7000 Confidwrtial and Proprietary Page 2 013 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DISPENSING WITH THE BID PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TRITECH SOFTWARE SYSTEMS, INC., IN THE NOT TO EXCEED AMOUNT OF $199,854.92 TO PROCURE. REPLACE AND CONFIGURE ALL POLICE DEPARTMENT COMPUTER AIDED DISPATCH (CAD) ASSOCIATED HARDWARE AND SOFTWARE WHEREAS, the Police Department's Computer Aided Dispatch System ("CAD") and associated hardware and software are an integral and necessary part of police communications and data recording system, which is necessary to provide law enforcement services to the residents of National City consistent with industry standards while providing a high level of officer safety tracking and recording, and data retrieval means and methods; and WHEREAS, the current six CAD workstations and Stratus server have been in operation twice as long as the expected life cycle of three to four years and is now in need of replacement to maintain optimal performance and reliability, which are critical to maintain the integrity of police dispatch capabilities; and WHEREAS, Tritech Software Systems engineers use their own proprietary software interfaces that integrate into the Police Department's Automated Field Report (AFR), Records Management System (RMS), Mobile Data Computer (MDC), and Justice Database query applications; 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with TriTech Software Systems, Inc., in the not -to -exceed amount of $199,854.92 for the sole source purchase to procure, replace and configure all Police Department Computer Aided Dispatch System (CAD) associated hardware and software. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011'. AGENDA ITEM NO.12 EM TITLE: Resolution of the City Council of the City of National City Waiving the Bid Process and Authorizing the Sole Source Purchase of (4) E Series ACLS Manual Defibrillators from Zoll Medical Corporation in the amount of $38,871.35 using Franchise Fee Funds from the American Medical Response Agreement. (FIRE) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4552 APPROVED BY: EXPLANATION: The Amendment (approved on June 20, 2006) to the Agreement with American Medical Response provides Franchise Fee monies for the purchase of equipment to be used exclusively for emergency medical services. The NCFD wishes to purchase E Series ACLS Manual Defibrillators because of the enhanced clinical capacity and continuity of care with transport agency. This new monitor works hand - in -hand with our existing Zoll Auto Pulse Non -Invasive Cardiac Support Pump. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of the Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Zoll Medical Corporation, since they are the sole source manufacturer of this equipment. FINANCIAL STATEMENT: ACCOUNT NO. 130-412-125-355-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: �' APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize the purchase of (4) ) E Series ACLS Manual Defibrillators from Zoll Medical Corporation in the amount of $38,707.50 using Franchise Fee Funds from the American Medical Response Agreement. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Quote Sole Source Letter 3. Resolution ZOLL. ): National City Fire 343 East 16th Street National City, CA 91950 Attn: Frank Parra GUIDELINES 2010 READY ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 83611 V:3 DATE: February 16, 2011 TERMS: Net 30 Days FOB: Shipping Point Prepay and Add FREIGHT: ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 1 80201730020124 014 Demo E Series ACLS Manual Defibrillator with 4 $20,296.00 $7,500.00 $30,000.00 * See-Thru CPR®, Real CPR Help®, Advisory capability, 12-lead with 1-step patient cable, Sp02 (comes with EtCO2 port), Integrated Bluetooth , NIBP with Adult -Plus cuff and hose and Noninvasive Pacing Includes: AC Power, Printer, Protocol Assist Code Markers and GPS Clock Auto Sync, TriMode Display, 3-lead ECG patient cable, universal cable, ready for one (1) SurePowerm. Rechargeable Lithium Ion Battery with built in AC Charger ordered separately, RS232 data transfer port, Expanded Carry Case and Rapid Cable Deployement System, AC power cord, 12" AC power extension cord, one package of recorder paper, two PCMCIA Card slots and Operator's Manual. Six (6) month EMS warranty 8778- 0104 1 Year Extended Warranty (at time of equipment sale) 4 $990.00 Included Included 1 b 80 00- 1 007- 01 1 Step Patient Cable for 12-lead ECG with limb leads and v leads (10 ft ) 4 $315.00 Included Included lc 8000- 0298 Sp02 LNCS Reusable 4ft Patient Cable 4 $160.00 Included Included 2 8000- 0294 Sp02 LNCS Adult Reusable Sensor (1 each) 4 $295.00 $206.50 $826.00 * 3 8000- 1006- 02 Limb Lead Patient Cable for 124ead ECG (7 ft) 4 $160.00 $112.00 $448.00 (his quote is made subject to ZOLL's standard commercial terms and conditions (ZOLL T's + C's) which accompany this quote. Any purchase order (P.O.) issued in response to this quotation will be deemed to Page 1 Subtotal $31,274.00 ncorporate ZOLL T's + C's. Any modification of the ZOLL T's + C's must be set forth or referenced in the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services govemed by this quote and the customer's P.O unless set forth in or referenced by either document. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4. PRICES QUOTED ARE VALID FOR 60 DAYS. 5. APPLICABLE TAX & FREIGHT CHARGES & ORDER PROCESSING FEE ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. PLEASE PROVIDE A COPY OF OR REFERENCE TO YOUR QUOTATION NUMBER WITH PURCHASE Page 1 Catherine Prophet Sr. EMS Account Executive 800-242-9150, x9571 ZOLL. TO: National City Fire 343 East 16th Street National City, CA 91950 Attn: Frank Parra GUIDELINES 2010 READY ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 83611 V:3 DATE: February 16, 2011 TERMS: Net 30 Days FOB: Shipping Point FREIGHT: prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 4 800 0- 03 67 E Series Only CAPNO 5 Sidestream LoFlo Module 4 $4,775.00 $3,342.50 $13,370.00 5 8 01 9- 0535- 01 SurePower" Rechargeable Lithium Ion Battery Pack 12 $475.00 $332.50 $3,990.00 " 6 8050-0030-01 SurePower"Charging Station 2 $2,275.00 $1,592.50 63,185.00 • 4 Charging bays - Multiple chemistry compatible • 200 watt capacity • Graphic driven user interface • RS-232 communication port • 1 year factory warranty 7 8000- 0370 CPR Connector 4 $265.00 No Charge No Charge 8 89 0 0 - 0 4 0 2 CPR statpadz HVP Multi -Function CPR Electrodes - 1 pair 4 $75.00 No Charge No Charge 9 7800- 0 31 4 LifePak 12 Blphasic w/Pacing 4 options and 12 LD 3 ($6,000.00) ($18,000.00) "' Trade -In Estimated Sales Tax 9.75% $5,052.35 This quote is made subject to ZOLL's standard commercial terms and conditions (ZOLL T's + C's) which Page 2 Subtotal $38,871.35 accompany this quote. Any purchase order (P.O.) Issued in response to thibe s quotation will deemed to incorporate ZOLL T's + C's. Any modification of the ZOLL T's + C's must be set forth or referenced In the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services govemed by this quote and the customer's P.O unless set forth in or referenced by either document. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4. PRICES QUOTED ARE VALID FOR 60 DAYS. 5. APPLICABLE TAX & FREIGHT CHARGES & ORDER PROCESSING FEE ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. 8. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 9. PLEASE PROVIDE A COPY OF OR REFERENCE TO YOUR QUOTATION NUMBER WITH PURCHASE Page 2 Catherine Prophet Sr. EMS Account Executive 800-242-9150, x9571 ZOLL D: National City Fire 343 East 16th Street National City, CA 91950 Attn: Frank Parra GUIDELINES 2010 READY ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626 QUOTATION 83611 V:3 DATE: February 16, 2011 TERMS: Net 30 Days FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE "Trade -In Value valid if all units purchased are in good operational and cosmetic condition, and include all standard accessories such as paddles, cables, etc. Customer assumes responsibility for shipping trade-in equipment to ZOLL Chelmsford within 60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis. *Reflects Discount Pricing. This quote is made subject to ZOLL's standard commercial terms and conditions (ZOLL T's + C's) which accompany this quote. Any purchase order (P.O.) Issued In response to this quotation will be deemed to TOTAL $38 871.35 incorporate ZOLL Ts + C's. Any modlflcation of the ZOLL Ts + C's must be set forth or referenced in the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customer's P.O unless set forth in or referenced by either document. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4. PRICES QUOTED ARE VALID FOR 60 DAYS. 5. APPLICABLE TAX & FREIGHT CHARGES & ORDER PROCESSING FEE ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. 4LL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. PLEASE PROVIDE A COPY OF OR REFERENCE TO YOUR QUOTATION NUMBER WITH PURCHASE Page 3 Catherine Prophet Sr. EMS Account Executive 800-242-9150, x9571 February 17, 2011 Frank Parra National City Fire 343 East 16t Street National City, CA 91950 Dear Mr. Parra: We appreciate your selection of ZOLL® products for National City Fire. This letter serves as confirmation that ZOLL® Medical Corporation at 269 Mill Road in Chelmsford, Massachusetts, is the sole manufacturer and source of Demo E Series® Defibrillators for the EMS Market. "LOLL® or Catherine Prophet, Senior EMS Account Executive, will not sell a Demo E Series® Defibrillator to National City Fire through any vendor or dealer. Should you have any questions or require additional_ information please contact me at 800-348-9011 x 9568. Sincerely, Elizabeth McCaughey Contracts & Bids Manager RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DISPENSING WITH THE BID PROCESS AND AUTHORIZING THE SOLE SOURCE PURCHASE OF FOUR E SERIES DEFIBRILLATORS FROM ZOLL MEDICAL CORPORATION IN THE AMOUNT OF $38,871.35 USING FRANCHISE FEE FUNDS FROM THE AMERICAN MEDICAL RESPONSE AGREEMENT WHEREAS, the June 20, 2006 Amendment to the Agreement with American Medical Response ("AMR") provides Franchise Fee monies for the purchase of equipment to be used exclusively for emergency medical services; and WHEREAS, the National City Fire Department desires to purchase four E Series Defibrillators because of the enhanced clinical capacity and continuity of care with AMR; and WHEREAS, Zoll Medical Corporation is the sole manufacturer and source of E Series Defibrillators for the EMS market; and WHEREAS, pursuant to Section 2.60.220(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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby dispenses with the bid process and authorizes the sole source purchase of four E Series Defibrillators in the amount of $38,871.35 using Franchise Fee Funds from the American Medical Response Agreement. PASSED and ADOPTED this 1st day of March, 2011. 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: March 1, 2011 AGENDA ITEM NO. 13 M TITLE: National City Sales Tax Update —Third Quarter 2010 PREPARED BY: Jeanette Ladrido, CPA PHONE: 619-336-4331' EXPLANATION: DEPARTMENT Fiance Department APPROVED BY: anette Ladrido, CPA Background Finance Director The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Newsletter Summary Sales tax for the Third quarter of 2010 showed an 3.9% increase in comparison to the same quarter last year. The City's transactions tax generated an additional $2,027,806, an 8.2% increase over the same quarter last year. Adjusted for aberrations, taxable sales for all of San Diego County increased 4.2% over the comparable time period, while the Southern California region as a whole was up 4.7%. The fears of a double -dip recession have diminished. However, in California, the growth in sales tax will be complicated by high unemployment, mortgage foreclosures and the fallout of the state's budget deficit. Attached is the National City Sales Tax Update for the third quarter sales of 2010. This newsletter is also available on the �itvrs website. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: )chment A - National City Sales Tax Update —Third Quarter 2010 Q National City In Brief eceipts from July through Sep- tember sales were 3.9% higher than the same period one year ago, but reporting aberrations skewed the data. Excluding anomalies, actual sales were up 1.6%, Electrical equipment results experi- enced a temporary jump due to one- time use tax collections. Service ,tation, department store, specialty store, women's apparel, family ap- parel, restaurant with beer/wine and electronics/appliance store groups showed increases; however, one - tin payment adjustments inflated th omen's apparel, electronics st and restaurant comparisons. Proposition 'D' receipts, up 8.2% after accounting adjustments were excluded, added another$2,027.806 to the city's sales and use tax total. ^, onetime payment aberration combined with business closeouts cut new motor vehicle dealer re- sults. Discount departments store, shoe store, used auto dealer, heavy industrial and lumber/building mate- rials classifications were also down. Temporary accounting adjustments reduced the heavy industrial drop. factoring out payment anoma- lie II of San Diego County was up 0o 4. , statewide sales grew 4.7%. C ALI*OPMIII ONAL city Sales Tax Update National City Fourth.Quarter- Receipts jiir Third Pliarter Sales (Jed -Sep 2010) SALES TAX BY MAJOR BUSINESS GROUP $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 so Autos and Transportation General Consumer Goods Restaurants and Hotels TOP 25 PRODUCERS In Alphabetical Order Arco AM PM Ball Honda Acura Mitsubishi & Suzuki Forever XXI Frank Motors Hanson Aggrgts Pcfc Sthwst Highland Arco In N Out Burgers JC Penney Macys McCune Motors Mossy Nissan National City Auto Center One Source Distributors Perry Ford Probuild Company Ross South Bay Volkswagen Suzuki Target Thrifty Gas Univar Value Cars Vintners Distributors Walmart Wescott Mazda Kia Westair Gases & Equipment : r Business and Industry Fuel and Service Stations al 3rd Quarter 2009 ■ 3rd Quarter 2010 Food Building and and Drugs Construction REVENUE COMPARISON Two Quarters — Fiscal Year To Date Point -of -Sale County Pool State Pool Gross Receipts Less Triple Flip* 2009-10 $5,178,334 571,007 5,133 $5,754,474 $(1,438,618) 2010.11 $5,45 1,289 645.659 3,890 $6,100,839 $(1,525,210) Gross Trans. Tax $3,797,100 $4,083,255 *Reimbursed from county compensation fund Published by The HdL Companies in Winter 2011 www.hdlcompanies.com 888.861.0220 COMPANIES ldL Q3 2010 National City Sales Tax Update Statewide Overview California's allocation of local Bradley - Burns revenues for sales occurring July through September were 4.7% higher than the third quarter of 2009 after ac- counting anomalies were factored out. Higher fuel prices and usage, business investment in new equipment and technology, and solid gains in some categories of consumer goods and res- taurants all contributed to the increase. Receipts from food, drugs, and con- struction materials were slightly lower than last year's comparison quarter as was the allocation from autos which spiked during the "cash for clunkers" program of a year ago. The Silicon Valley continues to lead the recovery with gains 21/2 times higher than for California as a whole. Coastal region sales are generally outperform- ing the inland areas. The Sales Tax Picture at Mid -Year The first two quarters of 2010-11 pro- duced statewide receipts that arc 4.2% higher than the first two quarters of 2009-10 after accounting aberrations are excluded. However, the year-to- date total is still 17.2°/i lower than the totals for the first two quarters of pre - recession 2006-07. Generally, prognostications for the remaining fiscal year are more upbeat than those of a few months ago and the fears of a double -dip recession have diminished. Stocks are at a two year high, preliminary data on fourth quarter business and consumer spend- ing is better than anticipated and the recent tax -cuts and extension of un- employment benefits is hoped to boost the nation's economy by $850 billion. In California, the growth in sales tax will be geographically uneven and tem- pered by high unemployment, mort- gage foreclosures and fallout from the state's budget deficit. Various segments of the sales tax base are projected as follows: Autos/Transportation- Industry sales reports were inflated by non-taxable fleet purchases earlier in the year but pent-up demand and easing credit are now producing solid consumer demand and new optimism. Posi- tive gains are cxpccted over the next few quarters but not at pre -recession growth rates. Building/Construction- Unsold inven- tories, new tax exemptions for energy projects and modest public spend- ing translate into flat or minimal tax growth for another year or more. Business/Industry- Leaner and flush with cash, businesses are investing heavily in new technology, software and equipment. Sales tax gains will be agency and industry specific and primarily from suppliers of technol- ogy and companies serving the health, mining, petroleum and food indus- tries. Food/Drugs- some price increases but competition will keep tax revenues from this segment generally flat. Fuel/Service Stations - Speculation on crude oil futures is resulting in price increases that are expected to continue to soar through spring. Consumer Goods- Stock market gains are reviving luxury buyers while "fru- gality fatigue" is setting in for the rest of us. Holiday spending was stronger than expected for apparel, sporting goods, small electronics, and home furnishings. Analysts are skeptical about sustainability but generally proj- ect statewide growth of 3.0% to 3 1/24/o. Restaurants/Hotels- Tourism and business travel is on the increase but price competition is expected to keep gains in sales tax revenue relatively modest. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 $o - Q3 07 National City Q3 Q3 Q3 08 09 10 a County California NATIONAL CITY TOP 15 BUSINESS TYPES Business Type New Motor Vehicle Dealers Restaurants No Alcohol Service Stations Discount Dept Stores Family Apparel Electrical Equipment Department Stores Women's Apparel Specialty Stores Used Automotive Dealers Heavy Industrial Electronics/Appliance Stores Lumber/Building Materials Restaurants Beer And Wine Shoe Stores Total All Accounts County & State Pool Allocation Gross Receipts National City County HdL State Q3 '10* Change Change Change $7300 -13.3% -1.5° -1.7% 214.7 -0.8% 3.5% 5.1% 197.2 7.4% 12.3% 12 1% 194.4 -9.1 % 5.4% 5.6% 145.9 12.1% 8.5% 7.8% 123.8 623.4% 0.8% 11.9% 1124 6.9% 3.8% 27% 81.4 9.4% -0.4% 2.8% 78.5 -1.1% -1.0% -2.2% 57 3 -6.9% 13.6% 9.3% 54.8 -3.9% 25.3% 13.1% 54,0 26.5% 6.2% 18.3% 53.9 -10 4% -4.4% -4.7% 44.9 53.5% -0.4% -0.9% 43.7 -10.7% -3.5% -3.1% $2,708.1 3.1% 3.6% 2.7% 325.1 11.0% $3,033.1 3.9% 'In thousands CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1st, 2011 AGENDA ITEM NO. p_4 M TITLE: Warrant Register #30 for the period of 01/19/11 through 01/25/11 in the amount of $1,792,673.19 PREPARED BY: K. Apalategui DEPARTMENT:: nce PHONE: 619-336-4331 APPROVED BY. EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/19/11 through 01/25/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation County of San Diego 240043 68,592.00 Principal/Interest 10-11 Debt services Koch Armstrong 240061 68,116.16 Storm drain Impv 10-11 Ohno Construction 240073 99,490.39 )lic Emp Ret System 240079 252,998.21 FINANCIAL STATEMENT: APPROVED ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Construction Improvements ,rvice Period 1-11-3 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,792,673.19 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rant Register #30 PAYEE CSMFO CITY OF SAN DIEGO GEOSYNTEC CONSULTANTS IGIS TECHNOLOGIES INC POWER PLUS ALL FRESH PRODUCTS ASCAP BONSUISSE INC BOYS & GIRLS CLUB BSN SPORTS CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA HIGHWAY ADOPTION CO CITY OF TUSTIN COMMUNITY YOUTH ATHLETIC CTR COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO, RCS VID REED LANDSCAPE ARCHITECT PARTMENT OF JUSTICE utPARTMENT OF JUSTICE D-MAX ENGINEERING DREW FORD FERGUSON ENTERPRISES INC FIRE ETC FIRE PREVENTION SERVICES INC FLEET SERVICES INC GALVAN GRAINGER GROSSMAN PSYCHOLOGICAL GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INC JONES KIWANIS CLUB OF NATIONAL CITY KOCH ARMSTRONG L1 IDENTITY SOLUTIONS L1 IDENTITY SOLUTIONS LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEXIS-NEXIS MAN K-9 INC. MORE DIRECT INC SSY NISSAN • CHAMBER OF COMMERCE NORTHERN PRODUCTS INC. NORTHROP GRUMMAN CORPORATION WARRANT REGISTER # 30 1/25/2011 DESCRIPTION OUTSTANDING FINANCIAL REPORTING ENTERPRISE ZONE ADMIN SERVICES ENVIRONMENTAL CONSULTING SVCS INTRO TO ARCGIS DESKTOP II / YOUNG EQUIPMENT RENTAL / REDEV FOOD FOR NUTRITION CENTER MEMBERSHIP - ACCT 500583991 DAIRY DELIVERY / NUTRITION 2011 ANNUAL DINNER TENNIS NET / COMMUNITY SVCS BREAD DELIVERY / NUTRITION CENTER MOP 45754 MATERIALS & SUPPLIES PARADISE CREEK EDU PARK LITTER CALPACS 2011 MEMBERSHIP RENEWAL REIMB/CHAMPS FOR LIFE DIVERSION SHARE OF PARKING CIT REV NOV 2010 PRINCIPAIJINTEREST FOR 10-11 DEBT SVC LANDSCAPE ARCHITECT FOR ART CENTER NEW EMP TEST RESULTS - NOV 2010 EMP TEST RESULTS - DEC 2010 ENGINEERING / ENVIRONMENTAL SERVICES 240047 MOP 49078 AUTO PARTS 240048 MOP 45723 PLUMBING MATERIALS 240049 SUPPLIES FOR FIRE DEPARTMENT ABATE PROPERTY MOP 67804 AUTO PARTS REFUND - STD/LTD DEDUCTION MOP 65179 ELECTRICAL MATERIAL OFFICER ASSIST PROG/JAN-MAR 2011 PRE-EMPLMNT PSYC EXAMS/KARPENSKE MEAT DELIVERY FOR NUT CENTER CIVIL ENGINEERING SERVICES FOR 8TH REIMBURSEMENT / MEALS - FIRE DEPT CLUB DUES / MEALS - SEP-NOV 2010 STORM DRAIN IMPROVEMENTS FY 10-11 NEW EMP TEST SUBMISSION-NOV 2010 NEW EMP TEST SUBMISSION -DEC 2010 MOP 45725 MATERIALS & SUPPLIES MEMBERSHIP DUES - 2011 LEXIS-NEXIS ONLINE LEGAL RESEARCH MAINTENANCE TRAINING K-9/POLICE HP LJ 2055DN 35PPM PRINTER LABOR TO REPAIR NISSAN TITAN/PD CHAMBER DINNER 10" YELLOW BATON LIGHTSTICK BASIC SOFTWARE MAINT SERVICES RMS 1/2 CHK NO DATE AMOUNT 240027 1/24/11 50.00 240028 1/25/11 48, 500.00 240029 1/25/11 5,185.69 240030 1/25/11 1,350.00 240031 1/25/11 195.00 240032 1/25/11 1,652.69 240033 1/25/11 615.00 240034 1/25/11 303.33 240035 1/25/11 200.00 240036 1/25/11 493.80 240037 1/25/11 288.00 240038 1/25/11 9.90 240039 1/25/11 864.00 240040 1/25/11 275.00 240041 1/25/11 2,500.00 240042 1/25/11 14, 864.94 240043 1/25/11 68, 592.00 240044 1/25/11 456.00 240045 1/25/11 1, 024.00 240046 1/25/11 358.00 1/25/11 23,746.57 1/25/11 979.10 1/25/11 247.54 240050 1/25/11 79.90 240051 1/25/11 1,288.00 240052 1/25/11 98.86 240053 1/25/11 19.57 240054 1/25/11 429.60 240055 1/25/11 1,737.50 240056 1/25/11 250.00 240057 1/25/11 1,304.21 240058 1/25/11 39,601.25 240059 1/25/11 134.99 240060 1/25/11 126.00 240061 1/25/11 68,116.16 240062 1/25/11 62.00 240063 1/25/11 20.00 240064 1/25/11 52.57 240065 1/25/11 16, 477.00 240066 1/25/11 427.38 240067 1/25/11 800.00 240068 1/25/11 1,475.43 240069 1/25/11 6,942.05 240070 1/25/11 3, 500.00 240071 1/25/11 223.00 240072 1/25/11 40,007.00 PAYEE OHNO CONSTRUCTION CO. OUT BACK MANUFACTURING PERRY FORD PORAC LEGAL DEFENSE FUND PRO BUILD PROJECT PROFESSIONALS CORP. PUBLIC EMP RETIREMENT SYSTEM RBF CONSULTING S D COUNTY VECTOR CNTRL PROGRAM SAN DIEGO HYDRAULICS SERGIO DE IA MORA SOUTHERN CALIFORNIA SOL & SPARKLETTS WATER STANDARD AUTO RECYCLING STAPLES ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO THE UNION TRIBUNE PUBLISHING U S BANK SERVICE CENTER VCA EMERGENCY ANIMAL HOSPITAL WEST PAYMENT CENTER WOOD & WOOD WOOD & WOOD AK & COMPANY COUNTY OF SAN DIEGO HDL COREN & CONE URBAN FUTURES THE BANK OF NEW YORK MELLON PAYROLL Pay period Start Date 2 12/28/2010 Special Payroll WARRANT REGISTER # 30 1/25/2011 DESCRIPTION CONSTRUCTION IMPROVEMENTS HELMET HEADSET / POLICE LABOR TO REPAIR V# 476 LEGAL DEFENSE FUND / RESERVES/PD MOP 45707 MATERIALS & SUPPLIES CDBG ADMINISTRATION SERVICE PERIOD 1-11-3 PROVIDE CIVIL ENGINEERING SERVICES VECTOR CONTROL PROGRAM 2010-11 TUBE ASSEMBLY WITH FITTING V#373 REFUND - BANNER ADMIN FEE CONCRETE IMPROVEMENTS MAT TESTING WATER DELIVERY / MYR OFFICE 15" STEEL WHEEL V# 458 MOP# 45704. OFFICE SUPPLIES/CITY ATNY PARKS DIVISION WATER BILLS FOR FISCAL CONSUMABLES / NUTRITION CENTER LEGAL NOTICES ADVERTISING FY 10/11 CREDIT CARD EXP - CM EMERGENCY ANIMAL CARE / POLICE CLEAR INVESTIGATIVE DATABASES/PD LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS PREP FY 09-10 ANNUAL CLAIMS MAIL PROCESSING SVC FOR FY10/11 2009-10 CARE STATISTICAL REPORTS FINANCIAL ADVISORY SERVICES HUD 108 LOAN - NC FIRE STATION End Date 1/10/2011 Check Date 1/19/2011 1/20/2011 CHK NO DATE AMOUNT 240073 1/25/11 99, 490.39 240074 1/25/11 513.96 240075 1/25/11 2,972.90 240076 1/25/11 180.00 240077 1/25/11 1,335.82 240078 1/25/11 3,626.00 240079 1/25/11 252,998.21 240080 1/25/11 13,104.67 240081 1/25/11 692.85 240082 1/25/11 56.19 240083 1/25/11 1,975.00 240084 1/25/11 2,400.50 240085 1/25/11 11.27 240086 1/25/11 54.38 240087 1/25/11 221.46 240088 1/25/11 3,549.44 240089 1/25/11 2,069.56 240090 1/25/11 810.40 240091 1/25/11 239.41 240092 1/25/11 85.01 240093 1/25/11 420.00 240094 1/25/11 9,858.45 240095 1/25/11 7,394.80 240096 1/25/11 3,300.00 240097 1/25/11 2,398.34 240098 1/25/11 990.00 240099 1/25/11 3,825.00 A/P Total 1/25/11 770,497.02 146,092.50 861,960.08 14,123.59 GRAND TOTAL $ 1,792,673.19 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. F ANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE I" OF MARCH 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1st, 2011 AGENDA ITEM NO. 15 EM TITLE: Warrant Register#31 for the period of 01/26/11 through 02/01/11 in the amount of $1,171,830.30 PREPARED BY: K. Apalategui DEPARTMENT nance PHONE: 619-336-4331 APPROVED B EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/26/11 through 02/01/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Ohno Construction 240216 50,122.44 Progress Payment Soccer Field FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVE APPROVED: " ti Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,171,830.30 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #31 PAYEE DAMASO GIL GENEVIEVE TORRES BOARD OF EQUALIZATION AGUIRRE DESROCHERS EHS LABORATORIES KANE BALLMER & BERKMAN OLIVERIA SDG&E 1800-RADIATOR ABCANA INDUSTRIES ACEC ACEDO ACTION TROPHIES & ENGRAVING ALL FRESH PRODUCTS ALL FRESH PRODUCTS ALLEN IERICAN MED SUPPLY IR ANDERSON ASSI SECURITY AT&T MOBILITY AT&T/MCI AT&T/MCI AT&T/MCI AUTO BEAUTY PRODUCTS BALLERINI COURT REPORTERS BARCLAYS LAW PUBLISHERS BARRETT ENGINEERED PUMPS INC. BCM CUSTOMER SERVICE BCM CUSTOMER SERVICE BECK BEST BEST & KRIEGER LLP BEST WINDOW TINTING, INC. BISHOP BLACK ROCK CONSTRUCTION CO. BLACKIE'S TROPHIES AND AWARDS BLUE PACIFIC ENGINEERING BONSUISSE INC BOOT WORLD BOYD BRENNTAG PACIFIC INC UILDING STANDARD COMMISION EXPRESS CALIFORNIA BAKING CO. CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY WARRANT REGISTER # 31 2/1/2011 DESCRIPTION SEC 8 HAP NORMA DE GALINDO SEC 8 HAP ARGELIA CARREON HAP 1/11 SALES TAX LIABILITY OCT-DEC 2010 HEADSET REPAIR / FIRE RETIREE HEALTH BENEFITS FEB'11 LEAD PAINT TESTING 2011 COMM REDEV LAW REIMBURSEMENT /1099 ENVELOPES GAS AND ELECTRIC UTILITIES / CDC 103030VP RADIATOR POOL CHEMICALS CEQA AND PLANNING LAW BOOKS RETIREE HEALTH BENEFITS FEB'11 ACCOUNTABILITY TAGS FOOD FOR NUTRITION CENTER FOOD FOR NUTRITION CENTER RETIREE HEALTH BENEFITS FEB'11 C.E.R.T. 2 ACTION RESPONSE UNIT TO RCCP PAYMENT FOR 4TH QUARTER RETIREE HEALTH BENEFITS FEB'11 CITY-WIDE CARD ACCESS PROJECT ATT SECURE WIRELESS CIRCUIT / PD TELECOMMUNICATIONS SERVICE FOR NC TELECOMMUNICATIONS SERVICE TELECOMMUNICATIONS SERVICE DRESSING/RED POLISH SOAP/WIPE OUT HEARING ON THE APPEAL TITLE 19, PUBLIC SAFETY, COMPLETE PUMP MAINTENANCE, REPAIRS BRIAN COX HVAC MAINTENANCE A/C UNIT PREVENTATIVE MAINTENANCE RETIREE HEALTH BENEFITS FEB'11 PERSONNEL ISSUES DEC 2010 WINDOW TINTING RETIREE HEALTH BENEFITS FEB'11 PROGRESS PAYMENT 3 - ART CENTER MOP 67727 NAME TAGS - FIRE PROGRESS PAYMENT - ART CENTER DAIRY DELIVERY FOR NUTRITION MOP 64096 WEARING APPAREL RETIREE HEALTH BENEFITS FEB'11 POOL CHEMICALS SPECIAL REVOLVING FUND COSTS CAL EXPRESS DELIVERY TO SW & CS BREAD DELIVERY FOR NUTRITION BREAD DELIVERY FOR NUTRITION MOP 45698 ELECTRICAL MATERIAL CHK NO 240100 240101 240102 240103 240104 240105 240106 240107 240108 240109 240110 240111 240112 240113 240114 240115 240116 240117 240118 240119 240120 240121 240122 240123 240124 240125 240126 240127 240128 240129 240130 240131 240132 240133 240134 240135 240136 240137 240138 240139 240140 240141 240142 240143 240144 240145 240146 DATE 1/27/11 1/27/11 1/31/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 2/1/11 1/4 AMOUNT 869.00 2,745.16 606.00 499.71 110.00 60.00 100.00 296.11 312.78 113.04 1,157.11 331.26 160.00 170.74 3,438.35 1,719.23 125.00 1,604.70 10,165.65 110.00 6,668.25 2,324.13 6,297.71 2,520.87 357.32 284.38 656.25 295.35 2,177.95 183.11 150.00 140.00 90.00 786.00 110.00 44, 206.65 107.66 16,934.63 561.92 125.00 145.00 818.33 568.00 72.90 144.00 72.00 522.82 PAYEE CALIFORNIA HIGHWAY ADOPTION CO CEB CHICK'S ELECTRIC MOTOR, INC. CLEAN HARBORS COMMERCIAL AQUATIC SERVICES CONDON CORPUZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO D MAX ENGINEERING INC D MAX ENGINEERING INC DAY WIRELESS SYSTEMS (20) DAY WIRELESS SYSTEMS (20) DEFRATIS DEPT OF CONSERVATION DICERCHIO DREDGE DREW FORD EISER III FBINAA-CALIFORNIA CHAPTER FEDEX FLINT TRADING, INC. GALINDO ROJAS GALLEGOS GELSKEY GIBBS JR GOO GRAINGER GRANICUS INC HAMILTON MEATS & PROVISIONS HAMILTON MEATS & PROVISIONS HANSON AGGREGATES PACIFIC HANSON HD SUPPLY PLUMBING HERNANDEZ HOLLIS HONEYWELL INTERNATIONAL INC J & M KEYSTONE INC JAMES JOHN DEERE LANDSCAPES JOSSE JUNIEL KIMBLE LANDA LASER SAVER INC LASER SAVER INC WARRANT REGISTER # 31 2/1/2011 DESCRIPTION PARADISE CREEK ED PARK LITTER EFFECTIVE INTRO OF EVIDENCE LABOR, MACHINE NEW SHAFT HAZARDOUS WASTE PICKUP POOL EMERGENCY REPAIRS RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 DISTRICT RENEWAL COSTS REGIONAL COMMUNICATIONS MAINT MAIL PROCESSING SVC - FY10/11 DEPOSIT#1332 THE GATEWAY DEPOSIT#1420 PLAZA BLVD CENTER REMOVE RADIOS FROM VEHICLE #429 RADIO MAINTENANCE SERVICE/POLICE RETIREE HEALTH BENEFITS FEB'11 SMIP COSTS, 2ND QUARTER RETIREE HEALTH BENEFITS FEB11 RETIREE HEALTH BENEFITS FEB.11 MOP 49078 AUTO PARTS RETIREE HEALTH BENEFITS FEB'11 REGISTRATION: LEEDS SEMINAR FEDEX PRIORITY OVERNIGHT - PD STREET SIGNS - PW 125 PLAN REIMBURSEMENT PURCHASED 1099 MISC ENVELOPES RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 MOP 65179 ELECTRICAL MATERIAL WEBCAST/LIVECAST MANAGED - MEAT DELIVERY FOR NUTRITION CENTER MEAT DELIVERY / NUTRITION CENTER A-1 RED INFIELD SOIL RETIREE HEALTH BENEFITS FEB'11 PLUMBING MATERIALS, REIMBURSEMENT FOR DUP PAYMENT RETIREE HEALTH BENEFITS FEB'11 HVAC WORK CARPET CLEANING RETIREE HEALTH BENEFITS FEB'11 MOP 69277 PIPES, VALVES 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 MOP 45725 INK CARTRIDGES - FINANCE MOP# 45725. INK CARTRIDGES/ENG 2/4 CHK NO DATE AMOUNT 240147 2/1/11 864.00 240148 2/1/11 128.59 240149 2/1/11 428.94 240150 2/1/11 701.44 240151 2/1111 628.21 240152 2/1/11 280.00 240153 2/1/11 140.00 240154 2/1/11 367.00 240155 2/1/11 9,063.00 240156 2/1/11 3,656.40 240157 2/1/11 1,468.70 240158 2/1/11 845.00 240159 2/1/11 1,447.30 240160 2/1/11 4,650.00 240161 2/1/11 120.00 240162 2/1/11 11,186.41 240163 2/1/11 70.00 240164 2/1/11 250.0( 240165 2/1/11 361.0I 240166 2/1/11 250.00 240167 2/1/11 700.00 240168 2/1/11 34.32 240169 2/1/11 3,402.96 240170 2/1/11 659.44 240171 2/1/11 59.22 240172 2/1/11 115.00 240173 2/1/11 120.00 240174 2/1/11 165.00 240175 2/1/11 2,275.95 240176 2/1/11 1,477.35 240177 2/1/11 534.09 240178 2/1/11 867.02 240179 2/1/11 4,583.75 240180 2/1/11 135.00 240181 2/1/11 399.64 240182 2/1/11 70.00 240183 2/1/11 185.00 240164 2/1/11 2,656.82 240185 2/1/11 2,995.00 240186 2/1/11 140.00 240187 2/1/11 43.99 240188 2/1/11 192.30 240189 2/1/11 50.1 240190 2/1/11 3001_ 240191 2/1/11 155.00 240192 2/1/11 678.24 240193 2/1/11 101.96 PAYEE MAINTEX INC MASON'S SAW & MATIENZO MCCABE MCCUNE CHRYSLER JEEP MEALS ON WHEELS GREATER MEDINA METRO FIRE & SAFETY MEYERS/NAVE LAW CORP MIRACLE PLAYGROUND SALES, INC. MUNICIPAL MAINTENANCE EQUIP MURRAY MYERS N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NETAPP PUBLIC SECTOR NEXUS IS INC NYO & MOORE _ _ DRTHLAND INNOVATION CORP NOSAL WILLIAM A OCHOA OHNO CONSTRUCTION CO. PACIFIC AUTO REPAIR PALMER CAP-CHUR EQUIPMENT, INC PAUU PBS&J PERRY FORD PERRY FORD POST POTTER POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY RAY RCP BLOCK & BRICK INC. ROARK RODRIGUEZ ROE RON BAKER CHEVROLET RON BAKER CHEVROLET )SS DERROD I IZ S & S WELDING S D FIREFIGHTERS REGIONAL SAN DIEGO HYDRAULICS WARRANT REGISTER # 31 2/1/2011 DESCRIPTION MISC JANITORIAL SUPPLIES MOP 45729 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 PARTS TO REPAIR CHRYSLER 300 MEALS -ON -WHEELS REIMBURSEMENT RETIREE HEALTH BENEFITS FEB'11 RECHARGE 6 5LB DRY CHEMICAL CONSULT/MOU NEGOTIATIONS PINCH PLATE-BUZZY RIDER G-21443-02500 REAR MAIN SEAL, INT it RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 CITY ENHANCEMENT JUL-DEC 2010 MOP 45735 MATERIALS & SUPPLIES MOP 72441 MATERIALS & SUPPLIES SERVICE / PS-TM-HR-ZA PHONE SYSTEM ADD MOVES CHANGES MARINA GATEWAY STREETSCAPE PROJ RUOK PHONE REASSURANCE SOFTWARE RETIREMENT SETTLEMENT FEB'11 RETIREE HEALTH BENEFITS FEB'11 PROGRESS PAYMENT SOCCER FIELD SMOG CERTIFICATION & REPAIRS CAP-CHUR CHARGES RETIREE HEALTH BENEFITS FEB'11 PROVIDE SEWER BILL/TAX ROLL MOP 45703 R&M AUTO EQUIPMENT LABOR/DIAGNOSE/REPLACE TEMP RETIREE HEALTH BENEFITS FEB'11 RETIREE HEALTH BENEFITS FEB'11 MOP 67839 AUTO PARTS KNIFE SHARPENING SERVICES / NUTRITION 240226 SOCCER FIELD PM AND INSPECTIONS 240227 MOP 45742 LAUNDRY SERVICE RETIREE HEALTH BENEFITS FEB'11 YARD MASONRY SAND RETIREE HEALTH BENEFITS FEB'11 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS FEB'11 MOP 45751 R&M AUTO EQUIPMENT LABOR, R&R STEERING RACK REFUND OF C&D DEPOSIT COST RETIREE HEALTH BENEFITS FEB'11 43 1/2 X 24 1/2 X 4 TRAG GRATE BICYCLE EXAM / FIRE DEPT LABOR, REMOVE DAMAGED HARD LINES 3!4 CHK NO DATE AMOUNT 240194 2/1/11 406.13 240195 2/1/11 328.68 240196 2/1/11 100.00 240197 2/1/11 280.00 240198 2/1/11 3,258.15 240199 2/1/11 2,500.00 240200 2/1/11 105.00 240201 2/1/11 255.54 240202 2/1/11 2,777.50 240203 2/1/11 389.56 240204 2/1/11 51.81 240205 2/1/11 150.00 240206 2/1/11 140.00 240207 2/1/11 22,500.00 240208 2/1/11 113.32 240209 2/1/11 159.75 240210 2/1/11 1,400.00 240211 2/1/11 1,005.00 240212 2/1/11 762.00 240213 2/1/11 1,500.00 240214 2/1/11 1,098.64 240215 2/1/11 125.00 240216 2/1/11 50,122.44 240217 2/1/11 1,013.84 240218 2/1/11 67.10 240219 2/1/11 340.00 240220 2/1/11 6,417.00 240221 2/1/11 1,068.30 240222 2/1/11 601.87 240223 2/1/11 280.00 240224 2/1/11 150.00 240225 2/1/11 1,442.07 2/1/11 46.00 2/1/11 31,226.75 240228 2/1/11 674.66 240229 2/1/11 190.00 240230 2/1/11 836.06 240231 2/1/11 135.00 240232 2/1/11 371.44 240233 2/1/11 120.00 240234 2/1/11 359.59 240235 2/1/11 990.00 240236 2/1/11 218.40 240237 2/1/11 310.00 240238 2/1/11 417.05 240239 2/1/11 2,478.00 240240 2/1/11 895.24 PAYEE SDG&E SDG&E SHORT, CRAIG SILVA SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SPERIAN STAPLES ADVANTAGE STAPLES ADVANTAGE STRASEN SUPERIOR READY MIX SYSCO SAN DIEGO SYSCO SAN DIEGO TELLEZ THE LIGHTHOUSE INC THE STAR NEWS TOM MOYNAHAN TOM MOYNAHAN TOPECO PRODUCTS TRIVIZ U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP URIAS VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIPMENT INC WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONIC SUPPLY YUM YUM DONUT SHOP, INC ZIETLOW, DAVID WIRED PAYMENTS UNION BANK OF CALIFORNIA SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 31 2/1/2011 DESCRIPTION FACILITIES GAS & ELECTRIC GAS & ELECTRIC SERVICE / NUTRITION RETIREE HEALTH BENEFITS FEB'11 125 PLAN REIMBURSEMENT INV 1212555 "COIN OPERATED MACHINE" NCPD SUPPORT SERVICES REIMB ANNUAL SERVICE FEE, POSI 3 MOP 45704 MATERIALS & SUPPLIES MOP 45704 OFFICE SUPPLIES - PD RETIREE HEALTH BENEFITS FEB'11 EMULSION OIL FOOD & CONSUMABLES FOR NUTRITION FOOD & CONSUMABLES / NUTRITION 125 PLAN REIMBURSEMENT MOP 45726 SMALL TOOLS AUCTION OF SURPLUS VEHICLE-EQUP MOP 45734 R&M AUTO EQUIPMENT MOP 45734 TOWING SERVICE MOP 63849 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS FEB'11 MEDICAL SERVICES - PD UNDERGROUND SERVICE ALERT SWEEPER REPAIRS RETIREE HEALTH BENEFITS FEB'11 MOP 46453 PLUMBING MATERIAL VERIZON WIRELESS SERVICE / POLICE VERIZON WIRELESS SERVICE / CITY MOP 68834 TRAFFIC CONTROL SUPPLIES MISC JANITORIAL SUPPLIES ZARO AIR 17 LITER MOP 63850 AUTO PARTS MOP 45763 AUTO PARTS MOP 45763 FLAT PANNEL WALL MOUNT REIMBURSEMENT 2010 BUS LICENSE RETIREE HALTH BENEFITS FEB'11 GO BONDS PAYMENT - NC LIBRARY Start Date End Date 1 /26/2011 2/1/2011 CHK NO DATE AMOUNT 240241 2/1/11 32,129.66 240242 2/1/11 1,560.23 240243 2/1/11 300.00 240244 2/1/11 2,015.39 240245 2/1/11 522.18 240246 2/1/11 6,333.00 240247 2/1/11 625.31 240248 2/1/11 307.65 240249 2/1/11 836.68 240250 2/1/11 135.00 240251 2/1/11 119.63 240252 2/1/11 4,351.35 240253 2/1/11 59.07 240254 2/1/11 140.04 240255 2/1/11 416.06 240256 2/1/11 35.88 240257 2/1/11 50.00 240258 2/1/11 270.00 240259 2/1/11 16.45 240260 2/1/11 135.0C 240261 2/1/11 295.25 240262 2/1/11 133.50 240263 2/1/11 789.41 240264 2/1/11 125.00 240265 2/1/11 354.96 240266 2/1/11 1,451.62 240267 2/1/11 4,748.38 240268 2/1/11 387.67 240269 2/1/11 3,851.77 240270 2/1/11 335.80 240271 2/1/11 50.05 240272 2/1/11 24.07 240273 2/1/11 145.69 240274 2/1/11 530.00 240275 2/1/11 150.00 GRAND TOTAL AJP Total 375,925.84 1/31/11 114,853.75 681,050.71 $ 1,171,830.30 COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 16 ITEM TITLE: blic Hearing to consider adoption of an Interim Ordinance of the City Council of the City of National �y pursuant to Government Code Section 65858 as an urgency measure to take effect immediately, extending for 12 months a moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City of National City. PREPARED BY: George H. Eiser, III >4 DEPARTMENT: 1 PHONE: 336-4221 APPROVED BY: EXPLANATION: On March 16, 2010, the City Council enacted Ordinance No. 2010- 33 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting a issuance of massage technician permits and prohibiting new massage establishments from locating within the City. On April 20, 2010, the City Council enacted Ordinance No. 2010-2334 extending the moratorium for 10 months and 15 days. The moratorium will expire on March 5, 2011, unless extended. An ordinance is proposed as a companion item on this agenda to extend the moratorium by 12 months. This public hearing, which has been noticed as required by law, is a required preliminary step toward adopting the ordinance. The moratorium was originally enacted due to the need for the City to revise it regulations pertaining to massage technician permits and massage establishments. The needed revisions have been complicated by the unsettled status of state law in this area. Once the state law is clarified, the City's regulations can be updated to conform to that state law. At it's meeting on February 1, 2011, the City Council adopted Resolution No. 2011-23, approving the issuance of a written report on this subject. In addition to the proposed ordinance, a copy of the --ten report approved by the City Council on February 1, is attached. IANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Conduct public hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: D'-ase see list of attachments. ATTACHMENTS TO AGENDA STATEMENT A. Ordinance No. 2010 - 2332, enacted March 16, 2010, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Enacting a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City"; with Staff Report. B. Resolution No. 2010 - 80, adopted April 13, 2010, "Resolution of the City Council of the City of National City Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City"; with Staff Report. C. Ordinance No. 2010 - 2334, enacted April 20, 2010, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 an as Urgency Measure, to Take Effect Immediately, Extending for 10 Months and 15 Days a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City"; with Staff Report. D. Resolution No. 2011 - 23, adopted February 1, 2011, "Resolution of the City Council of the City of National City Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City"; with Staff Report. E. Notice of March 1, 2011 Public Hearing. F. Proposed Ordinance, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Extending for 12 Months a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City". ORDINANCE NO. 2010 — 2332 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, ENACTING A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the establishment and permitting of massage businesses and massage technicians within the city, with the Finance and the Police Departments being authorized to process and administer the permits; and WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a massage technician to apply to the City of National City for a technician permit. The requirements for the application for the permit are set forth in Section 10.79.060; and WHEREAS, zoning restrictions pertaining to massage establishments within the city are located in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses"; and WHEREAS, in January 2009, the California Business and Professions Code Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to State law and who is practicing consistent with the qualifications established by his or her certification. It further states that no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant this State law: and WHEREAS, due to the 2009 amendment to State law, National City Municipal Code Section 10.79 became, in part, inconsistent with State law as to massage technician permits; and WHEREAS, in May of 2009, the State again adopted new legislation pertaining to massage establishments and the ability of cities to regulate and enforce their requirements upon them; and WHEREAS, City staff was in the process of amending Chapter 10.79 of the National City Municipal Code to conform with the first amendment to State law, when the second amendment to State law went into effect; and WHEREAS, City staff was again in the process of drafting an amendment to Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to State law, when it was discovered that yet a third amendment to State law had been proposed by urgency legislation in the State Assembly in February, 2010, which amendment is significant; and WHEREAS, the City Council finds it necessary and appropriate to review and consider the provisions of the proposed urgency legislation pertaining to massage establishments and technicians introduced in February of this year by the State Assembly; and WHEREAS, a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows the State mandates relating to massage establishments and technicians, and that the location of such establishments and the issuance of permits and other entitlements for such establishments would result in a threat to the public health, safety, and welfare if such an ordinance were to be found invalid; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the issuance of massage technician permits and on the locating of, development, or approval of permits for massage establishments; and WHEREAS, the City Council intends to adopt, after appropriate study and legislative review, an ordinance that would apply throughout the city for the proper regulation of massage establishments and technicians as soon as practicable, and directs the City Attorney's Office to commence the review necessary for the adoption of such proper regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 45 days from the effective date of this Ordinance, no massage technician permit shall be issued, no massage establishment not currently existing within the city shall be located within the city; no building permit, certificate of occupancy, establishment permit, business license, nor permit or entitlement for a massage establishment shall be issued; no construction shall take place relating to a massage establishment; and no construction shall take place within the city relating to the location, development, or approval of any massage establishment. Section 2. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of the Government Code, and shall take effect immediately. Section 3. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. --- Signature Page to Follow --- Ordinance No. 2010 - 2332 2 Massage Establishment Moratorium PASSED and ADOPTED this 16th day of March, 2010. on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 10 George H. Eiser, III City Attorney Ordinance No. 2010 - 2332 3 Massage Establishment Moratorium Passed and adopted by the Council of the City of National City, California, on March 16, 2010, by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on March 16, 2010, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2010-2332 of the City Council of the City of National City, passed and adopted by the Council of said City on March 16, 2010. A i Clerk of the Ci of City National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 20 i EM TITLE: An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a Moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City of National City PREPARED BY: Jodi L. Doucette PHONE:;336-4412 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: :morandum Proposed Ordinance Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate INQbRTOE� . Office of the City Attorney City Attomey George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K Fenton TO: Mayor and City Council DATE: March 16, 2010 FROM: Jodi L. Doucette, Senior Assistant City Attorney SUBJECT: Interim Ordinance to Adopt as an Urgency Measure a Moratorium Prohibiting Issuance of Massage Technician Permits and New Massage Establishments from Locating within the City of National City INTRODUCTION The State of California's regulation of massage technician and massage establishment permits is in a state of flux. A new State law was passed in 2009 that conflicted with the City's current regulatory ordinance. In the course of redrafting the City's current ordinance to comply with the newly enacted State law, a new bill was introduced into the State legislature this past month that would reverse the 2009 State law. Accordingly, a moratorium on the location of new massage establishments in the city is advisable until status of the State law is settled. DISCUSSION National City Municipal Code Chapter 10.79 currently provides for the permitting of massage technicians and massage establishments. Specifically, Section 10.79.050 requires a massage technician to apply to the City for a technician permit The requirements for the application for the permit are set forth in Section 10.79.060. Additionally, zoning restrictions pertaining to massage establishments are found in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses". California Business and Professions Code section 4600 et seq., (hereinafter "2009 Act") was enacted in January 2009 through urgency legislation. It was the intent of the 2009 Act to create a voluntary certification program for the massage therapy profession that would enable consumers to easily identify credible certified massage therapists; assure that certified massage therapists have completed sufficient training at approved schools; phase in increased education and training standards consistent with other states; assure that massage therapy can no longer be used as a subterfuge to violate subdivisions (a) or (b) of Section 647 of the Penal Code (prohibiting lewd conduct and prostitution); and to establish the Massage Therapy Organization as a self -funded nonprofit oversight body to approve certification and education requirements for massage therapists. --4243-National-City--Boulevard;-National Gity,-Gauifornia 94950-4301- Tel.: (619) 336.4220 Fax: (619) 336.4327 The 2009 Act, among other provisions, states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to the Act, and who is practicing consistent with the qualifications established by his or her certification. Further, no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 Act that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant to the Act. Accordingly, National City Municipal Code Section 10.79 contains portions that are inconsistent with the 2009 Act. Primarily, National City Municipal Code Section 10.79.050 (massage technician permit) and 10.79.060 (application information) cannot be enforced due to the enactment of the 2009 Act. As to the City's ability to regulate massage establishments through zoning and business licenses, the 2009 Act stated that nothing in the Act should be interpreted to prevent a city from adopting or enforcing any local ordinance governing zoning, business licensing, and reasonable health and safety requirements for massage establishments or businesses. "Nothing in this section shall prohibit a city, county, or city and county from adopting land use and zoning requirements applicable to massage establishments or businesses, provided that these requirements shall be no different than the requirements that are uniformly applied to other professional or personal services businesses." (Bus. Prof. § 4612(b)(4).) "A city, county, or city and county may adopt reasonable health and safety requirements with respect to massage establishments or businesses, including, but not limited to, requirements for cleanliness of massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided that nothing in this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter." (Bus. Prof. § 4612(b)(6).) The 2009 Act attempts to clarify that it does not apply to. any massage establishment or business that employs or uses persons to provide massage services who are not certified pursuant to the Act. (Bus. Prof. § 4612(a)(3).) Subsequently, in May 2009, the state legislature adopted more regulations in this area. The State law changes effective in late May 2009, provided cities with more latitude in their permit requirements as to business licenses for massage establishments. (Gov. § 51030 et seq.). The more recent legislation states that a city ordinance: "may condition the issuance of a license to engage in the business of massage upon proof that a massage business meets the reasonable standards set by the ordinance, which may include, but need not be limited to, the following: areas: (a) Age of massage personnel. (b) Education and experience of massage personnel. (c) Passage by massage personnel of a practical examination of competence. (d) Sanitary conditions of the massage establishment. (e) Hours of operation of the massage business. 2 Massage Moratorium — —-Marsh-1-6; 2010— (f) Prohibition of the sale or serving of food or beverage or the conducting of non -massage business on the premises of the massage business. In the event that the business premises in which such massage business is conducted possesses or is qualified to possess a certificate of occupancy issued by such city or county, the prohibition of this subdivision shall apply only to the portion of the premises exclusively devoted to the conduct of the massage business." This new addition to the State law proved to be very confusing as it related to the changes made by the original 2009 Act, and many cities have expressed difficulties in reconcilingthese two State law changes in the area. Upon a review of the National City Municipal Code after the 2009 State legislation, it was determined that amendments to the Municipal Code are necessary for it to be consistent with that legislation. In the midst of our preparing and finalizing changes to the City's massage ordinance, the State Iegislature proposed further changes to the State law in this area. The proposed language was introduced in February 2010, by the State Assembly as urgency legislation, and seeks to amend Section 4600 et seq. of the Business and Professions Code, adopted in 2009, and Penal Code § 647.15. AB 1822 proposes to effectively change the state law back to its pre-2009 status, whereby cities were able to permit and certify massage technicians. It would transfer back to cities and counties the authority to regulate the massage industry, rather than the Massage Therapy Organization, as under the current state law. The City's current regulation of massage technicians and establishments in Municipal Code Section 10.79 is currently inconsistent with existing State law, and needs to be updated. However, given the multitude of confusing and apparently conflicting provisions in the State law for the regulation of massage technicians and massage establishments, and the current proposal to change it yet again, it is recommended that the City not yet amend its ordinance until the current inconsistencies in State law are resolved, and the final outcome of regulation in this area is settled. Toward this end, it is further recommended that the City Council enact an urgency ordinance, to take effect immediately, prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the city. Statutory Authority for Interim Ordinance Section 65858 of the California Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required, to adopt as an urgency measure to take effect immediately as an interim ordinance, prohibiting any uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently for one year. A fourth -fifths vote of the City Council is required to pass the ordinance in each case. Massage Moratorium March.1.6,:2a-10— - ---- Enactment of an urgency interim ordinance prohibiting issuance of massage technician permits, and prohibiting new massage establishments from locating in National City is recommended, in order to allow State law in this area of regulation to become settled. Once this has occurred, it will be recommended that the provisions of the Municipal Code regulating massage establishments and technicians be amended to conform to State law. A valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that the business of massage is operated in a clean and sanitary manner, and in such a way that problems with prostitution and lewd conduct do not arise. CONCLUSION It is recommended that the City Council enact a moratorium ordinance prohibiting the issuance of massage technician permits as well as the location of new massage establishments. Jo . Doucette, Se Assistant City Attorney 4 Massage Moratorium -Marsh 14, 201.0.. RESOLUTION NO. 2010 — 80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY WHEREAS, at the City Council meeting of March 16, 2010, the Council enacted Ordinance No. 2010-2332, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Enacting a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2010-2332 will expire on April 30, 2010, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. PASSED and ADOPTED this 13th day of April, 2010. ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney Ron Morrison, Mayor REPORT MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESABLISHMENTS FROM LOCATING IN THE CITY (Government Code Section-65858(d)) Since the City Council's adoption of the urgency moratorium ordinance on March 16, 2010 (Ordinance No. (2010-2232) prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City, the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: 1. Review of Current Land Use Code; Business Licenses Applications: As with any business operating within the City ofNational City, a massage establishment must obtain a business license. At the time of application, the business license application would beforwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18.69 designates a massage establishment as an "adult -oriented business". As such, a massage establishment may not be located within 1,500 feet of another adult -oriented business, school or public park, or within 1000 feet of any residentially — zoned_property. 2.. Inventoried Existing: The City's Finance Department researched business license records and determined that there currently are no massage establishments within the City. There is an unenclosed business located within Plaza Bonita consisting of four chairs on which customers_ may receive a massage, but this business would not come within the definition of "massage parlor" in Chapter 18.69. 3. Review of Inquires/Pending Permit Applications: Although the Police Department has received on inquiry regarding a massage technician permit, no formal permit applications have been submitted. Summary The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments. Making the needed revisions has been complicated by the unsettled: status of state law in this area. The City Attorney's office is continuing to monitor any changes in the applicable state law. Once the state law is clarified, the City's regulations can he updated to conform to that law. EXHIBIT "A' Passed and adopted by the Council of the City of National City, California, on April 13, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-80 of the City of National City, California, passed and adopted by the Council of said City on April 13, 2010. J City CI k of the City of N tional City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 13, 2010 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A --MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE -TECHNICIAN 'PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY PREPARED BY George H. Eiser, 111 f✓ DEPARTMENT City Attorney Ext. 4221 EXPLANATION On March 16, 2010, the City Council enacted interim Ordinance No. 2010-2332 as an urgency ordinance, to take effect immediately, imposing.a 45-day moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. The moratorium will expire on April 30, 2010, unless extended. 'An item will be placed on the April 20 Council agenda proposing that the moratorium be extended for 10 months and 15 days. Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to adoption of the ordinance. A report is attached which complies with the requirements of Section 65858(d). The proposed resolution would approve and authorize issuance of the report. Environmental Review NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve and authorize issuance of report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Report (Government Code Section 65858(d)) A-200 (9/99) ORDINANCE NO. 2010 — 2334 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the establishment and permitting of massage businesses and massage technicians within the city, with the Finance and the Police Departments being authorized to process and administer the permits; and WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a massage technician to apply to the City of National City for a technician permit. The requirements for the application for the permit are set forth in Section 10.79.060; and WHEREAS, zoning restrictions pertaining to massage establishments within the city are located in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses"; and WHEREAS, in January 2009, the California Business and Professions Code Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to State law and who is practicing consistent with the qualifications established by his or her certification. It further states that no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant this State law: and WHEREAS, due to the 2009 amendment to State law, National City Municipal Code Section 10.79 became, in part, inconsistent with State law as to massage technician permits; and WHEREAS, in May of 2009, the State again adopted new legislation pertaining to massage establishments and the ability of cities to regulate and enforce their requirements upon them; and WHEREAS, City staff was in the process of amending Chapter 10.79 of the National City Municipal Code to conform with the first amendment to State law, when the second amendment to State law went into effect; and WHEREAS, City staff was again in the process of drafting an amendment to Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to State law, when it was discovered that yet a third amendment to State law had been proposed by urgency legislation in the State Assembly in February, 2010, which amendment is significant; and WHEREAS, the City Council finds it necessary and appropriate to review and consider the provisions of the proposed urgency legislation pertaining to massage establishments and technicians introduced in February of this year by the State Assembly; and WHEREAS, a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows the State mandates relating to massage establishments and technicians, and that the location of such establishments and the issuance of permits and other entitlements for such establishments would result in a threat to the public health, safety, and welfare if such an ordinance were to be found invalid; and WHEREAS, at their regular public meeting held on March 16, 2010, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2332, enacting a moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City; and WHEREAS, on April 13, 2010, the City Council adopted Resolution No. 2010-80 "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City; and WHEREAS, on April 20, 2010, the City Council held a public hearing, at which time oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for an additional period of 10 months and 15 days the 45 day moratorium established by Ordinance No.2010-2332; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2010-2332 prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City; and WHEREAS, the City Council intends to adopt, after appropriate study and legislative review, an ordinance that would apply throughout the city for the proper regulation of massage establishments and technicians as soon as practicable, and directs the City Attorney's Office to commence the review necessary for the adoption of such proper regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 10 months and 15 days from the effective date of this Ordinance, no massage technician permit shall be issued, no massage establishment not currently existing within the city shall be located within the city; no building permit, certificate of occupancy, establishment permit, business license, nor permit or entitlement for a massage establishment shall be issued; no construction shall take place relating to a massage establishment; and no construction shall take place within the city relating to the location, development, or approval of any massage establishment. Section 2. For purposes of this Ordinance, "massage establishment" and "massage technician permits shall have the meanings described in Sections 10.79.030(B) and (E), and Section 18.69.020(N) of the National City Municipal Code. Ordinance No. 2010 — 2334 2 Massage Permit Moratorium Extended Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of the Government Code, and shall take effect immediately. Section 4. The City Council hereby directs the City staff to engage in studies and procedures necessary for the adoption or regulations governing massage technician permits and the locating of massage establishments from locating within the City. Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 20th day of April, 2010. on Morrison, Mayor ATTEST: chael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attomey Ordinance No. 2010 — 2334 3 Massage Permit Moratorium Extended Passed and adopted by the Council of the City of National City, California, on April 20, 2010, by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on April 20, 2010, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not Tess than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2010-2334 of the City Council of the City of National City, passed and adopted by the Council of said City on April 20, 2010. City Jerk of the City of tVational City, California By: Deputy City of National City, California CITY COUNCIL AGENDA STATEMENT IEETING DATE April 20, 2010 AGENDA ITEM NO. 13 ITEM TITLE PUBLIC HEARING TO CONSIDER ADOPTION OF AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY PREPARED BY George Eiser Ext. 4221 DEPARTMENT City Attorney EXPLANATION On March 16, 2010, the City Council enacted Ordinance No. 2010-2332 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. The moratorium will expire on April 30, 2010, unless extended. An ordinance is proposed as a companion item on this agenda to extend the moratorium by 10 months and 15 days. This public hearing, which has been noticed as required by law, is a required preliminary step toward adopting the ordinance. The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments. The needed revisions have been complicated by the unsettled status of state law in this area. Once the state law is clarified, the City's regulations can be updated to conform to that state law. At its meeting on April 13, 2010, the City Council adopted a resolution approving the issuance of a written report on this subject. In addition to the proposed ordinance, a copy of the written report approved by the Council on April 13 is ttached. Environmental Review ) NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Conduct Public Hearing BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance LNotice of Public Hearing Report of the City Council Memorandum to City Council dated March 16, 2010 A-200 (9/99) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., on Tuesday, April 20, 2010, in the City Council Chambers, 1243 National City Blvd., National City, to consider EXTENDING FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS THE PREVIOUSLY ADOPTED INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN NATIONAL CITY. The City Council will issue a written report on April 13, 2010 describing the measures taken to alleviate the conditions which led to the adoption of the Moratorium Ordinance. The full text of that report will be available for viewing in the City Clerk's Office during normal business hours. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council at, or prior to, the Public Hearing. M. Dalla, City Clerk Published in the San Diego Union -Tribune on April 9, 2010 11 REPORT MORATORIUM ORDINANCE PROHIBITING THE. ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESABLISHMENTS FROM LOCATING IN THE CITY (Government Code Section 65858(d)) Since the .City Council's adoption of the urgency moratorium ordinance on March 16, 2010 Ordinance No. (201.0-2232) prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City, the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: 1. Review of Current Land Use Code; Business Licenses Applications: As with any business operating within the City of National City, a massage establishment must obtain a business license. At the time of application, the business license application would be forwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18.69 designates a massage establishment as an "adult -oriented business". As such,a massage establishment may not be located within 1,500 feet of another adult -oriented business, school or public park, or within 1000 feet of any residentially — zoned property. 2. Inventoried Existing: The City's Finance Department researched business license records and determined that there currentlyare no massage establishments within the City. There is an unenclosed business located within Plaza Bonita consisting of four chairs on whichcustomers may receive a massage, but this business would not come within the definition of "massage parlor" in Chapter 18.69. 3. Review of Inquires/Pending Permit Applications: Although the Police Department has received on inquiry regarding a massage technician permit, no formal permit applications have been submitted. Summary The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments. Making the needed revisions has been complicated by the unsettled status of state law in this area. The City Attorney's office is continuing to monitor any changes in the applicable state law. Once the state law is clarified, the City's regulations can be updated to conform to that law. EXIHIBIT "A' 5 Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarale Nk �rc6xlPpxa2x'� Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant GityAttomey Claudia Gacitua Silva Senior Assistant City Attorney Jodi L Doucette Risk Manager Ashley K Fenton TO: Mayor and City Council - DATE: March 16, 2010 FROM: Jodi I,. Doucette, Senior Assistant City Attorney SUBJECT: Interim Ordinance to Adopt as anUrgencyMeasure a Moratorium Prohibiting Issuance of Massage. Technician Permits and New Massage Establishments from Locating within the City of National City INTRODUCTION The State of California's regulation of massage technician and massage establishment permits is in a state of flux. A new State law was passed in 2009 that conflicted with the City's current regulatory ordinance. In the course of redrafting the City's_ current ordinance to comply with the newly enacted State law, a new bill was introduced into the State legislature this past month that would reverse the 2009 State law. Accordingly; a moratorium on the location of new massage establishments in the city is advisable until status of the State law is settled. DISCUSSION National City Municipal Code Chapter 10.79 currently provides for the permitting of massage technicians and massage establishments. Specifically, Section 10.79:050 requires a massage technician to apply to the City for a technician permit: The requirements. for the application for the permit are set forth in Section 10.79.060. Additionally, zoning restrictions pertaining to massage establishments are found in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses". California Business and Professions Code section 4600 et seq., (Hereinafter "2009 Act") was enacted in January 2009 through urgency legislation. It was_the intent of the 2009 Act to create a voluntary certification program for the massage therapy profession that would enable consumers to easily identify credible certified massage therapists; assure that certified massage therapists have completed sufficient training at approved schools; phase in increased education and training standards consistent with other states; assure that massage therapy can no longer be used as a subterfuge to violate subdivisions (a) or (b) of Section 647 of the Penal Code (prohibiting lewd conduct and prostitution); and to establish the Massage Therapy Organization as a self -funded nonprofit oversight body to approve certification and educationrequirements for massage therapists. 7 1-243 National -City -Boulevard —National City, -California 91950-4391 - Tel._ (619) 336.4220 Fax: (619) 336.4327 (f) Prohibition of the sale or serving of food or beverage or the conducting of non -massage business on the premises of the massage business. In. the event that the business premises in whichsuch massage business is conducted possesses or is qualified to possess a certificate of occupancy issued by such city or county, the prohibition of this subdivision shall apply only to the portion of the premises exclusively devoted to the conduct of the massage business." This new addition to the State Iaw proved to be very confusing as it related to the changes made by the original 2009 Act, and many cities have expressed difficulties in reconciling. these two State law changes in the area. Upon a review of the National City Municipal Code after the 2009 State legislation, it was determined that amendments to the Municipal Code are necessary for it to beconsistent with that legislation. In the midst of our preparing and finalizing changes to the City's massage ordinance, the State legislature proposed further changes to the State law in this area. The proposed language was introduced in February 2010, by the State Assembly as urgency legislation, and seeks to amend Section 4600 et seq. of the Business and Professions Code, adopted in 2009, and Penal Code § 647.15. AB 1822 proposes to effectively change the state law back to its pre-2009 status, whereby cities were able to permit and certify massage technicians. It would transfer back to cities and counties the authority to regulate the massage industry, rather than the Massage Therapy Organization, as under the current state law. The City's current regulation of massage technicians and establishments in Municipal Code Section 10.79 is currently inconsistent with existing State law, and needs to be updated. However, given the multitude of confusing and apparently conflicting provisions in. the State law for the regulation of massage technicians and massage establishments, and the current proposal to change it yet again, it is recommended that the City not yet amend its ordinance until the current inconsistencies in State law are resolved, and the final outcome of regulation in this area is settled. Toward this end, it is further recommended that the City Council enact an urgency ordinance, to take effect immediately, prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the city. Statutory Authority for Interim Ordinance Section 65858 of the California Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required, to adopt as an urgency measure to take effect immediately as an interim ordinance, prohibiting any uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently for one year. A fourth -fifths vote of the City Council is required to pass the ordinance in each case. 3 Massage Moratorium —March 1.6,.2010—--._.--..-- Enactment of an urgency interim ordinance prohibiting issuance of massage technician permits, and prohibiting new massage establishments from locating in National City is recommended, in order to allow State law in this area of regulation to become settled. Once this has occurred, it will be recommended that the provisions of the Municipal Code regulating massage establishments and technicians be amended to conform to State law. A valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that the business of massage is operated in a clean and sanitary manner, and in such a way that problems with prostitution and lewd conduct do not arise. CONCLUSION It is recommended that the City Councilenact a moratorium ordinance prohibiting the issuance of massage technician pennits as well as the location of new massage establishments. Jo r . Doucette, Se • Assistant City Attorney 4 Massage Moratorium Go) The 2009 Act, among other provisions, states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to the Act, andwho is practicing consistent with the qualifications established by his or her certification. Further, no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 Act that required a license, permit, or other authorizationto practice massage, may be enforced against an individual who is certified pursuant to the Act. Accordingly, National City Municipal Code Section 10.79 contains portions that are inconsistent with the 2009 Act. Primarily, National City Municipal Code Section 10.79.050 (massage technician permit) and 10.79.060 (application information) cannot be enforced due to the enactment of the 2009 Act. As to the City's ability to regulate massage establishments through zoning and business licenses, the, 2009 Act stated that nothing in the. Act should be interpreted to prevent a city from adopting or enforcing any local ordinance governing zoning, business licensing, and reasonable health and safety requirements for massage establishments or businesses. "Nothing in this section shall prohibit a city, county, or city and county from adopting land use and zoning requirements applicable to massage establishments or businesses, provided that these requirements shall be no different than the requirements that are uniformly applied to other professional or personal services businesses." (Bus.,Prof. § 4612(b)(4).) "A city, county, or city and county may adopt reasonable health and safety requirements withrespect to massage establishments or businesses, including, but not limited to, requirements for cleanliness of massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided thatnothingin this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter." (Bus. Prof_ § 4612(b)(6).) The 2009 Act attempts to clarify that it does not apply to any massage establishment or business that employs or uses persons to providemassage services who are not certified pursuant to the Act. (Bus. Prof. § 4612(a)(3).) Subsequently, in May 2009, the state legislature adopted more regulations in this area. The State law changes effective in late May 2009, provided cities with more latitude in their permit requirements as to business licenses for massage establishments. (Gov. § 51030 et seq.). The more recent legislation states that a city ordinance: "may condition the issuance of a license to engage in the business of massage upon proof that a massage business meets the reasonable standards set by the ordinance, which may include, but need .not be limited to, the following areas: (a) Age of massage personnel, (b) Education and experience of massage personnel. (c) Passage by massage personnel of a practical examination of competence. (d) Sanitary conditions of the massage establishrnent. (e) Hours of operation of the massage business. Massage Moratorium March-16, 2010— �_f RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY WHEREAS, at the City Council meeting of March 16, 2010, the Council enacted Ordinance No. 2010-2332, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Enacting a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2010- 2332 will expire on April.30, 2010, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the. City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. PASSED and ADOPTED this 13th day of April, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill, City Attorney (0 RESOLUTION NO. 2011 — 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY WHEREAS, at the City Council meeting of April 20, 2010, the Council enacted Ordinance No. 2010-2334, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Extending for 10 Months and 15 days a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City"; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2010-2334 will expire on March 5, 2011, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, issuance of the Report by the City Council is a necessary action for the Council to be able to consider a further extension of the moratorium. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. PASSED and ADOPTED this 1st day of February, 2011. ATTEST: Mic ,el R. Dalla, •ity Clerk PPROVED AS • FORM: udia G. Si City Attorney on Morrison, Mayor REPORT MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICAL PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING IN THE CITY (Government Code Section 65858(d)) On April 20, 2010, the City Council enacted Ordinance No. 2010-2334 extending until March 5, 2011 the urgency moratorium ordinance prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. Since the enactment of that Ordinance, the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: Review of Current Land Use Code: Business Licenses Applications: As with any business operating within the City of National City, a massage establishment must obtain a business license. At the time of application, the business license application would be forwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18.69 designates a massage establishment as an "adult -oriented business". As such, a massage establishment may not be located within 1,500 feet of another adult -oriented business, school or public park, or within 1,000 feet of any residentially -zoned property. Inventoried Existing: The City's Finance Department researched business license records and determined that there currently are no massage establishments within the City. There is an unenclosed business located within Plaza Bonita consisting of four chairs on which customers may receive a massage, but this business would not come within the definition of"massage parlor" in Chapter 18.69. An amendment to the Municipal Code will be recommended in the near future to clarify this distinction. 3. Review of Inquires/Pending Permit Applications: Although the Police Department has received an inquiry regarding a massage technician permit, and the Finance Department recently received an inquiry regarding a business license for a massage establishment, no formal permit applications have been submitted. Summary The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments. Making the needed revisions has been complicated by the unsettled status of state law in this area. The City Attorney's office is continuing to monitor any changes in the applicable state law. Once the state law is clarified, the City's regulations can be updated to conform to that law. EXHIBIT A (Resolution No. 2011-23) Passed and adopted by the Council of the City of National City, California, on February 1, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Sotis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-23 of the City of National City, California, passed and adopted by the Council of said City on February 1, 2011. City C erk of the Cityof ational City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Approving and Authorizing the Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishrnents from Locating within the City PREPARED BY: George H. Eiser, III () DEPARTMENT: City Attorney PHONE: Ext. 4221 APPROVED BY: EXPLANATION: On March 16, 2010, the City Council enacted interim Ordinance No. 2010-2332 as an urgency ordinance, to take effect immediately, imposing a 45-day•moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. On April 20, 2010, the City Council enacted Ordinance No. 2010-2334, extending the Moratorium for 10 months and 15 days. The moratorium will expire on. March 5, 2011, unless extended. Section 65858(d) of the Government Code provides that 10 days prior to the expiration of an interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition that led to adoption of the ordinance. This action by the City Council will enable the Council to consider a one-year extension of the moratorium prior to its expiration. A report is attached which complies with the requirements of Section 65858(d). Briefly stated, the report discusses the current state of massage establishments in the City, and the need to revise the City's regulations pertaining to such establishments, a process complicated by the unsettled status of applicable state law. The proposed resolution would approve and authorize issuance of this report. ' .• FINANCIAL STATEMENT: ACCOUNT NO. I N/A ENVIRONMENTAL REVIEW: N/A ORM CE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF. OMMENDATION: • Approve and authorize the issuance of report. BOARD i coMmisstpt4 RECOMMENDATION: N/A Proposed Resolution Report (Government Code Section 65858(d) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., on Tuesday, March 1, 2011, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA, to consider: EXTENDING FOR AN ADDITIONAL 12 MONTHS THE PREVIOUSLY ADOPTED INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN NATIONAL CITY. The City Council issued a written report on February 1, 2011 describing the measures taken to alleviate the conditions which led to the adoption of the Moratorium Ordinance. The full text of that report is available for viewing in the City Clerk's Office during normal business hours. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council at, or prior to, the Public Hearing. Michael Dalla, City Clerk t 'Jr IYHI IVIVHL lri ! T, l►ALItUKNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 17 ITEM TITLE: Interim Ordinance of the City Council of the City of National City pursuant to Government Code Section 65858 as an urgency measure to take effect immediately, extending for 12 months a moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City of National City. PREPARED BY: George H. Eiser, III (4 DEPARTMENT: PHONE: 336-4221 APPROVED BY: EXPLANATION: On March 16, 2010, the City Council enacted Ordinance No. 2010-2332 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. On April 20, 2010, the City Council enacted Ordinance No. 2010-2334 extending the moratorium for 10 months and 15 days. The moratorium will expire on March 5, 2011, unless extended. The proposed ordinance, if enacted by the City Council, will extend the moratorium for 12 months. A companion item on the agenda is a public hearing wherein the City Council will consider extending the moratorium for a period of 12 months. Please refer to the attachments and background materials for the public hearing item. rumANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iosed ordinance ORDINANCE NO. 2011 — 3 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING FOR 12 MONTHS A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the establishment and permitting of massage businesses and massage technicians within the city, with the Finance and the Police Departments being authorized to process and administer the permits; and WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a massage technician to apply to the City of National City for a technician permit. The requirements for the application for the permit are set forth in Section 10.79.060; and WHEREAS, zoning restrictions pertaining to massage establishments within the city are located in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses"; and WHEREAS, in January 2009, the California Business and Professions Code Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to State law and who is practicing consistent with the qualifications established by his or her certification. It further states that no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant this State law: and WHEREAS, due to the 2009 amendment to State law, National City Municipal Code Section 10.79 became, in part, inconsistent with State law as to massage technician permits; and WHEREAS, in May of 2009, the State again adopted new legislation pertaining to massage establishments and the ability of cities to regulate and enforce their requirements upon them; and WHEREAS, City staff was in the process of amending Chapter 10.79 of the National City Municipal Code to conform with the first amendment to State law, when the second amendment to State law went into effect; and WHEREAS, City staff was again in the process of drafting an amendment to Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to State law, when it was discovered that yet a third amendment to State law had been proposed by urgency legislation in the State Assembly in February, 2010, which amendment is significant; and WHEREAS, the City Council finds it necessary and appropriate to review and consider the provisions of the proposed urgency legislation pertaining to massage establishments and technicians introduced in February of this year by the State Assembly; and WHEREAS, a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows the State mandates relating to massage establishments and technicians, and that the location of such establishments and the issuance of permits and other entitlements for such establishments would result in a threat to the public health, safety, and welfare if such an ordinance were to be found invalid; and WHEREAS, at their regular public meeting held on March 16, 2010, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2332, enacting a moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City; and WHEREAS, at their regular meeting held on April 20, 2010, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2334, extending the moratorium for 10 months and 15 days; and WHEREAS, on February 1, 2011, the City Council adopted Resolution No. 2011- 23 "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City; and WHEREAS, on March 1, 2011, the City Council held a public hearing, at which time oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for an additional period of 12 months the moratorium established by Ordinance No.2010- 2334; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to extend for an additional period of 12 months the moratorium established by Ordinance No. 2010-2332 prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City; and WHEREAS, the City Council intends to adopt, after appropriate study and legislative review, an ordinance that would apply throughout the city for the proper regulation of massage establishments and technicians as soon as practicable, and directs the City Attorney's Office to commence the review necessary for the adoption of such proper regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Ordinance No. 2011-3 2 Massage Permit Moratorium Extended Section 1. For a period of 12 months from the effective date of this Ordinance, no massage technician permit shall be issued, no massage establishment not currently existing within the city shall be located within the city; no building permit, certificate of occupancy, establishment permit, business license, nor permit or entitlement for a massage establishment shall be issued; no construction shall take place relating to a massage establishment; and no construction shall take place within the city relating to the location, development, or approval of any massage establishment. Section 2. For purposes of this Ordinance, "massage establishment" and "massage technician permits shall have the meanings described in Sections 10.79.030(B) and (E), and Section 18.69.020(N) of the National City Municipal Code. Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of the Government Code, and shall take effect immediately. Section 4. The City Council hereby directs the City staff to engage in studies and procedures necessary for the adoption or regulations governing massage technician permits and the locating of massage establishments from locating within the City. Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 1st day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No. 2011-3 3 Massage Permit Moratorium Extended ... . . ..I Ivons wI\rtL t.f I I, t./1LIr V1t1VIH COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 18 ITEM TITLE: W BUSINESS: Changes to Sweetwater Authority Policy 607 reflecting intent to defer to City policies on appointments. PREPARED BY: Claudia G. Silva'S6--...--- PHONE: Ext. 4222 EXPLANATION: The Sweetwater Authority is considering revisions to their "Policy 607 — Representatives to the San Diego County Water Authority" (the "Policy"), which they have forwarded to the City. There is one section of revision directed at the City of National City. It is the second to the last paragraph of the Policy, attached for your reference. Overall the proposed change conforms to the City's general practice regarding appointments to boards and commissions. Per Sweetwater Authority's General Counsel, this change is considered to defer to the City's policy on appointments. No action is required on this item. Should the Council desire their comments regarding the Policy be forwarded to Sweetwater Authority, this meeting would be the appropriate time to provide such direction. DEPARTMENT: City Attorney APPROVED BY: 4NCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Sweetwater Authority Policy 607 POLICIES & PROCEDURES FOR THE GOVERNING BOARD REPRESENTATIVES TO THE SAN DIEGO COUNTY WATER AUTHORITY Policy 607 POLICY 607 — REPRESENTATIVES TO THE SAN DIEGO COUNTY WATER AUTHORITY POLICY To enable the Governing Board to receive information and for the Board to provide direction to the South Bay Irrigation District and the City of National City Representatives to the San Diego County Water Authority. PROCEDURE Sweetwater Authority is a Joint Powers Agency of the South Bay Irrigation District and the City of National City organized and existing pursuant to Government Code Section 6500 et seq. The South Bay Irrigation District and the City of National City are member agencies of the San Diego County Water Authority. The South Bay Irrigation District and the City of National City each have one Representative on the San Diego County Water Authority Board of Directors, who will report to the Sweetwater Authority Governing Board as follows: A. The South Bay Irrigation District Representative to the San Diego County Water Authority and the City of National City Representative to the San Diego County Water Authority shall appear before the Sweetwater Authority Governing Board at its regularly scheduled meeting the second Wednesday prior to the regularly scheduled monthly meeting of the San Diego County Water Authority, of-eachmonth, and at special Board meetings as may be called, to brief the Board on matters of interest and importance which appear on the San Diego County Water Authority Board of Directors agenda. B. Such briefing shall be for the purpose of discussing such matters of interest and importance as well as receiving direction from the Sweetwater Authority Board on representing the Sweetwater Authority's interest at the San Diego County Water Authority. The South Bay Irrigation District Board member shall hold office on the San Diego County Water Authority Board of Directors for a term of six years, aR{or such portion thereof until h: or she resigns and his or her successor is appointed and qual-ifiedthe successor's Cr dentials are acce.ted. The Board may appoint the same Representative to be his or her Reviewed and ReAapproved on: 10/13/99 - 1 - POLICIES & PROCEDURES FOR THE GOVERNING BOARD REPRESENTATIVES TO THE SAN DIEGO COUNTY WATER AUTHORITY Policy 607 o4n successor after his or her term expires. When an appointed Representative leaves the San Diego County Water Authority Board d4ring a -his or her term, the date established for that term remains the same, and the Board of Directors of South Bay Irrigation District shall appoint a new appointee to serve the unexpired portion of the term. If a Director "holds over" after the expiration of a term and an appointment is made, it is to be the unexpired portion of the new term. The ending date for the new term is included in South Bay Irrigation District's Resolution of Appointment. Electors of the City of National City who wish to serve on Committees or as a Representatives of the City must apply to the City Council and be appointed pursuant to procedures established by the City. complete applications and be interviewed before thc City Council. Applications are considered valid for one year. The Mayor of the City of National City makes recommendations for appointments, which must be confirmed by the Ci--=y--Council The San Diego County Water Authority has a formal process for the seating of Directors and ar oath of office is administered. The General Counsel of the San Diego County Water -and legality. The matter is then calendared on the agenda fora formal Board meeting and, if the credentials ar, in order, the Board scats thc new Director on the San Diego County Water Authority Board of Directors. Reviewed and ReAapproved on: 10/13/9-9 - 2 - yr i r VI- nr%1 wtrML 1.01 1 Tr I.HLIT'VKIVIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 19 INN ITEM TITLE: N BUSINESS: Disclosure of Property Interest located within the Redevelopment Project Area; Mayor Ron Morrison PREPARED BY: Claudia G. Silva PHONE: EXPLANATION: (Ext. 4222) DEPARTMENT: APPROVED BY: Please see attached memorandums. �.MNCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Enter disclosure on the minutes. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Memorandum from Mayor Morrison -emorandum from City Attorney TO: City Manager DATE: February 22, 2011 FROM: City Attorney SUBJECT: Disclosure of Property Interest Located Within Redevelopment Project Area; Mayor Ron Morrison BACKGROUND Attached is a Disclosure of Property Interest Located within Redevelopment Project Area signed by Mayor Ron Morrison. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (thc City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. RECOMMENDED ACTION It is requested that this disclosure be entered on the minutes of the City Council and CDC at their meeting of March I, 2011. IA G.A City Attorney /gmo Attachment +r- CALIFORNIA Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate NATIONAL My e e 1 RP ORATE]] ��l\ Office of the City Attorney TO: City Manager FROM: Mayor Ron Morrison SUBJECT: Disclosure of Property Interest Located within Redevelopment Project Arca City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette DATE: February 22, 2011 Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the March 1, 2011 City Council meeting the fact that I own or have direct or indirect financial interests in the following property Located within the National City Redevelopment Project Area: 2740 K Avenue National City, CA 91950 Ron Morrison Mayor 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 GI I T VI- NAIIVNAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 20 I 'TEM TITLE: Ilow up Report and Request for Direction from City Council regarding informal policy prohibiting the sales of beer and malt beverages in Tess than six pack quantities. PREPARED BY: Martin Reeder DEPARTMENT: Devel t Svcs/Planning. PHONE: 619-336-4313 APPROVED , EXPLANATION: At the City Council meeting of January 11, 2011, the Council took up the matter of the City's informal policy prohibiting the sale of beer or malt beverages in Tess than six-pack quantities. The attached background report discusses the matter in detail. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission, and asks City Council for direction. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended that Council strengthen the existing informal policy. Ayes: Alvarado, Baca, Farias, Flores, Pruitt, Reynolds Absent: DeLaPaz ATTACHMENTS: Background Report BACKGROUND REPORT As you will recall, Council had taken up the issue of potentially amending the City's informal policy of prohibiting the sale of beer or malt beverages in Tess than six-pack quantities. The City Attorney's Office had suggested that the best course of action would be for the Council to adopt a formal written policy in order to provide clear notice to the public of the policy and to give guidance to the Planning Commission. Before deciding the matter, the Council requested that the Planning Commission provide their input; the Commission discussed the matter at their February 7, 2011 meeting. Three options were presented to the Planning Commission regarding the issue. They were: 1. Take action to relax or eliminate the current informal policy prohibiting the sale of beer in small quantities. 2. Take action to strengthen, to the extent possible, the current informal policy. 3. Allow the current informal policy to remain in effect. At the meeting, Commissioners stated that they did not support the sale of beer in Tess than six-pack quantities, particularly for businesses in close proximity to schools. They also stated that the City needs to strengthen and formalize the existing informal policy, providing a written standard for businesses selling alcohol for off -site consumption. A representative for the Institute for Public Strategies (IPS) spoke in support of the City strengthening their position on prohibiting the sales of beer in less than six packs. They also stated that IPS had conducted a review of the 47 off -sale establishments in the City, and found that several businesses were in violation of their Conditional Use Permits by selling smaller than six-pack quantities, specifically prohibited by their Conditions of Approval. The Commission voted to recommend to the City Council that action be taken to strengthen the current informal policy, by having a written policy that the sale of beer in less than six-pack quantities be prohibited (Option number 2). COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 21 ITEM TITLE: uest from MANA de San Diego to use MLK (North and South rooms, plus parking lot), Kimball oenior Center, and Kimball Recreation Center, from May 13-14, 2011 for their 'Dia de La Mujer Latina Health Festival". This is the 51h year they've held the event, and anticipate 500 attendees (estimated 70% NC residents). Applicant is requesting full or partial waiver of fees. PREPARED BY: •Brenda E. Hodges PHONE: X4290 EXPLANATION: See attached DEPARTMENT: Cni APPROVED BY: Services _ __ __ __JCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize use of all facilities and parking lot as requested, with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Explanation licant's Letter dated 1/7/11 Use Application/Insurance Explanation The applicant is requesting use of MLK (entire facility, plus parking lot), Kimball Senior Center, and Kimball Recreation Center. Fees and notes are listed below for each facility. No TUP is required for this event. Their previous grant funding from the Susan G. Komen Foundation is no longer available. They are looking for other sponsors to underwrite the cost of the event, and are requesting a full or partial waiver of fees from the City. Martin Luther King Community Center (entire facility and parking lot) • Request: Fri 5/13: 1 p-5p for set-up. Sat 5/14: 6a-8p for event. Total: 18 hrs • Parking Lot: I've left messages for the Longshoremen's Union regarding the possible parking lot closure, but to date have not heard back from anyone. Worst case is we can close the parking lot beyond their reserved spaces. • Access: we will issue an Access Card for the duration of this event. • Fees: Use of MLK: $2110.68 Kitchen: $50.00 Bldg Use Fee: $50.00 Set Up/CleanUp: $176.00 Parking Lot Closure $282.30 Chairs: $225.00 Tables: $30.00 Total: $2923.98 • Two deposits are required for this event ($100 cleaning, $60 kitchen). Kimball Senior Center • Request: Sat 5/14: 8a-1 p for event. Total: 5 hours • Access: CSD Staff will come in to open/close the facility • Fees: Use of KSC: $351.00 Bldg Use Fee: $50.00 CSD Staff: $55.00 Set Up/CleanUp: $88.00 Chairs: $90.00 Tables: $4.00 Total: $638.80 • A $100 cleaning deposit will also be required. Kimball Recreation Center • Request: Sat 5/13: 8a-5p for event. Total: 9 hours • Access: CSD Staff will come in to open/close the facility • Fees: Use of KRC: $211.05 Bldg Use Fee: $50.00 CSD Staff: $22.00 Set Up/CleanUp: $44.00 Chairs: $7.50 Tables: $2.00 Total: $336.55 • A $100 cleaning deposit will also be required. Total Fees Facility Use: Refundable Deposits: $3899.33 $360.00 Policy This request is in compliance with Policy 801 governing the use of Martin Luther King Jr. Community Center, and Policy 803 governing the use of the Recreation Centers. DE SARI DIEGO January 7, 2011 Brenda Hodges Director of Community Services City of National City, Community Services Department 140 East 12th Street, Suite B National City, CA 91950 Dear Ms. Hodges: MANA de San Diego is a non-profit, Latina organization and our mission is to empower Latinas through education, leadership development, community service and advocacy. One of our programs is the San Diego Dia de la Mujer Latina Health Festival which will take place on Saturday, May 14 from 9am-5pm. This event serves the health needs of the underserved Latino community in San Diego and is coordinated by members and volunteers in partnership with local health agencies and programs. The health festival offers the following FREE screenings for more than 400 attendees: breast exams/mammograms, cholesterol/glucose testing, bone density tests and many more. Our partners include La Maestra Health Clinic, Family Health Centers of San Diego, Breast Cancer Network of Strength, Shiley Eye Center and more. We are writing to submit an application for use of the Martin Luther King Community Center, including the parking lot, Kimball Recreation Center and the Kimball Senior Center. The MLK Center will be used for the free health screenings and the parking lot is the location for the mobile medical unit and booths which will offer health information. The Kimball Recreation Center will be used for free childcare so the women are free to receive as many screenings as possible. The senior center will be the location of the MANA "Hermanitas" mentorship program's health seminar. The goal of "Hermanitas" is to develop successful and responsible young Latinas ages 12-18 enrolled in middle and high school, while also lowering the Latina high school dropout and teen pregnancy rates and encouraging the pursuit of higher education. The students will have the opportunity to fulfill their community service requirement by volunteering at the health fair. This will introduce Hermanitas to health care and allow them to gain first-hand knowledge of the roles and responsibilities of health care professionals. Finally, since our Hermanitas participants are all from low-income families, they will be encouraged to invite their mothers to the health festival so that they could participate in the event and receive free screenings for any health issue they felt needed attention. Board of Directors Marissa Bejarano President Myrian S. Coronel V.P. of Programs Irma M. Velasco Vice President Patty Staples Treasurer Linda Sierra Secretary Rafael Castellanos Marissa Dragoo Connie Hernandez Lucy Hernandez Lisa A. Rhodes Evelya Z. Rivera Rosa M. Robles Aracely Rodriguez Mary Sales Nora Vargas wwvJ,manasd.org ph: 519 297 3115 fx: 619.297.0990 2515 Camino de, 8ia South, Suite 226, San C ego, CA 92108 manasd5 monasd.arg MANA respectfully requests a waiver of fees for the health festival due to a cutback in funding from the Susan G. Komen Foundation. We are currently looking for other sponsors to underwrite the costs of the health fair. In return, the City of National City will be highlighted in event's printed flyer and program, and MANA de San Diego newsletter. We are also working with the City of National City's Vice Mayor, Alejandra Sotelo Solis, to process the sponsorship request. MANA de San Diego's vision is to foster a community of advocates working together to create a higher quality of life for everyone. Education at all levels; in areas of professional growth, health, environmental awareness and community service benefit not only the Latina, but her family and community. Thank you in advance for your time and consideration. Sincerely, Sala Salgado. Programs Manager ,Nnvt.manasd.org ph: 619 297 0115 fx: 619 297 0996 2515 Camino del Rio South, Suite 228. San Diegc. C2_92' 28 ma asn:r:manasd.org vtiw" vJ J ► J ,- CAbkF.Ofi u. tmcon pg@$F Ftl The City of National City Facility Use Application 140 E. 12th Street, Ste. B National City, CA 91950 (619) 336-4290 Fax(619)336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle Martin Luther King Jr. Buildin North Room South Room RECEIVED JA MMtiN$TY SERVICES DEP N 4TJN 1. Girt, CA Date(s) of Use: /m .4. .5-11 /11 Day(s) of Use: DAk/ /5/V( Time of Use: From: f / 4 AM/PM To: AM/PM - INCLUDE SET-UP & CLEAN UP TIME g btle,EyD D I A DE- L.r M tt3 Lk — of Function/Activity: (AP 1.4 4-1-WeLDI it$TW'M-1s the event open to the public? 7 'Name & Address of Organization/Group: 14F -A O _ 1\11)1C(RO S (�P,t4 NL D Y 331�. fro C 1 1-,to K Non- profit organizatio es No Tax ID # 3 OE 2 -I D to O Anticipated Maximum Attendance: ) Percentage of National City Residents -70 (90 Will Admission be charged? IV ° Amount $ Will this be a Fund Raising Event? Equipment Requested: 1/00 # of chairs 3D # of banquet tables Stage Podium/Microphone Use of Kitchen: ✓ Yes No Is the Use of Alcohol Requested? 1\11) Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Name: Name: ctAIL' vy etc t f� \ tl i210 9 **PLEASE ATTACH SEATING DIAGRAM** Use of Gas for Range and Oven: Yes ✓ No Yes No Phone: Phone: _,y Y - Q Old 4,AL r rP\1 ✓VwV9n o How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: PRINT NAME: PC- SPV/ Mr Cab SIGNATURE: ADDRESS OF APPLICANT: G,itl-1 t t..o b4 .- ¥ ?AV-114 31 Lig CITY, STATE,: c. AND ZIP CODED 40 a r PHONE: DAY 1A.' )• O AX NUMBER: (di •pa�7 1T -t iq CONTACT PERSON ON THE DAY OF THE EVENT: Otrt A SKI,Wico HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. PHONE: (P )— b►I' CELL: 46 -)1/3 ) bb' AN \ tJ Et) Litt, : 011-0 - 4.2r Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned_ Check Key issued: YES NO 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of S1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: M 1P 3 1�,^No Person in charge of activity: by .{-aPc00 Address: 2AIS e.:4" -4 llv1ZA • 5 Z Zg Telephone: lO 1 — :7 — D1 IS- E-Mail: - S MGV S d, City Facilities and/ or property requested: -(L (S\I-(►.1CS,KAIttl 1✓t►-t �Ykt i St<. C -- Date(s) of use: S/f3 C/'y/i/ HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the • ermit b the permit or its agents, employees or contractors. Sig ' ature of applic i nt Date Certificate of Insurance Approved by IU(11I. 'atuh"`esde it Name and Titl Safety/ Security Please describe your procedures for crowd control and internal security: `GC=ZJL iI e k.l f \J t,J`c L.b11:L L S E., VI) U.«IliS%,S j j .j-] ,LP ,.t i-r { Ci1tthoo YES v NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: P(' Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please List: Security Organization: Security Organization Address: Security Director (Name): Phone: Community Services Department 140 East 12"' Street, Suite B, National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 www.nationalcityca.gov Applicant Information (Please be sure to print in blue or black ink) Today's Date: / �/ / Name: b I PS A 06 Organization: LI ANN 5Pti\J '151 Uc Address: .„:L) (.ttk Doi (� �t1d �SbuT\ �i� iT "2_ - 5 City/ State/ Zip: < L(\0ON 0 Phone: (PO •1%IlTh Contact: i91---(1 Please check all that apply: El Toyon Park Sweetwater Heights Park El Toyon Rec. Ctr. Casa De Salud Field / Facility / Park Requested Kimball Park Las Palmas Park Camacho Gym Please circle appropriate activity: Astrojump Softball* Swimming Other Meeting Room o ey Pool imball Senior Centre V Activity cho Rec. Ctr Nutrition Center Athletic Field rental* Baseball* Football* Basketball* Tennis* Soccer* Picnic *If reserved for league play, you must submit a team roster with addresses within 10 working days. Amount: Date Paid: / / Initials: Field / Facility Information / 11 /20 I I to 5/ H /20 1 Dates requested: Days of the Week and Hours requested Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday From: SA+ j To: IPAt Total number of participants at your event % of participants National City residents Revised I1 / 2010 —ram AA; aits34-41.41*, : 50 —I) : 50 w t—S ni t t � C0✓k As1,44 . 1J�' .V.50 -'Y :5 c 1 � '�,o�.cs+. IV' Community Services Department 140 East 12th Street, Suite B, National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 www.nationalcityca.gov Field / Facility Request Form Checklist Requesting Organization: Name: Please initial all sections of this checklist: Field / Facility Request Form Current Insurance Certificate Current Audited Financial Statement Current Roster Data (By 2od Game of Season) Hold Harmless / Indemnification Current Organization's Bylaws Preliminary Roster Data Received Copy of City Council Policy 801 Public Property Use hold HIarmless and Indemnification Agreements Person's requesting use of City property, facilities or personal are required to provide a minimum of $1,000,000 Combined single limit insurance for bodily injury and property damage which include the city, it's officials, agents And employees named as additional insured and to sign the Hold Harmless Agreement, Certificate of Insurance must be attached to this Permit. As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City Of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability, or damages for any personal injury, death or property damage, or both , or any litigation and other liability, including attorneys fees and the cost of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the perrnitee or its agents, employees or contractors. Signature: ave read and completed the above form to the best of my knowledge Date: / / / )/ Community Service Department SWf Use Only Verified By: eAk .. 410dt Q PRINT NAME Signature: Date: I / L / LI FOR DEPARTMENT USE ONLY PARK DIVISION APPROVAL: YES NO DA'l'E: / 1 COMMUNITY SERVICES APPROVAL: YES NO DATE: / NOTE; ALCOHOLIC BEVERA•GESs/SMOKING BANNED IN ALL FIELDS / FACILITIES/ PARK Revised 1112010 11. 7\ NIA—_.) Community Services Department 140 East 12th Street, Suite B, National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 www.nationalcityca.gov Applicant Information (Please he sure to print in blue or black ink) Today's Date: / - / / Name: uD1� JGIOrganization'-'A de - Address: (.P4-tt ( t\A) p�cL g i3 Z 2 1) City/ State/ Zip: S V 1 �` C 2= 0S Phone: L/0 , Y1 7 -Oi E'ontact: v ` SK-1\ Pc0 Field / Fa•cility / Park Requested Please check all that apply: El Toyon Park Kimball Park Las Palmas Park Sweetwater Heights Park Camacho Gym Pool El Toyon Rec. Ctr. Kimball Rec.Ctr Camacho Rec. Ctr Casa De Salud Kimball Senior Centre Nutrition Center Activity Please circle appropriate activity: Astrojump Meeting Room Athletic Field rental* Baseball* Football* Softball* Volleyball* Basketball* Tennis* Soccer* Picnic Swimming Other *If reserved for league play, you must submit a team roster with addresses within 10 working days_ Amount: Date Paid: / / Initials: Field / Facility Information Dates requested: / f / /20 it to 5- / /c/ /20 // Days of the Week and Hours re nested Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday From: gA t'I To: S19t-I Total 9 number of participants at your event lkVYL ti r'R d.t'T / 2010 / 11y .E —1a9 I D 7, % of participants National City residents Community Services Department 140 East 12'h Street, Suite B, National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 www.nationalcityca.gov Field / Facility Request Form Checklist Requesting Organization: t. AAJ4 14 C1t O.Ilil Name: SD 6. S ^''� ,f Date: 1 / •i 7/ % Please initial all sections of this checklist: Field / Facility Request Four' Hold Harmless / Indemnification Current Insurance Certificate Current Organization's Bylaws Current Audited Financial Statement Preliininary Roster Data Current Roster Data Received Copy of City Council Policy 801 (By 2" a Game of Season) Public Property Use Hold Harmless and Indemnification Agreements Person's requesting use of City property, facilities or personal are required to provide a minimum of $1,000,000 Combined single limit insurance for bodily injury and property damage which include the city, it's officials, agents And employees named as additional insured and to sign the Hold Harmless Agreement, Certificate of Insurance must be attached to this Permit As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City Of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability, or damages for any personal injury, death or property damage, or both , or any litigation and other liability, including attomeys fees and the cost of litigation, arising out of or related to the use of public property or to the activity taken under the pennit by the permitee or its agents, employees or contractors. Signature: I have read and omplpleted the above form to the best of my knowledge Date: I ,D") I �� Community Service Department StP_' Use Only Verified By `Z rS Date: / 17 / PRINT NAME Signature: FOR DEPARTMENT USE ONLY PARK DIVISION APPROVAL: YES NO DATE: COMMUNITY SERVICES APPROVAL: YES NO DATE: / / NOTE; ALCOHOLIC BEVERAGES / SMOKING BANNED IN ALL FIELDS / FACILITIES/ PARK Revised 11/2010 l5 ACORD.: CERTIFICATE OF LIABILITY INSURANCE OA7E (MMIDDIYYYYJ 12,08i2010 PRODUCER (858) 569-8100 Bill Corse Insurance Agency Y g cy 14 Murphy Canyon Rd. #A154 V San Diego CA 92123- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED MANA de San Diego 2515 Camino Del Rio South #228 San Diego CA - INSURER A NonProfits Ins Alliance INSURERE wstAeRc INSURER D H.t$URER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR;AO0 . LTR,INSRD TYPE OF INSURANCE j POLICY NUMBER !POLICY EFFECTIVE POLICY EXPIRATION 1 DATE (MMIODJYY) DATE (MM+DO/YY) ' LIMITS A GENERAL LIABILITY I ). _____ ,2,‹.:_ SET,E4.AL _PS --"Al _ I X_ - CC;R'. 2010-139BD ! / / / / I EACH OCCLRRENCE IS 1,000,000 DAMAGE TO RENTED °REVISES(_e seur•,en.-e, 5 500, 000 , 01/29/2010 01/29/2011 NE- EXP,(A-,enecersaI 5 20,000 ' PERSO!.PL& AD': INJURY S 1,000,000 E lT.POL ES PERT _ X .._ 4c, LQ I / / / / 3ENERAL AGGREGATE _ 2,000,000 PRC SNOTS - COMP'OP AGG S 2,000,000 / / / / AUTOMOBILE LIABILITY _..__ __ __ . _ _ .__ _ a / / / / CCMENED SINGLE a MIT (Ea accede $ S / / ,' / / BODILY i`:.;URY (Per person S / / / / ! BODILY INJURY (Per axde-p S / / / / ' PROPER"" DAMAGE (Per amuse=r) 5 GARAGE LIABILITY i AUTD ONLY • EA, ACCIDENT $ / / / / OTHER THAN EA ACC • A UT„ ONLYAGG S EXCESS/UMBRELLA LIABILITY _ - __ : _ = - .r: S MADE . -- / / / / ' EACH OCC'dRRE�10E 5 :AGGREGATE $ 5 / / / / WORKERS COMPENSATION AND I EMP"_OTERS' LIABILITY "' -" .e SPES A_ :R _ : ',..0' � Leo.. - I AC STATU- I IO7-i- / / / / I TORY _I -- - I I ER E . EACH ACCIDENT S / / / / E _ DIS:ASE • EA FOVPLC"EE S I E _ DISEAS_. POLICY LnS.T S OTHER / / / / CESCRIPTICN OF OPERAT ICNSLOCATIONSNEHICLES1EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE HEALTH FAIR (140 EAST 12TH STREET NATIONAL CITY, CA 91950) COVERAGE SUBJECT TO TERMS AND CONDITIONS OP THE POLICY. CERTIFICATE HOLDER CANCELLATION ( CITY OF NATIONAL CITY 140 E. 12TH STREET SUITE B NATIONAL CITY CA 91950-3312 ACORD 25 (2001(00) •- INS025 -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 010 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TQj1lg LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF NY KING UPON THE INSURER, ITS AGENT TATNES, ELECTRON uC LASER FORMS INC .•EA':132/-0515 I+ 7r i ACORD CORPORATION 1988 Fne '+i I i yr NMI IVIVHL 1.1 I T, I.HLII-VKNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM Na 2 ITEM TITLE: '.VIPORARY USE PERMIT -- The San Diego Brotherhood Lions Club America Going Green recycling event at Kimball Park on April 23, 2011 from 9:30 a.m. thru 5 p.m. with no waiver of fees.' PREPARED BY: Vianey Rolon DEPARTMENT: Neighd Services Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from The San Diego Brotherhood Lions Club, in association with Am rihan Buisness Expo and Kool Climate Kids, to conduct the American Going Green recycling event on April 23, 2011 at Kimball Park. This is a recycling event which focuses on the educational awareness for the community with sustainable projects that exist in National City and the County of San Diego through recycling projects that EDCO, Kool Climate Kids, and Greenview Charter High Schools put together. This event will have several "villages" which constitute awareness in certain sustainable projects from water, waste, recycle, wood, aluminum, and biodegradables. Thirty 10x10 canopies will be set up, food vendors included, and a stage for musical entertainment focused on "Green" music. Security will be provided by Lions Club members and volunteers. Small signs and directional finders will be set up for parking areas. ruriANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, $200.00 for Fire inspections, and $38.13 for NPDES inspection. Total fees are $475.13 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: San Diego Brotherhood Lions Club EVENT: America Going Green DATE OF EVENT: April 9, 2011 CLOA 3, 2 t)11 TIME OF EVENT: 9:30 a.m. —5:00 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 Any Vendors should be licensed. All unpackaged food sales persons should have Food Handler Cards. CITY ATTORNEY (619) 336-4220 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager POLICE (619) 336-4487 No stipulations for this event. Extra patrol will be provided. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: I) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) All cooking booths or areas to have one 2A:1 OBC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example. 7) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 8) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 9) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 1 1) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents: 0 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 a 12) All cooking booths to have one 2A:1 OBC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 13) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 14) First Aid will be provided by organization. 15) Fire Department Fees can only be waived by City Council. Approval contingent upon final field inspection and compliance with all applicable codes and ordinances PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event. Parks Supervisor, Miguel Diaz, would request that the event organizers pick up any trash and clean up after use of Kimball Park_ RISK MANAGER (619) 336-4370 - Certificate of Insurance showing the City of National City - Additional insured endorsement naming the City of National City as an additional insured DEVELOPMENT SERVICES (619) 336-4380 The Development Services Department has the following comments on the American Going Green event: A NPDES inspection (Cost: $38.13) needs to be conducted prior to the event, and installation of a litter fence is required. Additionally, questions from the Traffic Engineer (previously submitted concerning parking for residents of Morgan Towers, and if parking agreements are in place with Walmart and south Bay Plaza have not yet been addressed. 3 America Going Green - Kimball Community Park - April 9, 2011 San Diego Brotherhood Lions Club City of National City 1242 National City Blvd Special Events Division Ms. Vianey Rolon, vrolonAnationalcityca.2ov (619) 336-4364 Temporary Use Permit Application: America Going Green Presented by: San Diego Brotherhood Lions Club American Business Expo Kool Climate Kids (619) 865-5904 / (619) 321-7698 SandiegobrotherhoodlionsclubAgmail.com pr(a)americanfestival.us Contacts: Mike Hagstrom (619) 865-5904 Clando Brownlee Jr (619) 321-7698 America Going Green - Kimball Community Park - April 9, 2011 . San Diego Brotherhood Lions Club EVENT INFORMATION Type of Event: _ Public Concert Parade Motion Picture Fair Demonstration Grand Opening XX Festival Circus Other XX Community Event Block Party Event Title: America Going Green Event Location: Kimball Community Park l2th Street & "D" Avenue, National City, CA 91950; At the Towers (Senior Citizen Home Living) 1415 "D" Avenue National City, Ca. 91950 Event Date(s): From April 9, 2011 to April 9, 2011 Total Anticipated Attendance: 750 Month/Day/Year (100 Participants) (650 Spectators) Actual Event Hours: 9:30 am to 5:00 pin Setup/assembly/construction Date: April 9, 2011 Start time: 7:00 am Please describe the scope of your setup/assembly work (specific details): Dismantle Date: April 9, 2011 Completion Time: 8:00 pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. No request for any road closure for this event. 5 America Going Green - Kimball Community Park - April 9, 2011 . San Diego Brotherhood Lions Club APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: San Diego Brotherhood Lions Club For Profit XX Not -for -Profit Chief Officer of Organization (Name) Clando Brownlee Jr. Applicant (Name): Micheal Haastrom, Secretary and CEO of American Business Expo Address: 2519 Prospect Road National City, California 91950 Daytime Phone: (619) 865-5904 Evening Phone: (619) 321-7698 Fax: (858) 729-1807 Contact Person "on site" day of the event: Micheal Hagstrom and Clando Brownlee Jr. Pager/Cellular: (619) 865-5904 / (619) 321-7698 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENTAND IMMEDIATELY AVAILABLE TO CITY OFFICIALS FEES/PROCEEDS/REPORTING Is your organization a "Tax Exempt, nonprofit" organization? XX YES — NO Are admission, entry, vendor or participant fees required? XX YES NO If YES, please explain the purpose and provide amount(s): All attendance into the event is FREE. All participants into the event are also FREE. All vendors minus non-profit organization (Exempt) have a fee. The fee that the vendors arc obligated to are the insurance costs, city fees, security, county health fees, advertisement, and staff. $ 11 500.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 9,952.00 Estimated Expenses for this event. $ 400.00 (ABE); $400.00 - $800.00 (Opportunity Drawing) What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? The event company will be providing a $400.00 donation for the SD Brotherhood Lions Club. Also, an so America Going Green - Kimball CommmPark - April 9, 2011 . San Diego Brotherhood Lions Club "Opportunity Drawing" will be conducted at the event. And lastly, membership drive and volunteer corps for the Lions Club and Kool Climate Kids in benefiting the community needs. i.e. handicap ramps recycle drives and any other needs that get presented prior to the event. OVERALL EVENT DESCRIPTION ROUTE MAP/SITE DIAGRAM/SANITATION Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles. animals, rides or any other pertinent information about the event. The event is focused on an educational awareness for the community with sustainable projects that exist in National City and the County of San Diego, recycling projects that EDCO and Kool Climate Kids and Greenview Charter High Schools andlor any other profitable and non-profit companies and organization have for the community to take advantage of or institute in their lifestyle in their home or business. The event will have several villages that consistute awareness in certain sustainable projects from water, waste, recycle, wood, aluminum, biodegadable (wood, leaves and etc.) The Villages: I .) Eco 2.) Environmental 3.) Sustainable 4.) Green 5.) Organic 6.) Climate 7.) Recycle 8.) Energy Saving 9.) E-waste Zone _ YES XX NO If the event involves the sale of cars, will the cars come exclusively from America Going Green - Kimball Community Park - April 9, 2011 . San Diego Brotherhood Lions Club National City car dealers? If NO, list any additional dealers involved in the sale: Question. First the event or any of it's sponsor are not selling any vehicles. But we will contact ALL the Car Dealers in National City if they want to be involved with their"Green Vehicles Programs" they have by either demonstrating the new electric vehicle or bio vehicles or any other sustainability motor transportation. OVERALL EVENT DESCRIPTION CONTINUED YES XX NO Does the event involve the sale or use of alcoholic beverages? YES XX NO Will items or services be sold at the event? If yes, please describe: The event will request any Green companies (Non-Proft or Profit) to be a vendor. They will (AI1) be notified about obtaining a "City of National City Business License Application" "Form FIN'220, 11/08" and a one-time Day Fee of $50.00 and all checks are made out to: City of National City. {www_nationalcityca.gov go to: Business andthen click "License Application} This -only applies if they do not have a business license for National City. Primarily most vendors will be crafters of green products green services and any other scope of sustainability products and services. _ YES XX NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XX YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Note: see attached Exhibit "A" (Site Map) XX YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 10 X10 *Have contacted the Fire Department regarding regulatory requirements with placement of any Canopies or tents. NOTE: A separate Fire Department permit is required for tents or canopies. YES XX NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout Anterica Going Green - Kimball Community Park - April 9, 2011 . San Diego Brotherhood Lions Club and set-up locations for the following items: NO Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. YES Food Concession and/or Food Preparation areas Please describe how food will be served at the event: For the most part; food merchants and vendors who want to be involved in a special event have a certain restriction and regulation of requirements that the County of San Diego Department of Environmental Health Food and Housing Division Temporary Event Phone: (619) 338-2363; Duty Specialist Phone: (619) 338-2379; Duty Specialist E-mail: fhdutyeh(a?,sdcounty.ca.gov. Also another avenue in getting the application and requirements are also located at on web portal page: http://sdcounty.ca.gov/deh/food/food.html *Please see attached Exhibit "B" (Food Vendor Application) If you intend to cook food in the event area please specify the method: XX GAS ELECTRIC XX CHARCOAL OTHER (Specify): YES Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 Three (1 for every 250 people is required, unless the applicant can show that there are facilities in theimmediatearea available to the public during the event) YES Tables and Chairs NO Fencing, barriers and/or barricades YES Generator locations and/or source of electricity Note: The event will be powered with Solar Generators YES Canopies or tent locations (include tent/canopy dimensions) Note: See attached Exhibit "A" (Site Map -Floor Plan) YES Booths, exhibits, displays or enclosures Note: See attached Exhibit "A" YES Scaffolding, bleachers, platforms, stages, grandstands or related structures Note: See attached Exhibit "A" YES Vehicles and/or trailers America Going Green - Kimball Community Park - April 9, 2011 San Diego Brotherhood Lions Club See attached exhibit "C" (Parking Plan) YES Other related event components not covered above See attached "Exhibit D" (Check in and Check Out) and Exhibit "E" (TUP Event Notification Procedures) YES Trash containers and dumpsters Note: See attached exhibit "A" (Site Map) (Note: You must properly dispose of waste and garbage throughout the term of you're event and immediately upon conclusion of the event the arca must be returned to a clean condition.) Number of trash cans: 40 Trash containers with lids: 40 Note: 40 additional recycle containers. Describe your plan for clean-up and removal of waste and garbage during and after the event: Kool Climate Kids organization will be conducting two (2) hour cleanup and supervision for the 40 trash containers and 40 recycle containers. The waste and/or residue from the event will be disposed of by a Waste Management trash bin. Note: the volunteers will be demonstrating what is waste and what recyclable. By group involvement from schools in the local area and organization. SAFETY/SECURITY/ACCESSIBILITY Please describe your procedures for both Crowd Control and Internal Security: The event is focused on an educational premise and No Alcohol, Loud Music, or large attendance. This will be the First Annual event at this location. Majority all first event are small and very non -confrontational. We will have several Lions members and volunteers for internal security needs if required. to America Going Green - Kimball Community Park - April 9, 2011 .San Diego Brotherhood Lions Club YES XX NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Note. As of this date in submitting the application for review and council approval we have not contracted any professional security organization until "Permit is issued and Approved" Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES XX NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Yes, two (2) location will be specified for First Aid Stations and also one (1) certified CPR staffing and assistance threw volunteers. The equipment at the site will be first aid kits, information. Outside Contact List: American Medical Response 2333 Euclid Avenue National City, CA 91950-6165 (619) 472-1865; National City Police Emergency 911, 24-Hour Police Non- Emergency (619) 336- 4411; Fire Department (619) 336-4550; and Kimball Recreation Center (619) 336-6754 148 East 12th Street Please describe your Accessibility Plan for access at your event by individuals with disabilities: The event will have volunteers provided for Disabled or need individuals outside the. event. Further, on the Program Guide a Floor Plan of the event will be available for access designated for handicap needs. *Accessibility is often used to focus on people with disabilities or special needs and; their, right of access to entities, often through use of assistive technology. This, is about making things accessible to all people (whether they have a disability or not). An alternative is to provide "indirect access" by having the entity support the use of a person's assistive technology or human support to achieve access. America Going Green - Kimball Community Park - April 9, 2011 . San Diego Brotherhood Lions Club PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: Note see exhibit "C" (Parking Plan) Please describe your plan for DISABLED PARKING: Will have several signs in the area notifying the community the designated Handicapped Parking slots from a three block radius. Note: see attached exhibit "C" (Parking Plan) PARKING PLAN/MITIGATION OF IMPACT Please describe your plans to notify all residents, businesses and churches impacted by the event: Note: see attached exhibit "E" (Exhibit "E" (TUP Event Notification Procedures) NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ENTERTAINMENT/ATTRACTIONS AND RELATED EVENT ACTIVITIES YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Note: As of today, we are entertaining the idea with children podium stage and music for church organization and two alternative music bands focused on "Green" music. Number of Stages: One (1) Number of Bands: Two (2) Type of Music: Alternative and Folk Music. Low sound high Green message music. Anierica Going Green - Kimball Community Park - April 9, 2011 • San Diego Brotherhood Lions Club YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 12:00 pm Finish Time 3:30 pm XX YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 11:00 am Finish Time 1:30 pm Please describe the sound equipment that will be used for your event: Amplified system with Two (2) speakers and Backline and engineer_ YES XX NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: XX YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Several mini signs with directional finders of the event. Several horse signs for Handicapped parking ONLY. Several Signs informing the Public of Alternative Parking. Two Signs (2) across the Street "D Avenue for the EDCO Electronic` Recycling Program" Two (2) informing the Public were are the First Aid Stations are located. One sign allocating were the Recycle Proararn is located for the San Diego Brotherhood Lions Club and Kool Climate Kids recycle goods (Old Eye Glasses, Aluminum). No "Special Lighting will be at this event. Banners will be at the Front two (2) entrances. Vendor(s) List: As of today: we do have a mini list but not confirmed. No advertisements will be conducted until city council and the city approval for this event to be scheduled for April 9, 2011 (Saturday) at Kimball Community Park. t3 America Going Green - Kimball Community Park - April 9, 20i1 San Diego Brotherhood Lions Club City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold llarmless Agreement. Certificate of insurance must be attached to this permit Organization: San Diego Brotherhood Lions Club and American Business Expo Person in Charge of Activity: Micheal Hagstrom and Clando Brownlee Jr. Address: 2519 Prospect Road. National City, California 91950 Telephone: (619) 865-5904 / (619) 321-7698 Date(s) of Use: April 9, 2011 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Micheal Hagstrom President, American Business Expo Secretary, SD Brotherhood Lions Club January 19, 2011 Official Title Date For Office Use Only Certificate of Insurance Approved Date 1,4 America Going Green - Kimball Community Park - April 9, 2011 San Diego Brotherhood Lions Club REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? XX Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization: San Diego Brotherhood Lions Club Type of Organization: Service Club (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds to the sponsoring organization? XX Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. XX No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? XX Yes (Please provide an explanation and details. The event will have outside merchants and non -profits outside of the National City Business. They will be required to pay a one time City of National City Business License for the event. Further, possibly outside county companies who will utilize the cities Hotels, Eating Establishments, Rental companies, staff and Parking, No (Please proceed to Question 6) 1�J America Going Green - Kimball Community Park - April 9, 2011 San Diego Brotherhood Lions Club 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? XX Yes (Please provide an explanation and details. Our organization is an established Lions Club for the city of National City. San Diego Brotherhood Lions Club. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: XX No (Please sign the form and submit it with the TUP Application) Signature January 19, 2011 Date tip America Going Green - Kimball Community Park - April 9, 2011 San Diego Brotherhood Lions Club Exhibitor Information • Load In — Starts at 6:30 am and ends at 9:30 am. Time to unload will be 15 minutes in the loading zones. We will be there as early as 2 am if you need more time to set up. Late arrivals will be charged $75 to enter. There will be people getting prepared and everyone will be trying to unload at the same time. Drive carefully, follow the traffic person directions and start early so you do not have to rush. • Load Out — 5 pm to 8 pm. Park closes at 10 pm • Parking — There are a limited number (70) of single parking spaces available but for only the attendees. Please refrain from using the parking around the event. Recommendation at least two to three blocks from the event. No exceptions. The following parking structure are available for parking. o Public parking is located in the City National Plaza Garage ("J-2") located at 400 South Flower Street at the corner of 4th & Flower. The garage is open 24 hours a day and is patrolled by security for your safety and convenience.http://www.cnp- la.com/building/parking.htm o The Holiday Inn South Bay - San Diego is a newly renovated hotel located just five miles South of Downtown San Diego, and the Convention Center. http://www.holidayi n n. com/hotels/us/en/national-city/sansb/hoteldetail 0 • Please make sure that your SIGNED ,your exhibitor application (—in the to exhibit and registration tab— htto://www.americanfestival.net ) has been faxed and your payment has been received. You will not be let in without it. A $75 additional fee will be charged if it needs to be done at the gate entrance. • Be aware if you do not have a National City Business License you are required to apply at the city (National City). "City of National City Business License Application" "Form FIN 220, 11/08" and a one-time Day Fee of $50.00 and all checks are made out to: City of National City. {www.nationalcityca.gov go to: Business and then click "License Application} This only applies if they do not have a business license for National City. Checks payable to: City of National City • Bring your own tents (Not to exceed 10X10), tables and chairs. If you intend not to cover your booth bring sun -block lotion and hats as you will be outdoors all day. • A downloadable PDF of the floor plan (check to see if your booth number has changed since you signed up) is at http://www.americanfestival.us. In the Exhibitor Event Layout tab — click on the picture of the floor plan for the latest version. • If you are interested in advertising in the handout program you can contact us at pr@americanfestival.us or Micheal (619) 865-5904 for half or full page ads prices. The price for your logo and brief bio. Send your logo (3.5x3.5 inch is about 700x700 pixel JPG, GIF or PNG) and brief info (25 words) to Advertising(aamericanfestiva.us 4- Anrerica Going Green - Kimball Community Park - April 9, 2011 San Diego Brotherhood Lions Club • Please provide what items you may be contributing for the Opportunity Drawing so we can post that your company is helping. • Only certain areas will have electrical provided. Generally within 200 feet of the solar array (booth 120). If you need electrical contact Micheal 619 865-5904. You will need to bring at least 50 feet of your own electrical cords (12 to 14 gauge) that are not frayed. • Hotels that we have Googled are: o http:t/www.expedia.com/Ilotels?action=hotelPackageWizard( searchHotelOnly& packageType=HOTEL ONLY&hotelPackageWizard hotelPackageWizardContr of inpPackageType=HOTEL ONLY&hotelPackageWizard hotelPackageWizard Control hotelWidgetControl hotelSearchRegionControl hotelRegionTypeContro 1 inpRegionfypc=CITY&hotelPackageWizard hotelPackageWizardControl hote 1WidgetControl hotelSearchRegionControl cityControl inpCity=San+Diego+C A&hotelPackageWizard hotelPackageWizardControl hotelWidgetControl hotel SearchRegionControl cityControl inpCityRegionld=178304&hotelPackageWiza rd hotelPackageWizardControl hotclWidgetControl roomInputWidget hotelRoo mCountInput=l&hotelPackageWizard hotelPackageWizardControl hotelWidget Control room InputWidget adultCountlnput=2&hotelPackageWizard hotelPacka geWizardControl hotelWidgetControl roomInputWidget childCountInput=0&is AdditionOptionExist=0&eapid=13556&semcid=13556- 1 &kword—son%20diego%20hotelllsb=0&st=0&nm-0&ar=800122&am=x&sd=m ni add./yy&ed=mm/"dd/yy&ad-2&pg=0 o http://sandiego.citysearch.com/listings/92101/hotels/22864?what=hotels o http://travela.pricehne.com/hotel/listings.do?selectedTab=2&key=g0nww60cy&isk =2003010a1fl)3010a20091011142811842fl 1528372&plt=PCLH o http://www.cheaptickets.com/App/ViewliotelSearchResults?null&retrieveParams =true&z—cec4&r=2x&z=cec6&r=2z&I astPage=interstitial o http://entertainment.signonsandiego.com/search/hotels/ • If you will be giving out food or promotional items for attendees to bring them into your booth, you may want to bum candles (in glass containers) with aromas that will attract them. Smell is a strong subliminal sense. Also make sure you meet the spills requirement listed below in the park regulation section. The County of San Diego Department of Environmental Health Food and Housing Division Temporary Event Phone: (619) 338-2363; Duty Specialist Phone: (619) 338-2379; Duty Specialist E- mail: flldutyeh@,sdcounty.ca.gov. Also another avenue in getting the application and requirements are also located at on web portal page: http:fisdeounty.ca.govideh/food/food.html • There will be Staff and security roaming the expo at all times. Please address your questions or needs with the staff • You are responsible for the cleanup of your booth. Please leave it as you found it. We want to he welcome at the next expo in 2012. America Going Green - Kimball Community Park - April 9, 2011 • San Diego Brotherhood Lions Club Park Regulations • Tents may be secured with weights but no stakes are to be driven into ground. • No stages, platforms, flooring without notification to park authorities • The park prohibits the dumping or discharge of any liquid or debris into storm drains and also prohibits the rinsing or washing of parking lots, sidewalks or equipment. You must prevent pollutants from reaching the storm drains. Spills must be cleaned up immediately with absorbent materials and the spent absorbent materials properly disposed before the site is vacated. • You are responsible for leaving the park and its contents in the exact condition in which you found them. All materials from the construction of your booth must be picked up and disposed of. This includes nails, screws, other hardware, zip ties, bottle caps, trash and litter. When left in the park, these items in particular constitute a hazard to public safety as well as to grounds maintenance equipment. It is your responsibility to inform all staff and subcontractors of this requirement. You are responsible for reimbursing the park for any additional cleanup that must be performed and for any damage to the park pr it's contents and facilities as a result of your booth. • Large vehicles damage sidewalk pavement and valve covers and are more prone to collisions with trees, light poles and drinking fountains. For this reason, no vehicle larger than a one -ton pickup truck may be used in the park (beyond parking lots) for the event setup or breakdown or to support vendors or displays. • The water supply in the park is not potable, except at drinking fountains, and should not be used for food preparation. • San Diego County Environmental Health Services Department issues permits for food vendors at special events if you plan to sell food. If you give it away there is no permit required. You shall ensure all residual cooking grease and oil are removed from the site and disposed of properly (not placed in site trash dumpsters). Absorbent pads will be placed under all cooking vessels. You shall ensure that no grease and oil run onto the landscape, hardscape, sidewalks, parking lots and roads. • Smoking (Meaning Tobacco) is prohibited at park or beach. No person shall dispose of any cigarette, cigar or tobacco in any place where smoking is prohibited, except in a designated waste disposal container. • The use of large or motorized attractions (such as Ferris wheels), climbing walls, throwing games and dunk tanks is prohibited in the park and parking lots. Unless the city qualifies your company to be permitted for the Kimball Park. tct CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 23 iM TITLE: . ,v1PORARY USE PERMIT — Wounded Warrior Project Soldier Bicycle Ride through National City on March 25, 2011 requested by the Wounded Warrior Project organization with a request for waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh•, o•,► Services Division APPROVED BY: This is a request from the Wounded Warrior Project organization to conduct a bicycle ride which will pass National City in order to raise awareness and enlist the public's aid for the needs of injured service members. Thirty (30) wounded warriors plus 25-50 cyclists from the community will participate in this event, including a lead van to haul with bike supplies. The event route starts off in San Diego (on Kettner Blvd). In National City, cyclists will enter on E. Harbor Drive, toward W. 8th Street, head southeast on E. Harbor Drive toward Civic Center Drive, turning right at Civic Center Drive, and heading south onto Tidelands Avenue. The cyclists continue onto Marina Way, going northeast and then onto W. 32nd Street. street closures are requested and cyclists will abide by all traffic laws. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing the TUP. Total fees: $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Annlication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Parade Motion Picture _ Fair Festival Demonstration Circus Grand Opening Other _ Community Event _ Block Party Event Title: Wounded Warrior ect - Sold for Ridgy Event Location: ba\ISIOOre. N kZWai RIM*, (see c ached map) Event Date(s): From 3/25J1t to 3 25J (I Total Anticipated Attendance 50- 100 nthroayfY r 60-((!(participants) ( Spectators) Actual Event Hours: 1 0/pm 10 Or. am pe Setup/assembly/construction Date: Start time: -- Please describe the scope of your setup/assembly work (specific details): Dismantle Date: — Completion Time: am/pm List any street(s) requiring closure as a result of this event Include street name(s), day and time of closing and day and time of reopening_ Sponsoring Organization: VYoun()Qfi U`L n) Pqt Chief Officer of Organization (Name) For Profit V Not -for -Profit Applicant (Name): A era -Rawer) Address: i07.0 Ac( k,yY}ne(' kwy ,Sure too Daytime Phone: FM) &E-4323Evening Phone: ( ) Fax: (atQ 51oI b Contact Person "on site" day of the event: Aroe.\a \\ nrne) Pager/Cellular: 1411" UW- 30 3 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? V YES _ NO If YES, please explain the purpose and provide amount(s): 21 O " Or cornmuni cildis $ rl dQ, 1fl $ Wounded Warrior 11 Rtceresi o -to-the Estimated Gross Receipts includirifj ticket, product and sponsorship sales from this event_ $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. • rou-t, map ached • ,fib wounded wamors Ous 25 -50 cAptiSlis -rn-k Cc rfUni • Niek1iC1es" lend van, tk,haut w%l'+n bik , shies YES V NO If the event involves the sale of cars, will the cars come exclusively from OW National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES VNO Does the event involve the sale or use of alcoholic beverages? _ YES V NO Will items or services be sold at the event? If yes, please describe: VYES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES LNO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES 'NO Does the event involve the use of tents or canopies? if YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies- _ YES jL NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: ti j 0., If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): • Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition_) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: none. YES INO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES V'NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what`arran ement you have made for providing First Aid Staffing and Equipment. C(n trncfi W i 9jt8% .Pcid 8e&V tceF 0o Am t1ecp 4Tthi,. Plea e describe your Accessibilit Plan for access a your event b individuals wi h disabilities: t •. ' t •�rl ate' _ . ' I.nd and aCCessib\e p ax1/44 Please provide a detailed desc tion of your PARKING lan: n�a woricn9 wiin cbrk non plan: Please describe your plwi for DI§4BILED PARKING._ j� n 0) -11\la C v vat et &to e-10 4 Please describe your plans to notify all residents, businessesseand churches impacted by the event: \Ok ^ �{QIsaibI eirn-r i l � Ua. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES INO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music Number of Stages: Number of Bands: Type of Music: YES VNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES V NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES AO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES VNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 For office 'Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Wounded Warrior "Pite,ct Person in Charge of Activity A90,0„ l}trnmen Address 1020 AC S \fl V Pkw t &Jae. too "Tooksonviik, FL 32250 Telephone t(-1-2q(o-1 5o Date(s) of Use F(d(1) March 25, 2otl HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. 310 Signature Applicant Ccordino or, &die- Ride. k la) 2ott ntt,- l rr o Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? JYes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Ifqf)U.nl'k wax Project-, Type of Organization N()1- (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? / . Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? ✓ Yes (Please provide an explanation and details. Womdied Warri oY Neck, ms and vsica and -the, cou , includin So re Cati mia, g No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. Y No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. ✓ No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Iii No (P lease sign the form and submit it with the TUP Application) otem,9n0 11112.011 Signatuf Date 9 TEMPORARY USE PERMITS CLASS A USES OR ACTIVITIES CITY COUNCIL APPROVAL REQUIRED 1. Auctions conducted outdoors by charitable or philanthropic organizations (one per year). 2. Balloon rides or races. 3. Block or holiday parties where streets are closed to traffic. 4. Camivals, circuses, traveling shows and midways pursuant to City Ordinance No. 1227. 5. Exhibitions (i.e. boxing, wrestling, etc.) 6. Fairs, bazaars, exhibits or trade shows conducted outdoors or in temporary structures. 7_ Farmer's markets (temporary) 8. Inflatable signs 9. Helicopter landings (temporary) 10. Las Vegas nights conducted by non-profit organizations. 11. Live domestic animal rides. 12. Membrane structures (tents) complying with the California Codes. 13. Musical concerts or festivals of all types conducted outdoors or in temporary structures. 14. Outdoor pet shows. 15.Outdoor stages or platforms for sales promotions, events or grand openings and similar activities. 16. Parades, bicycle tours, walks, runs and similar activities on city streets. 17. Photography or filming on public or private property that requires street closures and or traffic control in excess of three minutes, or that involves stunts or special effects that may require city services. TEMPORARY USE PERMITS 18_ Political activities conducted outdoors or in temporary structures. 19. Special lighting displays for advertising. 20.Temporary vehicle display areas conducted outdoors or in temporary structures. 21.Temporary office trailers used for a temporary office in conjunction with a used car lot. Duration two years. 22. Uses or activities exceeding the duration in Section 15.60.040 of the NCMC. TEMPORARY USE PERMITS CLASS B USES OR ACTIVITIES ISSUED BY THE BUILDING AND SAFETY DIRECTOR 1. Photography or filming on public or private property that does not involve street closures and/or traffic control in excess of three minutes and does not involve stunts or special effects that may require city services. 2. Office trailers used for a construction office on an active construction site. Allowed for the duration of the construction. 3. Office trailers used for temporary offices or classrooms after a building permit is used for a permanent building on the site. Allowed for a duration of one year. 4. Off -site storage yards for contractor's materials and equipment used on Public Works projects. Allowed for the duration of the project. 5. Sales offices in a model unit or home in condominiums or subdivisions. Allowed for a duration of one year. 6. Sales offices (temporary office trailer) at condominiums or a subdivision. Allowed for a duration of six months. TEMPORARY USE PERMITS CLASS C USES OR ACTIVITIES BUSINESS LICENSE REQUIRED 1. Christmas trees lots or pumpkin patches. 2. Garage sales. Allowed for a duration of four (4) days. No more than two (2) events are allowed per calendar year. 3. Outdoor fire sales. Allowed for a duration of fifteen (15) days at the site where the fire occurred. 4. Rummage sales conducted by local charitable or philanthropic organizations. 5. Special promotions, outdoor sales or displays. Allowed for a duration of three (3) days. No more than two (2) per calendar year with a minimum of thirty (30) days between activities. 6. Temporary relocation of a business to a private or public owned non- residential property when displaced by a Public Works project. NOTE: Uses or activities exceeding the duration a specified on the business license shall require the approval of the City Council. PRIOR TO COMENCING: 1. Obtain a business license from the Finance Department. 2. Obtain applicable permits from the Building and Safety Department. 3. Request applicable inspections from the Building and Safety Department. �3 ,� Ra® CERTIFICATE OF LIABILITY INSURANCE DAIL(MM/2011 Y) 01I,Pf2U11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER_ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER non Risk services, Inc. of Florida 13901 Sutton Park Drive South Suite 360 - Buildi nu C Jacksonville FL 32224 USA CONTACT NAME - PHONE (MNo. Eat): (904) 724 2001 FAX No} (904) 223-1155 E-MAIL AD^RP PRODUCER 570000043282 CUSTOMER ID #: INSURER(S)AFFORDING COVERAGE NAIL # INSURED wounded warrior Project, Inc. 7020 A.C. Skinner Pkwy Suite 100 Jacksonville FL 32256 USA INSURER A Philadelphia Indemnity Ins co 18058 INSURERDt - INSURER C: INSURER D. INSURER E: INSURER F: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADO[ INSR SUER WVD POLICY NUMBER POLICY LEE ((MMIDD/YYYY17 POUCY EXP fMNI/00/YTYY1 LIMITS A GENERAL X LIABILITY COMMERCIAL GENERA LIABILITY CLAIMS -MADE ` I OCCUR PHPK547173 General Liability 03/31/2010 03/31/2011 EACH OCCURRENCE $1,000,000 DAMAGE TORENTED PREMISES (Ea occurrence) $1OB,U°0 MED EXP (Any one person) PERSONAL A ADV INJURY $1,000,000 GENE GENERAL AGGREGATE S2,000,000 AGGREGATE LIMI I AP F POLICY II PRO JECT LIES PER. LOC PRODUCTS - COMP/OP AGG $2,000,000 A AUTOMOBILE X - LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS PHPK547173 Automob i l e 03/ 31/201003/31/2011 COMBINED SINGLE LIMIT (Ea acodenh $1, 000,000 BODILY INJURY (Pel person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) A X - - UMBRELLA UAB EXCESS LIAB X OCCUR CI AIMS -MADE PHu8307298 umbrella SIR applies per policy terns 03/31/2010 & condi 03/31/2011 .ions EACH OCCURRENCE S10,000,000 AGGREGATE $10,000,000 X DEDUCTIBLE RETENTION $10,OWO WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR / PARTNER I EXECUTIVE OFFICERIMEMBFR EXCI COED, ( I (Mandatory in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OT14 TORY LIMITS ER E.L. EACH ACCIDENT E L DISEASE -EA EMPLOYEE FL DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) wounded Warrior Project Soldier Ride- San Diego -Honor Ride, March 25, 2011. City of National City and its officials, employees, agents and volunteers are included as Additional Insured as required by written contract, but limited to the operations of the CERTIFICATE HOLDER CANCELLATION (icy of National City 1243 National City Boulevard National City CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS_ AUTHORIZED REPRESENTATIVE ` �fL? .4 93‘ ACORD 25 (2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : CO N U c 'Ic 7 o 0 I"- r o.r h r c 7 rc C c or r0 C co 0 c O e- 0- • C (0 r CO o' or e oC C C t`CS ICS LO o• o CO C • C Or 0- Is C nr 0 CI O Ir Cr r- I or r r O C oc r— ts • c r e r• C r- r` « 1,4 ACORD® AGENCY CUSTOMER ID: 570000043282 LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY Aon Risk Services, Inc. of Florida POLICY NUMBER see certificate Number: 570041438689 CARRIER see certificate Number: 570041438689 ADDITIONAL REMARKS NAIC CODE NAMED INSURED Wounded Warrior Project, Inc. Page 1 of 1 EFFECT/YE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: Insured under said contract, per the applicable endorsement with respect to the General Liability policy. CORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i5 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Wounded Warrior Project Bicycle Ride EVENT: Wounded Warrior Project Bicycle Ride DATE OF EVENT: March 25, 2011 TIME OF EVENT: 9:O0am to 2:00pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Development Services Department has no comments on this TUP. RISK MANAGER (619) 336-4370 Provide Additional insured endorsement naming the City of National City as an additional insured. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the camp areas are to he maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Depai Intent must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents: 0 -- 400 sf - $0 401 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (A-) sf - $400.00 9) First Aid will be provided by organization. 10) Fire Department Fees can only be waived by City Council. PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event FINANCE (619) 336-4341 Finance has no special stipulations. The organization should have a BL but I am sure that they are non-profit and if they submit proof of that there will be no charge. Just need to fill out the app POLICE (619) 336 4411 I made contact with the organizer and we will provide extra patrol of the event. There are no stipulations from the PD. I I Y UI- NAI IUNAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011' AGENDA ITEM N024 EM TITLE: Patrick's Day Parade use of antique fire apparatus R-1 (1925 Seagraves Pumper). (Fire) PREPARED BY: Walter Amedee DEPARTMENT: Fir PHONE: 619-336-4556 APPROVED BY: _ EXPLANATION: In compliance with City Council Policy 111, NCFD would like to respectfully request use of R-1 for participation in the 31st Annual Saint Patrick's Day Parade. Fire Service Parade Staging will begin at 09:30 AM on 6th street between Juniper and Ivy in the City of San Diego. Parade kicks off promptly at 10:30 AM; R-1 will return to National City immediately following the Parade. We have retired NCFD Fire Engineer Chuck LaFave driving to and from the Parade and the cost to the City of National City will be limited to the associated fuel cost. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The cost to the City of National City will be limited to the associated fuel cost. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends allowing the NCFD to use R-1 at the Saint Patrick's Day Parade. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 'ego Firdightes aid • cie Cordially invites Firefighters, Families and Friends to attend the elebrating Irish Culture' Saturday, March 12th, 2011 Please come join the Emerald Society kick off Parade Day at our Annual Firehouse Irish Breakfcist The Pioneer Hook & Ladder Firehouse Museum 1572 Columbia Street — 6:30 AM 09:30 AM Following the morning festivities the Fire Service will lead off the Parade with a fleet of apparatus and the crowd favorite Ila WE - ch of 'the Fix Afterthe parade stickaround to enjoy live Irish music and the family festival! Fire Service Parade Staging @ 9:30 AM Staging location is @ 6th Street between Juniper & Ivy Parade kicks off at @ 10:30 AM promptly Marching Attire is Class A or B Fire Department Uniform COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 ITEM TITLE: AGENDA ITEM NO. 25 ,quest from Consulate General of Mexico to borrow 35 tables and 70 chairs for their Financial Education Workshop to be held at Southwestern College in National City on March 5, 2011. Applicant is requesting a fee waiver.. PREPARED BY: Brenda Hodges, CSD Director DEPARTMENT: PHONE: X4290 APPROVED BY: EXPLANATION: See attached ...JANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend approval with no waiver of fees BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Explanation EXPLANATION A free financial literacy event is being planned at Southwestern College of Higher Education Center in National City, on March 5, 2011 from 10am-2pm. The event is being coordinated by the Consulate General of Mexico, in conjunction with representatives from the National City Chamber, Sweetwater High School, Southwestern College, Univision, SD County Office of Education, the City of National City, and the Institute de los Mexicanos en el Exterior. The event will offer general information on a variety of subjects geared toward financial education; the types of services that are available, and who to turn to for help or more information. A tentative workshop flyer and schedule are attached. All sessions will be conducted in Spanish. Two Public Works staff members will deliver the equipment on Thursday 3/3/11 before 2:30, and will pick it back up on Monday 3/7/11 (during normal working hours, at regular pay). Fees are as listed below, however the applicant is requesting a fee waiver. Custodial: $88.00 4 hr x $22/hr (regular time) Chairs: $52.50 70 x $.75 each Tables: $35.00 35 x $1.00 each Total: $175.50 City Policy Sections in City Council Policy #803 and #805, titled LOAN OF FACILITY EQUIPMENT (tables, chairs, electronic, musical or kitchen equipment), state that "normally, this type of equipment supporting a City facility is not available for `borrowing' or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council, and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff." Standard rates have been calculated above. Liability The tables and chairs will be delivered to (and stored by) the National City Higher Education Center. NC HEC has agreed that they will assume liability for any lost or damaged City equipment. "Ven a Conocer Como Hacer Rendir Mejor Tu Dinero" FERIA DE EDUCACION FINANCIERA Sabado 5 de Marzo de 2011 10:00 AM - 2:00 PM Tendremos Talleres enfocados en los proximos temas: Estrategias para asegurar tu dinero; recursos para financiar tu educacion o la educacion de tu familia; como abrir un negocio y apoyar a tu comunidad; y como hacer tu declaration de impuestos. Lugar: Southwestern College Higher Education Center in National City & South County Regional Education Center 800 National City Blvd., National City, CA 91950 (mapa al reverso) Para mayor Informacion (619) - 308 9925. SWEETWATER UNION HIGH SCHOOL DISTRICT LAN DIEGO COUNTY OFFICE OF EDUCATION eztk, aares ) Talleres con Information HORA 11:00 11:25 11:30 11:55 12:00 12:25 12:30 12:55 TALLER PARA NINOS SALON1 Educacion del Uso del dinero pare Ninos de 3 a 12 ann. Junior Achievement Educacion del Uso del dinero pare Ninos de 3 a 12 anos. Junior Achievement Educacion del Uso del dinero pars Ninos de 3 a 12 anos, Junior Achievement Educacion del Uso del dinero para Ninos de 3 a 12 anos. Junior Achievement MANEJO S GURO ;AREA ;1 SALON 2 Que es et: Credit° Wells Farad La Importancia del credito y comb mejorarlo. Springboard Como abrir una cuenta, acceder y manejar una tarjeta de Credito. BBVA Como abrir una cuenta, acceder y manejar una tarjeta de Credito. Bank of America SALON 3 Cpmo comprar case,.en Mf�Xico. Hlnotecaria pencomer Fondo.pare el Social Security Administration El arte de hater un presupuesto. VISA Credito hipoteoarlo en Estados Uhidos, JJAHREP SALON 4 ,iiiComeimbterferi repursos pera estUdtar en'E"stados tiritd s. Como' obtener recursos para estudiar en EstadosUrtid0s Southwestern College`' Credito:para compra de un auto, Mission c'redit;Union Como comprar case en Mexico. Hlooteoaria Banco/Tier INVERSION EN NEGOCIO AREA 3 SALON 5 Financiamiento para pequenas empresas en Estados Unidos. ACCION SAN DIEGO Promocion de Proyectos Productivos Patrimoniales SEDESOL Negocio en Mexico Paisano Invierte en tu tierra FIRCO-SAGARPA Como abrir un negocio SCORE 1:00 1:25 1:30 1:55 Educacion del Uso del dinero pare Ninos de 3 a 12 anos. Junior Achievement Educacion del Uso del dinero pare Ninos de 3 a 12 anos. Junior Achievement Seguros de Salud. Health Net Fondo pare el .Retire, SaCititSepu' ' Administration' OreditO pare compra de un auto.' sibn'Credit Union Promocion de Proyectos Productivos Patrimoniales SEDESOL Negocio en Mexico Paisano Invierte en tu tierra FIRCO-SAGARPA Utilization de la Matricula Consular Consulado General de Mexico y Departamento de Policia de National City VI I I '.Jr I4M! I\JI9ML VI I I, 4...ot1LI11-.IRIIIIM COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2010 AGENDA ITEM NO. 26 'TcM TITLE: nmunity Development Block Grant selection methods in anticipation of the potential reduction in the annual entitlement appropriation to the City of National City from the U.S. Department of HUD for Fiscal Year 2011-2012 (Community Development, Housing and Grants) PREPARED BY: Carlos J. Aguirre DEPARTMENT: Community Development PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: The U.S. Department of HUD is anticipating a reduction in the appropriation of Community Development Block Grant funds to the City of National City of at least 7.5%. In order to facilitate the grant selection process, staff is providing City Council with alternative methods of selecting candidates for CDBG funds. Please see the attached for a description of three alternative selection methods. FINANCIAL STATEMENT: APPROVED: co, A Finance ACCOUNT NO. This item has no financial impact. APP VED:""� �`" X G' MIS This item has no financial impact. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Review the alternate selection methods provided and provide further direction to staff. BOARD ! COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Possible CDBG Selection Methods Attachment #1 CDBG Selection Methods Listed below are three possible methods of selecting Community Development Block Grant applications for funding in anticipation of a potential reduction in the annual entitlement appropriation to the City of National City from the U.S. Department of HUD for Fiscal Year 2011-2012: A) Proportional Decrease Method This method simply cuts all programs funded over $20,000 in proportion to the cut made to the actual funding allocation. It is the simplest method but does not guarantee that projects will receive the funding necessary to be adequately completed. B) Rank then Decide Method First, City Council will rank all application in the public service and non public service sections separately. Planning and Administration will be funded with 20% of the annual allocation. The City Council will decide how much is allocated to Neighborhood Councils and the Fair Housing Program and the remainder from 20% of the allocation will be appropriated to CDBG Program Administration. Then, City Council will recommend funding by order of rank of applications within three rounds as is the usual recommendation process until City Council assigns all funds estimated for public service and non-public services, respectively. If a remainder is less than the award recommended for the next application to fund by rank, the funding will be applied to a specific application selected by the City Council. C) Decide then Rank Method First, the City Council will go through the list of applicants in three rounds as is the usual recommendation process until they assign funds estimated for public service and non-public service respectively. The City Council will decide how much is allocated to Neighborhood Councils and the Fair Housing Program and the remainder from 20% of the actual allocation will be appropriated to CDBG Program Administration. Then, City Council will rank all selected applications in public service and non-public service, respectively. Once the appropriation is released by the U.S. Department of HUD, the funding will be applied from highest to lowest rank. If a remainder is less than the award recommended for the next application to fund by rank, the remaining funds will be applied to a specific application selected by the City Council. CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 27 EM TITLE: esolution of the Community Development Commission ("CDC") of the City of National City authorizing the Chairman to execute a Sewer Loan Repayment Agreement by and between the CDC and City of National City for a portion of the r epaecnent of the Sewer Fund loan used for street resurfacing. (Tax Increment Fund). PREPARED BY: Barby Tipton DEPARTMENT: Development ices Engi ivi on PHONE: 4583 APPROVED B EXPLANATION: The Redevelopment Plan for the Community Development Commission of the City of National City ("CDC") is authorized to expend tax increment funds for public improvements, including but not limited to street improvements. On June 22, 2010, City Council adopted Council Resolution 2010-148, authorizing an expenditure from the Tax Increment fund for repayment of a Sewer Fund loan in the amount of $771,250 (including interest), where the proceeds were used for street resurfacing. The loan will be repaid with the first payment due on June 30, 2011 and with a payment due on the same date each of the next two consecutive years, for a total of $771,250.00. The 4th and 5th payments will be from Prop. A funds. FINANCIAL STATEMENT: APPROVED. 4 -^ Finance ACCOUNT NO. This Agreement will provide for three consecutive payments to the Sewer Fund; $11,250 on June 30, 2011, $340,000.00 on June 30, 2012 and $420,000 on June 30, 2013 ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution Staff recommends approval of the agreement BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Proposed Agreement. LOAN AGREEMENT FOR FY 2010-2011 STREET RESURFACING IMPROVEMENT PROGRAM THIS LOAN AGREEMENT (this "Agreement") is entered into this 1st day of March, 2011, by and between the CITY OF NATIONAL CITY (the "City") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "Commission"), with reference to the following facts: A. The City Council of the City of National City (the "City Council") adopted the Redevelopment Plan for National City Redevelopment Project on July 17, 2007 by Ordinance No. 2007-2295 (the "Redevelopment Plan"), which results in the allocation of a portion of the property taxes generated from the National City Redevelopment Project (the "Project Area") to the Commission for purposes of redevelopment. B. The intent of the Redevelopment Plan is, in part, to provide for the construction and installation of necessary public infrastructure and facilities and to facilitate the repair, restoration and/or replacement of existing public facilities and to perform specific actions necessary to promote the redevelopment and the economic revitalization of the Project Area; to increase, improve and preserve the community's supply of low and moderate income housing; and to take all other necessary actions to implement the Redevelopment Plan and to expend the Commission's share of property taxes (referred to as "tax increment") to accomplish the goals and objectives of the Redevelopment Plan. C. The Commission has adopted its Five -Year Implementation Plan for the Project Area, as amended from time to time (collectively, the "Implementation Plan") with established goals to support affordable housing, economic development, community revitalization, commercial revitalization, and institutional revitalization. To implement the programs and activities associated with each goal, the Commission has made redevelopment fund commitments and budget allocations based on estimated available tax increment revenue and debt financing structures. D. Pursuant to its Resolution No. 2010-148 (the "Resolution"), the Commission agreed to provide partial funding for the City's Street Resurfacing Improvement Program for fiscal year 2010-2011 to repair curbs, gutters, sidewalks, driveways, and pedestrian crossings, and provide traffic striping and signage in the Project Area (the "Program"). The Resolution authorized the expenditure of SEVEN HUNDRED SEVENTY ONE THOUSAND TWO HUNDRED FIFTY DOLLARS and 00/100 ($771,250.00.00) of tax increment funds to reimburse the City's interim loan from its Sewer Funds to complete the Program as the Commission's contribution to the cost of the work associated with the Program (said amount referred to as the "Commission's Funding Obligation".) E. Pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "CRL"), certain public bodies, including the City may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects. Consistent with said provisions, the City and Commission agreed to carry out the Loan Agreement Page 1 of 6 Program in accordance with the objectives and purposes of the Redevelopment Plan and the Implementation Plan. The Commission expressed its desire for assistance and cooperation in the implementation of the Program, particularly as it pertained to the Project Area portions of the infrastructure in question. The City agreed to aid the Commission and cooperate with the Commission to expeditiously implement the Program in accordance with the Redevelopment Plan and the Implementation Plan and undertake and complete all actions necessary or appropriate to ensure that the objectives of the Redevelopment Plan and the Implementation Plan are fulfilled within the City's fiscal year 2010-2011 as promised to the Commission. F. In considering the Commission's desire to ensure timely implementation and completion of the Program, the Commission wishes to enter into this Agreement with the City for the funding from of net available tax increment ("Net Tax Increment"), as defined, below, to finance the Commission's Funding Obligation. The purpose of this Agreement is to facilitate the implementation of the Projects and to provide funding necessary to effectuate the completion of the Projects with Net Tax Increment in this current fiscal year and forthcoming fiscal years. G. "Net Tax Increment" is defined as any tax increment generated from the Project Area, net of any amount required by the CRL to be set aside for purposes of increasing, improving or preserving the City's supply of low and moderate housing, any amounts paid to affected taxing agencies whether by statute or agreement and any amounts paid to the State of California or the County of San Diego as required by statute or agreement, existing debt service payments, and existing contractual obligations received by the Commission or any lawful successor of the Commission and/or to any of the powers and rights of the Commission pursuant to any applicable constitutional provision, statute or other provision of law now existing or adopted in the future. The pledge of Net Tax Increment shall constitute obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations set forth in this Agreement will be contractual obligations that, if breached, will subject the Commission to damages and other liabilities or remedies. H. The City Council and the Commission by resolution have each found that the use of Commission redevelopment funding for the improvement of critical infrastructure within the Project Area scheduled in the Program is in accordance with Section 33445 of the CRL and other applicable law. The said City Council and Commission resolutions are each based on the authority of the Commission, with the consent of the City Council, to pay all or part of the cost of the installation and construction of any building, facility, structure, or other improvements which is publicly owned within the Project Area, if the City Council makes certain determinations. H. By approving and entering into this Agreement, the Commission has approved certain obligations, including the pledge of Net Tax Increment to pay for the Commission Funding Obligation. I. The obligations of the Commission under this Agreement shall constitute an indebtedness of the Commission for the purpose of carrying out the Redevelopment Plan for the Project Area. NOW, THEREFORE, the parties hereto do mutually agree as follows: Loan Agreement Page 2 of 6 I. INTRODUCTORY PROVISIONS The recitals above are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement. II. COMMISSION'S OBLIGATIONS 1. The Commission agrees to pay to the City the Commission Funding Obligation for the Program as authorized by the Resolution. The Commission Funding Obligation shall be evidenced by a Promissory Note (the "Note") substantially in form attached hereto as Exhibit 1. The Commission's obligations under this Agreement, including without limitation the Commission's obligation to make the payments to the City required by this Agreement, shall constitute an indebtedness of the Commission for the purpose of carrying out the redevelopment of the Project Area and are obligations to make payments authorized and incurred pursuant to Section 33445 of the CRL and other applicable statutes. The obligations of the Commission set forth in this Agreement are contractual obligations that, if breached, will subject the Commission to damages and other liabilities or remedies. 2. The obligations of Commission under this Agreement shall be payable out of Net Tax Increment, as defined in the above recitals and/or as defined or provided for in any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, levied by or for the benefit of taxing agencies in the Project Area, and allocated to the Commission and/or any lawful successor entity of the Commission and/or any entity established by law to carry out any of the redevelopment plans for the Project Area and/or expend tax increment or pay indebtedness of the Commission to be repaid with tax increment, pursuant to Section 33670 of the CRL or any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, in amounts not less than those set forth in the Note. 3. The indebtedness of Commission under this Agreement shall be subordinate to the rights of the holder or holders of any existing bonds, notes or other instruments of indebtedness (all referred to herein as "indebtedness") of the Commission incurred or issued to finance the Project Area, including without limitation any pledge of tax increment revenues from the Project Area to pay any portion of the principal (and otherwise comply with the obligations and covenants) of any bond or bonds issued or sold by Commission with respect to the Project Area. 4. All payments due to be made by the Commission to the City under this Agreement shall be made by the Commission in accordance with the schedule set forth in the Note and as otherwise necessary to reimburse the City for the cost to the City of performing its obligations hereunder. City shall provide Commission with reports accompanied by evidence reasonably satisfactory to the Commission's Executive Director that the City is making progress toward the satisfactory completion of the Program. III. CITY'S OBLIGATIONS Loan Agreement Page 3 of 6 1. The City shall perform all of the work for the Program. Any funds tendered by the Commission pursuant to this Agreement shall be devoted by the City to (i) payment for the portion of the Program work performed in the Project Area in an amount not to exceed the Commission's Funding Obligation or (ii) reimbursement to the City fund or funds from which the funding for the Program work in the Project Area was secured by the City. 2. It is the responsibility of City to pay all development and construction costs in connection with the Program from City funds and the sole obligation of the Commission under this Agreement shall be as set forth in Section II, above and further evidenced by the Note. 3. The City shall perform its obligations hereunder in accordance with the applicable provisions of federal, state and local laws, including the obligation to comply with environmental laws such as CEQA before undertaking each Project, and shall timely complete the work required for the Program, as provided in the Program. IV. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code section 895.2. V. ENTIRE AGREEMENT; WAIVERS; AND AMENDMENTS 1. This Agreement shall be executed in triplicate originals, each of which is deemed to be an original. This Agreement consists of six (6) pages and one (1) exhibit, which constitute the entire understanding and agreement of the parties. 2. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement. 3. This Agreement is intended solely for the benefit of the City and the Commission. Notwithstanding any reference in this Agreement to persons or entities other than the City and the Commission, there shall be no third party beneficiaries under this Agreement; provided, however, that City may, with the consent of Commission, which shall not be unreasonably withheld, assign City's rights and obligations, in whole or part, under this Agreement to any third party. Loan Agreement Page 4 of 6 4. All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representatives of the parties. VI. SEVERABILITY If any term, provisions, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. VII. DEFAULT If either party fails to perform or adequately perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non -defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non - defaulting party will have all the rights and remedies available to it at law or in equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract. The rights and remedies of the non -defaulting party enumerated in this paragraph are cumulative and shall not limit the non -defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non -defaulting party against the defaulting party. All notices of defaults shall clearly indicate a notice of default under this Agreement. VIII. BINDING ON SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. SIGNTi_IRES ON NEXT PAGE SPACE LEFT INTENTIONALLY BLANK Loan Agreement Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Attest: CITY OF NATIONAL CITY By: By: Attest: Mike Dalla Ron Morrison City Clerk Mayor COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: By: Brad Raulston, Secretary Ron Morrison, Commission Chair APPROVED AS TO FORM: By: Claudia G. Silva City Attorney APPROVED AS TO FORM: Kane Ballmer & Berkman By: Susan Y. Cola Commission Special Counsel Loan Agreement Page 6 of 6 EXHIBIT 1 [behind this page] 0.75% Interest $771,250.00 PROMISSORY NOTE TO THE CITY OF NATIONAL CITY National City, California Date: March , 2011 FOR VALUE RECEIVED, the REDEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (the "Commission" or "Borrower") hereby promises to pay to the CITY OF NATIONAL CITY, a California general law city (the "City" or "Lender") the principal amount of SEVEN HUNDRED SEVENTY ONE THOUSAND TWO HUNDRED FIFTY DOLLARS and No/100 Cents ($771,250.00) (the "City Loan") together with interest on the unpaid principal balance from time to time outstanding at an annual rate of three quarters of one percent (0.75%). This Promissory Note ("Note") evidences the City Loan to the Commission, and is given by the Commission pursuant to the Community Redevelopment Law and that certain Loan Agreement for Fiscal Year 2010-2011 Street Resurfacing Improvement Program, dated March , 2011, by and between the City and Commission (referred to herein as the "Agreement"). The Agreement is a public record on file in the offices of the Commission and the City, and the provisions of said document are incorporated herein by this reference. 1. Definitions. Any capitalized term not otherwise defined herein shall have the meaning ascribed to such term in the Agreement. In addition, the following terms shall have the following meanings: "City Loan" shall mean the loan made by the City to the Commission pursuant to the Community Redevelopment Law and the Agreement in the principal amount of SEVEN HUNDRED SEVENTY ONE THOUSAND TWO HUNDRED FIFTY DOLLARS and No/100 Cents ($771,250.00), which is evidenced by this Note. "Community Redevelopment Law" shall mean the Community Redevelopment Law of the State of California set forth at California Health and Safety Code Section 33000 et seq. "Net Tax Increment" shall mean any tax increment generated from the Project Area, net of any amount required by the CRL to be set aside for purposes of increasing, improving or preserving the City's supply of low and moderate housing, any amounts paid to affected taxing agencies whether by statute or agreement and any amounts paid to the State of California or the County of San Diego as required by statute or agreement, existing debt service payments, and existing contractual obligations received by the Commission or any lawful successor of the Commission and/or to any of the powers and rights of the Commission pursuant to any applicable constitutional provision, statute or other provision of law now existing or adopted in the future. The pledge of Net Tax Increment shall constitute obligations to make payments authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations set forth in this Agreement will be contractual obligations that, if breached, will subject the Commission to damages and other liabilities or remedies. "Person" means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company or other entity, domestic or foreign. "Tax Increment Revenue" means the portion of property tax revenues from the increase in assessed value of real property within the Project Area that has occurred after adoption of the Redevelopment Plan for the Project Area received by the Commission to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Commission to finance or refinance, in whole or in part, its activities in the Project Area. "Tenn" of this Note shall mean the period commencing from the execution of this Note by the Commission until June 30, 2013, which execution date shall constitute the "Effective Date" of this Note. "Transfer" shall have the meaning set forth in Section 9 of this Note. 2. This Note evidences the obligation of the Commission to the City for the repayment of the City Loan. 3. This Note is payable at the principal office of the City, 1243 National City Boulevard, National City, California, 91950-4379, or at such other place as the holder hereof may inform the Commission, in writing, in lawful money of the United States. 4. This Note shall be secured by the Commission's pledge of Net Tax Increment Revenue as provided in the Agreement. 5. This Note shall bear interest at the rate of three quarters of one percent (0.75 %) per annum, simple interest, which shall begin to accrue upon the execution of the Agreement and this Note. 6. The indebtedness of the Commission under this Note shall be subordinate to the rights of the holder or holders of any existing bonds, notes and other instruments of indebtedness, and existing contractual indebtedness (all referred to herein as "indebtedness") of the Commission incurred or issued to finance its activities in the Project Area, including without limitation any pledge of tax increment revenues from the Project Area to pay any portion of the principal (and otherwise comply with the obligations and covenants) of any existing bond or bonds issued or sold by the Commission with respect to the Project Area. 7. Prior to the expiration of the third (3rd ) anniversary following the Effective Date of this Note, the Commission shall be obligated to repay the City Loan from the Commission's Net Tax Increment, by making annual installment payments in accordance with the following schedule of payments: Promissory Note -Page2of7- PAYMENT DATE TOTAL PAYMENT PRINCIPAL INTEREST June 30, 2011 $11,250.00 $0.00 $11,250.00 June 30, 2012 $340,000.00 $328,750.00 $11,250.00 June 30, 2013 $420,000.00 $411,215.63 $8,784.38 In the event that additional funds are required in order to make the Commission payments to the City required by this Note, the Conunission shall make such payments from income received by the Commission from its projects and programs or any other additional funds available to it. All payments to the City shall be applied first to interest, then to reduce the principal amount owed until the entire principal amount has been paid. 8. The entire unpaid principal balance of this Note and any accrued but unpaid interest shall be due and payable immediately in the event that there is a default by the Commission under the terms of this Note or the Agreement which is not cured within the respective time period provided herein and therein. 9. (a) Prior to the repayment in full of the City Loan, the Commission shall not assign or attempt to assign any right or interest in the Agreement (referred to hereinafter as a "Transfer"), without prior written approval of the City. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. The City shall not unreasonably withhold or delay its consent. If consent should be given, any such Transfer shall be subject to this Section 9, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. (b) Any such proposed transferee shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the City, to fulfill the obligations undertaken by the Commission in the Agreement and this Note. Any such proposed transferee, by instrument in writing satisfactory to the City, for itself and its successors and assigns, and for the benefit of the City shall expressly assume all of the obligations of the Commission under the Agreement and agree to be subject to all conditions and restrictions applicable to the Commission in this Note. There shall be submitted to the City for review all instruments and other legal documents proposed to effect any such Transfer; and if approved by the City its approval shall be indicated to the Commission in writing. (c) In the absence of specific written agreement by the City, no unauthorized Transfer, or approval thereof by the City, shall be deemed to relieve the Commission or any other party from any obligations under the Agreement. (d) In the event of a Transfer prior to the time the City Loan is paid in full, without the prior written consent of the City, the remaining principal balance of the City Loan and all accrued but unpaid interest shall be immediately due and payable. (e) As used herein, "Transfer" includes the transfer, assignment, hypothecation or conveyance of legal or beneficial ownership of any interest in the Commission, or any conversion of the Commission to an entity form other than that of the Commission at the time of execution of this Note. Promissory Note - Page 3 of 7 - (f) The City shall not unreasonably withhold, condition or delay its approval of any matter for which its approval is required hereunder. Any disapproval shall be in writing and contain the City's reasons for disapproval. 10. Subject to the provisions and limitations of this Section 10, the obligation to repay the City Loan is a nonrecourse obligation of the Commission. Commission officials, employees, agents and attorneys shall not have any personal liability for repayment of the City Loan. The sole recourse of City for repayment of the City Loan shall be the exercise of its rights against the security for the City Loan. Provided, however, that the foregoing shall not (a) constitute a waiver of any obligation evidenced by this Note; (b) limit the right of the City to name the Commission as a party defendant in any action or proceeding hereunder so long as no judgment in the nature of a deficiency judgment shall he asked for or taken against the Commission; (c) release or impair this Note; (d) prevent or in any way hinder the City from exercising, or constitute a defense, an affirmative defense, a counterclaim, or other basis for relief in respect of the exercise of, any other remedy or any other instrument securing the Note or as prescribed by law or in equity in case of default; (e) prevent or in any way hinder the City from exercising, or constitute a defense, an affirmative defense, a counterclaim, or other basis for relief in respect of the exercise of, its remedies in respect of any deposits, insurance proceeds, condemnation awards or other monies or other collateral or letters of credit securing the Note; (f) relieve the Commission of any of its obligations under any indemnity delivered by the Commission to the City; or (g) affect in any way the validity of any guarantee or indemnity from any Person of all or any of the obligations evidenced and secured by this Note. Notwithstanding the first sentence of this paragraph, City may recover directly from the Commission or from any other party: (a) Any damages, costs and expenses incurred by the City as a result of fraud or any criminal act or acts of the Commission or any member, officer, director or employee of the Commission; (b) Any damages, costs and expenses incurred by the City as a result of any misappropriation of funds; (c) All court costs and attorneys' fees reasonably incurred in enforcing or collecting upon any of the foregoing exceptions (provided that the City shall pay to the Commission the Commission's reasonable court costs and attorneys' fees if the Commission is the prevailing party in any such enforcement or collection action). 11. The Commission waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. The Commission hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by the holder hereof, in the enforcement of this Note, the Agreement or any term or provision thereof. 12. Upon the failure of Commission to perform or observe any other term or provision of this Note, upon any event of acceleration described in Section 8, or upon the Promissory Note - Page 4 of 7 - occurrence of any other event of default under the terms of the Agreement, the holder may exercise its rights or remedies hereunder or thereunder. 13. (a) Subject to the extensions of time set forth in Section 14, and subject to the further provisions of this Section 13, failure or delay by the Commission to perform any material term or provision of this Note or the Agreement constitutes a default under this Note. (b) The City shall give written notice of default to the Commission, specifying the default complained of by the City. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. (c) Any failures or delays by the City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the City in asserting any of its rights and remedies shall not deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. (d) If a monetary event of default occurs under the terms of this Note or the Agreement, prior to exercising any remedies hereunder or thereunder, the City shall give to the Commission written notice of such default. The Commission shall have a reasonable period of time after such notice is given within which to cure the default prior to exercise of any remedies by the City under this Note and/or the Agreement. In no event shall the City be precluded from exercising any remedies if its security becomes or is about to become materially impaired by any failure to cure a default or the default is not cured within ten (10) calendar days after the notice of default is received or deemed received. (e) If a non -monetary event of default occurs under the terms of this Note or the Agreement, prior to exercising any remedies hereunder or thereunder, the City shall give to the Commission written notice of such default. If the default is reasonably capable of being cured within thirty (30) calendar days after such notice is received or deemed received, the Commission shall have such period to effect a cure prior to exercise of any remedies by the City under this Note and/or the Agreement. If the default is such that it is not reasonably capable of being cured within thirty (30) calendar days, and the Commission(i) initiates corrective action within said period, and (ii) diligently and in good faith works to effect a cure as soon as possible, then the Commission shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the City. In no event shall the City be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) calendar days after the notice of default is received or deemed received. (f) Any notice of default that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice of default that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt by Borrower; and any notice of default that is sent by registered or certified mail, postage prepaid, return receipt required shall be deemed received on the date of receipt thereof. Promissory Note - Page 5 of 7 - 14. Notwithstanding specific provisions of this Note, the Commission shall not be deemed to be in default for failure to perform any non -monetary performance hereunder where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub -contractor or supplier, acts of the City or any other public or governmental Commission or entity, or any causes beyond the control or without the fault of the Commission ("Force Majeure Event"). An extension of time for any such Force Majeure Event shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause of the Force Majeure Event, if notice by the Commission is sent to the City within thirty (30) calendar days of knowledge of the commencement of such cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Event unless and until the Commission delivers to the City written notice describing the event, its cause, when and how the Commission obtained knowledge, the date and the event commenced, and the estimated delay resulting therefrom. The Commission shall deliver such written notice within thirty (30) calendar days after it obtains actual knowledge of the Force Majeure Event. Times of performance under this Note may also be extended in writing by the City and the Commission. 15. If the rights created by this Note shall be held by a court of competent jurisdiction to be invalid or unenforceable as to any part of the obligations described herein, the remaining obligations shall be completely performed and paid. 16. The Commission shall have the right to prepay the obligation evidenced by this Note, or any part thereof, without penalty. IN WITNESS WHEREOF, the Commission has executed this Note as of the day and year set forth above. Attest: BORROWER COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: By: Brad Raulston, Secretary Ron Morrison, Commission Chair APPROVED AS TO FORM: By: Claudia G. Silva, General Counsel Promissory Note - Page 6of7- APPROVED AS TO FORM: Kane Ballmer & Berkman By: Susan Y. Cola Commission Special Counsel Promissory Note - Page 7 of 7 - RESOLUTION NO. 2011 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE A SEWER LOAN REPAYMENT AGREEMENT WITH THE CITY OF NATIONAL CITY FOR A PORTION OF THE REPAYMENT OF THE SEWER FUND LOAN USED FOR STREET RESURFACING, AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATED THERETO WHEREAS, the City Council of the City of National City (the "City Council") adopted the Redevelopment Plan for National City Redevelopment Project on July 17, 2007, by Ordinance No. 2007-2295 (the "Redevelopment Plan"), which results in the allocation of a portion of the property taxes generated from the National City Redevelopment Project (the "Project Area") to the Community Development Commission of the City of National City (the "CDC") for purposes of redevelopment; and WHEREAS, the intent of the Redevelopment Plan is, in part, to provide for the construction and installation of necessary public infrastructure and facilities, to facilitate the repair, restoration and/or replacement of existing public facilities, and to perform specific actions necessary to promote the redevelopment and the economic revitalization of the Project Area; to increase, improve and preserve the community's supply of low and moderate income housing; and to take all other necessary actions to implement the Redevelopment Plan and to expend the CDC's share of property taxes (referred to as "tax increment") to accomplish the goals and objectives of the Redevelopment Plan; and WHEREAS, the CDC has adopted its Five -Year Implementation Plan for the Project Area, as amended from time to time (collectively, the "Implementation Plan") with established goals to support affordable housing, economic development, community revitalization, commercial revitalization, and institutional revitalization. To implement the programs and activities associated with each goal, the CDC has made redevelopment fund commitments and budget allocations based on estimated available tax increment revenue and debt financing structures; and WHEREAS, the City and CDC wish to cooperate with one another to bring about the redevelopment of the Project Area, and accomplish various tasks set forth in the Redevelopment Plan and the Implementation Plan; and WHEREAS, pursuant to Resolution No. 2010-148 (the "Resolution"), the CDC agreed to provide partial funding for the City's Street Resurfacing Improvement Program for fiscal year 2010-2011 to repair curbs, gutters, sidewalks, driveways, and pedestrian crossings, and provide traffic striping and signage in the Project Area (the "Program"). The Resolution authorized the expenditure of Seven Hundred Seventy One Thousand Two Hundred Fifty Dollars and 00/100 ($771,250.00.00) of tax increment funds to reimburse the City's interim loan from its Sewer Funds to complete the Program as the CDC's contribution to the cost of the work associated with the Program (said amount referred to as the "CDC's Funding Obligation"); and WHEREAS, pursuant to Section 33220 of the California Community Redevelopment Law (Health and Safety Code Section 3300, et seq.) (the "CRL") certain public bodies, including the City, may aid and cooperate in the planning, undertaking, construction, or operation of redevelopment projects; and Resolution No. 2011 — Page Two WHEREAS, the CDC and City desire to enter into a Loan Agreement (the "Agreement") to provide for implementation of the Program, under which payments will be made by the CDC to the City as otherwise necessary to reimburse the City for the cost to the City of installing and constructing the Program; and WHEREAS, the obligations of the CDC under the Agreement shall constitute an indebtedness of the CDC for the purpose of carrying out the Redevelopment Plan for the Project Area; and WHEREAS, it is in the best interests of the City and for the common benefit of residents, employees, business tenants and property owners within the Project Area, and the City as a whole, for the Program to be developed and constructed in accordance with the Agreement; and WHEREAS, the Agreement shall require the City to comply with Public Resources Code Sections 21000, et seq. ("CEQA") before undertaking the Program and, pursuant to CEQA Guideline Section 15378(b)(4), approval of the Agreement is not a project subject to the California Environmental Quality Act ("CEQA"), because the Agreement consists of the creation of a governmental funding mechanism for various public improvements, but does not commit funds to any specific public improvement, in that environmental review required by CEQA shall be completed prior to the commencement of any public improvement listed in the Agreement; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City as follows: Section 1. The CDC has received and heard all oral and written objections to the Agreement, and to other matters pertaining to this transaction, and all such oral and written objections are hereby overruled. Section 2. The Commission hereby finds and determines that the foregoing recitals are true and correct. Section 3. Based on the evidence in the record, the CDC hereby finds and determines, with respect to the Program that: (a) Said programs and activities associated therewith are of benefit to the Project Area by helping to eliminate blight within the Project Area or providing housing for low- or moderate income persons; and (b) No other reasonable means of financing said Program and the programs and activities associated therewith are available to the community; and Resolution No. 2011 — Page Three (c) The payment of funds by the CDC for the costs related to said Program and the programs and activities associated therewith is consistent with the respective Implementation Plan adopted pursuant to Section 33490 of the CRL. Section 4. The CDC's Chairman, or designee, is hereby authorized to execute the Agreement on behalf of the CDC, together with such non -substantive changes and amendments as may be approved by the CDC's Executive Director and CDC General Counsel. Section 5. The CDC's Executive Director, or designee, is hereby authorized, on behalf of the CDC, to sign all documents necessary and appropriate to carry out and implement the Agreement, including, without limitation, any security instruments to be recorded against CDC assets to secure the CDC's obligations under the Agreement, and to administer the CDC's obligations, responsibilities and duties to be performed under the Agreement. Section 6. In the event the CDC desires to issue bonds, notes, or other instruments of indebtedness of the CDC to carry out redevelopment projects, then any indebtedness of the CDC to the City, including any interest accrued thereon, shall be deemed not to be a first pledge of tax increment allocations received by the CDC pursuant to Section 33670 of the CRL; and any indebtedness of the CDC to the City, including any interest accrued thereon, shall be subordinate to any pledge of tax increments to bondholders or the holders of other such instruments of indebtedness. Section 7. Said Agreement is on file in the office of the City Clerk. Section 8. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 1st day of March, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011' AGENDA ITEM NO. 28 EM TITLE: Resolution of the Community Development Commission of the City of National City (CDC) ratifying the Agreement by and between the CDC and Keyser Marston Associates, Inc. dated January 18, 2011 to provide economic consulting services related to the impact of the proposal to eliminate local redevelopment agencies which would affect the Westside Infill Transit Oriented Development and Gateway at the Mile commercial projects for an amount not to exceed $50,000 (Tax Increment & Low - Mod Housing Fund). PREPARED BY: Colby Young, Project Manager L.sr DEPARTMENT: Redevelopment PHONE: X4297 APPROVED BY: EXPLANATION: The Agreement between the Community Development Commission of the City of National City (CDC) and Keyser Marston Associates, Inc. (KMA) dated August 3, 2010 had a compensation amount not -to - exceed $75,000 and an expiration date of June 30, 2012 (original agreement). Due to an increase in demand for KMA's services, the not -to -exceed amount was reached in January 2011. To continue to utilize KMA's services, the CDC prepared and entered into a new agreement dated January 18, 2011 in an amount not -to -exceed $50,000. The original Agreement had not expired. As the original agreement was current and the new agreement sought to continue certain services and add new services, an amendment to the original agreement would have been more appropriate. None the less, the new anreement essentially functions as a first amendment to the original agreement, requiring Council ion. Thus, the new agreement now needs ratification. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Services related to Governor's proposal: 511-409-000-213 Westside Infill Transit Oriented Development: 522-409-500-598-3934 Gateway at the Mile: 511-409-500-598-3850 (paid by developer deposit) Agreement in an amount not to exceed $50,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: greement dated January 18,2011 ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND KEYSER MARSTON ASSOCIATES, INC THIS AGREEMENT is entered into this 18th day of January, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and KEYSER MARSTON ASSOCIATES, INC, an economic consultant (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide economic consulting services related to impact of Governor Brown's proposal to eliminate local redevelopment agencies, the Westside InfiII Transit Oriented Development and Gateway at the Mile commercial projects; and WHEREAS, the CDC has determined that the CONSULTANT is a economic consultant and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit " A "_ The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit " A "to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the 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. Gerald Trimble 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 $50,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the 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 manner 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 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 CONSULTANT. 30, 2012_ 6. LENGTH OF AGREEMENT. This agreement shall be in affect until June 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, with the exception of CONSULTANT'S proprietary computer models, 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 2 City's Standard Agreement - May 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the 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 CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the 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 to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs 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 City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 Citys Standard Agreement — May 2008 revision 12_ STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing. prior to the date of this agreement, the CONSULTANT warrants to the 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 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 riot 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 part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 City's Standard Agreement — May 2008 revision The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC_ In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to 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 Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the 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 subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, 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. 5 City's Standard Agreement — May 2008 revision F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted 'surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. if the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey'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, be 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. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA') before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 City's Standard Agreement — May 2008 revision 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 perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the 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 be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONSULTANT: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Gerald M. Trimble, Managing Principal Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego CA 92108 Telephone 619-718-9500 7 City's Standard Agreement— May 2008 revision Notice of change of address shall be given by written notice in the mariner 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 shalt 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. 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 corning 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. II 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 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods_ 1f any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 8 City's Standard Agreement — May 2008 revision 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. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written_ COMMUNITY DEVELOPMENT COMMISSION OF THE CITF NATIONAL CITY By: Chris Zapata E ! Manager PROV ,r, A • TO FORM: audia G CDC Gen sel 9 KEYSER MARSTON ASSOCIATES, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) B By: Gerald -T-rfm Vice President Paul C. Marra Vice President City's Standard Agreement - May 2008 revision Exhibit A Exhibit A for Keyser Marston Associates, Inc Keyser Marston Associates, Inc shall provide as needed economic consulting services to the CDC including, but not limited to: • Market support and valuation — market demand analysis, identification of appropriate development programs, and projection of absorption potential and achievable rents and prices. These services include working with community members and stakeholders and planning and design professionals to evaluate the development potential both commercial and residential for specific districts and neighborhoods; • Fiscal and Economic Impact — preparation of fiscal and economic benefits for proposed projects including in -fill residential and commercial uses. These assessments consider the potential impacts of a development proposal on the surrounding community, the level of property and sales tax generation and potential benefits in terms of jobs/housing; • Financial analysis — reviewing the financial feasibility of proposed development projects. This may include comparison of competing proposals, identification of supportable land value, or, alternatively, need for "gap" financing and assessment of the overall feasibility of alternative development concepts. These activities include pro forma analysis and may include actual negotiations with developers and/or property owners; ■ Identification of financing sources — especially as regards affordable housing projects layering of various private and public resources may occur — including competitively awarded local, state and federal resources. KMA will assist the CDC in implementing affordable housing and mixed use projects; • Transaction structuring and negotiations — provide assistance as requested with developer solicitation and evaluating developer proposals from qualified developers/property owners. Assistance will be provided in negotiating terms of land sales, lease transactions and public financial assistance; • Preparation of Reuse Analysis and Summary Reports — Section 33433 of the IIealth and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for the purpose of private development. KMA will prepare the Summary Report to be used by the CDC comparing the fair market value of the property at its highest and best use, the reuse value of the property subject to any covenants and/or conditions imposed and the CDC's costs under a proposed development agreement; ■ Participate in public meetings and presentations as requested; • Provide advice to the City Manager and Executive Director related to implications of state -initiated redevelopment actions; and • Provide additional related services as requested. KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES 2008/2009 A. JERRY KEYSER* $280 00 MANAGING PRINCIPALS $280_00 SENIOR PRINCIPALS' $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95OO ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro- cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. A(.., ORL7 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1/6/2010 PRODUCER (415)957-0600 FAX: (415)957-0577 MOC Insurance Services License No. 0589960 Montgomery St., 17th Fl. b.,,a Francisco CA 94104 INSURED Keyser Marston Associates, Inc. 55 Pacific Avenue Mall San Francisco ( CA 94111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INsuRERA_Hartford Casualty Ins. Co NAIC # 29424 INSURER B. Republic Indemnity Company of INSURER National Union Fire Ins Co 22179 19445 INSURER D: INSURER E_ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CI AIMS. INSR LTR ADM INSRD TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATE IMM/DDIYYYY) POLICY EXPIRATION DATE (MMIDD(YYYYI OMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 57UVNUPO340 11/11/2009 12/01/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50 000 CLAIMSMADE rX1 OCCUR MED EXP(Any one Person) $ 5,000 PERSONAL 8 A0V INJURY $ 1 000,000 $ 2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER_ PRODUCTS -COMPAW AGG $ 11000. 000 X POLICY PRO-LOC JECT AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp Ded. $ 1000 57UUNUP0340 RECEIVED 11/11/2009 12/01/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per Perm) X — X BODILY INJURY (Per acudart) $ X X PROPERTY DAMAGE (Peracuden0 Co11 Ded. $ 1000 GARAGE LIABILITY ANY AUTO AV(# 1 Trl Comfnunrty De!C � (1 L 2010 CommisIff AUTO ONLY - EA ACCIDENT $ OTUERTHAN EA ACC $ AUTO ONLY: AGG $ A EXCESS! UMBRELLA LIABILITY �3o�ment 57RH111N9941 11/11/2009 12/01/2010 EACH OCCURRENCE $ 4, 000 000 X I OCCUR Ll CLAIMS MADE DEDUCTIRI_E RETENTION $ 10,000 AGGREGATE $ 4 ,_000 000 $ __I X $ $ B WORKERS AND EMPLOYERS ANY PROPRIETOR/PARTNER/EXECWIVE OFFICER/MEMBER (Mandatory If yes, describe SPECIAL COMPENSATION LIABILITY YIN 03954615 12/01/2009 12/01/2010 X WC STATU- OTH- - I - - TORY U! I1 S FR I EXCLUDED? i EL. EACH ACCIDENT $ 1,000 000 in NH) Under PROVISIONS be E.L DISEASE - EA EMPLOYEE 3 1,000,000. $ 1 000, 000 EL DISEASE - POLICY LIMIT C on4ERProfessional Liability -Claims Made 013465519 Retro Date 10/05/1976 11/11/2009 12/01/2010 , $1,000,000 Limit Each Act $2,000,000 Limit Aggregate s1oD Onn RaranJn Each Act DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of National City, its elected Officials, Officers, Agents and Employees are named as Additional Insured with respect to the insured's operations. Per CG2010 10/01 and BU1114 01/93 Workers' Compensation - A waiver of subrogation has been requested and will be added via endorsement. DER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Donna de E'abio/DDF ACORD 25 (2009/01) IN S025 (200901) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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 (2009101) INS025 (2oo901) WC040306 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY (Ed. 4-84) Waiver of Our Right to Recover From Others Endorsement - California 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement flout us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.00%ofthe California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization COMMUNITY DEVELOPMENT COMMISSION CITY OF NATIONAL CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Job Description RE: ALL CALIFORNIA OPERATIONS PERFORMED BY THE NAMED INSURED ON BEHALF OF THE CERTIFICATE HOLDER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Republic Indemnity Company of America Contpany No. 19739 Insured: KEYSERMARSTON ASSOCIATES INC Policy Number: 039546-1S Endorsement Number: 41 Endorsement Effective: December 01, 2009 Forms No. WC306 10/93 Printed on: August 02, 2010 Il11lu 111111111111111111111111111111111111I11111 RFt!7 P Insured Copy 1 II111111111111111111111111M Il111111111011111 ACORD PRODUCER CERTIFICATE OF LIABILITY INSURANCE (415)957-0600 FAX: (415)957-0577 MOC Insurance Services License No. 0509960 44 Montgomery St., 17th Fl. (San Francisco CA 94104 IUREO eyser Marston Associates, Inc. 55 Pacific Avenue Mali San Francisco COVERAGES CA 94111 DALE (44M'130IYYYY) 11/29/2010 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ INSURERS AFFORDING COVERAGE msuRER A Hartford Casualty Ins . Co. wsuRER8_Republic Indemnity Company of msuzeacNational Union Fire Insurance INSURER D INS. RER F. NAIC # 29424 22179 19445 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW19Ti ISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH I HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OE2UCH POLICIES. AGGREGATE LIMITS SHOWN MAY I PAVE BEEN REDUCED BY PAID CI AIMS. INSR AMYL POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE _ POIICYNUMBER DATE (MM'DDlYYYYI OATS IMWD0 YYYYI LIMITS GENERAL I. IABILD Y EACH OCCURRENCE S 1,000,000 X CO/A./ERG/At GENERAT HAUER- DAMAGE TO OCNTED _ PRFLuSES 1Ea a:wrrexe: 5 300.000 A CLAWS MAX OCCUR 57U[1NPV0563 12/1/2010 12/1/2011 MEN ESPCY=,.-e;a•,:.:; _ 10,000 PEKSOY:Li AD'J tNfJRY S. 1,000,000 GENERAL ASG'1EGA-E <_ 2,000,000 GEN1 AGGRER ,TE LIMi 1 APPLIES PER- X POLICY Pft0- PRODOCTS-:OL1Pir, FGi, 5 1,000,000 F1T IOC AU TOMOBILE Malt try X ANY AUTO COMBINED SP1 LE ._ WO (Ea atzidenn S 1,000,000 A ALL OWNED AUTOS 571T1113Pv0563 12/1/2010 12/1/2011 BODIll" aT_. slEDULEDnuras ,J,e,t5" 1,, X HIRED AUTOS DODILYENJURY �4��R(il P4 CGE fir( 6}r-n•6(ef[ ever tty ; IU X NON-CAINE AUTOS RECEIVED X Comp- Ded $500 PROPERTY DAMAGE R Coll - Ded $500 ,_Per accadral - GARAGE LIADIUTY AUIO ONLY - Eh ACf,I0ET,T �` OTHER I AN EA ACC _ ANY AUTO Gammunity Development ..y Commission - — Development Comrr�n AUTO ON_Y hGG 5 EXCESS I UMBRELLA LIABILITY -- EACH OCCURS_NCE :. 4,000,000 CCUR I CLAIn^.s MAD: - AGGRL3,pr e 4,000,000 A RFDUCTIBLE 57RHUPV05o6 12/1/2010 12/1/2017 X RETFNTION S L0,000 - _ B WORKERS COMPENSATION - AND EMPLOYERS LIABILITY X WC, ST.A7l OTH- YJN T::RI'Loll {S ER ANY PROPOIE IORT'ARTilFR:Ex ECU I EVE r 1 G=F ICE2b`E1.@ER EXCIUT:EO? ----I L ERGI SCCI"JUJT 1, QOO,OO(S (Mandatory in NH)03954616 IIyes.desoioeold 12/1/2010 12/1/2011 F'_.DI; A _- TIE PLJirEE? 1,.000,000 SPECIAL PROVISIONS betex• E s. DISEASE -:,OL:CYl4.41T S 1, 000,000 C OTHERProfessional 013571418 12J1/2010 12/1/2011 :,1,o0o,003 Limit Each Act Liability -Claims Retro Date 10/05/1976 Made Sz,oaa,000 Limit Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS! VEHICLES I EXCLUSIONS ADDED HY ENDORSEMENT! SPECIAL PROVISIONS $75_0110_xete-yrinn Each Act Certificate Holder is included as Additional Insured as respects General Liability and Automobile Liability per attached endorsements- Re- Agreement to Provide -_-- CERTIFICATE 140I nlp -- - ELLAT1ON Community Development Commission City of National City, its officers, agents, and employees 1243 National City Blvd. National City, CA 91950 ORD 25 (2009/01) ;025 Lzcosatl01 SHOULD ANY Of THE ABOVE DESCRIBED POLICES BF CANCELLED HUFORE FHE EXPIRATION GATE THEREOF. THE ISSUING INSURER WILL FNDEAVOR TO MAIL 30 DAYS ssllr EN NOTICE TO THE CERI 11ICATE HOLDER NAMED TO 1 HE LEFT. BUT FAR LIRE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY or ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Julie Franck/JFR The ACORD name and logo a e registered marksRD CORPORATION_ rights reserved. of AACORD A)I WC040306 WORKERS' COMPENSATION AND EMPLOYERS` LIABILITY POLICY (Ed. 444) Waiver of Our Right to Recover From Others Endorsement - California 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule_ The additional premium for this endorsement shall be 5.00 a ofthe California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description COMMUNITY DEVELOPMENT COMMISSION CITY OF NATIONAL CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES 140 E 12TH ST, SUITE D NATIONAL CITY CA 91950-3312 RE: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Republic Indemnity Company of America Company No. 19739 Insured: KEYSER MARSTON ASSOCIATES INC Policy Number: 039546-16 Endorsement Number_ 13 Endorsement Effective: December 01, 2010 Form No. WC306 10/93 Printed on: December 01, 2010 1111111111111111111111111111111111111111111111111 RFIr72P Producer Copy 1111111111111111101111101111111111111D111111110 RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AND RATIFYING AN AGREEMENT FOR AN AMOUNT NOT TO EXCEED $50,000 WITH KEYSER MARSTON ASSOCIATES, INC., DATED JANUARY 18, 2011, TO PROVIDE ECONOMIC CONSULTING SERVICES RELATED TO THE IMPACT OF THE CALIFORNIA GOVERNOR'S PROPOSAL TO ELIMINATE LOCAL REDEVELOPMENT AGENCIES, THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT AND GATEWAY AT THE MILE COMMERCIAL PROJECTS WHEREAS, the Community Development Commission of the City of National City ("CDC") and Keyser Marston Associates, Inc. ("KMA") executed an Agreement on August 3, 2010, to provide economic consulting services related to the Westside II Transit Oriented Development and Gateway at the Mile commercial projects, for an amount not to exceed $75,000; and WHEREAS, the not -to -exceed amount was reached in January 2011, and to continue to utilize KMA's services, the CDC prepared and entered into a new agreement dated January 18, 2011, in an amount not -to -exceed $50,000; and WHEREAS, the Agreement dated August 3, 2010, was current and the new agreement sought to continue certain services and add new services; and WHEREAS, the new agreement essentially functions as a first amendment to the original agreement, requiring Council action. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves and ratifies the Agreement with the Keyser Marston Associates, Inc., for services related to impact of the California Governor's proposal to eliminate local redevelopment agencies, the Westside Infiil Transit Oriented Development, and Gateway at the Mile commercial projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2011. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia G. Silva CDC General Counsel 1:I 1 Y OF NAI IUNAL G1TY, UALIFOKNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 29 1T°M TITLE: esolution of the Community Development Commission of the City of National City authorizing the Chairman to execute the Second Amendment to the Exclusive Negotiation Agreement by and between the CDC and The Related Companies of California and Community Housing Works to extend the time for negotiation until September 30, 2011 for the Westside Infill Transit Oriented Development. PREPARED BY: Patricia Beard Q PHONE: 4255 DEPARTMENT: Red APPROVED BY: EXPLANATION: IThe CDC approved an Exclusive Negotiation Agreement ("ENA") with The Related Companies of California and Community Housing Works ("Developers") on March 3, 2009 following a community design process for the West Side Infill Transit Oriented Development ("WI-TOD") affordable housing project as anticipated by the Westside Specific Plan and a competitive developer recruitment including Westside stakeholders. Substantial progress has been made on pre -development matters and a proposed Disposition and Development Agreement ("DDA") is in final negotiations and under attorney review. However, the ENA will expire on March 3, 2011 and the Developers have requested an extension of the ENA in order to maintain their exclusivity in project negotiations. Staff concurs with their request. Note: final site design will not commence until following approval of a DDA FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 522-409-500-598-3934 For this affordable housing project, there is no developer deposit. The CDC and Developer are each paying their own expenses. CDC costs, including staff time, are paid from the low -mod housing fund set aside account of property tax increment. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Agreement SECOND AMENDMENT to EXCLUSIVE NEGOTIATION AGREEMENT by and between COMMUNITY DEVELOPMENT COMMISSION of THE CITY OF NATIONAL CITY, THE RELATED COMPANIES OF CALIFORNIA, AND COMMUNITY HOUSING WORKS This Second Amendment to EXCLUSIVE NEGOTIATION AGREEMENT is made and entered into this 1'` day of February, 2011 by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("CDC"), and RELATED COMPANIES OF CALIFORNIA and COMMUNITY HOUSING WORKS (collectively referred to as "Developer") WHEREAS, on March 3, 2009, CDC and Developer entered into an EXCLUSIVE NEGOTIATION AGREEMENT ("Agreement") to plan and implement a Transit Oriented Development ("TOD") affordable housing project and service incubator on approximately 12.75 acres identified as the National City Public Works Center and Hies Family Trust site (APNs 560- 396-06, 560-391-05 560-391-08, 560-206-03, 559-124-05, 559-104-10, 559-125-15, 560-391-10, 560-206-05 plus public right of ways) in the City of National City ("the Site"); and WHEREAS, CDC and Developer entered into a FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT on or about March 3, 2010; and WHEREAS, CDC and Developer have been cooperating on the planning and development of the Site; and WHEREAS, substantial progress has been made with the project in the following areas: 1. Preparation of a Conceptual Site Plan; 2. Award of four grants including California Prop IC Infill Infrastructure ($11.2 million), local HOME funds grant ($115,000), California Prop IC Catalyst Projects for California ($500,000) and federal EPA Sustainability Pilot ($130,000 technical assistance); 3. Completion of environmental assessments of soil and groundwater conditions at the site by the CDC; and WHEREAS, CDC and Developer require more time to finalize negotiations for a proposed Disposition and Development Agreement to accomplish the TOD project. NOW THEREFORE, CDC AND DEVELOPER HEREBY AGREE TO THIS FIRST AMENDMENT TO THE AGREEMENT AS FOLLOWS: 1. The Negotiation Period shall be extended to September 30, 2011. 2. This Amendment may be signed in counterparts. 3. With the foregoing exceptions, each and every provision of the Agreement entered into on March 3, 2009, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have entered into this Amendment as of March 1, 2011. Page i of 2 4th Amendment to DDA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic: By: Ron Morrison, Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva, CDC General Counsel DEVELOPER: THE RELATED COMPANIES OF CALIFORNIA, LLC, a California limited liability company By: The Nicholas Company, Inc., Its Manager By: A Delaware Corporate, } manager William A Witte, President By: COMMUNITY HOUSING WORKS, a California non-profit public benefit corporation By: Anne B. Wilson, Senior Vice President Page 2 of 2 4th Amendment to DDA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic: By: Ron Morrison, Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva, CDC General Counsel DEVELOPER: THE RELATED COMPANIES OF CALIFORNIA, LLC, a California limited liability company By: The Nicholas Company, Inc., Its Manager By: A Delaware Corporation, its manager William A Witte, President By: COMMUNITY HOUSING WORKS, a California non-profit public benefit corporation By: . Wilson, Senior sident Page 2 of 2 4* Amendment to DDA RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE THE SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN THE CDC AND THE RELATED COMPANIES OF CALIFORNIA AND COMMUNITY HOUSING WORKS TO EXTEND THE TIME FOR NEGOTIATION UNTIL SEPTEMBER 30, 2011, FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS, among its responsibilities the Community Development Commission of the City of National City ("CDC") develops, preserves and maintains affordable housing projects within the National City Redevelopment Project areas; and WHEREAS, as described in the Westside Specific Plan, the CDC is contemplating the potential development of an affordable infill housing project called the Westside Infill Transit Oriented Development ("WI-TOD"); and WHEREAS, a community design process and a competitive recruitment for developers was conducted; and WHEREAS, The Related Companies of California and Community Housing Works were awarded an Exclusive Negotiation Agreement ("ENA") on March 3, 2009, as a result of said process; and WHEREAS, on March 3, 2010, the First Amendment to ENA was executed by the Executive Director as allowed by the ENA, with an expiration date of March 11, 2011; and WHEREAS, CDC and The Related Companies of California and Community Housing Works (collectively, "Developer") have been cooperating on the planning and development of the Site; and WHEREAS, Substantial progress has been made in the following: 1. Preparation of a Conceptual Site Plan; 2. Award of four grants including California Prop IC InfiII Infrastructure ($11.2 million), local HOME funds grant ($115,000), California Prop IC Catalyst Projects for California ($500,000) and federal EPA Sustainability Pilot ($130,000 technical assistance); and 3. Completion of environmental assessments of soil and groundwater conditions at the site. WHEREAS, the CDC and Developer desire to extend the expiration of the ENA until September 30, 2011, to provide more time to finalize negotiations for a proposed Disposition and Development Agreement to accomplish the WI-TOD Project; and WHEREAS, with the foregoing exception, each and every provision of the Exclusive Negotiation Agreement entered into on March 3, 2009, shall remain in full force and effect. Resolution No. 2011 — Page Two NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Second Amendment to the Exclusive Negotiation Agreement by and between the Community Development Commission of the City of National City and The Related Companies of California and Community Housing Works extending the expiration period to September 30, 2011. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel lI 1 Y Ul- NAI IUNAL Ul I Y, UALII-UKNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE: March 1st, 2011 AGENDA ITEM NO. 30 EM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $329,198.94 to the City of National City for the period of 1/19/11 through 01/25/11 PREPARED BY: K. Apalategui DEPARTMENT ance PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVERS ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $329,198.94 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: irrants for the period of 1/19/11 through 01/25/11' COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #30 1/25/2011 PAYEE CSMFO CITY OF SAN DIEGO GEOSYNTEC CONSULTANTS IGIS TECHNOLOGIES INC POWER PLUS DAVID REED LANDSCAPE ARCHITECT FIRE PREVENTION SERVICES INC HARRIS & ASSOCIATES INC N C CHAMBER OF COMMERCE S D COUNTY VECTOR CNTRL PROGRAM COUNTY OF SAN DIEGO HDL COREN & CONE URBAN FUTURES THE BANK OF NEW YORK MELLON 'ROLL Pay period Start Date 2 12/28/2011 DESCRIPTION OUTSTANDING FINANCIAL REPORTING ENTERPRISE ZONE ADMIN SERVICES ENVIRONMENTAL CONSULTING SVCS INTRO TO ARCGIS DESKTOP II / YOUNG EQUIPMENT RENTAL / REDEV LANDSCAPE ARCHITECT FOR ART CENTER ABATE PROPERTY CIVIL ENGINEERING SERVICES FOR 8TH CHAMBER DINNER VECTOR CONTROL PROGRAM 2010-11 MAIL PROCESSING SVC FOR FY10/11 2009-10 CARF STATISTICAL REPORTS FINANCIAL ADVISORY SERVICES HUD 108 LOAN - NC FIRE STATION End Date 1/10/2011 Check Date 1/19/2011 CHK NO DATE AMOUNT 240027 1/24/11 25.00 240028 1/25/11 48, 500.00 240029 1/25/11 5,185.69 240030 1/25/11 1,350.00 240031 1/25/11 195.00 240044 1/25/11 456.00 240051 1/25/11 1,288.00 240058 1/25/11 39, 601.25 240070 1/25/11 1,750.00 240081 1/25/11 189.72 240097 1/25/11 552.34 240098 1/25/11 495.00 240099 1/25/11 1,912.50 A/P Total S 101,500.50 1/25/11 146,092.50 81,605.94 GRAND TOTAL $ 329,198.94 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE: March 1st, 2011 AGENDA ITEM NO. 31 iM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $704,488.32 to the City of National City for the period of 1/26/11 through 02/01/11 PREPARED BY: K. Apalategui'. PHONE: 619-336-4331 DEPARTMENT: APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $704,488.32 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 1/26/11 through 02/01/11 PAYEE DAMASO GIL GENEVIEVE TORRES DESROCHERS EHS LABORATORIES KANE BALLMER & BERKMAN OLIVERIA SDG&E BLUE PACIFIC ENGINEERING COUNTY OF SAN DIEGO LASER SAVER INC NINYO & MOORE STAPLES ADVANTAGE ' TION 8 :TION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #31 2/1/2011 DESCRIPTION SEC 8 HAP NORMA DE GALINDO SEC 8 HAP ARGELIA CARREON HAP 1/11 RETIREE HEALTH BENEFITS FEB'11 LEAD PAINT TESTING 2011 COMM REDEV LAW REIMBURSEMENT /1099 ENVELOPES GAS AND ELECTRIC UTILITIES / CDC PROGRESS PAYMENT - ART CENTER MAIL PROCESSING SVC - FY10/11 MOP 45725 INK CARTRIDGES - FINANCE MARINA GATEWAY STREETSCAPE PROJ MOP 45704 OFFICE SUPPLIES - PD Start Date 1/26/2011 End Date 2/1/2011 CHK NO DATE AMOUNT 240100 1/27/11 869.00 240101 1/27/11 2,745.16 240104 2/1/11 110.00 240105 2/1/11 60.00 240106 2/1/11 100.00 240107 2/1/11 296.11 240108 2/1/11 312.78 240137 2/1/11 16,934.63 240156 2/1/11 944 53 240192 2/1/11 287.49 240212 2/1/11 762.00 240249 2/1/11 15.91 A/P Total $ 23.437.61 681,050.71 GRAND TOTAL $ 704,488.32 V11AIP wIAV VI I 1, VALII VI\I•IA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE: March 1, 2011 AGENDA ITEM NO. 32 M TITLE: NEW BUSINESS: Disclosure of Property Interest located within the Redevelopment Project Area; Chairman Ron Morrison PREPARED BY: Claudia G. Silva DEPARTMENT: CSC Gen-ra Counsel PHONE: (Ext. 4222) APPROVED BY: EXPLANATION: Please see attached memorandums. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Enter disclosure on the minutes. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: vlemorandum from Chairman Morrison vlemorandum from CDC General Counsel Chairman Ron Morrison CALIFO,RNI Members Luis 'Louie' Natividad Mona Rios Alejandra Sotelo-Solis )salie Zarate ,_xecutive Director Brad Raulston ,3 .1 �- fNCORPUR APED -� City of National City Community Development TO: Executive Director, CDC DATE: February 22, 2008 FROM: CDC General Counsel SUBJECT: Disclosure of Property Interest Located Within Redevelopment Project Area; Chairman Ron Morrison BACKGROUND Attached is a Disclosure of Property Interest Located within Redevelopment Project Area signed by Chairman Ron Morrison. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the CDC). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. RECOMMENDED ACTION It is requested that this disclosure be entered on the minutes of the City Council and CDC at their meeting of March 1, 2011. AUDIA LVA CDC Gener uunsel /gmo Attachment 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 www.nationalcityca.gov CALIFORNIA Chairman Ron Morrison Members Luis `Louie' Natividad Mona Rios Alejandra Sotelo-Solis salie Zarate .cutive Director Brad Raulston TO: NATIONAL envy �-- /NCORPORATED City of National City Community Development Executive Director, CDC DATE: February 22, 2011 FROM: Chairman Ron Morrison SUBJECT: Disclosure of Property Interest Located within Redevelopment Project Area Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the March 1, 2011 CDC meeting the fact that I own or have direct or indirect financial interests in the following property located within the National City Redevelopment Project Area: 2740 K Avenue National City, CA 91950 Ron Morrison Chairman 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 www.nationalcityca.gov ITEM #33 3/1/2011 CLOSED SESSION REPORT (CITY ATTORNEY)