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HomeMy WebLinkAbout2011 04-05 CC CDC AGENDA PKTAgenda 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 — April 5, 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/5/2011- Page 2 INTERVIEWS/APPOINTMENTS 1. Interviews and Appointments: Various Boards and 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 Adjourned Meeting of February 5, 2011, the Special Meeting of February 8, 2011 and the Regular Meeting of February 15, 2011. (City Clerk) 3. Resolution of the City Council of the City of National City accepting and authorizing the recordation of a street easement initiated by George Albert Contreras, the property owner, on a parcel of land for street easement purposes located at 3005 F Avenue. (A.P.N. 562-290-35-00) (Development Services/Engineering) 4. Resolution of the City Council of the City of National City authorizing the installation of approximately 1400 feet of parking lane striping on the north side of Division Street from Gilbert Lane to the west to create an 8-foot parking lane to provide a buffer between parked vehicles / vehicles exiting the private driveways and through traffic. (Traffic Safety Committee Item No. 2011-6) (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the installation of parking lane striping and signage on the 800 block of Edgerton Way to discourage vehicles from blocking pedestrian gates. (Traffic Safety Committee Item No. 2011-5) (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/5/2011- Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the installation of a stop sign on Mary Lane at Ethel Place, and installation of red curb "No Parking" at the southwest corner of the intersection to enhance safety. (Traffic Safety Committee Item No. 2011-4) (Development Services/Engineering) 7. Resolution of the City Council of the City of National City authorizing the Mayor to sign a one year extension to the Agreement between the City of National City and San Diego Sports Medicine and Family Health Center for Wellness Program Services. (Fire) 8. Resolution of the City Council of the City of National City approving and adopting the updated Multi -Jurisdictional Hazard Mitigation Plan, and authorizing the City Manager to implement said Plan. (Fire) 9. Resolution of the City Council of the City of National City modifying expenditure methods consistent with U.S. Department of Energy (DOE) Grant (No. DE- SC0002029) requirements, Public Contract Code and City Policies in the amount of $561,700 for the Civic Center Chiller Project, Specification No. 11-01 and amending Resolution No. 2009-274 to remove the Honeywell Business Solution reference. (Development Service/Engineering) 10. WARRANT REGISTER #34 Warrant Register #34 for the period of 02/16/11 through 02/22/11 in the amount of $2,585,519.19. (Finance) 11. WARRANT REGISTER #35 Warrant Register #35 for the period of 02/2311 through 03/01/11 in the amount of $1,256,613.75. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/5/2011- Page 4 NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Union Bank, N.A., for banking and custody services, and authorizing the City Manager to execute all other related documents as deemed necessary. (Finance) **Companion Item #29** 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the Agreement between the City of National City and Mayor Hoffman McCann P.C. for independent auditing services to include the Fiscal Year Ended June 30, 2011, in the amount of $37,300. (Finance) **Companion Item #30** NEW BUSINESS 14. Donation of City surplus property (police patrol vehicle) to the Southwestern Community College Police Academy to assist academy recruits transition from the academy training environment to a law enforcement training program. (City Manager) 15. Notice of the City of National City's intent to enact Government Code Section 20903, two years additional service credit at an estimated cost of $250,000 amortized over 20 years resulting from an economically driven reduction in workforce initiative. (Human Resources) 16. Response to request by Ana Brown of the Feral Cat Coalition at the City Council Meeting of December 7, 2010. (Police) 17. Report on pawnshops, and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (City Manager) 18. Temporary Use Permit — Integrity Charter School's Physical Education program at Kimball Park Monday, Wednesday and Thursdays commencing April 6, 2011 thru June 3, 2011 with no waiver of fees. Note: A Field/Facilities Use Permit will also apply. (Neighborhood Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/5/2011- Page 5 NEW BUSINESS (Cont.) 19. Temporary Use Permit — T-Shirt Mart requesting to have a 15.2x10' inflatable T- shirt balloon at 1502 Highland Avenue to be displayed only on Fridays, Saturdays, and Sundays from April 8, 2011 through December 30, 2011 with no waiver of fees. (Neighborhood Service) 20. Temporary Use Permit — Community Easter Egg Hunt 2011 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 23, 2011 from 11 a.m. to 3 p.m. with no waiver of fees. (Neighborhood Services) 21. Temporary Use Permit — National City Chamber of Commerce's Taste of National City on May 6, 2011 at Brick Row Heritage Square from 4 p.m. to 7 p.m. This is a National City co -sponsored event per Council Policy No. 804. (Neighborhood Services Division) 22. Temporary Use Permit — Lions Club 67th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from June 30, 2011 to July 4, 2011. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Services Division) 23. Temporary Use Permit — National City & Eugene Amano Football Camp at El Toyon field on July 16, 2011 from 9 a.m. to 2 p.m. sponsored by the City of National City Community Services Department and the Eugene Amano Foundation with a request for waiver of fees. (Neighborhood Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 24. Authorize the reimbursement of Community Development Commission expenditures in the amount of $242,379.33 to the City of National City for the period of 02/16/11 through 02/22/11. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/5/2011- Page 6 CONSENT CALENDAR (Cont.) 25. Authorize the reimbursement of Community Development Commission expenditures in the amount of $753,338.51 to the City of National City for the period of 02/23/11 through 03/01/11. (Finance) PUBLIC HEARING 26. Public Hearing - Community Development Commission of National City Section 8 Rental Assistance Division, Public Housing Agency Plan, Annual Plan for Fiscal Year 2011 and the Section 8 Administrative Plan; and authorizing the submittal of the PHA Plan to the U.S. Department of Housing and Urban Development. (Community Development/Housing and Grants/Section 8 Program) **Companion Items #27 and #28** NON CONSENT RESOLUTIONS 27. Resolution of the Community Development Commission of the City of National City (CDC) approving the Public Housing Agency Annual Plan (PHA) for Fiscal Year 2011, and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban Development. (Community Development/Housing and Grants/Section 8 Program) **Companion Items #26 and #28** 28. Resolution of the Community Development Commission of the City of National City (CDC) approving the revisions to the Section 8 Administrative Plan, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development. (Community Development/Housing and Grants/Section 8 Program) **Companion Items #26 and #27** 29. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute an Agreement with Union Bank, N.A., for banking and custody services, and authorizing the Executive Director **Companion Item #12** 30. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute a one year Agreement between the CDC and Mayor Hoffman McCann P.C., for independent auditing services to include the Fiscal Year Ended June 30, 2011, in the amount of $21,250. (Finance) **Companion Item #13** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/5/2011- Page 7 STAFF REPORTS 31. Closed Session Report (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — April 19, 2011 — 6:00 p.m. - Council Chambers — National City, California. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 1 'EM TITLE: Interviews and Appointments: Various Boards & Commissions PREPARED BY: Michael R. Dalla DEPARTMENT: City Cle k PHONE: 619-336-4226 APPROVED BY: + EXPLANATION: On February 1s1 and March 1st 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 (CPRC) and the Sweetwater Authority. Applicants who have not yet been interviewed were asked to be present at the meeting. Mr. Roberto Griffin, previously interviewed by the City Council for a position on the Sweetwater Authority has been asked if he is interested in serving on the Public Art Committee or CPRC. 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: nmary of vacancies, expired terms and applications 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 Emmanuel Gutierrez No Kenold Seaton-Msemaji No ART COMMITTEE Appointing Authority Members: Length of Term: Terms Expire: Meetings are held: Staffing Provided by: Mayor with approval of City Council 5 (non-residents may apply) 3 years September 30th Quarterly 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. Current Members Frank Bueno Christina Chacon Paul Ecdao William Virchis Manuel Cavada Carolyn St Clair Request Re-app Yes Yes New Applicants William G. Ramsey Darryl Gorham Pearl Quinones Roberto Griffin Emmanuel Gutierrez Vener Yambao Philip Chodur Interviewed Yes Yes Term is current Term is current Term is current Term is current Appoint Date 05-19-09 07-20-04 05-19-09 07-20-04 07-20-04 02-01-11 Yes Yes Yes Yes — for Sweetwater Authority No No No Term Expires 07-20-10 07-20-10 09-30-13 09-30-13 09-30-13 09-30-13 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 the CPRC. Both are 'Resident Voting Members'. Request Appoint Term Current Members Re-app Interviewed Date Expires VACANCY 03-31-13 VACANCY 03-31-12 Frank Lopez Term is current 02-01-11 03-31-14 Louise Brance Term is current 05-19-09 03-31-12 James Brewer Term is current 02-01-11 03-31-14 Nancy Estolano Term is current 05-19-09 03-31-12 Daniel Serrano Term is current 05-19-09 03-31-13 William Philips Term is current 05-16-06 TBD Applicants Interviewed Leslie Coyote Yes Pearl Quinones Yes Ditas Yamane Yes Darryl Gorham Yes Roberto Griffin Yes — for Sweetwater Authority Emmanuel Gutierrez No Roberto Griffin No 3; CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: Home Address: rn 9t t09 Tel. No.: Business Affiliation: (� ' (>� `Cp lW'YI— /fYtle: Business Address: TeL No.: Length of Residence in National City: San Diego//County: _3 t—California; 3 �,1r y ` Elduucational Background:`8 4- ("Ai: veI 27 oc/'7 5 2 y1-5' 61G��4, 4 w01-1 vlGrrv=ef—ay 0Jr7`Qxcr 1 �L / t Occupational Experience: � .cam, Co . / •'rice w Clef � q t/v fl % II -0 / -a/ - /P / 4 5 .. - wl �-C2—• ��y �o 6, Professional or Technical Organization Memberships: �R � G 5 �a Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: /_ ip 4ii it%e ©/emeyy '�!ctt�'S rs7`"ac/ /T►``�r7/1 ,G� JwiLetkh i re-0-4f-e� Have you ever been convicted of a crime? No: '! Yes: Date: 3/2 /// Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. • Residency requirements may not apply This documents is filed as a public document d B Z UN I IDl CD -a rn r*1 CD r- < rrincl 240. ::ctm RRtised: ttober 1, 2009 01 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee` Traffic Safety Committee * Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an * Name: Roberto Griffin Home Address: _1433 East 24th Street, National City Ca 91950 Tel. No.: 619-548-5664 Business Affiliation: _Brickrow Property Management Title: Property Manager Business Address: 400 Mile of Cars Way Ste C, National City Ca 91950 Tel. No.: 619-477-3133 Length of Residence in National City: 16 yrs San Diego County: 24yrs California: 24yrs i Educational Background: Bachelor of Science in Accounting Occupational Experience: Accounting, Finance, Budget Analysis and Budget Management Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Hispanic Chamber of Commerce, National City Chamber of Commerce Experience or Special Knowledge Pertaining to Area of Interest: _Creating and Managing various budgets, budget variance analysis, Financial Reporting, Financial Analysis for multiple corporations. Have you ever been convicted of a crime? No: X Date: 0/ / S Off`/ Signature: Please feel free to provide additional inform n or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. 5 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission 2( Community & Police Relations Commission* Library Board of Trustees �< Parks, Recreation & Senior Citizens Advisory Board ' `}e, X Planning Commission - Public Art Committee* - Traffic Safety Committee Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an' Name: c, ICY\ f . N U _ LrUT k Et - Home Address: V Lk C ZZ o S TeL 162- TeL No.: (J? t `t) 24-14 sle 3 Business Affiliation: S w ti1/4; -s Urs-ItzLcr Title: v oa Business Address: Tel. No.: Length of Residence in National City: 15 y a 5 San Diego County: 2; \i is California: Z 3 y r-s Educational Background: Ct Q p:k i bO t a.l 3 U t,t i 22) to m c g p c s-ft tnya S Occupational Experience: t? �CC.i✓ ' i-'( t - tI7 V1,1 \rt Sirt, E2SibE tN Yvt ni%gEr frrtcS Professional or Technical Organization Memberships: N o1,1 t Civic or Community Experience, Membership, or Previous Public Service Appointments: mtrngc lzo 1--12‘ry , lt-f. Pa-i1 LAI i': RaP it 4NLT(J , Sociro.-)SE ►C Experience or Special Knowledge Pertaining to Area of Interest: 5 t,yzS OF vvbvcv -TEtl2.itac, trt RCc2cAT 1a%,\ 11,14D rrN 12-\Vtte-Stpt: Have you ever been convicted of a crime? No: Yes: Date: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. " Residency requirements may not apply This documents is filed as a public document Revised: 12/02/10 6 t Ken Seaton-Msemaji 1832 E. 12th Street National City, Ca. 91950 (619) 565-0623 — phone (619) 259-2890 — fax Kjsm2nd@yahoo.com March 17, 2011 Dear Mr. Michael Dalla, City Clerk Please accept my application (attached) for Appointment to and Service on the " Sweetwater Water Authority " If you need to contact me, my cell phone number is: 619 565-0623 my work E-mail address is: KSmsemaii@smwlocal206.com my home E- mail address is: kism2nd@yahoo.com Respectfully ours, CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board X Sweetwater Water Authority Planning Commission Public Art Committee* Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Name: Kenold J. Seaton-Msemaji 1832 E. 12th St. National City, Ca 91950 619 565-0623 Home Address: Tel. No.: Sheet Metal Workers Local 206 San Diego Political Director Business Affiliation: Title: 4594 Mission Gorge PI. S.D. Ca, 92120 619 265-0501 Business Address: Tel. No.: 1 '/ years 40 yrs. Length of Residence in National City: San Diego County: California: 60 yrs. Business Administration Major at National University Educational Background: 28 '/ years Founder / President & C.E.O. United Domestic Workers of America. Representing 103,000 Homecare Employees in 29 California Counties. 2'A years representing Building Trades' Unions with Civic & Community Affairs Occupational Experience: Board Member: Cesar Chavez Service Clubs; Educate for the Future; San Diego Unity League & Member 1 Delegate San Diego & Imperial Counties Labor Council Professional or Technical Organization Memberships: See attachments 1 Civic or Community Experience, Membership, or Previous Public Service Appointments: See attachments Experience or Special Knowledge Pertaining to Area of Interest: I wrote several pieces of Legislation for the Homecare Industry which today serves 500,000 Elderly and Disabled Adults in California ! When I retired from UDW we had 11 offices in California, 113 Staff, 1.2 million dollar monthly income and had won Collective Bargaining Agreements for 50,000 Members and was at the table for another 50,000 ! Had established a Legislative Advocacy/ Lobbing Operation among the top 10 in the State. See Attachments for more information ! Have you ever been convicted of a crime? No: _X Yes: 3-14-11 Date: Signature: .N1.w.N01•41.4, M`/.v t... V *ow, 114,0109.00Wiliedisi i C6Yitattei w..ry n,w w 10••.w1 el,. -CI, 414 Jay... Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: October 1, 2009 BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations Civil Service Commission g BIOGRAPHICAL SKETCH KEN SEATON-MSEMAJI Founder & President Emeritus United Domestic Workers of America, AFL-CIO Ken Seaton-Msemaji is the principal founder of the United Domestic Workers of America (UDW) and served as its President and Chief Executive Officer from its inception as an Organizing Committee on August 14, 1977 until June 2005. UDW is the first successful Domestic Workers Union in the United States. UDW's jurisdiction encompasses 100,000 Homecare Workers spread all over the State of California. The members are home attendants who provide care to elderly and disabled recipients of In Home Supportive Services (IHSS). Mr. Seaton-Msemaji, a highly effective political and legislative strategist and organizer, is credited with building the Union from its first contract in San Diego in 1980, to its current membership, which spans twenty-nine California counties, and leading the Union through its most difficult challenges and battles. UDW is headquartered in San Diego County with eleven region field offices throughout the state, from Orange County to Humboldt County, to service its members. The birth of the Domestic Workers Union was inspired by the late Farm Labor and Civil Rights leader Cesar Chavez, who recruited Ken, Fahari Jeffers, Greg Akili & Raquel Beltran to embark on their historic mission. Chavez believed that Domestic Workers were the most exploited group of workers in society, who often labored under "wages and working conditions inferior to those of Farm Workers." Chavez' lifelong dream was to organize and empower the working poor by first building a union for Farm Workers to fight for justice in the fields, and second, to build a union for Domestic Workers to win justice for these who work in the cities. He had searched for fifteen (15) years and hoped to find an individual with the leadership and organizing ability, political expertise and commitment to the poor that would be needed for this near impossible task. That person was Ken Seaton-Msemaji. Ken Seaton-Msemaji has forty-eight (48) years of community, political and labor activism, which started during the Civil Rights and Black Power movements of the 60's and often including working in coalition with Chicano, to Asian and Native American activists and groups throughout the state and nation. Page Two Biography - Ken Seaton-Msemaji He co-founded several key organizations in the 60's and 70's, including the Congress of African Peoples, 1970 and National Black Political Convention, 1972, which led the effort to elect some of the first African -Americans to major political offices in California and across the nation. Incredibly, Ken was a founding member of the organization that created "Kwanzaa", 1965 the first Afro-American holiday in the United States. The Kwanzaa holiday was conceived and created by Dr. Maulana Karenga, and is observed nationally and worldwide. Ken Seaton-Msemaji is the recipient of numerous awards and citations for community, political, labor and civic involvements by such groups and organizations including the California State Legislature; 100 African - American Role Models; Legal Aide Society; A. Philip Randolph Institute, City of San Diego Mayoral Commendation, Community Peacemaker Award - Community Mediation Center, Special Congressional Recognition for Meritorious Achievement, Cesar E. Chavez Social Justice Award; 2002 Black History Month Heroes award sponsored by KPBS Television; 2003 Leadership for a Changing World Award - Ford Foundation; 2005 Cesar E. Chavez Humanitarian Award presented by the Barrio Station. Ken's tenure at United Domestic Workers of America made history. UDW is the first known labor organization for Domestic Workers in the nation and only the third union in American labor history to be founded by Blacks or Latinos. The Sleeping Car Porters Union founded by A. Phillip Randolph and the United Farm Workers Union founded by Cesar Chavez were the first two such history -making efforts. Under Ken's leadership and expertise, UDW was able to win the first collective bargaining law in the United States for any type of domestic worker, including Homecare Employees (July1999), and he defied the common restrictions that limited progress by making effective, first time bi-partisan (Democrats and Republicans) coalitions to achieve important goals. At the time of passage the collective bargaining law had 67 co-authors, both Assembly and Senate Democrats and Republicans. The California legislature has a total of 120 members! Because of Ken's vision, determination and leadership, he, Fahari Jeffers and the UDWA leaders, almost one million Homecare Workers across America have unionized and won their collective bargaining rights. It s estimated that by 2020 more than 5 million Homecare Workers nationwide will enjoy a better quality of life through their union. This is the largest achievement in American labor history since the creation of the AFL-CIO. Page Three Biography - Ken Seaton-Msemaji Ken's wife, colleague and co-founder of the UDWA, Fahari Jeffers came close to death, which forced both of them to prematurely leave their life's work "UDW "in June 2005. After caring for Fahari for a few years, Ken has returned to organized labor working for the Building Trades'; Laborers' Local 89; and the Sheet Metal Workers Union Local 206 in San Diego. Mr. Seaton-Msemaji is also a speaker and lecturer at various colleges and universities and has been featured in numerous news articles, television interviews and essays about labor organizing, African -American history and politics. Ken has been married to Fahari Jeffers for nearly thirty-five (35) years, is a father, grand -father and great, grand -father (a huge, huge family!). He is the second of his family born in the United States, their origins are in the Caribbean, West Indies. As an African -American of Latin descent he is a full and complete part of both communities. His parents are Ken Seaton, Sr. and Veda D. Seaton. Ken Seaton, Sr. passed away in August 2008 at the age of 88 and was heavily involved for decades, as was Jessie P. Jeffers, his mother-in-law. The three of them and his adopted mother Carmen Gutierrez traveled California numerous times assisting with the organizing of UDW. When time permits Ken enjoys studying history and viewing movies. He feels fortunate in having the opportunity to be a central part of three crusades. First, Black and Chicano Power, then the United Domestic Workers of America and currently Education Reform being led by San Diego Unified School Board President Richard Barrera (former UDW senior staff). Edited March 2011 13 RESUME KEN SEATON-MSEMAJI 1832 E. 12th Street National City, Ca. 91950 (619) 565-0623 - phone (619) 259-2890 - fax Kjsm2nd@yahoo.com SUMMARY OF QUALIFICATIONS Over 48 years of continuous and diversified practical experience in the following: *Community Organization *Public Relations *Public Speaking *Negotiations Education and Training: *Program and Strategic Planning *Organizing *Governmental Relations *Leadership Training *Fiscal Management *Lobbying *Fundraising {Teaching Training Trainers Program, Community Congress 9/76 - 6/77 National University, Business Administration 1974 - 1976 USC, School of Public Administration - Leadership Training 1966 - 1968 EMPLOYMENT: June 2008 to present: Joined the Building Trades, Laborers Local 89 and Sheet Metal Workers Local 206, serving as Political Director, to build the relationship between the union and elected & community leaders. And assisting with expanding our Market Share through Public Works Projects. June 2005 to June 2008 Retired from UDW, provided fulltime home care service for wife after her severe brain aneurysm, then provided professional consultation and organizational advice to a variety of businesses, organizations and political campaigns. August 1977 to June 2005 - United Domestic Workers of America (UDW) Title: Founder, President & Chief Executive Officer JDW is the first successful domestic workers union in the United States. UDW's jurisdiction encompasses 70,000 home care workers (today's numbers 103,000) spread over the State of California. Page Two - Resume Ken Seaton-Msemaji The members are home attendants who provide domestic and personal care services to elderly and disabled recipients of In Home Supportive Services HISS). Mr. Seaton- Msemaji, a highly effective political and legislative strategist and organizer, built the Union from its organizing phase, to its first contract in San Diego in 1980, to its current membership which spans twenty-nine California counties, and maintained and grew the Union through its most difficult challenges and battles. UDW is headquartered in San Diego County with several regional field offices throughout the state, from Orange County to Humboldt County and had beginning talks with the Governors of Arizona and New Mexico about unionizing their home care workers. -responsibilities: Chief union spokesperson and representative, chair of the National Executive Board and union conventions. Developed and implemented programs and directed personnel to fulfill union policy in organizing, collective bargaining, membership services, legislation and political action. February 1974 - November 1978 - NIA Cultural Organization, Inc. Title: Chairman and Chief Executive Officer Responsibities: Program development and administration; liaison to governmental agencies (local, state and federal); budget preparation and administration; fundraising; organization spokesperson; community development and advocacy; development and administration of training programs; supervision of staff and volunteers. June 1973 - January 1975 - Black Federation of San Diego County; co-founder Title: Community Development Specialist responsibilities: Budget preparation and administration; community advocacy, \s organizing and governmental affairs. January 1973 - December 1973 - Councilman Leon Williams Title: Intern Responsibilities: Public policy development; research; organizing; advisory committee liaison. Page Three - Resume Ken Seaton-Msemaji May 1971- June 1973 - Southeast San Diego Communications Complex Title: Assistant Director; Coordinator of Education and Training Responsibilities: Development of training and college accreditation, media programs direction And supervision of project activities; fiscal administration and governmental affairs. April 1970 - May 1971 - Congress of African Peoples, International Conference Title: Western States Regional Coordinator Responsibilities: Public Relations,; fundraising; organizer of western chapters; fiscal administration; staff supervision; media representative. January 1967 - July 1970 - Westminister Neighborhood Association, Inc. Urban Workshop; Social Action Training Center; Center for Social Action; Watts Summer Festival; L.A. Black Congress Title: Consultant Topics: Youth development & education; Afro-American culture; community organizing; politics; juvenile delinquency; violence. August 1969 - April 1970 - L.A. County Probation Department, Camp Miller Title: Deputy Probation Officer - Intern June 1968 - November 1968 - United Methodist Church Title: Instructor of Black Studies �6 1964 - 1968 - County of Los Angeles: Assessor's Office; Bureau of Public Assistance - Clerk; County Recorder - Photographic Copy Operator ; L. A. County Human Relations Commission & NAAPP - Field representative 1956 - 1965 - Gardener; domestic worker; busboy; clerk; dishwasher; cashier. Page Four - Resume Ken Seaton-Msemaji SPECIAL ACTIVITIES *Provided training, leadership development and special assistance to numerous organizations throughout California and the nation in organizing, fundraising, political strategy and public relations. Helped establish several state and national civil rights and social justice organizations. '`Served as lecturer and guest speaker at colleges and universities throughout the !ountry on a range of social and political issues and course curricula. *Spoke on topics of political interest, movement & community organization culture leadership and goals on various television and radio programs. *Provided consultation, strategic planning and general campaign assistance to dozens of Democratic and Republican political campaigns *Developed a unique and highly successful form of labor-management cooperative relations based on the concept that in order for an industry to be truly healthy, vibrant and long lived, all segments must be stable and must have their interests recognized and addressed. *Initiated and successfully won passage of major pieces of legislation concerning the California In Home Suporive Services (IHSS) program which have revolutionized the way these services are delivered in California bringing more fairness and equity to home attendant workers, more quality, reliability and continuity of care to elderly and disabled ervice recipients, and more cost effectiveness and accountability to the government and taxpayers. These pieces of legislation were signed into law by the Governor and had to pass in the legislature against historic odds. Getting these bills carried, passed and signed into law was the result of Ken Seaton-Msemaji having built incredible bi-partisan support in both houses of the California legislature and access to and respect by Governors of both parties. In July 1999 he led the passage and signing of the first law giving California IHSS home attendant workers the right to collective bargaining. In 2000 he won a law that allowed direct deposit of IHSS payroll checks for home attendant workers. In 2000 he also secured, through the legislature, one half billion dollars, to pay for the results of home care collective bargaining over the first few years. (Updated in March 2011) \% ITEM #2 5/4/11 APPROVAL OF THE MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION ADJOURNED MEETING OF FEBRUARY 5, 2011, THE SPECIAL MEETING OF FEBRUARY 8, 2011 AND THE REGULAR MEETING OF FEBRUARY 15, 2011 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. '3 EM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the recordation of a street easement initiated by George Albert Contreras, the property owner, on a parcel of land for street easement purposes located at 3005 F Avenue (A.P.N. 562-290-35-00). PREPARED BY: Charles Nissleyea DEPARTMENT: Development Services/ PHONE: 336-4396 Engine r' g ��g�9i�ision EXPLANATION: 30$1u APPROVED BY: �2 / 4 George Albert Contreras, the owner of the property/ located at 3005 F Avenue in National City, is planning to replace his existing chain link fence with a new property line wall to enhance the appearance of his property. In order to prevent a requirement to relocate the new wall in the future, Mr. Contreras offered to the City of National City that portion of his property that would be required to be dedicated in the future in the event the City of National City install new street improvements adjacent to his property. City staff checked the property location a found that it was advantageous to the City to accept the dedication in order to construct proper sidewalk and pedestrian ramps at the intersection of E.30th Street and F Avenue, an area situated across from Sweetwater Union High School. is resolution will also provide for the naming of that portion of the land as F Avenue. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: II FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution easement Documents 3. Legal Description 4. Plat 3005 290-35-00). RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM PROPERTY OWNER GEORGE ALBERT CONTRERAS, DIRECTING THE RECORDATION OF A GRANT DEED FOR A STREET EASEMENT OF A PORTION OF LAND FOR STREET PURPOSES AT 3005 F AVENUE, AND DEDICATING AND NAMING THE PARCEL OF LAND AS F AVENUE BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance, and to record the following instrument conveying an interest in real estate to the City of National City: GRANT DEED dated March 10, 2011, from George Albert Contreras (A.P.N. 562- BE IT FURTHER RESOLVED as follows: 1. That George Albert Contreras has conveyed the real property described in the attached Exhibit "A" to the City of National City for right-of-way purposes. 2. That the City of National City desires that said property be dedicated for public right-of-way purposes. 3. That the described real property in Exhibit "A" shall henceforth be known as a portion of F Avenue. PASSED and ADOPTED this 5th day of April, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor RECORDING REQUESTED BY City Clerk of City of National City 1243 National City Blvd. National City, Ca 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED APN 562-290-35-00 The undersigned grantor(s) declare(s): Document transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value Tess value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, George Albert Contreras hereby GRANT(S) to The City of National City an casement for public street purposes the real property in the City of National City, County of San Diego, State of California, described as: THAT PORTION OF THE LAND CONVEYED TO GEORGE ALBERT CONTRERAS BY DEED RECORDED SEPTEMBER 5, 2003 AS DOCUMENT NO. 2003-1087974, BEING A PORTION OF THE WESTERLY % OF THE EASTERLY % OF 10 ACRE LOT 10, QUARTER SECTION 152, RANCIIO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166 BY MERRIL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". MAiZc-1 co,',oik Dated State of California County of SAN DIEGO ) S.S. On March 10, 2011 before me Charles A. Nisslev Jr., Notary Public personally appeared George Albert Contreras Signature of Gra orge Albert Contreras who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS m ha .r r rrr ntt i (This area for official notarial seal) Signature MAIL TAX STATEMENTS TO, c HARLE$ A I'M>>St EY 84XD1193000Urn, " Cmra E1�•ditt g111 1 EXHIBIT 'A' LEGAL DESCRIPTION THAT PORTION OF THE LAND CONVEYED TO GEORGE ALBERT CONTRERAS BY DEED RECORDED SEPTEMBER 5, 2003 AS DOCUMENT NO. 2003-1087974, BEING A PORTION OF THE WESTERLY '/ OF THE EASTERLY % OF 10 ACRE LOT 10 ,QUARTER SECTION 152, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166 BY MERRIL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LAND CONVEYED TO GEORGE ALBERT CONTRERAS BY DEED RECORDED SEPTEMBER 5, 2003 AS DOCUMENT NO. 2003-1087974, SAID POINT BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF 'F' AVENIJE LYING 30 FEET EASTERLY OF THE CENTERLINE OF SAID F AVENUE AND THE SOUTHERLY RIGHT OF WAY LINE OF 30T1l STREET AS DEEDED TO THE COUNTY OF SAN DIEGOIN DEED RECORDED NOVEMBER 27, 1968 AS FILE NO. 208507, ALSO BEING THE NORTHERLY LINE OF SAID LAND CONVEYED TO GEORGE ALBERT CONTRERAS; THENCE ALONG SAID NORTHERLY LINE OF THE LAND CONVEYED TO GEORGE ALBERT CONTRERAS, NORTH 72° 11' 34" EAST, 19.97 FEET TO A POINT OF CUSP WITH A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 17° 48' 26" WEST; THENCE SOUTIIWESTERLY, SOUTIIERLY AND SOUTHEAASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 54' 21" TO A POINT OF CUSP AND TANGENCY WITH SAID EASTERLY RIGIIT OF WAY LINE OF F AVENUE, ALSO BEING THE WESTERLY LINE OF SAID LAND CONVEYED TO GEORGE ALBERT CONTRERAS, A RADIAL TO SAID POINT BEARS SOUTH 72° 17' 13" WEST; THENCE ALONG SAID GEORGE ALBERT CONTRERAS WESTERLY LINE,ALSO BEING THE EASTERLY LINE OF SAID `F' AVENUE NORTH 17° 42' 47" WEST, 19.97 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 85.51 SQUARE FEET MORE OR LESS. Steven A. Bliss PLS 5652 3-4-/I DATE 2 EXHIBIT "B" SWEETWATER HIGH SCHOOL T.P.0.B N7211'34"E w z Q l30' 60' BASIS OF BEARINGS POR W'LY 1/2 OF E'LY 1/2 OF 10 ACRE LOT 10, 1/4 ` . SEC 152, RANCHO DE LA N OAATION, IN THE CITY OF TIONAL CITY, COUNTY OF N N DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 166, RECORDED MAY 11, 1869 LEGEND BASIS OF BEARINGS RS 778-1 30TH STREET N72'11'34"E LN17'48'26"W 03/ -D= 89'54'21" S72'17'13"W_031 R= 20' L= 31.38' J A.P. NO. 562-290-35 GEORGE ALBERT CONTRERAS DCO. NO. 2003-1087974 REC. 9-05-03 A.P. NO. 562-290-28 INDICATES AREA DEDICATED TO THE CITY OF NATIONAL CITY=85.51 SQ. FT + T.P.O.B. INDICATES TRUE POINT OF BEGINNING BASIS OF BEARINGS THE BASIS OF BEARING FOR THIS PLAT IS THE CENTERLINE OF 30TH STREET ACCORDING TO ROAD SURVEY NO. 778-1 I.E.7211'34"E 241H ST VICINITY MAP NO SCALE ItNGINEL�RING DEPARTMENT CITY OF NATIONAL CITY aurora NM GRAPHIC SCALE 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. A.P. NO. 562- 290- 37 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION. .14/ 3-4 -/l STEVEN A. BLISS PLS 5652 DATE GRANT OF RIGHT OF WAY 3005 F AVENUE SOUTHEAST CORNER SOW STREET IND F 4171 stoner 1 or CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 4 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of approximately 1400 feet of parking lane striping on the north side of Division Street from Gilbert Lane to the west to create an 8-foot parking lane to provide a buffer between parked vehicles / vehicles exiting the private driveways and through traffic (TSC Item No. 2011-6) �r► PREPARED BY: Stephen Manganiello, Traffic Engineer �Z41 DEPARTMENT: Deve ► • • . rvices / PHONE: 619-336-4382 APPROVED BY. EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on March 9, 2011 the Traffic Safety Committee approved the staff recommendation to install parking lane striping to enhance safety. ATTACHMENTS: ixplanation ,tesolution 3. Staff Report to the Traffic Safety Committee (March 9, 2011) Explanation Mr. Chris Warburton, project manager for the new Pacific View Estates development located on Division Street and Fig Court, is concemed that the new homeowners will have difficulty exiting their driveways due to the speed of traffic on Division Street. Staff recently installed an overhead radar speed feedback sign with flashing beacon assembly for eastbound traffic on Division Street, west of Palm Avenue, as part of a Safe Routes to School grant project. Mr. Warburton mentioned that the Pacific View Estates developer may be interested in contributing towards a smaller -scale speed feedback sign / flashing beacon assembly for westbound traffic upon completion of the project. As an immediate action, staff recommends installing approximately 1,400 feet of 8"-wide parking lane striping on the north side of Division Street from Gilbert Lane to the west to provide a buffer between parked vehicles / vehicles exiting the private driveways and through traffic. The outside travel lane is 19 feet wide which allows for an 11-foot travel lane and an 8-foot parking lane. Pacific View Estates supports staffs recommendation and has agreed to install the striping, under the supervision of City Public Works and Engineering. TSC 2011-6 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF APPROXIMATELY 1,400 FEET OF PARKING LANE STRIPING ON THE NORTH SIDE OF DIVISION STREET FROM GILBERT LANE TO THE WEST TO CREATE AN 8-FOOT PARKING LANE TO PROVIDE A BUFFER BETWEEN PARKED VEHICLES, VEHICLES EXITING THE PRIVATE DRIVEWAYS, AND THROUGH TRAFFIC WHEREAS, the Project Manager for the new Pacific View Estates development located on Division Street and Fig Court, is concerned that the new homeowners will have difficulty exiting their driveways on Division Street due to the speed of traffic; and WHEREAS, the Project Manager indicated that the Pacific View Estates developer may be interested in contributing towards a speed feedback sign with flashing beacon assembly for westbound traffic on Division Street upon the completion of the project; and WHEREAS, as an immediate action, staff recommends the installation of approximately 1,400 feet of 8-inch wide parking lane striping on the north side of Division Street, from Gilbert Lane to the west to provide a buffer between parked vehicles, vehicles exiting the private driveways, and through traffic; and WHEREAS, the Pacific View Estates developer supports staff's recommendation, and has agreed to install the striping, under the supervision of City staff; and WHEREAS, on March 9, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of approximately 1,400 feet of 8- inch wide parking lane striping on the north side of Division Street, from Gilbert Lane to the west to provide a buffer between parked vehicles, vehicles exiting the private driveways, and through traffic. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Recommended Improvements [3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 9, 2011 ITEM TITLE: REQUEST FOR TRAFFIC CALMING AND SAFETY ENHANCEMENTS ON DIVISION STREET WEST OF PALM AVENUE (BY C_ WARBURTON) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Chris Warburton, project manager for the new Pacific View Estates development located on Division Street and Fig Court, has requested traffic calming on Division Street west of Palm Avenue_ He states that seven new homes will be taking access directly from Division Street. He is concerned that the new homeowners will have difficulty entering and exiting their driveways due to the speed of traffic on Division Street Staff recently installed an overhead radar speed feedback sign with flashing beacon assembly for eastbound traffic on Division Street, west of Palm Avenue, as part of a Safe Routes to School grant project. Mr_ Warburton mentioned that the Pacific View Estates developer may be interested in contributing towards a smaller -scale speed feedback sign / flashing beacon assembly for westbound traffic_ In addition to a speed feedback sign and/or flashing beacon assembly, staff recommends installing approximately 1,400 feet of parking lane striping on the north side of Division Street to provide a buffer between parked vehicles / vehicles entering and exiting the driveways and through Traffic The outside travel lane is 19 feel wide which allows for an 11-foot travel Zane and an 8-foot parking lane. STAFF RECOMMENDATION: Staff recommends the following traffic calming and safety enhancements for westbound traffic on Division Street, west of Palm Avenue, to be installed by the developer of Pacific View Estates: 1) Install approximately 1,400 feet of 8-inch side of Division Street from Gilbert t-ane lane to provide a buffer between parked the driveways and through traffic; 2) Install a radar speed feedback sign and/or flashing beacon assembly on Division Street, west of Gilbert Lane. EXHIBITS: 1_ Correspondence 2_ Location Map 3_ Photos white parking lane striping on the north to the west to create an 8-foot parking vehicles / vehicles entering and exiting 2011-6 2 Stephen Manganiello Erom: Chris Warburton (cwarburton@coxnet1 Sent: Monday, February 28, 2011 3:10 PM Stephen Manganielto t: Division Street Hi Steve. Ne are excited to begin building new single family homes on Division Street between Palm Avenue and -iighland as part of our Pacific View Estates development_ Seven of the new hornes have driveways that .nter directly off Division Street_ have noticed the vehicles on Division Street often move at a high speed and 1 am concerned about the safety of the future homeowners driving in and out of their driveways. ;could you evaluate and make recommendations to ease the traffic speed and improve the safety for the iew homeowners? -hank You, ;hris Warburton 'acific View Estates 19-804-5830 1/2011 Location Map Division Street, west of Laurel Street (looking west) Division Street, west of Laurel Street (looking east) 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 5 'EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of parking lane striping and signage on the 800 block of Edgerton Way to discourage vehicles from blocking pedestrian gates (TSC Item No. 2011-5) PREPARED BY: Stephen Manganiello, Traffic Engineer Pis DEPARTMENT: PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on March 9, 2011 the Traffic Safety Committee approved the staff recommendation to install parking lane striping and signage to discourage vehicles from blocking pedestrian gates. ATTACHMENTS: Explanation z. Resolution 3. Staff Report to the Traffic Safety Committee (March 9, 2011) Explanation Mrs. Alicia Jacome, owner of 926 E. 8th Street, which is located on the southwest corner of E. 8th Street and Edgerton Way, has requested "No Parking" in front of her gated walkway. Currently, vehicles park in front of the gate obstructing pedestrian ingress and egress. Edgerton Way is a one-way street southbound between E. 8th Street and E. 9th Street. The roadway width is approximately 30 feet and "No Parking" signs are posted on the east side of the street to allow for emergency vehicle access. Staff visited the site and noted a total of five gated walkways on the west side of the street. Staff recommends installing 8"-wide parking lane striping approximately 4 feet from the right edge of pavement with signage to discourage vehicles from blocking pedestrian gates. The 4-foot wide area between the parking lane striping and the edge of pavement will serve as an accessible pedestrian walkway to the individual properties. Right of way for emergency vehicle access will still be maintained after installation of the striping. All work will be completed by the City Public Works Department. TSC 2011-5 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF PARKING LANE STRIPING AND SIGNAGE ON THE WEST SIDE OF THE 800 BLOCK OF EDGERTON WAY TO DISCOURAGE VEHICLES FROM BLOCKING PEDESTRIAN GATES WHEREAS, a National City resident living at 926 East 8th Street, which is located on the southwest corner of East 8th Street and Edgerton Way, has requested "No Parking" in front of her pedestrian gateway on Edgerton Way to prevent vehicles from obstructing pedestrian ingress and egress; and WHEREAS, Edgerton Way is a one-way street southbound between East 8th Street and East 9th Street with "No Parking" signs posted on the east side of the street to allow for emergency vehicle access; and WHEREAS, upon inspection the sight, staff noted a total of five gated walkways on the west side of the 800 block of Edgerton Way; and WHEREAS, staff recommends the installation of 8-inch wide parking lane striping on the west side of the 800 block of Edgerton Way, approximately four feet from the edge of pavement, with signage, to discourage vehicles from blocking the pedestrian gateways; and WHEREAS, on March 9, 2011, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 8-inch wide parking lane striping on the west side of the 800 block of Edgerton Way, approximately four feet from the edge of pavement, with signage, to discourage vehicles from blocking the pedestrian gateways. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 9, 2011 ITEM TITLE: TEM NO. 2011-5 REQUEST FOR NO PARKING IN FRONT OF GATED WALKWAYS ON THE 800 BLOCK OF EDGERTON WAY (BY A. JACOME) PREPARED BY: Stephen Manganielto, Engineering Department DISCUSSION: Mrs. Alicia Jacome, owner of 926 E. 8th Street, which is located on the southwest corner of E. 8`h Street and Edgerton Way, has requested "No Parking" in front of her gated walkway. Currently, vehicles park in front of the gate obstructing pedestrian ingress and egress. Staff visited the site and noted a total of five gated walkways on the west side of the street_ The roadway width is approximately 30 feet and "No Parking" signs are posted on the east side of the street to allow for emergency vehicle access. STAFF RECOMMENDATION: Staff recommends striping a "No Parking" zone in front of each gated walkway on the west side of the 800 block of Edgerton Way to discourage blocking of the gates and allow for enforcement_ EXHIBITS: 1_ Correspondence 2_ Location Map 3_ Photos 2011-5 1 Stephen Manganiello From: Armando Vergara Sent: Thursday, January 27, 2011 11:42 AM Stephen Manganiello; Alfredo Cabal Cc: Ronny Soriano Subject: RE: Mrs Jacome at 800 Edgerton way Steve, I believe its 619 434-3151 Armando From: Stephen Manganiello lent: Thursday, January 27, 2011 11:23 AM fo: Alfredo Cabal 2c: Armando Vergara; Ronny Soriano iubject: RE: Mrs Jacome at 800 Edgerton way \Ifredo, Ne have a proposal for keeping the walkways dear and will take this to our Traffic Safety Committee in J1arch. Do you have Mrs. Jacome's number so I can give her an update? [hanks. itephen rrganiello Traffic Engineer of Notional City engineering Department 243 A"ational City Boulevard Vational City, CA 91950 rhone: 619-336-4380 ax= 619 336-4397 lireet: 619-336-4,382 mail snranganiellognationalcitrca.gov vebsite: www.nationalcityca.gov :rom: Alfredo Cabal ;ent: Tuesday, January 25, 2011 2:11 PM 'o: Stephen Manganiello :c: Armando Vergara; Ronny Soriano subject: Mrs Jacome at 800 Edgerton way 3ood afternoon Steve, respectfully request a red no parking line to stretch past Mrs. Jacome's walkway ntrance? Why? Safety for vehicles that pass around corner into Edgerton way_ Enclosed are some ictures to view. 'red Cabal (PRO) 3/7/2011 dui uoiJno1 800 block of Edgerton Way (looking south) Vehicle Mocking gated walkway on Edgerton Way (looking east) 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 6 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a Stop sign on Mary Lane at Ethel Place, and installation of red curb "No Parking" at the southwest corner of the intersection to enhance safety (TSC Item No. 2011-4) PREPARED BY: Stephen Manganiello, Traffic Engineer/h` DEPARTMENT: Develoices / PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on March 9, 2011 the Traffic Safety Committee approved the staff recommendation to install a Stop sign and red curb "No Parking". ATTACHMENTS: Explanation �..tesolution 3. Staff Report to the Traffic Safety Committee (March 9, 2011) Explanation Ms. Anne Campbell, resident of 1129 Mary Lane, has requested a Stop sign and red curb "No Parking" at the intersection of Ethel Place and Mary Lane. Ms. Campbell states that visibility is obstructed when vehicles park at the southwest corner of the intersection. She also explains that installation of a Stop sign on Mary Lane would enhance safety. Staff visited the site and observed vehicles parked near the corner of the intersection, which is currently "uncontrolled" for all three approaches. Staff agrees that a Stop sign and red curb "No Parking" would enhance safety and visibility at the intersection. Since this is a low -volume, "T" intersection, installation of a Stop sign on Mary Lane would be appropriate. Staff reviewed the traffic collision history for the study intersection and found no "reported" collisions. Staff recommends the following safety enhancements for the intersection of Ethel Place and Mary Lane: 1) Install a Stop sign on Mary Lane with 25 feet of red curb "No Parking"; 2) Install 20 feet of red curb "No Parking" on the west side of Ethel Place, south of Mary Lane to enhance visibility. All work will be completed by the City Public Works Department. TSC 2011-4 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A STOP SIGN ON MARY LANE AT ETHEL PLACE, AND THE INSTALLATION OF PAINTED RED CURB "NO PARKING" AT THE SOUTHWEST CORNER OF THE INTERSECTION TO ENHANCE TRAFFIC SAFETY WHEREAS, a National City resident has requested a painted red curb "No Parking" at the intersection of Ethel Place and Mary Lane to prevent cars from obstructing visibility by parking at the southwest corner of the intersection, and the installation of a "Stop" sign on Mary Lane to enhance traffic safety; and WHEREAS, after inspecting the sight, staff recommends the installation of a Stop sign and 20 feet of painted red curb "No Parking" on Mary Lane, and 20 feet of painted red curb "No Parking" on the west side of Ethel Place, south of Mary Lane to enhance traffic safety; and WHEREAS, on March 9, 2011, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a "Stop" sign and 20 feet of painted red curb "No Parking" on Mary Lane, and 20 feet of painted red curb "No Parking" on the west side of Ethel Place, south of Mary Lane to enhance traffic safety. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 9, 2011 ITEM NO. 2011-4 ITEM TITLE: REQUEST FOR STOP SIGN AND RED CURB "NO PARKING" AT THE INTERSECTION OF ETHEL PLACE AND MARY LANE (BY A. CAMPBELL) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Anne Campbell, resident of 1129 Mary Lane, has requested a Stop sign and red curb "No Parking" at the intersection of Ethel Place and Mary Lane_ Ms. Campbell states that visibility is obstructed when vehicles park at the southwest comer of the intersection_ She also explains that installation of a Stop sign on Mary Lane would enhance safely. Staff visited the site and observed vehicles parked near the corner of the intersection, which is currently "uncontrolled" for all three approaches. Staff agrees that a Stop sign and red curb "No Parking" would enhance safety and visibility at the intersection. Since this is a low -volume, "T" intersection, installation of a Stop sign on Mary Lane would be appropriate. Staff reviewed the traffic collision history for the study intersection and found no "reported" collisions_ STAFF RECOMMENDATION: Staff recommends the following safety enhancements for the intersection of Ethel Place and Mary Lane 1) Install a Stop sign on Mary Lane with 25 feet of red curb "No Parking"; 2) Install 20 feel of red curb "No Parking" on the west side of Ethel Place, south of Mary Lane to enhance visibility EXHIBITS: 1_ Correspondence 2_ Location Map 2011 4 1 February 16, 2011 TO: Steve Manganielto Traffic Engineer FROM: Anne Campbell 1 129 Mary Lane National City, CA 91950 RE: Intersection of Ethel Place and Mary Lane I am requesting a traffic safety study of the intersection of Ethel Place and Mary Lane_ Due to parked cars on Ethel Place, the south side of the intersection does not provide for a clear view either by cars turning Icft from Ethel Place onto Mary Lane or for cars coning up the hill and turning right onto Ethel Place. Red curt) on that corner and a stop sign would slow traffic and provide for visibility for drivers at the intersection_ Please contact me if you need further information. Thank you. 2 defy uoprao-I CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 7 TEM TITLE: Resolution of the City Council of the City of National City Authorizing the Mayor to sign a 1 year extension to the Agreement between the City of National City and San Diego Sports Medicine and Family Health Center for Wellness Program Services. (Fire) PREPARED BY: Walter Amedee �.✓ PHONE: 619-336-4556 EXPLANATION: DEPARTMENT: Fir APPROVED BY: Over the last five years, the National City Fire Department (NCFD) has participated in the San Diego Firefighters Regional Wellness Program (now known as the San Diego Sports Medicine and Family Health Center). An Agreement was signed on March 16, 2010. Section 2.2 Options to Renew of said Agreement states: By mutual consent, this agreement may be renewed for three (3) one (1) year options, each for a period of one (1) year after the expiration of the original term, or the preceding one-year option term. The NCFD would now like to extend the Agreement for one year. At the Council meeting on March 1, 2011, the City Council accepted a grant award to continue to participate in the Wellness Program. In order to participate in the Wellness Program, the NCFD needs to have an Agreement in place in order to participate. Staff recommends the City Council authorize the Mayor to sign an extension to the ireement. FINANCIAL STATEMENT: APPROVED- ACCOUNT NO. 001-412-125-205-0000/282-412-939-205-0000APPROVED: Finance MIS Minor impact; Department of Homeland Security has awarded $40,589 or 80% in new funding to the NCFD. The grant match of $10,147 will come from the existing NCFD Medical Services Account. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the City Council authorize the Mayor to sign the extension to the Agreement. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Contract Renewal Letter Resolution. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER FOR WELLNESS PROGRAM SERVICES WHEREAS, the City of National City Fire Department was awarded grant funds in the amount of $38,656 from the FY 2009 Assistance to Firefighters Grant, to be used to join the San Diego Sports Medicine and Family Health Center for Wellness Program; and WHEREAS, on March 16, 2010, the City Council adopted Resolution No. 2010- 38, approving an Agreement with San Diego Sports Medicine and Family Health Center, making San Diego Sports Medicine and Family Health Center the health provider agency of the National City Fire Department's Wellness Program; and WHEREAS, on March 1, 2011, the City Council authorized 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 an additional year; and WHEREAS, Section 2.2 ("Options to Renew") of said Agreement states that by mutual consent, the Agreement may be renewed for three one-year terms after the expiration of the original Agreement; and WHEREAS, the National City Fire Department and San Diego Sports Medicine and Family Health Center desire to extend the original 2010 Agreement for a term of one year through April 15, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with San Diego Sports Medicine and Family Health Center to be the health provider agency for the National City Fire Department's Wellness Program for an additional year through April 15, 2012. Said First Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER This First Amendment to the Agreement is entered into this 5th day of April 2011, by and between the City of National City, a municipal corporation ("CITY"), and San Diego Sports Medicine and Family Health Center ("SDSM") for Wellness Program Services. RECITALS A. The CITY and the SDSM entered into an Agreement on March 16, 2010 ("the Agreement"), wherein SDSM agreed to be the health provider agency for the National City Fire Department's Wellness Program. B. The Agreement provides that the City may extend the term for one-year intervals after the expiration of the Agreement. C. The parties desire to extend the Agreement for one year, through April 5, 2012. NOW, THEREFORE, the parties hereto agree as follows: 1. The Agreement, pursuant to Section 2, is extended for one year through April 5, 2012; 2. Each and every term of the Agreement, shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written above. CITY OF NATIONAL CITY SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER By: Bv: Ron Morrison, Mayor Richard Parker, D.O., F.A.O.A.S.M. Wellness Director APPROVED AS TO FORM: Claudia G. Silva City Attorney AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER FOR WELLNESS PROGRAM SERVICES THIS AGREEMENT is made, entered into, and effective as of the latest date set forth on the signature page hereto, by and between the City of National City on behalf of the National City Fire Department (NCFD), with its principal place of business located at 1243 National City Boulevard, National City, CA. 91950 and San Diego Sports Medicine & Family Health Center (SDSMFHC), A Medical Corporation, with its principal place of business located at 6699 Alvarado Road, Suite 101, San Diego, CA 92120. RECITALS WHEREAS, the NCFD will participate in the San Diego Firefighters Regional Wellness Program (SDFFRWP) which is in compliance with the International Association of Fire Fighters (IAFF) and the International Association of Fire Chiefs (IAFC) Health and Wellness Initiative guidelines; and WHEREAS, the NCFD has determined SDSMFHC has the expertise, experience, and personnel necessary to provide Wellness Program services required by the NCFD and described in the IAFF/IAFC Fire Service Joint Labor Management Wellness -Fitness Initiative (IAFF, 1999, ISBN# 0-942920-36-8) (http://www.iaf£org/safe/wellness2.htm1). The program described in IAFF/IAFC Fire Service Joint Labor Management Wellness - Fitness Initiative (IAFF, 1999, ISBN# 0-942920-36-8) shall henceforth be described as the "Wellness Program" or "NCFD's Wellness Program"; and WHEREAS, the City of National City and SDSMFHC desires to enter into a contractual relationship which makes SDSMFHC the health provider agency of the NCFD's Wellness Program; NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Section 1. Compensation. 1.1 The City of National City and SDSMFHC agree to pay and bill respectively in accordance with the rates, fees and restrictions set forth in Item 1.2, 4.1,4.2.9, 4.3, and 4.4 of this agreement. 1.2. SDSMFHC shall provide an invoice for services rendered during a calendar month to the NCFD by the 10`h day of the next month. Services will be itemized, and presented in the following categories: 1.1.1. Clinical services 1 1.1.2. Consultation services 1.1.3. Lecture and workshop services Section 2. Term. 2.1. Term. The term of this Agreement shall be for a period of one (1) year from the effective date hereof. 2.2. Options to Renew. By mutual consent, this agreement may be renewed for three (3) one (1) year options, each for a period of one (1) year after the expiration of the original term, or the preceding one-year option term. Each option term shall be renewed on the same terms as this Agreement, except that the rates in section 4.1, 4.29, 4.3 and 4.4 may be increased or decreased by mutual written agreement of the parties. Any rate changes shall be made at the time of exercise of the option, to take effect at the beginning of the new one year period unless otherwise agreed to in writing by the parties. 2.3. Exercise of Option to Renew. The City of National City shall give notice in writing of their intention to renew at least sixty (60) days prior to the expiration of the Agreement, or of the prior option term. If notice is provided by the NCFD to SDSMFHC, such notice shall be sent by mail addressed to: Katie Rusk, Project Manager San Diego Sports Medicine & Family Health Center 6699 Alvarado Road, Suite 101 San Diego, CA 92120 Section 3. NCFD Obligations. 3.1 Administration. The Chief of the NCFD or designated representative shall administer this Agreement on behalf of the NCFD and represent the NCFD in all matters pertaining to the Agreement. Section 4. SDSMFHC Obligations. 4.1. Wellness Program Services. SDSMFHC agrees to provide services rendered at the location identified in Item 4.2 below, to NCFD employees participating in the Wellness Program (hereinafter "NCFD Employees"), at the fees for service identified in Item 4.3. SDSMFHC agrees to perform and/or coordinate all services identified in the Fire Service Joint Management Wellness - Fitness Initiative. The five components are Medical, Fitness, Injury Prevention and Rehabilitation, Behavioral Health and Data Collection. SDSMFHC agrees to provide the following services and/or collection of information: 2 a. Prior to Medical Evaluation SDSMFHC agrees to provide all the necessary forms, reports, and documentation for the requested information listed below: Introductory letter describing the Firefighter Initiative Health history/Lifestyle questionnaire Health risk assessment Exercise risk assessment Participant information HIPAA information and acknowledgment Nutrition and diet analysis Arbitration agreement Explanation of testing procedures Instructions for participation Laboratory requisition (participant will have labs drawn at least one week prior to evaluation) Respiratory fit clearance form Directions to facilities SDSMFHC will coordinate and provide staff to have blood drawn for lab analysis at designated fire stations at least one week prior to the participants' Wellness evaluation. The cost of this mobile service is included in the package price for the Medical Fitness Evaluations listed in section 4.3. b. Medical Evaluation Each participant will receive the following evaluations and follow up at the SDFFRWP Wellness Center: Vitals: height, weight, blood pressure, pulse, temperature and respirations Complete hands-on physical examination by a Physician or Physicians Assistant (PA). Blood profile including a CBC, chemistry panel and lipid panel. TSH screening (cardiovascular risk screening) is optional and at an additional cost in accordance with the fee schedule. Chest x-ray Pulmonary Function Test, including lung volume and flow rate 12 lead EKG Lifestyle Questionnaire and Nutritional Risk Assessment Hearing and Vision screening Cancer screening, as appropriate, at an additional cost, including PSA, Hemocult, Pap Smear, Mammogram, CA-125. DOT/DMV physical form 3 c. Fitness Evaluation Maximal/Sub-Maximal (age determined) Exercise Test monitored by a 12 lead EKG Body Composition Abdominal Endurance Crunch Test Push-up Evaluation of Upper Body Strength and Endurance Grip Strength utilizing a hand dynamometer Leg Strength using the Jackson Strength Evaluation System Arm Strength using the Jackson Strength Evaluation System Functional Movement Screening Flexibility evaluation In addition to the requested evaluations, assessment of low back muscular endurance at initial fitness evaluation using the Biering-Sorensen Test will be performed at no additional cost d. Schedule for Medical and Fitness Evaluations For each individual participating in the program: 45-60 minutes with Physician: physical exam, review labs and other test results 45-60 minutes with Exercise Physiologist: treadmill test, exercise consult, nutrition consult 45 minutes with Strength and Conditioning Personnel: strength, flexibility, body composition 45 minutes with Medical Assistant: vitals, vision, blood draw, hearing, pulmonary function, chest x-ray, review history and immunizations e. Follow-up Consultation with Physician at time of initial appointment. Follow-up on findings from annual examinations will be reviewed by the physician at time of evaluation. Abnormal findings on the annual physical will be addressed with specific recommendations to control or remedy the abnormality, and with recommendations for follow up or referral. Referrals will be made as appropriate for non -service connected issues, using the participants Primary Care Provider. f. Personalized feedback from Exercise Physiologist and Athletic Trainer/Peer Fitness Trainer: Individual's level of fitness Level of improvement since past assessments Realistic evaluation of the individual's physical capacity to safely perform assigned jobs Suggested exercise program Comprehensive wellness/fitness program recommendations Firefighter Physical Performance Standard Score Physical Fitness Age Assessment 4 g• Personalized written Health and Wellness Report Each firefighter will receive an individual packet of the medical and fitness evaluation that outlines his/her results. The report will outline recommendations for each individual to improve and maintain fitness, as well as recommend treatment or follow up for any medical condition. Educational material regarding various health topics will be included in the packet. h. Reporting and Recommendations SDSMFHC agrees to incorporate the current criteria used in Respiratory Fitness Clearance and Department of Motor Vehicles medical evaluations with regard to findings and risks. It is not the intention of the Wellness Program to re -define the existing fitness -for -duty criteria. Strict confidentiality and maintenance of records will be adhered to throughout any reporting and/or referral procedures. 1• Data Collection SDSMFHC will provide scientific and technical support related to data collection and analysis. Data shall he collected an stored on the electronic database designed by SDSMFHC specifically for the Services to be performed under this agreement. Data Collection services shall include the following: a. Storage of past, current and future data on a secure server. Data shall be backed up weekly and kept at a remote location. b. Analysis of data for errors, omissions and outliers. Statistical analysis shall be performed to summarize the demographic medical fitness outcomes on each individual as well as the group as a whole. c. Development of an annual report which shall be presented to Senior NCFD Staff which identifies health trends and concerns. d. Development of new strategies for data collection and reporting. e. Evaluating and analyzing data for individual and group disease management. f. Integrating data with other fire departments in a confidential manner in compliance with all federal and state law. Education Program SDSMFHC will provide educational hours over the year for Wellness participants. The Education component will be multifaceted in its delivery. The intent of the Education Component is to address those areas of interest and concern for the health and fitness of the National City Firefighters. The Education Component shall include the following: a. Nutrition station as part of the annual physical; b. Biannual newsletter; c. Stations visits which will include, but not be limited to educational sessions on exercise, fitness, nutrition and health related topics. 5 d. Individual counseling for high risk individuals and those with specific nutrition and exercise needs; e. Development of educational material for Personal Profile and group education projects (i.e. Fiber challenge, Big Burn Challenge, Body Blast workout, Health Fire Fighter recipes; f. Providing resources and Consultant staff on health and fitness related issues (i.e. return to work issues, training issues, Cross Fit, medical advice regarding injury treatment and more) g. Providing a Registered Dietician to help those individuals with high risk nutritional/health related problems. h. Providing an Athletic Trainer to help those individuals with specific injury related problems identified by Physician. The Education Program consists of initial education, as well as recurrent education. Fees for the initial portion of the Educational Program are included in the set fee for Medical and Fitness Exams for Wellness Participants. k. Hazardous Materials Technician Physical Some of the firefighters in the NCFD may be designated as Hazardous Materials Technicians. Their special requirements for a physical will include the following: a. All of the components and procedures of the Respiratory Fit Evaluation b. Blood testing consisting of CBC, chemistry panel and heavy metals (arsenic, mercury and lead) and archiving of the results on entrance into the Hazardous Materials Program. c. Cholinesterase on a yearly basis. d. Any additional blood testing required for specific or known exposure e. EKG f. Treadmill I. Immunizations SDFFRWP agrees to offer NCFD, at NCFD discretion, employees on -duty influenza immunization and PPD (Tuberculosis) testing at strategic locations throughout the NCFD, as identified by the NCFD and agreed upon with the Wellness Officer, and charged according to the fee schedule in 4.3. These services are mobilized and can accommodate 30 participants at one time. Each participant will complete a consent form describing risk and benefits of vaccines and PPD placement. Each participant will receive the immunization and/or PPD. A licensed individual will he present to administer or supervise administration of the immunization or PPD. The PPD will be read within 48 to 72 hours by a certified individual. Scheduling will be determined by the NCFD and agreed upon with the Wellness Officer. 6 m. Other Immunizations All immunization records and history of immunizations (that Participants provide) will be kept in patients chart. Review of immunizations will be made at the time of Wellness physical or respiratory fit exam. Necessary immunizations including Hepatitis B will be given at that time and charged according to the fee schedule in 4.3. Additional immunizations as part of a series will be administered on an individual basis at the Wellness Center, scheduled by the Wellness Officer. All immunizations will he preauthorized by the City of National City. 4.2. SDFFRWP Wellness Program Facilities. 4.2.1. Wellness Program Locations. SDFFRWP agrees to provide Wellness Program services to NCFD Employees at the following location: SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER (Hosted by San Diego Sports Medicine and Family Health Center) 6699 Alvarado Road, Suite 101, San Diego, CA 92120 4.2.2. Staffing and Hours of Operation. SDSMFHC shall maintain a medical facility staffed by licensed physicians and technicians during business hours. In agreement with the City of National City, SDSMFHC shall commit to the days and hours of operation to comply with the goals of the Wellness Program and the Wellness Initiative. 4.2.3. Priority Appointments. SDSMFHC shall maintain a licensed physician or physician assistant available to examine and treat NCFD Employees that have arrived for their appointment. 4.2.4. Medical Specialists. SDSMFHC shall have "on call" medical specialists to examine patients either at the facilities listed above or at the specialist's office, for medical emergencies and follow-up care. 4.2.5. Medical Consultants. SDSMFHC shall maintain a list of medical specialty consultants for referral to NCFD Employees. 4.2.6. Other Medical Services. SDSMFHC shall provide radiological facilities on -site at the Wellness Center to facilitate comprehensive examinations. 4.2.7. Weekend and Evenings. The Wellness Center will not operate on weekends or evenings. 4.2.8. Cancelled/Delayed appointments. The NCFD is engaged in "All - Risk" emergency services, 24-hours a day. Due to unforeseen emergencies (fires, major incidents, disasters, etc.), it may be possible that an 7 emergency crew and/or support personnel are otherwise engaged in emergency operations and unable to keep their appointment at the Wellness Center. All efforts will be made to provide personnel that are ready for their Wellness Center evaluation. The days of operation and the number of personnel to receive the services will be determined based on an annual schedule and the need of NCFD and will be in consultation with the Wellness Officer. 4.2.9. Vacancy Fee. Despite the best efforts of the NCFD and/or appointed personnel assisting in scheduling Wellness activities, there may be occurrence that scheduled NCFD employees are NOT present for evaluation. The City of National City will pay a vacancy fee of $100 for any occurrence after two occurrences in any calendar month applicable only to days of operation. 4.3. Pricing of Services. The following prices have been established at the initiation of this agreement, and as referred in items 4.1, 4.3. The fees for all services excluding labs and vaccinations shall be increased at a rate of 5% of the cost from the prior fiscal year. Influenza Vaccinations, PPD testing and Labs will be priced based on the current market value. CLINICAL SERVICES COST Medical Fitness Evaluation $1209.00 per participant Administration Included Facilities and Maintenance Included DMV exam and paperwork only $100.00 per participant Respiratory Fit Exam only $12.5.00 per participant Hazardous Materials Technician Physical $660.00 per participant Influenza Vaccinations $15.00 per participant* PPD testing $18.00 per participant* Immunizations as Requested Hepatitis A Vaccine Hepatitis B Vaccine $75.00 per participant* Hepatitis B Titer $70.00 per participant* Tetanus/Adacel $70.00 per participant* $50.00 per participant* Labs COST General Labs (No MedFit Eval) Hearing (No MedFit Eval) PSA Hemocult $40 per participant $40 per participant $40 per participant $20 per participant 8 Pap Smear Mammogram Chest Xray (No MedFit Eval) Cholinesterase Resting EKG (No MedFit Eval) Treadmill (No MedFit Eval) Heavy Metals Testing $75 per participant $175 per participant $60 per participant $46 per participant $50 per participant $225 per participant $150 per participant CONSULTATION SERVICES COST Physician Consultation $300.00 per hour Physical Therapy Consultation Physical Therapy Services $100.00 per hour $75.00 per hour LECTURE & WORKSHOP SERVICES COST Back Workshop $600.00 per lecture Nutritional and health related lectures $200.00 per lecture to $500.00 per lecture * Fees may be adjusted during the term of this agreement based on changes in current market price and availability of the vaccines. The adjusted fee will be determined by the average price of the vaccine or PPD through other local providers, plus 10% for administration. The decision to provide these services rests with the NCFD. 4.3.1. Pre -Paid Fees for Services. Any pre -paid fees for service will be reimbursed hack to the City of National City upon dissolution of this agreement. 4.4. Safety/Preventive Services. 4.4.1. SDSMFHC agrees to make available consulting/training in the area of safety/prevention services at the following rates: a. Physician time billed at $300 an hour. b. Non -physician time billed at S100 an hour. 4.5. Prescriptions. It is not the intention of this Agreement or the City of National City that medications shall be dispensed during the scope of the Wellness Program. If the consulting physician identifies a need to prescribe a medication, he/she can provide a prescription at no additional cost, until the employee can follow-up with his/her own physician, or make a referral to the employee's own physician. The City of National City shall not reimburse either the employee or SDSMFHC for prescription or non-prescription medications. 9 4.6. Vision and Audiometric Examinations. SDSMFHC agrees to provide vision and audiometric examinations to NCFD Employees as referenced by guidelines published by the California Department of Motor Vehicles (DMV). 4.7. Respiratory Examinations. SDSMFHC agrees to provide respiratory examinations to NCFD Employees as referenced by guidelines published by the Occupational Safety and Health Administration (OSHA). 4.8. Performance Standards. It is the intent of SDSMFHC and the City of National City to provide quality medical care and other Wellness services for NCFD Employees. To maintain and improve the quality, access, availability, and cost-effectiveness of the services provided under this Agreement, SDSMFHC and the City of National City each agree to use their best efforts to develop means and standards for measuring the performance of NCFD under the Agreement, including, but not limited to the following: 4.8.1. Measurement of Key Performance Indicators, including Workers' Compensation savings, vital signs, cholesterol levels, and subjective surveys of participant's satisfaction. 4.8.2. Comparison of these indicators with other fire Departments as available through the International Association of Fire Fighters (TAFF) Wellness Initiative database. 4.8.3. Comparison of these indicators with other fire Departments as available through the San Diego County Fire Chiefs Association (to be determined). 4.8.4. Other factors to be established by SDSMFHC and the City of National City. 4.9. SDSMFHC Representative. SDSMFHC shall designate Richard Parker, D.O, FAOASM, to represent SDSMFHC in all matters pertaining to this Agreement. Section 5. Administrative Services 5.1. Periodic Meetings. Subject to any state and federal privacy laws, SDSMFHC agrees to meet with the NCFD's staff as scheduled to confidentially discuss program issues, utilization of medical specialties, utilization of physical therapy, trends and any topic of interest pertaining to the Wellness Program. 5.2. Work -Related Injuries: Initial Medical Reporting. While it is not the intent of the Wellness Program to diagnose or otherwise treat any suspected work - related injuries, in the course of a Wellness/Fitness evaluation a suspected work - related injury or illness may be discovered. SDSMFHC shall refer all NCFD 10 employees, with a suspected work -related injury or illness, to the NCFD for coordination of medical care, unless a life threatening medical emergency exists that requires medical treatment. SDSMFHC will direct the employee to follow all NCFD procedures for reporting a work related injury or illness. Following any emergency medical treatment, SDSMFHC shall report the treatment to the NCFD for the purposes of follow-up medical treatment. In the case of emergency medical treatment, SDSMFHC shall provide the NCFD with a Doctors First Report of Work Injury or Illness (form 5020) within two days of initial treatment and all billing. SDSMFHC is not authorized to determine causation of any suspected work related injury or illness. 5.3. Work -Related Injuries: Medical Reports and Billings. SDSMFHC shall use those reports, billings and associated forms in a format approved by the NCFD for any and all work related injuries reported. 5.4. Maintenance of Medical Reports. SDSMFHC shall accurately maintain, store and retrieve employee medical files during the period of this Agreement in accordance with all applicable laws and regulations. 5.5. Confidentiality. SDSMFHC shall ensure security of the medical records for all Wellness Program participants and shall ensure compliance with all State and Federal Privacy Laws. At no time shall SDSMFHC release confidential medical records to the City of National City without written authorization from the employee. 5.6. Testimony. SDSMFHC shall, upon reasonable notice, submit to depositions and testify at court if requested by the City of National City at the contracted physician consulting rate in 4.3. 5.7. Return -to -Work Consulting. SDSMFHC shall provide consulting services by working with NCFD staff on returning injured NCFD employees, when appropriate, to modified duty at the contracted physician consulting rate in 4.3. 5.8. Special Treatment Consulting. SDSMFHC shall provide recommendations to Wellness Participants regarding surgical options, special medical treatments, or other special medical procedures identified during the Wellness exam as requiring such treatment or services at the contracted physician consulting rate in 4.3. 5.9. Authorization for Patient Referral. SDSMFHC shall insure that the employee is instructed that any referral made to a specialist or hospital will NOT be reimbursed by the Wellness Program unless authorized by both the Medical Director and the Project Manager. lI Section 6. Indemnification and Hold Harmless. 6.1. SDSMFHC agrees to defend, indemnify, protect and hold the City of National City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to NCFD's employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the sole negligence or sole willful misconduct of SDSMFHC and its employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that SDSMFHC's duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or sole willful misconduct of the City of National City, its agents, officers or employees. This shall not prejudice the right of the City of National City to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the City of National City. If the City of National City chooses, at its own election, to obtain independent legal counsel in defense of any claim against the City of National City, related to the performance by SDSMFHC under this Agreement, then the City agrees to pay the reasonable value of attorney's fees and costs for such independent legal counsel, however, the SDSMFHC shall not be obligated to pay attorney's fees at an hourly rate greater than the hourly rate charged by its defense attorneys in the same matter. SDSMFHC's obligations under this section shall be reduced dollar for dollar by any amounts the City of National City is awarded in such action for attorney's fees and costs. 6.2. The City of National City agrees to defend, indemnify, protect and hold SDSMFHC and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to SDSMFHC employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the sole negligence or sole willful misconduct of the City of National City and its agents, officers or employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that the City of National City's duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or sole willful misconduct of SDSMFHC its employees, agents and officers. This shall not prejudice the right of SDSMFHC to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the SDSMFHC. If SDSMFHC chooses, at its own election, to obtain independent legal counsel in defense of any claim against the SDSMFHC, related to the performance of the City of National City under this Agreement, then the City of National City agrees to pay the reasonable value of attorney's fees and costs for such independent legal counsel, however, the City of National City shall not be obligated to pay attorney's fees at an hourly rate greater than the hourly rate charged by its defense attorneys in the 12 same matter. The City of National City's obligations under this section shall be reduced dollar for dollar by any amounts SDSMFHC is awarded in such action for attorney's fees and costs. Section 7. Termination. This Agreement shall renew annually as set forth in Item 2. This Agreement may be terminated for any reason by either party giving ninety (90) days written notice to the other party's designated representative, provided that the Indemnification and Duty to Defend provisions in Item 6 shall survive such termination, for a period of one year. Notice under this provision shall be communicated in writing in person or by certified mail, return receipt requested as follows: If to SDSMFHC: Richard Parker, D.O., FAOASM 6699 Alvarado Road, Suite 101 San Diego, CA 92120 If to City of National City: National City Fire Department 1243 National City Boulevard National City, CA 91950 Section 8. Equal Opportunity. SDSMFHC shall comply with the City of National City's Equal Opportunity Program. Section 9. Drug -Free Workplace. Upon execution of this Agreement and all subsequent extensions, SDSMFHC agrees to comply with any requirements set forth in City of National City policy regarding drug - free workplace. Section 10. Americans with Disabilities Act Statement. SDSMFHC shall be responsible for complying with the 1990 Americans with Disabilities Act (ADA). (For specific services and public accommodations, SDSMFHC may contact the Office of the Americans with Disabilities Act, Civil Rights Division, U.S. District of Justice, P.O. Box 66118, Washington, D.C. 20035-6118; phone number (202) 514-0301.) Section 11. Integration. This Agreement, and all rights and obligations created by this Agreement, shall be in full force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party's successor in interest. 13 Section 12. Compliance with Controlling Law. SDSMFHC shall comply with all laws, ordinance, regulations, and policies of the federal, state, and local governments applicable to this Agreement. In addition, SDSMFHC shall comply within a reasonable time after receiving written notice by NCFD with all directives issued by the NCFD or its authorized representatives under authority of any laws, statutes, ordinance, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Section 13. Jurisdiction and Venue. The venue for any suit or proceeding concerning the Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. Section 14. No Waiver. No failure of either the City of National City or SDSMFHC to insist upon the strict performance by the other of any covenant, term or condition of the Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of the Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. Section 15. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. Section lb. Drafting Ambiguities. The Parties agree that they are aware they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of this Agreement. Section 17. Signatures —Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, hut all of which together shall constitute one and the same instrument. This Agreement shall not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signature pages and consolidate them into a single 14 identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by the City of National City, acting by and through its Mayor and by SDSMFHC, acting by and through its Wellness Director. CITY OF NATIONAL CITY Dated: By Ron Morrison, Mayor City of National City Dated: By: Richard Parker, D.O., F.A.O.A.S.M. Wellness Director San Diego Sports Medicine & Family Health Center 15 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City approving and adopting the updated Multi - Jurisdictional Hazard Mitigation Plan, and authorizing the City Manager to implement said Plan. (Fire) PREPARED BY: Walter Amedee DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The Disaster Mitigation Act of 2000, signed into law on October 30, 2000 (Public Law 106-390) required all jurisdictions to have an approved hazard mitigation plan in place prior to November 1, 2004 in order to qualify for hazard mitigation program grants and post disaster mitigation funds. FEMA was charged with implementation of the Act. The law required the following related to natural disasters: • Identification and assessment of risks related to disasters • Implementation of adequate measures to reduce losses • Ensuring critical services and facilities will continue to function after the disaster In June 2003, the County of San Diego Office of Emergency Services and their consultant, URS Corporation, began meetings with the City of National City and other jurisdictions to develop a Multi -Jurisdictional Hazard Mitigation Plan to comply with the federal law. The Plan is a pre -disaster strategic plan that serves as a guide to lowering the risk and exposure to natural disasters. The Plan was initially adopted with Resolution #2004 — 74. The law requires that the Plan be updated every 5 years. Specific goals, objectives, and action items applicable to National City were updated reviewing the current capabilities of the City to lessen the impact of natural disasters. Staff recommends roving and adopting the updated Plan, and authorizing the City Manager to implement said Pjan. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The implementation of National City's goals, objectives, and action items may be accomplished through the use of operating funds identified through the annual budgeting process. The remaining items may be accomplished with federal/state grants. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approving and adopting the updated Multi -Jurisdictional Hazard Mitigation Plan, and authorizing the City Manager to implement said Plan. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: City of National City's Goals, Objectives, and Action Steps from the Plan City of National City's Prioritization and Implementation of Action Items from the Plan 3. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE UPDATED MULTI -JURISDICTIONAL HAZARD MITIGATION PLAN, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID PLAN WHEREAS, the City of National City has experienced natural, technological, and human -caused disasters on many occasions in the past 50 years, resulting in property loss, Toss of life, economic hardship, and threats to public health and safety; and WHEREAS, the majority of San Diego County's 2.9 million residents live in areas subject to these disasters; and WHEREAS, the Disaster Mitigation Act of 2000, signed into law on October 30, 2000 (Public Law 106-390), required all jurisdictions to have an approved hazard mitigation plan in place prior to November 1, 2004, in order to qualify for hazard mitigation program grants and post disaster mitigation funds; and WHEREAS, the Disaster Mitigation Act required that the hazard mitigation plan identify and assess the risks related to disasters, implement adequate measures to reduce losses, and ensure critical services and facilities will continue to function after the disaster; and WHEREAS, in June 2003, the County of San Diego and their consultant, URS Corporation, began meeting with all eighteen (18) Cities within the County to develop a Multi - Jurisdictional Hazard Mitigation Plan (the "Plan") to comply with federal law; and WHEREAS, the Disaster Mitigation Act requires that the Plan be updated every five (5) years; and WHEREAS, specific goals, objectives, and action items applicable to National City were updated in the Plan after reviewing the current capabilities of the City to lessen the impact of natural disasters. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the updated Multi -Jurisdictional Hazard Mitigation Plan, which is hereby adopted as an official plan of the City of National City. IT IS FURTHER RESOLVED that the City Manager will direct City staff to implement the recommended actions assigned to the City in the updated Multi -Jurisdictional Hazard Mitigation Plan. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney 1.1 CITY OF NATIONAL CITY The City of National City (National City) reviewed a set of jurisdictional -level hazard maps including detailed critical facility information and Localized potential hazard exposure/loss estimates to help identify the top hazards threatening their jurisdiction. In addition, Local Planning Groups (LPGs) were supplied with exposure/loss estimates for National City summarized in Table 5.13-1. See Section 4.0 for additional details. Table 5.13-1 Summary of Potential Hazard -Related Exposure/Loss in National City Residential Commercial Critical Facilities Hazard Type Exposed Population Number of Residential Buildings Potential Exposure/ Loss for Residential Buildings (x $1,000) Number of Commercial Buildings Potential Exposure/ Loss for Commercial Buildings (x $1,000) Number of Critical Facilities Potential Exposure for Critical Facilities (x $1,000) Coastal Storm / Erosion 0 0 0 0 0 0 0 Dam Failure 1,895 349 86,809 106 464,094 59 245,984 Earthquake (Loss) 54,081 8,776 1133 157 552 101 * 1 105" 6,850* / 48,848** Floods (Loss) 100 Year 2,702 439 19,845 37 21,306 18 114,649 500Year 6,206 1,007 26,843 71 35,786 23 127,890 Rain -Induced Landslide High Risk 4,544 754 232,328 7 31,202 8 25,611 Moderate Risk 0 0 0 0 0 0 0 Tsunami 258 51 12,214 8 41,166 27 198,970 Wildfire/ Structure Fire Extreme 0 0 0 0 0 0 0 Very High 0 0 0 0 0 0 0 High 0 0 0 11 70,984 0 0 Moderate 51,399 8,691 2,556,844 146 635,882 139 785,917 • Represents 100-year earthquake value under three earthquake scenarios (shake only, shake and liquefaction, and shake and landslide). " Represents 500-year earthquake value under three earthquake scenarios (shake only, shake and liquefaction, and shake and landslide). After reviewing the localized hazard maps and exposure/loss table above, the following were identified by the National City LPG as their top hazards: • Dam Failure/Floods: Sweetwater dam failure • Earthquakes: proximity to local faults (e.g. Rose Canyon Fault); older structures; potential for loss of life, injuries, and damage to property, as well as disruption of services is significant 1 • Hazmat Release: three freeways (i.e. I-5, I-805, & SR-54) and railway pass through the City making it susceptible to hazardous spills, releases, or accidents; several industrial facilities in the City handle hazardous materials on a regular basis • Structure Fires: older structures Tsunami: proximity to waterfront may affect maritime business industry 1.1.1 Capabilities Assessment The LPG identified current capabilities available for implementing hazard mitigation activities. The Capability Assessment (Assessment) portion of the jurisdictional mitigation plan identifies administrative, technical, legal and fiscal capabilities. This includes a summary of departments and their responsibilities associated to hazard mitigation planning as well as codes, ordinances, and plans already in place associated to hazard mitigation planning. The second part of the Assessment provides National City's fiscal capabilities that may be applicable to providing financial resources to implement identified mitigation action items. 1.1.1.1 Existing Institutions, Plans, Policies and Ordinances The following is a summary of existing departments in National City and their responsibilities related to hazard mitigation planning and implementation, as well as existing planning documents and regulations related to mitigation efforts within the community. The administrative and technical capabilities of National City, as shown in Table 5.13-2, provides an identification of the staff, personnel, and department resources available to implement the actions identified in the mitigation section of the Plan. Specific resources reviewed include those involving technical personnel such as planners/engineers with knowledge of land development and land management practices, engineers trained in construction practices related to building and infrastructure, planners and engineers with an understanding of natural or manmade hazards, floodplain managers, surveyors, personnel with GIS skills and scientists familiar with hazards in the community. • City of National City Fire Department Fire Prevention Emergency Rescue and Response - Fire Suppression Code Enforcement Public Education Emergency Management Weed Abatement • City of National City Development Services Department — General Plan Development Standards (Building, Planning, Engineering) Development Review Process 2 — Code Enforcement - Zoning Ordinances Traffic Control • City of National City Police Department — Enforcement - Investigation - Security - Emergency Response — Traffic Control Table 5.13-2 City of National City: Administrative and Technical Capacity Staff/Personnel Resources YIN Department/Agency and Position A. Planner(s) or engineer(s) with knowledge of land development and land management practices Y Development Services Department B. Engineer(s) or professional(s) trained in construction practices related to buildings and/or infrastructure Y Development Services Department C. Planner(s) or Engineer(s) with an understanding of natural and/or manmade hazards Y Fire/Development Services Department/Police D. Floodplain manager Y Development Services Department E. Surveyors N F. Staff with education or expertise to assess the community's vulnerability to hazards Y Fire/Development Services Department/Police G. Personnel skilled in GIS and/or HAZUS Y Fire/Development Services Department/Police H. Scientists familiar with the hazards of the community N I. Emergency manager Y City Manager's Office/Fire/Police J. Grant writers Y Fire/Development Services Department/Police The legal and regulatory capabilities of National City are shown in Table 5.13-3, which presents the existing ordinances and codes that affect the physical or built environment of National City. Examples of legal and/or regulatory capabilities can include: the City's building codes, zoning ordinances, subdivision ordinances, special purpose ordinances, growth management ordinances, site plan review, general plans, capital improvement plans, economic development plans, emergency response plans, and real estate disclosure plans. 3 Table 5.13-3 City of National City: Legal and Regulatory Capability Regulatory Tools (ordinance, codes, plans) Local Authority (YIN) Does State Prohibit? (Y/N) A. Building code Y N B. Zoning ordinance Y N C. Subdivision ordinance or regulations Y N D. Special purpose ordinances (floodplain management, storm water management, hillside or steep slope ordinances, wildfire ordinances, hazard setback requirements) Y N E. Growth management ordinances (also called "smart growth" or anti -sprawl programs) N N F. Site plan review requirements Y N G. General or comprehensive plan Y N H. A capital improvements plan Y N I. An economic development plan Y N J. An emergency response plan Y N K. A post -disaster recovery plan Y N L. A post -disaster recovery ordinance N N M. Real estate disclosure requirements N N 1.1.1.2 Fiscal Resources Table 5.13-4 shows specific financial and budgetary tools available to National City such as community development block grants; capital improvements project funding; authority to levy taxes for specific purposes; fees for water, sewer, gas, or electric services; impact fees for homebuyers or developers for new development; ability to incur debt through general obligations bonds; and withholding spending in hazard -prone areas. 4 Table 5.13-4 City of National City: Fiscal Capability Financial Resources Accessible or Eligible to Use (Yes/No) A. Community Development Block Grants (CDBG) Yes- eligible, but limited accessibility B. Capital improvements project funding Yes- eligible, but limited accessibility C. Authority to levy taxes for specific purposes No- requires voter approval D. Fees for water, sewer, gas, or electric service Yes- Sewer Only E. Impact fees for homebuyers or developers for new developments/homes Yes- Parks Only F. Incur debt through general obligation bonds No- requires voter approval G. Incur debt through special tax and revenue bonds No- requires voter approval H. Incur debt through private activity bonds No I. Withhold spending in hazard -prone areas Yes- subject to Council approval 1.1.2 Goals, Objectives and Actions Listed below are National City's specific hazard mitigation goals, objectives and related potential actions. For each goal, one or more objectives have been identified that provide strategies to attain the goal. Where appropriate, the City has identified a range of specific actions to achieve the objective and goal. The goals and objectives were developed by considering the risk assessment findings, localized hazard identification and loss/exposure estimates, and an analysis of the jurisdiction's current capabilities assessment. These preliminary goals, objectives and actions were developed to represent a vision of long- term hazard reduction or enhancement of capabilities. To help in further development of these goals and objectives, the LPG compiled and reviewed current jurisdictional sources including the City's planning documents, codes, and ordinances. In addition, City representatives met with consultant staff and/or OES to specifically discuss these hazard -related goals, objectives and actions as they related to the overall Plan. Representatives of numerous City departments involved in hazard mitigation planning, including Fire, Police, Planning, Engineering, and Redevelopment provided input to the National City LPG. The National City LPG members were: • Ray Pe (Community Development Department) • Walter Amedee (Fire Department) • Martin Reeder (Development Services Department) • Mike Harlan (Police Department) • Din Daneshfar (Development Services Department) Once developed, City staff presented them to the City of National City City Council for their approval. Public meetings were held throughout the County to present these preliminary goals, objectives and actions to citizens and to receive public input. At these meetings, specific consideration was given to hazard identification/profiles and the vulnerability assessment results. The following sections present the 5 hazard -related goals, objectives and actions as prepared by National City's LPG in conjunction with the Hazard Mitigation Working Group, locally elected officials, and local citizens. 1.1.2.1 Goals The City of National City has developed the following 8 Goals for their Hazard Mitigation Plan (See Attachment A for Goal 8). Goal 1. Promote disaster -resistant developments for new development. Goal 2. Promote public understanding, support and demand for hazard mitigation. Goal 3. Build and support local capacity and commitment to continuously become less vulnerable to hazards. Goal 4. Improve hazard mitigation coordination and communication with federal, state and other local governments. Reduce the possibility of damage and losses of existing assets, critical facilities/infrastructure, and City -owned facilities, and particularly impacts to people, due to: Goal 5. Earthquakes. Goal 6. Floods. Goal 7. Structural Fire/Wildfire. Goal 8. Tsunamis. Goal 9. Manmade Hazards. 1.1.2.2 Objectives and Actions The City of National City developed the following broad list objectives and actions to assist in the implementation of each of their 8 identified goals. The City of National City developed objectives to assist in achieving their hazard mitigation goals. For each of these objectives, specific actions were developed that would assist in their implementation. A discussion of the prioritization and implementation of the action items is provided in Section 5.13.2.3. Goal 1: Promote disaster resistant developments for new development. Objective 1.A: Continue to address natural hazards in future general plan updates. Action 1.A.1 Continue to update the General Plan periodically. Action 1.A.2 Continue to update the Land Use Code periodically. 6 Goal 1: Promote disaster resistant future development. (continued) Objective 1.B: Encourage and facilitate the adoption of building codes for new development and renovation that will protect these assets and new development in hazard areas. Action 1.B.1 Adopt and implement current building and fire codes per state cycle. Action 1.B.2 Continue to regularly adopt and implement existing building codes Objective 1.C: Continue to implement National City land use code and enforce building codes. Action 1.C.1 Encourage and improve communications between the Development Services Department and Fire Department. Action 1.C.2 Cross -train staff from Development Services Department and Fire on current relevant codes. Objective 1.D: Encourage future development that incorporates planning that will not exacerbate hazardous conditions. Action 1.D.1 Review annually and update as necessary the Flood Plain Ordinance periodically. Action 1.D.2 Continue to update Land Use Codes periodically. Objective 1.E: Consider appropriate zoning that will limit future development in hazard areas. Action 1.E.1 Implement Geographic Information System (GIS) program citywide. Action 1.E.2 Use GIS and Census data to plot hazard areas for new development. Goal 2: Promote public understanding, support and demand for hazard mitigation. Objective 2.A: Educate the public to increase awareness of hazards and opportunities for mitigation actions. Action 2.A.1 Conduct workshops with Neighborhood Councils, Chamber of Commerce, interested groups, schools, individual homeowners, and business community on hazards that require advance preparedness. Action 2.A.2 Continue to promote disaster preparedness with the distribution of print materials or videos. Objective 2.B: Promote partnerships between the state, counties and other local governments to identify, prioritize and implement mitigation actions. Action 2.B.1 Participate in workgroup activities with the County Office of Emergency Services (OES), Unified Disaster Council (UDC). Action 2.B.2 Participate in workgroup activities with other municipalities. 7 Goal 2: Promote public understanding, support and demand for hazard mitigation. (continued) Action 2.B.3 Participate in workgroup activities with SANDAG. Action 2.B.4 Participate in workgroup activities with Caltrans. Objective 2.C: Promote hazard mitigation in the business community. Action 2.C.1 Conduct workshops with the Chamber of Commerce, Rotary Clubs, etc. Action 2.C.2 Conduct informational meetings with business owners/managers. Objective 2.D: Monitor and publicize the effectiveness of mitigation actions implemented citywide. Action 2.D.1 Develop method to keep community informed of progress. Objective 2.E: Discourage building construction that exacerbates hazardous conditions. Action 2.E.i Actively implement code enforcement tor building without permits. Action 2.E.2 Actively implement code enforcement for hazardous occupancies in accordance with adopted codes. Goal 3: Build and support local capacity and commitment to continuously become less vulnerable to hazards. Objective 3.A: Increase awareness and knowledge of hazard mitigation principles and practice among local officials. Action 3.A.1 Update and adopt the City of National City Emergency Plan every 10 years. Action 3.A.2 Update and adopt the Hazard Mitigation Plan every 5 years. Objective 3.B: Develop a hazard mitigation plan and provide technical assistance to implement the plan. Action 3.B.1 Work with the Fire Department, Development Services Department, Community Development Department, and Police Department to develop the hazard mitigation plan. Action 3.B.2 Implement hazard mitigation plan recommendations. 8 Goal 4: Improve hazard mitigation coordination and communication with federal, state and other local governments. Objective 4.A: Establish and maintain closer working relationships with state agencies and other local governments. Action 4.A.1 Continue to work with the Chamber of Commerce, American Red Cross, County Office of Emergency Services (OES), Unified Disaster Council (UDC), and Federal Emergency Management Agency (FEMA) to develop mitigation plans. Action 4.A.2 Continue support/participation in regional programs to include HIRT, USAR, and MMST Objective 4.B: Encourage other organizations to incorporate hazard mitigation activities. Action 4.B.1 Hold seminars to encourage organizations to take mitigation actions. This initiative can be developed in modular format to address the information needs of a range of target groups. Action 4.B.2 Make available a copy of the completed Hazard Mitigation Plan for the public to view. Objective 4.C: Improve the City's capability and efficiency at administering pre - and post- disaster mitigation. Action 4.C.1 Work with the Fire Department, Development Services Department, Community Development Department, and Police Department to develop hazard mitigation plan. Action 4.C.2 Maintain an Emergency Response Plan. Action 4.C.3 Schedule Emergency Response Plan Exercises. Action 4.C.4 Conduct on -going education programs to inform the community of pre -and post disaster advise. Goal 5: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to earthquakes. Objective 5.A: Develop a comprehensive approach to reducing the possibility of damage and losses due to earthquakes. Action 5.A.1 Conduct workshops with Neighborhood Councils, Chamber of Commerce, individual homeowners, and business community on hazards that require advance preparedness. Action 5.A.2 Recommend that the City retrofit the City Hall as funds become available. Action 5.A.3 Actively pursue grant funds and other funding sources to retrofit City Hall. 9 Goal 5: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to earthquakes. (continued) Action 5.A.4 Maintain an Emergency Response Plan. Action 5.A.5 Regularly schedule Emergency Response Plan Exercises with City staff. Action 5.A.6 Maintain search and rescue equipment deployment objectives. Action 5.A.7 Determine structural safety of buildings to be used for care and shelter of evacuees. Objective 5.B: Protect existing assets with the highest relative vulnerability to the effects of earthquakes Action 5.B.1 Adopt and implement existing building codes. Action 5.B.2 Conduct inspections of at -risk structures that conduct care for children, seniors, and other group homes. Action 5.B.3 Conduct inspections of child care facilities, senior facilities, and other facilities where occupants may be severely impacted to ensure the structures are structurally safe. Action 5.B.4 Conduct informational meetings with Neighborhood Councils, Chamber of Commerce, individual homeowners, and business community. Objective 5.C: Address identified data limitations regarding the lack of information about the relative vulnerability of assets from earthquakes. Action 5.C.1 Implement GIS program citywide. Action 5.C.2 Use GIS and Census data to locate vulnerable buildings. Goal 6: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to floods. Objective 6.A: Develop a comprehensive approach to reducing the possibility of damage and losses due to floods. Action 6.A.1 Maintain Flood Retrofitting for Residential Structures. Action 6.A.2 Maintain Storm Water System in Operable Conditions. Action 6.A.3 Reduce Impervious Surfaces through implementation of a landscape ordinance that encroaches previous site design. Action 6.A.4 Maintain and update a city-wide Evacuation Plan. Action 6.A.5 Maintain search and rescue equipment deployment objectives. 10 Goal 6: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to floods. (continued) Objective 6.B: Protect existing assets with the highest relative vulnerability to the effects of floods within the 100-year floodplain. Action 6.B.1 Maintain adequate materials to disperse to the public for installing water barriers when necessary. Action 6.6.2 Construct detention basins when necessary and review new development for adequate design features. Objective 6.C: Coordinate with and support existing efforts to mitigate floods (e.g., U.S. Army Corps of Engineers, US Bureau of Reclamation, California Department of Water Resources). Action 6.C.1 Regularly participate in workgroup activities with the County. Action 6.C.2 Regularly participate in workgroup activities with the Caltrans. Action 6.C.3 Regularly participate in workgroup activities with the other municipalities. Objective 6.D: Minimize repetitive losses caused by flooding. Action 6.D.1 Prepare and implement Best Management Practices for all new development. Action 6.D.2 Schedule Flood Mitigation and recovery Interactive Exercises. Objective 6.E: Address identified data limitations regarding the lack of information about the relative vulnerability of assets from flooding. Action 6.E.1 Implement GIS program citywide. Action 6.E.2 Use GIS and Census data to locate vulnerable buildings. Action 6.E.3 Require Hydrology Studies be prepared for all new development, except single family residences. Action 6.E.4 Use Hydrological Modeling Techniques for large developments. Goal 7: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to structural fire/wildfire. Objective 7.A: Develop a comprehensive approach to reducing the possibility of damage and losses due to structural fire/wildfire. Action 7.A.1 Regularly maintain a Fire Prevention Program. Action 7.A.2 Regularly maintain a Pre -Fire Plan Program. Action 7.A.3 Regularly maintain a Fire Suppression Program. 11 Goal 7: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to structural fire/wildfire. (continued) Action 7.A.4 Assess staffing levels of Fire Prevention Staff and increase as appropriate. Action 7.A.5 Develop a Housing Inspection Program and routinely conduct housing inspections of homes over 50 years old. Action 7.A.6 Conduct a Housing Outreach Program. Action 7.A.7 Maintain/update all Arson Registrants with required registration and conditions of probation or parole. Objective 7.B: Protect existing assets with the highest relative vulnerability to the effects of structural fire/wildfire. Action 7.B.1 Maintain response times, pumping capacity and apparatus and equipment deployment objectives. Action 7.B.2 Annually assess staffing levels and ensure adequate staffing is available to meet fire suppression objectives. Action 7.B.3 Maintain standard operating procedures for fire ground operations. Action 7.B.4 Conduct annual wildland fire fighting and ICS training to ensure operational readiness. Action 7.B.5 Identify and work to eliminate non -fire resistant roofs. Action 7.B.6 Install automatic fire detection and extinguishing systems in buildings according to adopted codes. Objective 7.C.• Coordinate with and support existing efforts to mitigate structural fire/wildfire. Action 7.C.1 Maintain mutuatlauto aid agreements with neighboring municipalities. Action 7.C.2 Maintain an inspection process to ensure buildings are constructed in accordance with adopted codes. Action 7.C.3 Conduct evacuation drills in high rise buildings. Action 7.C.4 Maintain/update all Arson Registrants with required registration and conditions of probation or parole. Objective 7.D: Address identified data limitations regarding the lack of information about the relative vulnerability of assets from structural fire/wildfire. Action 7.D.1 Implement GIS program citywide. Action 7.D.2 Use GIS and Census data to locate vulnerable buildings. 12 1.1.2.3 Prioritization and Implementation of Action Items Once the comprehensive list of jurisdictional goals, objectives, and action items listed above was developed, the proposed mitigation actions were prioritized. This step resulted in a list of acceptable and realistic actions that address the hazards identified in each jurisdiction. This prioritized list of action items was formed by the LPG weighing STAPLEE criteria The Disaster Mitigation Action of 2000 (at 44 CFR Parts 201 and 206) requires the development of an action plan that not only includes prioritized actions but one that includes information on how the prioritized actions will be implemented. Implementation consists of identifying who is responsible for which action, what kind of funding mechanisms and other resources are available or will be pursued, and when the action will be completed, The top 10 prioritized mitigation actions as well as an implementation strategy for each are: Priority Action #1: Update the General Plan. Coordinating Individual/Organization: Community Development Potential Funding Source: General Fund Implementation Timeline: FY 09 — FY 11 Priority Action #2: Maintain response times, pumping capacity, and apparatus and equipment deployment objectives. Coordinating Individual/Organization: Fire Department Potential Funding Source: City General Fund, Community Development Block Grant along with other applicable funding sources. Implementation Timeline: January 2010 - December 2015 Priority Action #3: Maintain/update all Arson Registrants with required registration and conditions of probation or parole. Coordinating Individual/Organization: Police Department Potential Funding Source: General/Other Applicable Funds Implementation Timeline: January 2010 - December 2015 Priority Action #4: Work with the Regional -Terrorism Advisory Council (RTAC). Coordinating Individual/Organization: Police Department Potential Funding Source: General/Other Applicable Funds Implementation Timeline: January 2010 - December 2015 Priority Action #5: Continue Maintenance of the Storm Water System in Operable Conditions Coordinating Individual/Organization: Department of Public Works/Development Services Department Potential Funding Source: CDBG, Gas Tax, Sewer System Maintenance, and General Funds 13 Implementation Timeline: January 2010 - December 2015 Priority Action #6: Implement code enforcement for buildings without permits. Coordinating Individual/Organization: Development Services Department Potential Funding Source: Citation fees/General fund Implementation Timeline: January 2010 - December 20I5 Priority Action #7: Maintain a Fire prevention Program Coordinating Individual/Organization: Fire Department Potential Funding Source: General/Other Applicable Funds Implementation Timeline: January 2010 - December 2015 Priority Action #8: Implement GIS Program Coordinating Individual/Organization: Development Services Department Potential Funding Source: General/Other Applicable Funds Implementation Timeline: January 2010 - December 2015 Priority Action #10: Continue to update Land Use Code periodically. Coordinating Individual/Organization: Community Development Potential Funding Source: General Fund Implementation Timeline: FY 09 — FY I I 14 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City of National City Council modifying expenditure methods consistent with U.S. Department of Energy (DOE) Grant (No.DE-SC0002029) requirements, Public Contract Code and City Policies, in the amount of $561,700 for the Civic Center Chiller Project, Specification No.11-01. PREPARED BY: Barby Tipton PHONE: 4583 EXPLANATION: DEPARTMENT: Development Servi - gineering Division APPROVED BY: • On June 16, 2009, by Council Resolution No. 2009-157, a grant application to the U.S. Department of Energy was approved and as a result, the Mayor and City Manager were authorized to execute the grant agreement. On November 17, 2009, per Council Resolution No. 2009-274, Council accepted the grant and authorized payment to Honeywell Building Solutions to perform work for the reimbursable grant Due to unforeseen provisions of U.S. Department of Energy (DOE) Grant (No.DE-SC0002029) requiring that Honeywell Building Solutions be a sub -recipient of the grant in order to perform the work, it is recommended that City Council modify expenditure methods to be consistent with U.S. Department of Energy (DOE) Grant (No.DE-SC0002029) requirements, Public Contract Code and y Policies. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Release appropriation in account number, 296-422-511-299-0000 and establish 296-409-500-598- 1591. (Revenue Account 296-22511-3498) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution RESOLUTION NO. 2011- RESOLUTION OF THE CITY OF NATIONAL CITY COUNCIL MODIFYING EXPENDITURE METHODS CONSISTENT WITH U.S. DEPARTMENT OF ENERGY (DOE) GRANT NO.DE-SC0002029 REQUIREMENTS, PUBLIC CONTRACT CODE AND CITY POLICIES, IN THE AMOUNT OF $561,700 FOR THE CIVIC CENTER CHILLER PROJECT, SPECIFICATION NO.11- 01 AND AMENDING RESOLUTION NO. 2009-274 TO REMOVE THE HONEYWELL BUSINESS SOLUTION REFERENCE WHEREAS, On June 16, 2009, per Council Resolution No. 2009-157, a grant application to the U.S. Department of Energy was approved and as a result, the Mayor and City Manager were authorized to execute the grant agreement; and WHEREAS, On November 17, 2009, per Council Resolution No. 2009-274, Council accepted the grant and authorized payment to Honeywell Building Solutions to perform work for the reimbursable grant; and WHEREAS, unforeseen provisions of U.S. Department of Energy (DOE) Grant No.DE- SC0002029 required that Honeywell Building Solututions be a subrecipient of the grant in order to perform the work, which designation Honeywell Building Solutions had not contemplated; and WHEREAS, the previously adopted Resolution No. 2009-274 included the following phrase in the last paragraph when discussing the acceptance of the grant: "to cover the reimbursement of contract services to be provided by Honeywell Building Solutions"; and WHEREAS, the reference to Honeywell Building Solutions in Resolution No. 2009-274 is no longer applicable, based on the DOE provisions which have now led the City to prepare the Energy and Efficiency Conservation upgrades to be bid out. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves modifying expenditure methods that are consistent with DOE requirements, Public Contract Code and City Policies, for the U.S. Department of Energy (DOE) grant (No.DE- SC0002029) in the amount of $561,700 for the civic center chiller project, specification 11-01. BE IT FURTHER RESOLVED that the City Council amends Resolution Number 2009- 274 by removing the phrase in the last paragraph of said resolution: "to cover the reimbursement of contract services to be provided by Honeywell Building Solutions." PASSED and ADOPTED this 5th day of April, 2011. Ron Morrision, 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: April 5th, 2011 AGENDA ITEM NO. ILO EM TITLE: Warrant Register #34 for the period of 02/16/11 through 02/22/11 in the amount of $2,585,519.19 PREPARED BY: K. Apalateguii, DEPARTMENT: PHONE: 619-336-4331APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/16/11 through 02/22/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount San Diego Flab Humanity 240516 128,520.00 ATP Gen Engineering 240524 87,095.05 Black Rock Construction 240526 73,260.35 —.,/ of San Diego 240527 1,204,458.00 Explanation Construction Reimbursement Street Resurfacing Project Progress Payment #5 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: stewater Charges 4 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,585,519.19 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rant Register #34 PAYEE DTSC FEDEX NATIONAL CONSTRUCTION RENTAL SAN DIEGO HABITAT FOR HUMANITY SWEETWATER AUTHORITY ABCANA INDUSTRIES ADAMSON POLICE PRODUCTS AIRGAS-WEST ALL FRESH PRODUCTS AMERICAN BACKFLOW SPECIALTIES ASSI SECURITY ATP GENERAL ENGINEERING BEHAVIOR ANALYSIS BLACK ROCK CONSTRUCTION CO. BONSUISSE INC BRADLEY SIGNS BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS BSN SPORTS CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CAROUEST AUTO PARTS CHEVRON & TEXACO BUSINESS CARD CITY NATIONAL BANK CITY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CUMMINS CAL PACIFIC, LLC D MAX ENGINEERING INC D MAX ENGINEERING INC DEPARTMENT OF JUSTICE DREW FORD EAGLE ENVIRONMENTAL HEALTH COALITION ESGIL CORPORATION FAST SIGNS FEDEX FLEET SERVICES INC G & A AUTO AIR CONDITIONING GOVERNMENT JOBS COM INC 3RAINGER 3TC SYSTEMS INC GUILLERMO RUIZ HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INC HERNANDEZ HORIZON HEALTH EAP WARRANT REGISTER # 34 2/22/2011 DESCRIPTION PROJECT CODE: 401294 (SM) NCPW YARD EXPRESS MAIL COURIER SERVICES/CDC FENCE RENTAL-1640 E PLAZA BLVD/PALM DDA / HABITAT FOR HUMANITY REIMB WATER UTILITIES FOR CDC POOL CHEMICALS SCA SUMMIT LEVEL 1111, NIJ .06 MOP 45714 MATERIALS & SUPPLIES FOOD FOR NUTRITION CENTER PURCHASE BACKFLOWS, GAUGES CITY-WIDE CARD ACCESS PROJECT STREET RESURFACING PROJECT FY 10-11 REGISTRATION -OFFICER STANICH PROGRESS PAYMENT 5 MILK AND DAIRY DELIVERY / NUTRITION REFUND - PAID TWICE ELECTRICAL PARTS TEMPER GLASS 14X3 PUGG 4' PORTABLE TRAINING GOALS BREAD DELIVERY FOR NUTRITION MOP 45698 ELECTRICAL MATERIAL MOP 47557 MATERIALS & SUPPLIES MOP 45699 GAS LEASE PYMNT-PURCHASE#10-005 WASTEWATER FEES MAIL PROCESSING / 12/16/10-1/15/11 COX HIGH SPEED 60MB DATA CIRCUIT REPAIRS TO DIESEL GENERATOR FRASER BOILER BIBLE BAPTIST CHURCH NEW EMP FINGERPRINT - JAN 2011 MOP 49078 AUTO PARTS YEAR LABELS / POLICE MAKING NC HEALTHY HOMES-REIMB PLAN CHECKING SERVICES OF BUILDING SIGNS, VINYL 3X12, WHITE DECALS FEDEX SHIPPING MOP 67804 AUTO PARTS CS 771865 BLEND DOOR MOTOR ENTERPRISE LICENSE 03/30/11-03/29/12 MOP 65179 ELECTRICAL MATERIAL NETWORK ENGINEERING 1/06-31/11 REFUND OF C&D FEES MEAT DELIVERY FOR NUTRITION CENTER 8TH ST SMART GROWTH -DESIGN ED REIMB - INTRO TO CRIMINAL COURT EMP ASSISTANCE PROGRAM-FEB 2011 1/3 CHK NO DATE AMOUNT 240513 2/22/11 1,302.03 240514 2/22/11 44.72 240515 2/22/11 790.70 240516 2/22/11 128,520.00 240517 2/22/11 44.50 240518 2/22/11 1,034.37 240519 2/22/11 3,064.22 240520 2/22/11 44.73 240521 2/22/11 6,197.16 240522 2/22/11 734.00 240523 2/22/11 875.00 240524 2/22/11 87,095.05 240525 2/22/11 472.00 240526 2/22/11 73,260.35 240527 2/22/11 790.65 240528 2/22/11 175.00 240529 2/22/11 141.38 240530 2/22/11 108.75 240531 2/22/11 510.53 240532 2/22/11 432.00 240533 2/22/11 77.87 240534 2/22/11 83.14 240535 2/22/11 151.71 240536 2/22/11 43,101.10 240537 2/22/11 1,204,458.00 240538 2/22/11 2,640.02 240539 2/22/11 3,380.00 240540 2/22/11 3,467.03 240541 2/22/11 1,608.75 240542 2/22/11 235.00 240543 2/22/11 415.00 240544 2/22/11 234.21 240545 2/22/11 494.73 240546 2/22/11 15,810.62 240547 2/22/11 22,799.23 240548 2/22/11 36.22 240549 2/22/11 176.42 240550 2/22/11 366.14 240551 2/22/11 498.00 240552 2/22/11 6,000.00 240553 2/22/11 529.81 240554 2/22/11 1,365.00 240555 2/22/11 23.10 240556 2/22/11 2,121,06 240557 2/22/11 21,205.03 240558 2/22/11 1,380.00 240559 2/22/11 762.54 2/3 PAYEE IKON OFFICE SOLUTIONS/IOS KNORR SYSTEMS INC KONE L1 IDENTITY SOLUTIONS LASER SAVER INC LEXIS-NEXIS LOPEZ MAINTEX INC MUNOZ NAPA AUTO PARTS NATIONAL NOTARY ASSOCIATION NOWDOCS INTERNATIONAL INC OLIVER PACKAGING & PACIFIC AUTO REPAIR PERRY FORD PMW ASSOCIATES POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY QUIROGA RODRIGUEZ S & S WORLDWIDE INC S & S WORLDWIDE INC S D FIREFIGHTERS REGIONAL SAN DIEGO HYDRAULICS SAN DIEGO PET & LAB SUPPLY SANTANA SDG&E SDG&E SEWARD SKS INC. SMART SOURCE OF CALIFORNIA LLC SPARKLETTS SPARKLETTS WATER STACK TRAFFIC CONSULTING INC STANICH STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC THE SPEEDO SHOP TOM MOYNAHAN U.S. HEALTHWORKS UNITED ROTARY BRUSH CORP NIA INC,ORPOR/4TD WARRANT REGISTER # 34 2/22/2011 DESCRIPTION COPIER EQUIP LEASE 2/21/11-5/20/11 WP-001-00220 HRR SENSOR PROBE ELEVATOR REPAIRS NEW EMP FINGERPRINT TEST-JAN 2011 MOP 45725 TONER CARTRIDGE-HR LEXIS-NEXIS ONLINE LEGAL RESEARCH TRANSLATION SERVICES FY 10/11 MISC JANITORIAL SUPPLIES MILEAGE REIMB - HEALTHCARE SEMINAR MOP 45735 AUTO PARTS MEMBERSHIP - Y FELIX GREEN VOID BOTTOM CHECKS HOME DELIVERED TRAYS SMOG CERTIFICATION & REPAIRS MOP 45703 AUTO PARTS TUITION-M RODRIGUEZ, ETHICS IN POLICE MOP 67839 AUTO PARTS MOP 45707 ELECTRICAL MATERIAL KNIFE SHARPENING SERVICES MOP 45742 WEARING APPAREL SUBSISTENCE -DRIVING UNDER - INFLUENCE SUBSISTENCE -ETHICS IN POLICE WORKS CLASSIC EASY GAMES PACK SALES TAX CITY PORTION OF WELLNESS EVALS SEAL KIT REPLACEMENT MOP 66556 K9 FOOD REFUND DUE TO RETIREE FACILITIES GAS & ELECTRIC GAS & ELECTRIC SERVICE / NUTRITION SUBSISTENCE-SLI SESSION #6 CI -IV SUPREME 10W30 BULK CAFR BOOKS SPARKLETTS WATER / DELIVERY WATER FOR MAYOR'S OFFICE PLAZA BONITA BIKE PATH SUBSISTENCE-INTERVIEW/INTERROGATION MOP 45704 OFFICE SUPPLIES MOP 61744 COMP SUPPLIES TACK OIL, 3/8, SHEET & COLDMIX FACILITIES WATER FOOD & CONSUMABLES FOR NUTRITION MOP 47940 TIRES FUEL SENDER R8927 MOP 45734 R&M AUTO EQUIPMENT PRE-EMP PHYSICAL/PE-DOT EXAM MOP 62683 AUTO PARTS CHK NO 240560 240561 240562 240563 240564 240565 240566 240567 240568 240569 240570 240571 240572 240573 240574 240575 240576 240577 240578 240579 240580 240581 240582 240583 240584 240585 240586 240587 240588 240589 240590 240591 240592 240593 240594 240595 240596 240597 240598 240599 240600 240601 240602 240603 240604 240605 240606 DATE AMOUNT 2/22/11 19,119.57 2/22/11 678.20 2/22/11 3,788.43 2/22/11 20.00 2/22/11 146.11 2/22/11 427.38 2/22/11 140.00 2/22/11 623.54 2/22/11 24.48 2/22/11 663.24 2/22/11 52.00 2/22/11 168.68 2/22/11 1,296.00 2/22/11 346.45 2/22/11 274.29 2/22/11 350.00 2/22/11 393.7( 2/22/11 1,178.40 2/22/11 163.00 2/22/11 464.22 2/22/11 663.16 2/22/11 372.00 2/22/11 135.99 2/22/11 13.26 2/22/11 1,249.00 2/22/11 714.88 2/22/11 58.11 2/22/11 237.36 2/22/11 6,934.99 2/22/11 1,492.01 2/22/11 442.72 2/22/11 911.13 2/22/11 579.48 2/22/11 41.87 2/22/11 12.63 2/22/11 5,125.00 2/22/11 684.48 2/22/11 1,399.67 2/22/11 773.29 2/22/11 1,276.02 2/22/11 10,781.OP 2/22/11 4,093.6 2/22/11 140.00 2/22/11 54.31 2/22/11 50.00 2/22/11 255.00 2/22/11 614.51 PAYEE VCA EMERGENCY ANIMAL HOSPITAL WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 4 1/25/2011 Special Payroll WARRANT REGISTER # 34 2/22/2011 DESCRIPTION EMERGENCY ANIMAL CARE / K-9 PD ENVISION BROWN MULTIFOLD TOWELS CLEAR INVESTIGATIVE DATABASES-PD MOP 45763 AA BATTERY Start Date 2/16/2010 End Date 2/7/2011 End Date 2/22/2011 Check Date 2/16/2011 2/16/2011 CHK NO DATE 240607 2/22/11 240608 2/22/11 240609 2/22/11 240610 2/22/11 GRAND TOTAL 3/3 AMOUNT 45.00 144.88 420.00 18.66 A/P Total 1,709,110.71 8,805.58 867,504.11 98.79 $ 2,585,519.19 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5th, 2011 AGENDA ITEM N011 'EM TITLE: Warrant Register #35 for the period of 02/23/11 through 03/01/11 in the amount of $1,256,613.75 PREPARED BY: K. Apalategur DEPARTMENT: PHONE: 619-336-4331r APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/23/11 through 03/01/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Public Emp Ret System 240689 256,884.29 Tritech Software System 240707 Explanation Service Period 2-11-4 93,728.49 Visicad Support 4/1/11- 3/31/12 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,256,613.75 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #35 PAYEE FILIPPI'S PIZZA GROTTO CASA DEL TACO BEARD DESROCHERS GEOSYNTEC CONSULTANTS POWER PLUS SDG&E TIERRA WEST ADVISORS INC UNITED STATES TREASURY ABRUSCATO ACEDO ALLEN ANDERSON AUSTIN DOORS BANC OF AMERICA PUBLIC & BECK BISHOP DOT WORLD DYD CALBO CAPE 2011 CONFERENCE CAPPO INC CARQUEST AUTO PARTS CHILDREN'S HOSPITAL & HEALTH C CITY OF SAN DIEGO CITY OF SANTA ANA CIVIL SOLUTIONS INC CONDON CORPUZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DAPPER TIRE COMPANY DEFRATIS DELTA CARE (PMI) DICERCHIO DREDGE DREW FORD EISER III FAIR HOUSING COUNCIL OF SD FERGUSON ENTERPRISES INC FIRE PREVENTION SERVICES INC GELSKEY 3BS JR - _iO GRAINGER GRANICUS INC HANSON WARRANT REGISTER #/ 35 3/1/2011 DESCRIPTION CIVIL SERVICE COMMISSIONERS DINNER/CIVIL SVC COMM & LEGAL COUNCIL REIMB-SMART GROWTH CONFERENCE RETIREE HEALTH BENEFITS MAR'11 ENVIRONMENTAL CONSULTING SVCS EQUIPMENT RENTAL (POWER POLES) GAS AND ELECTRIC UTILITIES AGREEMENT WITH TIERRA WEST ADV CIVIL PENALTY TIN 95-2558328/12-31-06 REIMB - MEALS & MILEAGE RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 DOOR REPAIRS/REPLACEMENTS CAT LOADER EQUIPT LEASE PMT#20 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 MOP 64096 WEARING APPAREL RETIREE HEALTH BENEFITS MAR'11 ANNUAL CALBO MEMBERSHIP COST CAPE CONFERENCE CAPPO MEMBERSHIP 3/1/11-2/28/12 MOP 47557 AUTO PARTS CHILD ABUSE EXAMS / POLICE ENTERPRISE ZONE ADMIN / 1 & 2 QTR BASIC TRAFFIC IMPACT INVEST COURSE DEPOSIT#1458 142 E 16TH STREET RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 FOR OBSERVER SAFETY CLOTHING / PD PARKING CIT REV GC76000-761000/76101 TIRES FOR CITY FLEET RETIREE HEALTH BENEFITS MAR'11 COBRA DENTAL INS JAN 2011 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 MOP 49078 AUTO PARTS RETIREE HEALTH BENEFITS MAR'11 240648 FAIR HOUSING T-TO-L ED REIMBURSEMENT 240649 MOP 45723 PLUMBING MATERIALS REIMB FIRE PREVENTION FOR WEED RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 MOP 65179 ELECTRICAL MATERIAL GRANICUS WEBCAST/LIVECAST MANAGED RETIREE HEALTH BENEFITS MAR'11 CHK NO DATE 240611 2/24/11 240612 2/28/11 240613 3/1/11 240614 3/1/11 240615 3/1/11 240616 3/1/11 240617 3/1/11 240618 3/1/11 240619 3/1/11 240620 3/1/11 240621 3/1/11 240622 3/1/11 240623 3/1/11 240624 3/1/11 240625 3/1/11 240626 3/1/11 240627 3/1/11 240628 3/1/11 240629 3/1/11 240630 3/1/11 240631 3/1/11 240632 3/1/11 240633 3/1/11 240634 3/1/11 240635 3/1/11 240636 3/1/11 240637 3/1/11 240638 3/1/11 240639 3/1/11 240640 3/1/11 240641 3/1/11 240642 3/1/11 240643 3/1/11 240644 3/1/11 240645 3/1/11 240646 3/1/11 240647 3/1/11 3/1/11 3/1/11 240650 3/1/11 240651 3/1/11 240652 3/1/11 240653 3/1/11 240654 3/1/11 240655 3/1/11 240656 3/1/11 240657 3/1/11 1/3 AMOUNT 79.77 65.29 197.13 110.00 550.79 195.00 267.34 17, 522.50 4,563.82 139.38 160.00 125.00 110.00 682.50 3,077.02 140.00 110.00 125.00 145.00 215.00 500.00 130.00 204.20 407.00 24,250.00 150.00 500.00 280.00 140.00 48.00 15,058.50 2,688.39 120.00 103.61 70.00 250.00 239.06 250.00 7,694.00 286.83 22,157.08 115.00 120.00 165.00 71.56 1,477.35 135.00 PAYEE HARRIS & ASSOCIATES INC HOLLIS HOLLOWAY INTERNATL TRAINING RESOURCE JAMES JOHN DEERE LANDSCAPES JUNIEL KIMBLE LANDA LASER SAVER INC MATIENZO MCCABE MEDINA METRO FIRE & SAFETY MURRAY MYERS NAPA AUTO PARTS NORTHROP GRUMMAN CORPORATION NORTHROP GRUMMAN CORPORATION NOSAL WILLIAM A NUTTALL OCHOA PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PAUU POST POTTER POWERSTRIDE BATTERY CO INC PRIME SPORTS SALES & DESIGN PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY ROARK ROE ROUNDS RUIZ S D FIREFIGHTERS REGIONAL S.D. COUNTY SHERIFF'S DEPT. SAN DIEGO BMW MOTORCYCLES SAN DIEGO MIRAMAR COLLEGE SAN DIEGO RECREATION & SHORT, CRAIG SO -CAL ENTERPRISES STAPLES ADVANTAGE STRASEN THE LIGHTHOUSE INC LW v Gf` C INcomp RAtsu WARRANT REGISTER # 35 3/1/2011 DESCRIPTION TRAFFIC -LAND SURVEYOR SUPPORT SVCS RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 TACTICAL COMMANDER COURSE RETIREE HEALTH BENEFITS MAR'11 MOP 69277 HORTICULTURAL ITEMS RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 MOP 45725 OFFICE SUPPLIES RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 FIRE EXTINGUISHER SERVICE RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 MOP 45735 AUTO PARTS COMMAND POINT SCAN CENTER LICENSE SCAN CENTER IMPLEMENTATION RETIREMENT SETTLEMENT MAR'11 BASIC TRAFFIC COLLISION INV COURSE RETIREE HEALTH BENEFITS MAR'11 SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES FOR NUTRITION RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 MOP 67839 AUTO PARTS PORT AUTHORITY PIQUE SPORTS/CSD MOP 45707 SMALL TOOLS MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 2-11-4 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 RETIREE HEALTH BENEFITS MAR'11 PARKING CHARGE REIMBURSEMENT RETIREE HEALTH BENEFITS MAR'11 CITY PORTION OF WELLNESS EVALS SHERIFF'S RANGE USE FY 2011 - PD R&M CITY VEHICLES AICC BASIC INSTRUCTOR COURSE 2011 SDRBA MEMBERSHIP RENEWAL RETIREE HEALTH BENEFITS MAR'11 MOP 73565 OIL MOP# 45758. OFFICE SUPPLIES / PD RETIREE HEALTH BENEFITS MAR'11 MOP 45726 AUTO PARTS 2/3 CHK NO DATE AMOUNT 240658 3/1/11 8,505.00 240659 3/1/11 185.00 240660 3/1/11 150.00 240661 3/1/11 585.00 240662 3/1/11 140.00 240663 3/1/11 465.02 240664 3/1/11 50.00 240665 3/1/11 300.00 240666 3/1/11 155.00 240667 3/1/11 164.24 240668 3/1/11 100.00 240669 3/1/11 280.00 240670 3/1/11 105.00 240671 3/1/11 192.14 240672 3/1/11 150.00 240673 3/1/11 140.00 240674 3/1/11 368.68 240675 3/1/11 10,000.0f 240676 3/1/11 4,016.G 240677 3/1/11 1,098.64 240678 3/1/11 546.18 240679 3/1/11 125.00 240680 3/1/11 1,185.00 240681 3/1/11 339.80 240682 3/1/11 340.00 240683 3/1/11 280.00 240684 3/1/11 150.00 240685 3/1/11 654.12 240686 3/1/11 439.02 240687 3/1/11 528.60 240688 3/1/11 250-00 240689 3/1/11 256,884.29 240690 3/1/11 190.00 240691 3/1/11 135.00 240692 3/1/11 120.00 240693 3/1/11 66.00 240694 3/1/11 310.00 240695 3/1/11 40.00 240696 3/1/11 200.00 240697 3/1/11 3,602.05 240698 3/1/11 65.00 240699 3/1/11 200.00 240700 3/1/11 300.E 240701 3/1/11 240702 3/1/11 5.65 240703 3/1/11 135.00 240704 3/1/11 343.61 PAYEE THIRD DEGREE COMMUNICATIONS TOPECO PRODUCTS TRITECH SOFTWARE SYSTEMS TRIVIZ U S BANK SERVICE CENTER U S HEALTHWORKS UNITED PARCEL SERVICE URIAS VALLEY INDUSTRIAL SPECIALTIES VILLA FORD VISTA PAINT WEBB WILLY'S ELECTRONIC SUPPLY WOOD & WOOD ZIETLOW, DAVID ZIONS BANK WIRED PAYMENTS STANDARD & POOR'S SECTION 8 HAPS PAYMENTS l-tivconronATED WARRANT REGISTER # 35 3/1/2011 DESCRIPTION DEATH INVESTIGATIONS COURSE MOP 63849 AUTO PARTS VISICAD SUPPORT 4/1/11-3/31/12 RETIREE HEALTH BENEFITS MAR'11 CREDIT CARD PAYMENT - PD PRE -EMPLOYMENT PHYSICAL UNITED PARCEL SERVICES / POLICE RETIREE HEALTH BENEFITS MAR'11 MOP 46453 PLUMBING MATERIAL REFUND -OVERPAYMENT B/L RENEW MOP 68834 TRAFFIC CONTROL SUPPLIES DEATH INVESTIGATIONS COURSE MOP 45763 MATERIALS & SUPPLIES LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS MAR'11 23ND LEASE PAYMT 800 MHZ EQUIP BOND - ANALYTICAL SERVICES Start Date 2/23/2011 End Date 3/1/2011 3/3 CHK NO DATE AMOUNT 240705 3/1/11 345.00 240706 3/1/11 6.59 240707 3/1/11 93,728.49 240708 3/1/11 135.00 240709 3/1/11 868.70 240710 3/1/11 200.00 240711 3/1/11 42.59 240712 3/1/11 125.00 240713 3/1/11 65.09 240714 3/1/11 1,560.00 240715 3/1/11 231.81 240716 3/1/11 479.92 240717 3/1/11 127.39 240718 3/1/11 3,367.00 240719 3/1/11 150.00 240720 3/1/11 48,678.25 A/P Total 2/25/11 550,931.82 23,000.00 682,681.93 GRAND TOTAL $ 1,256,613.75 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 12 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Union Bank, N.A., for banking and custody services and authorizing the City Manager to execute other related documents as deemed necessary. PREPARED BY: Jeanette Ladrido. CPA DEPARTMENT: PHONE: 336-4331 APPROVED BY: EXPLANATION: See attached report FINANCIAL STATEMENT: ACCOUNT NO. 632-404-04.5-299-0000 APPROVED: APPROVED: Finance MIS Funds arc available in the referenced account in the amount of $50,000. If necessary, funds will be transferred within the departmental operating budget to cover additional fees. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Mayor to execute the agreement with Union Bank N.A., and authorize the City Manager to execute other related documents as deemed necessary BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Implementation Schedule 3. Banking Services Agreement 4. Public Entity Resolution Background In 1969, the City Council approved a Banking Agreement between the City of National City and Bank of America. The City has been satisfied with the service from Bank of America during its 42-year relationship. However, the banking industry and related technologies have changed considerably since 1969, and the apparent need to provide efficiencies and cost savings in today's economic climate made it necessary to issue a request for proposals (RFP) for banking and custody services. With the merger of the Community Development Commission with the City of National City, it was also necessary to bring both organizations under the same banking relationship. Having two different banking relationships created repetitive, duplicative demands on staff in areas such as bank reconciliations, repayments between the City and CDC and more importantly, increased banking fees. Consolidation of banking services would promote more effective and efficient banking services. On September 9. 2010, the City and CDC opened a RFP for banking and custody services and accepted proposals through October 4, 2010. A four -member committee, which consisted of the City Treasurer, the Assistant City Manager, the Director of Finance and the Financial Services Officer, reviewed the proposals and interviewed and ranked the financial institutions. The minimum qualifications for the financial institutions to meet were: • Be a federally or State of California chartered financial institution. • Be a member of the Federal Reserve System and have access to all services. • Be a qualified depository for public funds. • Be a full service bank in good standing among other comparable banks. • Be capable of providing the services sought by the City and the CDC. • Have an established office within the City limits. • Agree to assign experienced and dedicated staff who is committed and capable of servicing our accounts. • Be in compliance and good standing with the Community Reinvestment Act. • Be sufficiently capitalized to accommodate our cash/investment management needs. The City and the CDC received three proposals from the following banks: Bank of America, Union Bank and Wells Fargo Bank. The committee interviewed all banks and evaluated each using the following criteria: • Financial Strength of the bank and the ability of the bank to protect and collateralize City deposits • Cost to the City and ability to guarantee pricing for the contract period • Quality of references and overall experience with public agencies • Qualifications and strength of the relationship management team • Ability to offer product and service enhancements and • Location of bank offices 1 Union Bank was ranked first overall by the committee. The pricing proposed in the RFf was significantly lower than the other banks. Union Bank committed guaranteed fixed pricing for five years and provides a $3,000 allowance to offset the cost of implementation. The management team is committed to quarterly customer service visits and is readily available in downtown San Diego. The bank also provided suggestions and specific services for improvement in areas of the City's cash management practices (remote deposit check processing and payee positive pay). The current annual analysis charge for the City is approximately $20,000 and credit card processing services is approximately $30.000. In the City's experience, the pricing associated with accepting credit card payments is largely dictated by Visa and Master Card, who can increase pass -through charges with only a 30-day notice, and very little can be negotiated with the pricing. The City will work with Union Bank to create cost efficiencies in the future. It is estimated that the conversion of banking services would be approximately 6-8 weeks and will include the following phases: establish an implementation team, documentation preparation, technical implantation and training. Union Bank staff will be on site working with implementation members and City staff will receive webinar or telephone training. Attached is Union Bank's conversion plan to transfer banking services. Recommendation: Authorize the Mayor to execute the agreement with Union Bank, N.A., for banking and custody services and, and authorize the City Manager to execute other related documents as deemed necessary 2 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR BANK AND CUSTODY SERVICES WITH UNION BANK, N.A., OF CALIFORNIA TO PROVIDE BANKING AND CUSTODY SERVICES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER RELATED AGREEMENTS, AS DEEMED NECESSARY WHEREAS, in 1969, the City Council approved a Banking Agreement between the City of National City and Bank of America; and WHEREAS, the banking industry and related technologies have changed considerably since 1969, and the apparent need to provide efficiencies and cost savings in today's economic climate made it necessary to issue a Request for Proposals ("RFP") for banking and custody services; and WHEREAS, with the merger of the staff of the Community Development Commission of the City of National City ("CDC") with the City, it is more effective and efficient to bring both entities under the same banking relationship for banking and custody services; and WHEREAS, of the three proposals that were submitted, Union Bank's pricing was significantly lower, the bank committed guaranteed fixed pricing for five years, and will provide a $3,000 allowance to offset the cost of implementation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Union Bank, N.A., of California for bank and custody services. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all other related agreements in the furtherance of the banking and custody services, as deemed necessary. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney Tab I - Conversion A. Describe a conversion plan to transfer assets of the City and the CDC to your financial institution. Please include a dollar amount that the bank will include as a "conversion allowance" for the implementation and set up costs. Union Bank places great emphasis on providing high -quality, personalized service to government agencies. We place an equal importance on a seamless transition of banking services from other financial institutions and have extensive experience at transitioning public agencies to Union Bank. To ensure that you'll have a smooth transition to Union Bank, we will provide you with a team of professionals who have in-depth knowledge of all operational aspects of our services. This team; who is thoroughly versed in all operational aspects of the Bank's services, will support you during and after the implementation process. Union Bank will offer the City and CDC a $3,000.00 conversion allowance to mitigate the cost of implementation, set-up costs for treasury management services and initial deposit and check stock supplies. The implementation plan will include the following phases and steps. Implementation Team • Introduce implementation team Define roles and responsibilities Develop and distribute a formal implementation plan to alI parties Coordinate implementation meetings on an on -going basis Documentation Preparation • Complete transmission protocol worksheet • Provide specifications • Agreements, signature cards, and all required documents Technical Implementation • Establish all requirements • Establish testing requirements for transmissions • File format testing Training • Coordinate details of the start-up with your Relationship Manager • Train your staff on services via Webinar training • Provide appropriate reference materials as an ongoing reference • Respond to your processing questions on an ongoing basis • Provide follow-up training as needed During the implementation and conversion phase, the Bank will provide the necessary training and reference materials as needed. Union Bank does not charge for the training for our proprietary products and services we implement for the customer. Any follow-up webinar or telephone training coordinated and administered by our treasury management specialists is provided at no cost to the City. 39 l/ Union Bank For Web services, training is generally completed via telephone because no software installation is required. We provide WebEx online (Webinar) training led by Union Bank treasury management specialists. These Webinars are designed to show the City how to use our online services and how you can benefit from our cash management products' robust features. Webinars are hosted daily, so the City can attend at your convenience, and last no more than an hour. SAMPLE IMPLEMENTATION PLAN FUNCTION INITIAL IMPLEMENTATION MEETING RESPONSIBILITY • Review current and proposed account structure, services and processes • Discuss timeline and responsibilities for an implementation plan • Create a detailed implementation plan specific to the City's requirements ■ Set "Start" date ACCOUNT SET-UP Complete all service and legal agreements City of National City & CDC and Randy Ungersma City of National City & CDC and Randy Ungersma Provide the City with document checklist Randy Ungersma Provide file specifications Carolyn Swafford Provide current -year budget and Financial Information (CAFRs for three (3) years) City of National City & CDC Provide daylight overdraft requirements and ACH limits City of National City & CDC Identify deposit and cash vault supply needs and place order Randy Ungersma and CCSU ACCOUNT SERVICES Open accounts Randy Ungersma and CCSU Test checks for all accounts (City to provide checks for testing) City of National City & CDC and Carolyn Swafford Complete transmission testing Carolyn Swafford Set up all cash management account services TRAINING Identify training requirements and schedule on -site training dales Carolyn Swafford City of National City & CDC, Randy Ungersma, and Carolyn Swafford Complete implementation of all services Randy Ungersma Start Services Provide ongoing training as needed Randy Ungersma Post implementation review: Randy Ungersma • All services implemented • Account Analysis • Answer questions • hnplementation Survey This sample implementation plan illustrates the major components required for the conversion of the City's banking services to Union Bank. Upon award of the contract, the Bank will work with the City to develop a detailed and customized implementation plan to meet your specific requirements. Throughout the City's relationship with the Bank, we will continue to provide training as needed. 40 IN Union Bank B. What lead-time do you expect will be necessary before the conversion begins? The services being used by the City and CDC can comfortably be converted to Union Bank within 60 days. When the City notifies the bank of the award we will assertible our transition team for an in -person meeting with the City's transition team for an initial implementation meeting. Roles and responsibilities for the Bank and the City will be defined and new accounts forms will be originated. A complete package of new account documentation will be created for the City and new bank account numbers will be identified and delivered. Implementation steps for treasury management services include: • Receiving and completing the Terms and Conditions Agreement, Funds Transfer Authorization, Master Funds Transfer Agreement and Security Procedures, and the Web wire worksheet. • Implementing your services based on your requirements • Mailing the SecurlD tokens to you • Scheduling an appointment for phone and/or on -site training (if necessary). Training is not required for the Web channel. • Scheduling testing which required for initiating wires_ Testing time may vary depending on format type. • After the Bank receives and confirms the setup documentation, all steps are generally completed within three to five business days, depending on the complexity of the implementation. Transmission time may vary, depending on the transmission method selected. C. Indicate your plans for educating and training the City employees in the use of your systems. The Bank places a high level of attention on quality training of the City's personnel on an on- going basis. We recommend City employees enroll in our Free Webinar training sessions that are available throughout the month for all of our Web Treasury Management Services. When a web user logs into the Online Business Center there is a convenient link to "Webinar" training. When the user clicks on that link a calendar will open up that presents all the available product training that is available for that month. Private Webinar training sessions can also be arranged for group settings of City employees. 41 l� UnionBank AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND UNION BANK, N.A. THIS AGREEMENT is entered into this 5th day of April, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Union Bank, N.A., a Financial Institution (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Banking and Custody Services. WHEREAS, the CITY has determined that the CONTRACTOR is a Financial Institution 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 will perform services as set forth in the attached Exhibit "A"(Banking RFP Bid Sheet and Custody Schedule of Fees). The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Chris Zapata, City Manager, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Randy Ungersma, Vice President & Senior Relationship Manager, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A "as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the 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. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement — June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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, 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 CONTRACTORs 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. 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 3 City's Standard Agreement - June 2008 revision 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. 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. 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. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 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 and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. This indemnification and hold harmless provision shall not apply when the following two conditions occur: i) the specific transactions and occurrences are governed exclusively by the California Commercial Code; and, ii) this indemnification and hold harmless provision is irreconcilable with the California Commercial Code treatment of such transactions and occurrences. 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/$1,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The CONTRACTOR has purchased a $5 million Umbrella Liability which provides excess liability limits over the CGL. 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. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 1I 5 City's Standard Agreement — June 2008 revision F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the 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 attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 City's Standard Agreement - June 2008 revision 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6_ E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Randy Ungersma Vice President & Senior Relationship Manager 530 "B" Street, Suite 535 San Diego, CA 92101 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. n 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. 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. 8 City Standard Agreement — June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney UNION BANK, N.A. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: Randy Ungersma, Vice President By: (Name) (Print) (Title) 9 City's Standard Agreement — June 2008 revision ti UnionBank CONFIDENTIAL RE: BANKER'S PROFESSIONAL LIABILITY/ERRORS & OMISSION INSURANCE COVERAGE To Whom it May Concern_ This is to confirm that UnionBanCal Corporation and Union Bank, N.A. has purchased the captioned insurance coverage as follows: Insurance Carrier Chartis Specialty Insurance Company (A.M. Best Rating: A / XV) Term: June 30, 2010 to June 30, 2011 Coverage Summary: Errors & Omissions Insurance: This policy indemnifies UnionBanCal Corporation, Union Bank,N.A. and their subsidiaries for loss arising from any claim or claims for any allegedwrongful act in their respective capacities of any employee or of any other person for whose actions UnionBanCal Corporation is legally responsible in rendering or failing to render professional services_ Limit:: Ded uctible: $15 Million Primary Coverage $10 Million This limit is shared with Directors & Officers Liability and Employment Practices Liability. The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager. Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Union Bank, N.A. has assets in excess of $68 billion. Consistent with other major U.S. banks, it is our risk management practice to purchase commercial insurance for only those risks that would be catastrophic in nature or could pose a serious threat to a corporation of our size. This typically means that insurance is purchased in relatively high limits, excess of significant retention or deductibles, on a broad form corporate blanket policy. rinance Division 4017 California Str':ei Can Francisco, CA '34104 4 member of rSUr4. a glohal iinan:ial group Signed John M. B Senior Vice Insurance & Tel 415 765 0400 Date July 1, 2010 esident and isk Manager UnionBank CONFIDENTIAL RE: AUTOMOBILE LIABILITY INSURANCE COVERAGE To Whom 1t May Concern This is to confine that coverage as follows: Insurance Carriers: Term: Coverage Summary: UnionBanCal Corporation and Union Bank, N.A. has purchased the captioned insurance Tokio Marine & Nichido Fire Insurance Company, Ltd. (A.M. Best Rating: A++/ XV) January 1, 2010 to January 1, 201 I Automobile Liability Insurance: This policy insures UnionBanCal Corporation, Union Bank, N.A., and their subsidiaries for bodily injury and property damage liability arising from the operation of any vehicles (owned/ non -owned! hired). Limit: SI Million Deductible: S - 0 - The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager_ Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Signe Date Finance Crwision 400 California Street San Francisco, CA 04104 A mzmter or MUFG. a gfotuf tuta09d1 groan, Jo Senio Insura Bell ice President and e & Risk Manager January 1, 2010 TO. 415 765 0400 bUnionBank CONFIDENTIAL RE: COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE To Whom It May Concern: This is to confirm that UnionBanCal Corporation and Union Bank, N.A. has purchased the captioned insurance coverage as follows: Insurance Carriers: Tokio Marine & Nichido Fire Insurance Company (A.M_ Best Rating: A++/ XV) Term: January I, 2010 to January 1, 201 I Coverage Summary: Commercial General Liability Insurance: Limit: This policy insures UnionBanCal Corporation, Union Bank, N.A., and their subsidiaries for liability arising out of its premises and operations, Personal Injuries, Fite Damage, Advertising Liability and Contractual Liability. It excludes liability for pollution, asbestos and professional errors & omissions, among others. S t Million General Liability S 5 Million Umbrella Liability $ 6 Million Deductible: $ - 0 - The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager. Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Finance bivision 400 California Street San Franc sco, CA .4:04 A r..rnber pf MFG. e 9lubal fino:Kial group Signed John e I Senior 'ce President and Insurance & Risk Manager Date January I, 2010 Tel. 415 7650400 IDUnionBank CONFIDENTIAL RE: WORKERS' COMPENSATION & EMPLOYERS LIABILITY INSURANCE COVERAGE To Whom It May Concern: This is to confirm that Union Bank, N.A. has purchased the captioned insurance coverage as follows: Insurance Carriers: "trans Pacific Insurance Company (A.M. Best Rating: A++/ XV) Term: January 1, 2010 to January 1, 2011 Limit: Statutory -- Coverage A $t million Coverage B Coverage Summary: Workers' Compensation & Employers Liability Insurance: au evmpons4ttan and aft i'eIre iequn ed of UmonBanCal Corporation, Union Bank, N.A., and their subsidiaries under the workers' compensation act of the states listed in the policy. Coverage B: covers for situation in which employees of UnionBanCal Corporation, Union Bank, N.A, and their subsidiaries not covered under Workers' Compensation laws could sue for injuries suffered under common law liability. The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager. Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Finance Divisicn 400 Cali lorrd St, pet Szn Francis[,,. CA 94104 a. rferri ,r of 14t%f . a global fr,erpal group Signed John Senioiice e Senio e President and lnsu & Risk Manager Date January 1, 2010 Tel.41S 7250400 CITY OF NATIONAL CITY RFP BID SHEET DUE 9/30/2010 EXHIBIT A UNION BANK, N.A. WELLS BOA COMBINED Proposed Extended SERVICE UNIT OF Volume Volume Volumes Unit Proposed DESCRIPTION MEASURE Price $ Price $ ACCOUNT ANALYSIS _ ]ACCT MAINTENANCE - WEB PER/ACCOUNT 5 3 8 5.00 40.00 SUBTOTAL ACCOUNT RECONCILIATION DEPOSIT RECON MONTHLY MAINT PER ACCT!MONTH 0 2 2 20-00 40-00 POS PAY MONTHLY MAINT PER ACCT/MONTH 4 _ 2 6 40.00 240-00 TRANSMISSION ISSUE INPUT -BASE PER/TRANSMISS'N 1 10 11 2.00 22.00 TRANSMISSION ISSUE INPUT -ITEM ITEM 0 663 663 0.02 13.26 CHECK PAID TRUNCATED ITEM 225 654 879 0.07 61-53 DEPOSIT RECONCILEMENT - ITEM ITEM 0 42 42 0-00 000 OUTSTANDING ONLY REPORT PER/REPORT 2 0 2 2.00 4.00 TRANSMISSION OUTPUT- PER TX $10.00/TRANS 1 2 3 2.00 6.00 TRANSMISSION OUTPUI - PER ITEM ITEM 233 654 887 0.005 4.44 IMAGE CD - ROM PER/CD ROM 1 0 1 15.00 15.00 IMAGE CHECKS ITEM 231 654 . 885 0.02 17.70 EXPRESS MAIL DELIVERY PER PACKAGE 0 1 1 5.00 _ 5.00 WEB POS PAY -EXCEPTIONS ITEM 0 1 1 0.20 0.20 SUBTOTAL BUSINESS CHECKING ELECTRONIC CREDIT EACH 14 24 38 0.10 3.80 ELECTRONIC DEBIT EACH 9 8 17 0-10 1.70 BANK STATEMENT WEB EACH 5 3 8 1.00 8.00 ENHANCED FDIC INSURANCE PER /$1000 2,162.0 720.0 2,882 0.00 0.00 FDIC INSURANCE (000's) PER /$1000 2,162.0 970.0 3,132 0-1263 395,57 FICO INSURANCE (000's) PER /$1000 2,162.0 970.0 3,132 0.0083 26.00 SUBTOTAL CHECK PROCESSING UNENCODED COURIER DEPOSIT PER/DEPOSIT 1 10 11 1.60 17.60 ON -US CHECKS SERV. CTR DEPOSIT ITEM 6 1 7 0.03 0.21 LOCAL CLR. HSE./SER. CTR ITEM 5 766 771 0.04 30.84 LOCAL FED DIST 12-SERV CTR DEP ITEM 9 1 10 _ 0.06 0.60 ENCODING FEE - SERV. CTR. DEP. ITEM 40 766 806 0.03 24.18 OTHER FED - SERV CTR DEPOSIT ITEM 20 1 21 0.10 2.10 SUBTOTAL ACH ORIGINATION DIRECT SEND MONTHLY BASE FEE PER BATCH HEADER 1 1 30.00 30.00 DIRECT SEND CREDIT TRANSACTION ITEM 299 1,804 2,103 0.02 42.06 DIRECT SEND RETURNS FILE ITEM 1 0 1 2.00 2.00 INPUT - DATA TRANSMISSION PER TRANSMISSION 5 3 8 2.00 16.00 ACH WEB MONTHLY BASE FEE PER BATCH HEADER 2 0 2 30.00 60.00 ACH WEB BATCH RELEASE PER/TRANSMISSION 1 0 1 1.00 1.00 ACH CREDIT TRANSACTIONS FIRST 100 FREE, TIIEN .25 5 0 5 0.00 0.00 NOC - FAX ITEM 0 5 5 2.00 10.00 SUBTOTAL 11 CASH VAULT SERVICES TELEPHONE ORDER PER/ORDER 0 1 1 5.00 5.00 CURRENCY ORDERED -TELLER FIT (000's) PER!$1000 0.0 0.9 1 1-00 0.90 COIN DEPOSITED NON-STANDARD PER/EQUIV ROLL 0 1 1 0.12 0.12 DEPOSIT - CASH OR COIN ONLY PER/DEPOSIT 0 25 25 1-45 36.25 CURRENCY DEPOSITED -UNSTRAPPED (000's) PER/$1000 0.164 18.400 19 1.20 22.28 SUBTOTAL This document is exempt from public disclosure pursuant to California Government Code Section 6254(K) as that section is further defined by sections 6275 8 6276.44 of said Government Code and by the Uniform Trade Secrets Act (California Code Section 3426-3426. 11, inclusive). Please refer to the Government Services Schedule of Fees for additional service fees and charges not identified on the Bid form. 1 b Union Bank CITY OF NATIONAL CITY RFP BID SHEET DUE 9/30/2010 UNION BANK, N.A. SERVICE DESCRIPTION UNIT OF MEASURE WELLS Volume BOA Volume COMBINED Volumes GOVERNMENT CUSTOMER SERVICE COPY OF CHECK -FAX (ONLINE IS FREE PER/FAX PAGE 2 Proposed Unit Price $ 000 Extended Proposed Price $ SUBTOTAL J ELECTRONIC PAYMENT AUTHORIZATION (ACH BLOCKS AND FRAUD FILTERS) EPA MONTHLY MAINTENANCE PER ACCOUNT 2 2 4 10.00 40.00 FPA ACTIVITY REPORT PER ACCOUNT 1 0 1 2.00 2.00 EPA FILTERS PER ACCOUNT 1 0 1 5-00 5 00 SUBTOTAL WEB CHECK IMAGE ACCESS LSINGLE ITEM QUERY ITEM 0 1 1 0.00 0.00 SUBTOTAL INFORMATION REPORTING 5 WEB PRIOR DAY REPORT ACCOUNT PER/REPORT 5 10 20.00 200.00 WEB PRIOR DAY ITEM PRINTED PER/ITEMS PRINTED 259 819 1.078 0.03 32 34 WEB CD ITEMS PRINTED PER/ITEMS PRINTED 0 268 268 0.03 8.04 WEB CURRENT DAY RFPT ACCOUNT PERRREPORL 5 2 7 20.00 140.00 SUBTOTAL J DEPOSITED ITEMS RETURNED DEPOSITD ITEMS RETURND-RECLEAR ITEM 0 3 3 1.00 3 00 DEPOSITD ITEMS RETURND-CHRGBK ITEM 0 3 3 1.50 4.50 ENDORSEMENT GUARANTEE/RECLEAR ITEM 0 3 3 3.00 9.00 SUBTOTAL WEB STOP PAYMENTS WEB ACCT RECON STOP PM1 ITEM 1 0 1 3.00 3.00 SUBTOTAL WIRE TRANSFERS WIRE TRANSFER MONTHLY FEENVEB INCOMING DOMESTIC REPETITIVE PER CLIENT ITEM 0 2 FACSIMILE ADVICE INCOMING WIRE OUTGOING DOMESTIC WIRE/WEB OUTGOING INTL WIRE USD/WEB SUBTOTAL ITEM ITEM ITEM 0 3 0 1 5 7 1 1 1 7 7 4 1 20.00 2.00 20.00 14.00 2.00 4.00 10.00 14.00 16.00 10.00 ZERO BALANCE ACCOUNTS ZBA CONCENTRATION ACCOUNT CONCEN1RA1 ION 1 1 SUB LEVEL 1 ZBA AFFILITATES 2 2 3 0.00 0.00 5.00 15.00 SUBTOTAL 1 MONTHLY TOTAL $1,741.21 This document is exempt from public disclosure pursuant to California Government Code Section 6254(K) as that section is further defined by sections 6275 & 6276.44 of said Government Code and by the Uniform Trade Secrets Act (California Code Section 3426-3426.11, inclusive). Please refer to the Government Services Schedule of Fees for additional service fees and charges not identified on the Bid form. 2 UnionBank CITY OF NATIONAL CITY RFP BID SHEET DUE 9/30/2010 UNION BANK, N.A. SERVICE DESCRIPTION UNIT OF MEASURE WELLS Volume BOA Volume COMBINED Volumes Proposed Unit Price $ Extended Proposed Price $ ENHANCEMENTS AND OPTIONAL SERVICES ACCOUNT RECON STALE DAIE FEATURE 5.00 STALE ITEMS 0.01 100-00 BILL CONSENTRATION SERVICE MONTHLY BASE BCS TRANSMISSIONS PER TRANSMISSION 2 00 BCS ONLINE PAYMENTS PER ITEM 0 08 BCS DETAIL REPORT PER MONTH 2.00 LAIF INVESTMENT TRANSFERS PER TRANSFER 0.00 WEB INSTATAX SYSTEM MONTHLY BASE 5.00 WEB INSTATAX FI FCTRONIC PAYMENTS PER PAYMENT 1 50 REMOTE DEPOSIT CHECK 21 SCAN SERVICE FIRST ACCOUNT 75.00 REMOTE DEPOSIT ADDITIONAL ACCOUNTS ADD'L ACCOUNTS 5 00 RD CHECKS PROCESSED PER CHECK 0.08 RD ELEC IRONIC DEPOSITS SUBMITTED PER DEPOSIT 0-75 "UNION BANK WILL PAY FOR THE FIRST TWO SCANNERS FOR THE CITY NAME OF PROPOSING BANK UNION BANK, N.A. ECR FOR JULY 2010 .40% MINIMUM RATE FIXED UNIT PRICING: NUMBER OF YEARS 5YEARS AUTHORIZED OFFICER'S NAME RANDY UNGERSMA AUTHORIZED OFFICER'S SIGNATURE CONVERSION ALLOWANCE r/ $3,000 (FDICIFICO premiums riot included in fixed price guarantee) This document is exempt from public disclosure pursuant to California Government Code Section 6254(K) as that section is further defined by sections 6275 & 6276.44 of said Government Code and by the Uniform Trade Secrets Act (California Code Section 3426-3426.11. inclusive). Please refer to the Government Services Schedule of Fees for additional service fees and charges not identified on the Bid form. 3 UnionBank t� UnionBank- SCHEDULE OF FEES Municipalities and Public Agencies Effective July 20, 2009 INSTITUTIONAL CUSTODY SERVICES MONTHLY ADMINISTRATION FEE ITEMIZED FEES MINIMUM ANNUAL FEE DISCLOSURES ACKNOWLEDGMENT New account set-up Free receipt of assets transferring into Union Bank Asset safekeeping Trade settlements income collections Capital changes and proxy processing Daily cash sweep Account statement - Holdings and Transactions Dedicated relationship manager assigned to your account Account access to Online Trust & Custody $50 Transaction Fee Depository Eligible Depository Ineligible Monthly Holding Fee* Depository Eligible Depository Ineligible Disbursements- Wires/Checks P&I Paydowns Out -of -Pocket Expenses Initial Account Per additional Sub -account $15 $40 $1 $4 $10 $5 As incurred $3,500 $600 Market value used for fee calculations on fee invoices may differ slightly from market values on client statements due to posting of accruals, late pricing of securities, and/or other timing issues. A transaction is defined as any activity affecting assets including purchases, sales, tender offers, stock dividends, free deliveries, maturities, exchanges, redemptions, etc_ Fees for foreign securities, foreign exchange transactions, international wires, and non-standard services are quoted separately. Union Bank retains the right to charge special fees for extraordinary services not covered in this fee schedule_ You may be assessed an overdraft charge for any negative balance in your account, provided such advance or overdraft is not related to Bank errors or omissions. Current overdraft charges are at the Bank's Prime Rate • 4% per annum for the amount and number of days any negative balance exists in your account This rate may be subject to change upon notification. Please see your account Agreement for additional information. Fees are charged quarterly against the Client's account unless otherwise agreed. This fee schedule is subject to change upon thirty (30J days written notice. `includes cash sweep Client Name Authorized Client Representative Date Union Bank Representative Date • • Elavon to UnionBank Debit Network Schedule of Fee Charges Debit Network Accel IC % IC Per Item Chg. Switch Fee per Auth Transaction Cost CAP Elavon Markup 0.75% S0.1500 $0.0300 $0.1800 No Cap $0.2000 Star 0.80% $0.1700 $0.0325 $0.2025 No Cap $0.2000 Intcrlink 0.95% $0.2000 $0.0350 $0.2350 No Cap $0.2000 Maestro 0.90% $0.1500 $0.0250 $0.1750 No Cap $0.2000 NYCE 0.75% $0.1700 $0.0425 $0.2125 No Cap $0.2000 Pulse 0.75% $0.1000 $0.8000 $0.1800 No Cap $0.2000 Shazam 0.75% $0.1500 $0.0400 $0.1900 No Cap $0.2000 NETS 0.75% $0.1500 $0.0400 $0.1900 $0.5000 $0.2000 AFFN 0.65% 0.75% $0.1200 $0.0350 $0.1550 $0.5000 $0.2000 CU 24 $0.1500 $0.0280 $0.1780 $0.8000 $0.2000 Alaska 0.00% $0.0000 $0.2600 $0.2600 $0.0000 $0.2000 schedule current as of 09/14/10, Debit Networks are not affiliated with Elavon and control the pricing of this service, the fees are subject to change at any time... Elavon will charge a $0.20-$0.50 transaction fee (depending on average ticket) in addition to the Debit Network fees shown above. PIN -Debit transactions will be charged as follows: Example 1: If the transaction is $50.00 on the Interlink Network (no Cap): *$50.00 x 0.95% + $0.20 + $.0350=$0.71 (Debit Network Costs) + Elavon Markup ($0.20-$0.50) _ $ 0.91-S1.21 Example 2 If the transaction is $50.00 on the NETS Network which has a (Cap) on fees: * $50.00 x 0.75% + $0.I 5 + $0.0400= $0.56 however there's a Cap on tees charged by the NETS Network so the total Debit Network cost you will incur is $0.50 + Elavon Markup ($0.20-$0.50)= $ $0.70-$1.00 In today's world about half of all credit cards processed are Debit Cards so depending on which Debit Network that processes the transaction (determined by the Bank who issued the card) you can realize a savings if you add PIN Pads to each terminal to capture the consumer's PIN on the larger ticket sizes. 'J UnionBank PUBLIC ENTITY RESOLUTION California Government Code 53679 stipulates that money not under control of the treasurer but belonging to a local agency and under the control of any of its officers or employees other than the treasurer may deposit funds as active deposits or inactive deposits. For deposits in excess of the amount insured under any federal law, a contract in accordance with Section 53649 is required. It is resolved that the officer now or subsequently holding the position of City Manager (Title) City of National City (Public Entity) is authorized by the Governing Board under California Government Code 53649 to enter into any contract with Union Bank, N.A. relating to any deposit, which in his or her judgment is to the public advantage. Contracting requirements could include: • Establish bank accounts and services. • Sign, or change in writing, agreements with the Bank regarding the Public Entity's bank deposit relationship. • Specify in writing to the Bank the individuals who are authorized in the name of and on behalf of the Public Entity to: • Withdraw funds from any of the Public Entity's banking accounts on the Public Entity's checks or orders. ■ Endorse and deliver to the Bank, for any purposes, and in any amount, negotiable or non-negotiable items of any kind, and owned by, or held by, or payable to the Public Entity. • Send, review, and/or authorize wire and electronic transfers of funds from the Public Entity accounts. Such authority may be exercised by such authorized individual acting alone, regardless of any multiple signature requirements otherwise applicable to the accounts. • Otherwise access the Public Entity's deposit accounts. This authority has been granted by the Governing Board and shall remain in effect until the Bank receives written notice of revocation at the Office where the Public Entity's banking relationship is maintained. C:FRTIFICATION l Clerk/Secretary to the Governing Board of the above referenced Public Entity, do hereby certify that the foregoing is a full, true, and correct copy of a resolution passed by the Governing Board on (Month and date) of revoked or amended. (Year), and the resolution has not been CLERK/SECRETARY TO THE GOVERNING BOARD s IGNATURE DATE Distribution: ORIGINAL — Office Copy DUPLICATE — CCSU TRIPLICATE - Customer FORM 00219 (11/98) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 1-3 EM TITLE: Resolution of the City of National City authorizing the Mayor to execute the second amendment to the agreement between the City of National City and Mayer Hoffman McCann P.C., for Independent Auditing Services to include the Fiscal Year Ended June 30, 2011, in the amount of $37,300 PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT PHONE: 336-4331 APPROVED BY: EXPLANATION: The City and the Community Development Commission of the City of National City have been in contract with Mayer Hoffman McCann since Fiscal Year 2004-2005. The audit firm has provided excellent customer service and expertise in the finances of the City and the CDC. With the guidance of MHM, the City has been able to receive the CSFMO Awards for Outstanding Financial Reporting and Excellence in Operating Budgeting for Fiscal Years 2009 and 2010. Staff wishes to extend the contract for one additional year to assist with the implementation of GASB 54, Fund Balance Reporting and Governmental Fund Type Definition. GASB 54 must be reflected in the June 30, 2011 financial report. With that, staff recommends authorizing the second amendment to the agreement to include the fiscal year ended June 30, 2011. FINANCIAL STATEMENT: APPROVED ACCOUNT NO. 632-404-045-201-0000 APPROVED: Funds are budgeted in the amount of $37,300. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends amending the agreement to include the fiscal year ended June 30, 2011 at a cost of $37.300. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Second Amendment to Agreement 3. MHM Proposal of Independent Audit Services RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MAYER HOFFMAN MCCANN, P.C., IN THE AMOUNT OF $37,300 FOR INDEPENDENT AUDITING SERVICES TO INCLUDE FISCAL YEAR ENDING JUNE 30, 2011 WHEREAS, the City of National City ("City") entered into an Agreement with Mayer Hoffman McCann, P.C. ("MHM"), on July 1, 2008, to provide independent auditing services for fiscal year 2007-2008; and WHEREAS, the City and MHM amended the Agreement on June 1, 2010 to extend the services for one year, ending June 30, 2011, in the amount of $62,056; and WHEREAS, the parties desire to extend the Agreement for an additional one- year term expiring June 30, 2012, to provide independent auditing services for Fiscal Year 2010-2011, in the amount of $37,300. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement between the City of National City and Mayer Hoffman, P.C., to extend the Agreement for a one- year term expiring June 30, 2012, to provide independent auditing services for Fiscal Year 2010-2011, in the amount of $37,300. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL AND MAYER HOFFMAN MCCANN, P.C. This amendment to agreement is enter into this 5th day of April, 2011, by and between the City of National City, a municipal corporation ("the CITY''), and Mayer Hoffmann McCann, P.C. (the "CONTRACTOR") RECITALS A. The CITY and the CONTRACTOR entered into an Agreement on July 1, 2008, (the Agreement) where in the CONTRACTOR agreed to provide independent auditing services for FY 2007-2008 for $70.756. B. The CITY and the CONTRACTOR amended the Agreement on June I, 2010, (the Amendment) where the City extended the agreement for one year to . provide independent auditing services expiring June 30, 2011 for $62,056. C. The parties desire to amend the Agreement to extend the agreement for a one- year term expiring June 30, 2012, to provide independent auditing services for Fiscal Year 2010-2011. as set forth in the attached Exhibit "A". in the total amount of $37,300 is the amount for the City of National City. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2008, shall be amended to extend the Agreement for a one-year term expiring on June 30, 2012 to provide independent auditing services for Fiscal Year 2010-2011. as set forth in the attached Exhibit "A", in the amount of $37,300. IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MAYER HOFFMAN MCCANN, P.C. By: By: • -�..GALIFORNIA. cINCORPORATED -' • CITY OF NATIONAL CITY & COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (Proposal for Audit Services) PROPOSAL OF INDEPENDENT AUDIT SERVICES TO THE CITY OF NATIONAL CITY, CALIFORNIA and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Submitted by: MAYER HOFFMAN McCANN P.C. 2301 DUPONT DR., SUITE 200 IRVINE, CALIFORNIA 92612 MARCH 24, 2011 CONTACT PERSON — MATTI IEW LENTON. SHAREHOLDER PHONE NO: (949) 474-2020. EXT. 300 FACSIMILE NO: (949) 263-5520 EMAIL: mlcnton@cbiz.com WERSITE: www.mhm-pc.com MAYER HOFFMAN McCANN P.C. CALIFORNIA LICENSE NO. CORP 5091 MAYER HOFFMAN McCANN P.C. FEDERAL IDENTIFICATION NO. 43-1947695 PROPOSAL OF AUDIT SERVICES TO TIIE CITY OF NATIONAL CITY and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TABLE OF CONTENTS Section Page Letter of Transmittal PROFILE OF THE PROPOSER A About Mayer Hoffman McCann P.C. 1 SUMMARY OF PROPOSER'S QUALIFICATIONS B Qualifications and Related Experience of the Personnel who will Service the City of National City and the Community Development Commission of the City of Natioal City 5 C Our Prior Experience Auditing Cities, Redevelopment Agencies Special Districts and Other Local Governments 7 D Capabilities in General Consulting and Compliance Auditing 12 E References of Local Government Clients 13 SCOPE SECTION F Our Finn's Understanding of the Objectives and Scope of the Engagement 14 G Approach, Timing and Work Program of Our Engagement Team 16 H Our Fees and Hourly Rates 26 BIOGRAPHIES Resumes of Audit Personnel Assigned APPENDIX Mayer Hoffman McCann P.C. Peer Review Report — Local Government Practice Mayer I Iffman McCann P.C. Peer Review Report {{� Mayer Hoffman McCann An Independent CPA Firm 2301 Dupont Drive, Suite 200 Irvine. California 92612 949-474-2020 ph 949-263-5520 fx www-mhm-pc.com March 24, 2011 City of National City City Manager 1243 National City Blvd. National City, CA 91950 Mayer Hoffman McCann P.C. is pleased to respond to your request to serve as the independent auditors for the City of National City and the Community Development Commission of the City of National City for the fiscal year ending June 30, 2011. Mayer Hoffman McCann P.C. (MHM) would be your best selection for the following reasons which are set forth in greater detail in our proposal: • Mayer Hoffman McCann P.C. is a national CPA firm. In California, Mayer Hoffman McCann P.C. has offices in Los Angeles, Oxnard, Bakersfield, Irvine, San Diego and San Jose. More than 400 accounting and audit professionals serve clients from the California offices. • The government services practice of Mayer Hoffman McCann P.C. is headquartered in Irvine. California. • The Irvine office of MHM currently serves approximately 90 California municipal clients, including serving as independent auditors for 51 California cities. We also serve the redevelopment agencies and housing authorities of those cities. • MIIM.'s audit team of Matthew Lepton, Engagement Shareholder, Jennifer Farr, Technical Review Shareholder, and Felix inga, Engagement Manager have a proven track record in serving California cities, redevelopment agencies, special districts and authorities. • In addition to providing extensive local government and other audit and information technology training for our staff, Mayer Hoffman McCann provides an annual Governmental Accounting Standards Board (GASH) Technical Update each spring for our clients. • MHM has previously served as the City's independent auditors, which gives MHM the detailed knowledge and experience of dealing with and understanding the City's complicated and technical accounting issues. MITM will also provide a key change in personnel from past engagement teams. Matthew Lepton. CPA. will serve as the engagement Shareholder and Felix Inga, CPA, will serve as the engagement manager which will provide a fresh set of eyes and a new perspective on audit approaches in addition to providing a highly technical and experienced individuals performing the audit on a day to day basis. • With our electronic audit software, we have the capability to upload the City's trial balance and create our own workpaper lead sheets and financial statement tic -out workpapers, which can reduce finance staff time. City of National City Page Two • We believe that our fee estimate and structure will assure the City of National City and the Community Development Commission of the City of National City of a fair and reasonable cost (based upon the experience of our audit team) to perform the annual audit examination for the City. The fee break out for each of the services is as follows: City Financial Audit - $32,500; Community Development Commission - $8,000; Single Audit - $8,500; Morgan Towers Audit - $7,500; REAC Submission - $1,250; and GANN Limit - $800. The total fees for 2011 represent a 5.6% reduction from our 2009 fees and over the last three years, we have reduced our fees to the City over $12,000 or 17%. • We believe that our fee estimate and structure will assure the City of National City and the Community Development Commission of the City of National City of a fair and reasonable cost (based upon the experience of our audit team) to perform the annual audit examination for the City and CDC. • Mayer Hoffman McCann P.C. adheres to the strict quality control measures and high professional standards of the Public Company Accounting Oversight Board (PCAOB), the American Institute of Certified Public Accountants (AICPA) and California State Board of Accountancy. MHM is a member of the AICPA's Center for Public Company Audit Firms, Employee Benefit Plan Audit Quality Center, Governmental Audit Quality Center and the AICPA's Private Company Practice Section (PCPS). • Mr. Matthew Lenton, Shareholder, and Ms. Jennifer Farr. Shareholder, are authorized shareholders of Mayer Hoffman and are authorized to bind our Firm in contractual matters with the City of National City and the Community Development Commission of the City of National City. Mr. Lenton and Ms. Farr are also authorized to make representations for the Firm to the City of National City and the Community Development Commission of the City of National City. • Mayer Hoffman McCann P.C. and all key personnel are licensed and in good standing with the California State Board of Accountancy to practice as independent certified public accountants. Additionally, Mayer Hoffman McCann P.C. is independent with respect to the City of National City within the Government Auditing Standards. Mayer Hoffman McCann P.C. is an Equal Opportunity Employer. We are committed to providing outstanding service to the City and in meeting the requested time deadlines. Mayer Hoffman McCann P.C. thanks the City of National City and the Community Development Commission of the City of National City for the opportunity to present our proposal qualifications and for the opportunity to be appointed as your independent auditors. Our proposal remains a firm and irrevocable offer for 90 days. I look forward to you contacting me so that I may answer further any questions which you may have. You may contact me at (949) 474-2020. Ext. 300. Very truly yours, MAYER HOFFMAN McCANN P.C. Matthew Lenton, C.P.A. Shareholder SECTION A ABOUT MAYER HOFFMAN MCCANN P.C. Mayer Hoffman McCann P.C. is a National CPA Firm. The firm is independently owned and operated through its 270 shareholders. The firm is committed to equal opportunity and affirmative action employment. The firm began in Kansas City, Missouri in 1954. After years of steady growth the Finn expanded into a National Practice. Mayer Hoffman McCann P.C. currently operates from 35 offices throughout the United States and is licensed in all 50 States. Mayer Hoffman McCann P.C. is closely aligned with CB1Z (NYSE:CBZ). The 270 shareholders in 35 Mayer Hoffman McCann P.C. offices direct the resources of approximately 2,000 Accounting and Audit professionals who services the attest clients of Mayer Hoffman McCann P.C. The Western Region Office of Mayer Hoffman McCann P.C. work closely together in servicing clients and sharing professional resources among offices. Those offices locations are as follows: • Irvine California (Government services headquarters) • Irvine, California (SEC services headquarters) • Los Angeles, California • Bakersfield, California • Oxnard, California • San Diego, California • San Jose. California • Salt Lake City, Utah • Phoenix, Arizona • Denver, Colorado The Western Region offices have more than 550 professional accounting and audit personnel available to the 56 shareholders of Mayer Hoffman McCann P.C. in the ten Western Region offices. MHM plans to provide the audit services to the City of National City and the Community Development Commission of the City of National City from full-time staff located in our Irvine office. The Irvine office is the technical and practice unit designated within MHM for governmental expertise and training for MHM on a national level. A breakdown of the Irvine Office's governmental personnel by classification is as follows: Classification Shareholders Number of Employees 8 Managers 18 Seniors 10 Staff 10 Administrative support 6 Total personnel 52 Seven of the eight Shareholders in the Irvine office focus their efforts on Government auditing. Approximately 80% of all work performed out of the Irvine office is Government auditing. SECTION A, (CONTINUED) Computer and Special Equipment Capabilities Each audit team in our firm is assigned and utilizes a portable personal computer at the job site. We extensively use the computer in the conduct of our audit and in the preparation of the financial statements. Additionally, each of our audit Managers and Seniors are knowledgeable of controls surrounding the EDP environment and assessing the effectiveness of those controls within the audit of the local government. Mayer Hoffman McCann P.C. utilizes CaseWare, a paperless auditing software that organizes audit documentation. We have the ability to accept audit documentation in either electronic or hard copy format. Quality Control Mayer Hoffman McCann P.C. is a National CPA Firm and ranked among the top 10 Accounting Service Providers in the country. MIIM adheres to the strict quality control measures and high professional standards of the Public Company Accounting Oversight Board (PCAOB), the American Institute of Certified Public Accountants (AICPA), and the California State Board of Accountancy (as well as other states when applicable). Our Firrn is a member of the AICPA's Center for Public Company's Audit firms, Employee Benefit Plan Audit Quality Center, Governmental Audit Quality Center and the AICPA's Private Company Practice Section (PCPS). As a member of the Private Companies Practice Section and PCAOB our audit procedures and working papers are regularly examined by another CPA firm in the firm -on -firm peer review program. The most recent Peer Review performed did cover the governmental auditing practice of this office. In addition, all aspects of the firm's quality control practices have been reviewed, including the firm's commitment to extensive training programs. In every member firm, each member of the professional staff must enroll in continuous professional education courses. Each is required to take at least 120 hours of classes over a three-year period. Courses cover a wide spectrum of professional and technical subjects, and include Fraud Auditing, Professional Ethics and Governmental Accounting and Auditing topics to help the practitioner maintain his/her professional expertise. A copy of Mayer Hoffman McCann P.C.'s most recent Quality Control Review report is included in this proposal. The following policies and procedures are evaluated during the peer review: 1. Independence, integrity and objectivity requirements of the AICPA and the Governmental Accounting Office (GAO), per the "Yellow Book", Government Auditing Standards; 2. Personnel management, including hiring practices, supervision of staff, training, advancement and Continuing Professional Education requirements; 3. Acceptance and continuance of clients and engagements (Management's Integrity); and 4. Engagement Performance (internal inspection and monitoring of the firms auditing and accounting practice). This means that when the City of National City and the Community Development Commission of the City of National City engages our firm to perform services for you, you will know that our firm has agreed to comply with the strict membership requirements of the section to which we belong and has agreed to have our compliance with those requirements reviewed by others. Thus, there is greater assurance that our personnel are adequately trained and up-to-date on professional developments relating to governmental as well as commercial auditing. Accordingly, membership in this Division provides additional assurance that our firm will comply with professional accounting and auditing standards. 2 SECTION A, (CONTINUED) The first step in our approach to assuring quality control is the preparation of standardized working papers that contain sufficient, competent, and relevant evidential matter as required by Government Auditing Standards. These working papers. being the permanent record of the work performed and methods followed, serve as the basis for the report. Therefore, we understand that these working papers must substantiate and explain in detail the opinions and findings included in the report. In addition, we have developed a standardized indexing system for all working papers that will be used by the engagement team. This provides a consistent, quality product that can be easily and thoroughly reviewed. Independent review of all working papers is an essential and constant element of our firm's attestation procedures and quality control program. Review is the means by which we ensure that each level and step of audit work is properly performed and completed. It also serves as a valuable training device for all levels of professional staff, since staff members are alerted to areas in which they need improvement, gain confidence in their own abilities in areas of the audit successfully completed without assistance, and benefit from the knowledge and experience of the reviewer. It is by this process that each member of our professional staff becomes a more knowledgeable auditor and a more valuable asset to our firm, while at the same time assuring that our firm's high standards of professional and diligent work are being met. The results of field audits and desk reviews by Government Agencies and other Regulatory Agencies of the audit work conducted by our California government audit practice indicate that our audit work substantially met the requirements of the auditing standards, except for one review conducted by the California State Controller with respect to Mayer Hoffman McCann P.C.'s financial statement audit that was performed for the City of Bell for the year ended June 30, 2009. We documented our disagreement with the conclusions of that review in our response to the State Controller's report. The firm's response to the State Controller's report can be found at http://www.mhm-pc.conr/cityofbell. As a result of this report, the California Board of Accountancy is following up on a referral from the State Controller with respect to our financial statement audit performed for the City of Bell in 2009. In response to the issues related to the City of Bell, MHM engaged an independent CPA firm (Carr, Riggs & Ingram, LLC) to evaluate the quality of the audit work performed by MHM with respect to its local government audit practice in California. Harold Monk served as the engagement partner for this review. Mr. Monk is a Certified Fraud Examiner and a nationally - known expert on government accounting and auditing standards. Mr. Monk recently served as the Chairman of the Auditing Standards Board for the American Institute of Certified Public Accountants (AICPA). He is a former member of the Board of Directors of the AICPA and served as chairman of the Private Companies Practice Section of the AICPA. In 2002 he was appointed to the U.S. Government Accountability Office's Advisory Committee on Auditing Standards by U.S. Comptroller General David Walker, where he continues to serve. On March 3, 2011, Carr, Riggs & Ingram, LLC issued its report. Carr, Riggs & Ingram, LLC concluded that the audit work performed by MHM with respect to its local government audit practice in California conformed to professional auditing standards and the firm's own system of quality control. This report has been included in the Appendix section of this proposal. SECTION A, (CONTINUED) Independence With respect to the City of National City and the Community Development Commission of the City of National City, Mayer Hoffman McCann P.C. meets the independence requirements of generally accepted accounting standards and the Governrnent Auditing Standards (2007 revision) published by the U.S. General Accounting Office. We are independent with respect to the City of National City and the Community Development Commission of the City of National City. No conflicts of interest exist relative to our firm performing the audit. License to Practice in California Mayer Hoffman McCann P.C. and all key personnel are licensed and in good standing with the California State Board of Accountancy to practice as independent certified public accountants. 4 SECTION B PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE The successful outcome of any audit requires personnel with the managerial and technical skills to perform the work required. The engagement team who will serve the City of National City and the Community Development Commission of the City of National City have served together as a team of professionals on numerous financial audit examinations of local government entities, including complex governmental agencies. We believe that efficient administrative management and supervision of the audits is an extremely critical factor in achieving the desired results for the City Council and Commissioners of the City of National City and the Community Development Commission of the City of National City. In that regard, we propose to establish the following procedures. Mr. Matthew Lenton, CPA, Engagement Shareholder, will be responsible for the coordination of the audit of the City of National City and the Community Development Commission of the City of National City and fulfillment of the requirements of the City Council and Commissioners. Mr. Lenton, as the Engagement Shareholder, will be in the field to plan and coordinate the management of the audit examination of the City of National City and the Community Development Commission of the City of National City. He will work closely with Finance Department staff and be responsible to the City Council and Commissioners. Mr. Lenton serves as a reviewer for the CSMFO award program for CAFR's and has been a speaker on matters pertaining to technical issues and new GASB pronouncements. Ms. Jennifer Farr, CPA will serve as Technical Review Shareholder. She has over 14 years of Local governmental auditing experience. Ms. Farr will act as a Technical and Consulting Shareholder to Mr. Lenton and the City's and CDC's Finance Department staff. As a second shareholder reviewer, she will perform quality control reviews of audit reports issued by our firm and will be involved in the audit planning of the audit, including the engagement team risk assessment, brainstorming meeting and planning meeting with Finance staff. Ms. Farr has been a speaker on matters pertaining to technical issues and new GASB pronouncements. Ms. Farr is also responsible for the firm -wide training for the Government Services Division of MHM in the area of local governmental accounting and auditi ng. Mr. Felix Inga, CPA, will serve as Engagement Manager of the audit of the City of National City and the Community Development Commission of the City of National City. He will work closely with Mr. Lepton, Shareholder and the Finance Department personnel. He will plan and review all audit work. Mr. Inga has 5 years of local government auditing experience, including performing as Engagement Manager on numerous city, redevelopment agency, special district and authority audits. Mr. Inga is also a presenter at the firm -wide training for the local governmental accounting and auditing area. Please refer to Biographies section for specific client experience for each audit team member. 5 SECTION B, (CONTINUED) TRAINING OF PARTNER, SUPERVISORY AND STAFF All individuals assigned to the City of National City and the Community Development Commission of the City of National City audit will have 40 hours of government specific CPE every year, which is in excess of the required 24 hours for audits of governmental agencies. All members of the engagement team are current on their CPE requirements. The following is a listing of continuing professional education for the past three years for the proposed engagement team: Attended by Dates CPE Class Fenton Farr Inca In -charge Staff Jan 2008 Risk assessment audit training X X X X Jan 2008 Internal controls and fraud protection X X X X Jan 2008 Accounting and auditing issues of nonprofits X X X X March 2008 CSMFO annual conference X X April 2008 Local government audit training I X X X X May 2008 2008 GASB update X X X X June 2008 MEM accounting & audit national conference X X July 2008 Local government audit training II X X X X Jan 2009 2009 Local government audit training 1 X X X X Fcb 2009 CSMFO annual conference X X May 2009 2009 GASB update X X X X July 2009 2009 Local government audit training II X X X X Jan 2010 Fraud training X X X X Jan 2010 Accounting and auditing issues of nonprofits X X X X Jan 2010 2010 Local government audit training 1 X X X X Feb 2010 CSMFO annual conference X X X June 2010 GASB Update X X X X July 2010 2010 Local government audit training II X X X X X Jan 2011 Accounting and audit update X X X X X 6 SECTION C OUR PRIOR EXPERIENCE AUDITING CALIFORNIA CITIES, REDEVELOPMENT AGENCIES, SPECIAL DISTRICTS ANI) OTHER LOCAL GOVERNMENTS Mayer Hoffman McCann P.C. has over thirty years of experience in the audits of local government units (all funds audit examinations of cities including single audits performed under OMB Circular A-133, financial and compliance audits of California Redevelopment Agencies, audit examinations of public housing authorities, joint powers authorities and special districts). Among the local government entities which the Irvine office of MHM has served during the past fiscal year are the following: All Funds Examinations of Los Angeles County City of Burbank*+ City of Beverly Hills+ City of Carson* City of Commerce*+ City of Compton City of Culver City *+ City of El Segundo+ City of Inglewood City of La Verne* Orange County City of Aliso Viejo+ City of Costa Mesa* + City of Fountain Valley*+ City of Laguna Beach City of -Laguna Woods City of Lake Forest*+ Riverside County City of Hemet* + City of Indian Wells* City of Indio* City of Moreno Valley* City of Rancho Mirage* San Diego County City of Carlsbad*+ City of Del Mar+ City of Escondido* City of National City* City of Santee* * = Includes audit of Redevelopment Agency + = Award CAFR California Cities (by County) 7 City of Palos Verdes Estates+ City of Pasadena*+ City of Rosemead*+ City of San Gabriel* City of Santa Monica*+ City of Temple City* City of Torrance*+ City of West Covina*+ City of Whittier=*+ City of Mission Viejo+ City of Newport Beach*+ City of Orange* City of Rancho Santa Margarita+ City of Seal Beach+ City of Villa Park San Bernardino County City of Highland*+ City of Redlands*+ City of Upland*+ City of Riverside*+ Other Counties City of Campbell*+ City of Gilroy City of Hayward*+ City of San Bruno*+ City. of Solana Beach* SECTION C, (CONTINUED) Audits of Special Districts (by County) MIIM provides annual financial audit services to the following California special districts: Orange County California Joint Powers Insurance Authority Irvine Ranch Water District Moulton Niguel Water District Orange County Fire Authority Riverside County Beaumont Cherry Valley Water District Coachella Valley Association of Governments Coachella Valley Mosquito and Vector Control District Coachella Valley Recreation and Parks District Coachella Valley Water District San Bernardino County Big Bear Area Regional Wastewater Agency Big Bear Community Services District Bighorn Desert Water Agency Chino Basin Desalter Chino Bain Watermaster Inland Empire Utilities Agency Los Angeles County San Gabriel Valley Mosquito District Southern California Association of Governments Southern California Regional Rail Authority West Basin Municipal Water District 8 Orange County Sanitation District Orange County Transportation Authority Santa Margarita Water District South Coast Water District Eastern Municipal Water District Elsinore Valley Municipal Water District Riverside County Flood Control and Water Conservation Salton Sea Authority Cucamonga Valley Water District Lake Arrowhead Community Services District Mojave Water Agency Municipal Water Department of the City of San Bernardino Omnitrans San Diego County Rancho California Water District San Diego Unified Port District Vista Irrigation District SECTION C, (CONTINUED) Experience Performing Audits Under the Federal Single Audit Act. The Single Audit Act of 1984 requires that Government Auditing Standards be followed in audits of state and local governments which receive federal financial assistance. Other federal policies and regulations, such as OMB Circular A-133, require that Government Auditing Standards be followed in audits of institutions of higher education and other nonprofits organizations that receive federal financial assistance. We have extensive experience performing audits in accordance with Government Auditing Standards. The Irvine office of MHM has performed more than 1,500 Single Audits under OMB Circular A- 133 since the issuance of the Circular. Below is a listing of the more significant Single Audits that the Irvine office of Mayer Hoffman McCann P.C. performed over the last two years: Audited Entity Public Housing Authority: 1. Housing Authority of the City of Los Angeles, California 2. City of Oxnard Housing Authority. California 3. Housing Authority of the County of Ventura. California 4. Imperial Valley Housing Authority, California Local Governments: 5. City of Burbank, California 6. City of Culver City, California 7. City of Escondido, California 8. City of Hayward, California 9. City of Laguna Beach, California 10. City of National City, California 11. City of Pasadena, California 12. City of Riverside, California 13. City of Rosemead, California Annual Federal Audit Periods Expenditures 12/31/08, 12/31/09 6/30/09, 6/30/10 6/30/09, 6/30/10 6/30/09, 6/30/10 6/30/09, 6/30/10 6/30/09, 6/30/10 6/30/09 6/30/09, 6/30/10 6/30/09, 6/30/10 6/30/09. 6/30/10 6/30/09. 6/30/10 6/30/09, 6/30/10 6/30/09, 6/30/10 9 > $500 million $10 million < $25 million $2.5 million < $50 million $10 million < $25 million $10 million < $25 million $5 million < $10 million $5 million < $10 million $10 million < $25 million $5 million <$10 million $10 million < $25 million $25 million < $50 million $25 million < $50 million $5 million < $10 million SECTION C, (CONTINUED) 14. City of Santa Monica, California 6/30/09, 6/30/10 $25 million < $50 million 15. City of Torrance, California 6/30/09, 6/30/10 $5 million < $10 million Public Transit Authority: 16. Antelope Valley Transit Authority 6/30/09 $5 million < $10 million 17. Omnitrans 6/30/09, 6/30/10 $5 million < $10 million 18. Orange County Transit Authority 6/30/08, 6/30/10 $75 million <$100 million (OCTA) 19. Ventura County Transit 6/30/09 $5 million < $10 million Commission Non -Profit Entities: 20. National Childhood Cancer 2/28/09, 2/29/10 $25 million < $50 million Foundation The Irvine office of MHM also performed Single Audits during the periods listed above for approximately 40 other entities that had annual Federal expenditures of less than $5 million. CAFR Award Program The Irvine Office of MHM has a proven track record in assisting cities in the upgrading of their financial reporting. A number of our clients have received the "Certificate of Achievement for Excellence in Financial Reporting" issued by the Government Finance Officers Association (GFOA) or the "Certificate of Award for Outstanding Financial Reporting" issued by the California Society of Municipal Finance Officers (CSMFO). Those Cities are identified at the beginning of this section. In addition, both Mr. Lenton and Ms. Farr and several of our engagement managers had previously served as technical reviewers in the CSMFO award program. Ability to Rotate Partners, Managers or Supervisors, if Desired by City Should the City of National City and the Community Development Commission of the City of National City desire to rotate the Engagement Partner, or any other member of the engagement team, we have the capacity to fulfill that request. Of the shareholders in our Irvine Office, five have extensive local government experience. Also, of the 18 Managers in the Irvine Office, nine have extensive local government experience. Rotating audit team members would not be an issue. 10 SECTION C, (CONTINUED) Expertise and Assistance Regarding the Implementation of GASB Statement 54 We have extensive experience with respect to the implementation of GASB Statement No. 54. We have already implemented it for a number of our clients. For the past two years, we have provided training regarding this new standard at our annual GASB Update. Last year, for every client, we analyzed their fund structure and made recommendations with respect to how this new pronouncement will affect the client's fund structure and actions that should be taken to get ready for the implementation of this new standard. In our GASB Update this year and during the planning phase of each audit, we will go over new implementation guidance that was just released by the GASB regarding this year's implementation. Professional Activities Mayer Hoffman McCann P.C. a member of the following AICPA Audit Quality Centers: Center for Audit Quality (CAQ) Employee Benefit Plan Audit Quality Center Governmental Audit Quality Center MHM is also a member of the Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO). 11 SECTION D CAPABILITIES IN GENERAL CONSULTING AND COMPLIANCE AUDITING In addition to our annual auditing services, we have assisted our clients by performing both attest services and various management advisory and other accounting services, including: • Audits of transient occupancy taxes • Reviews of cash receipting and water billing systems • Special fraud audits • Audits of waste management contracts • Other gross receipts audits (cable television franchise fees, excavation tax, etc.) • Contractual agreement compliance audits • Review ofcentral purchasing systems • Review of warehouse controls and inventory systems • Reviews of cash controls in parks and recreation departments • Review of investment policies and investment compliance • Special EDP reviews • Review of permitting process within city building departments • Analysis of investment yields • Assistance in presentations to city councils • Assistance in setting up special accounting systems for redevelopment agencies • Assistance to Bond underwriters in providing "comfort letters" on debt issues of municipalities • Consultations regarding the maximizing of tax increment revenue for redevelopment agencies • Organizational review of finance departments • Tax advice regarding deferred compensation, employee benefits, use of city vehicles, etc. • Preparation of State Controller's Reports • Preparation of California Street Report • Assistance in cash reconciliation problems • Determination of the cost of excess sewer capacity for a developer/city contractual arrangement • Assistance in the selection of qualified finance personnel for employment by the City • Assistance in computation of Proposition 111 Gann Limitations • Management reviews of finance and Finance Director's office 12 SECTION E REFERENCES OF LOCAL GOVERNMENT CLIENTS For your convenience, we have listed below references with regard to audit work currently being performed by Mayer Hoffman McCann P.C. for several local governments in Southern California. For each of the references, we currently serve as independent auditors for the year ended June 30, 2010 and have served these cities for a number of years. Name of Client City of Costa Mesa City of Fountain Valley City of Beverly Hills City of Highland Dates Engagement Scope of Work Performed Partner Annual Audit 2000-2010 Al -Imam & Single Audit Annual Audit 2009-2010 Farr & Single Audit Annual Audit 2007-2010 Lenton & Single Audit Annual Audit 1998-2010 Lenton & Single Audit 13 CAFR Total Award Hours Program Principal Client Contact 500 GFOA Colleen O'Donoghuc Asst. Finance Director (714) 754-5219 500 GFOA Sherri Holman Finance Director (714) 593-4418 500 GFOA Scott Miller Admin Services Director (310)285-2411 400 GFOA Chuck Dantuono Admin Services Director (909) 864-6861 SECTION F OUR FIRM's UNDERSTANDING OF THE OBJECTIVES AND SCOPE Our understanding of the objectives and scope of the work to be performed is based upon your request for proposal. Based upon the foregoing we understand the objectives and scope of work to be as follows: 1. We will perform an audit examination of the governmental activities, business type activities, each major fund and the aggregate remaining fund information of the City of National City for the fiscal year ending June 30, 2011. Our examinations will be conducted in accordance with auditing standards generally accepted in the United States of America, Government Auditing Standards as set forth by the GAO, and the requirements of the American Institute of Certified Public Accountants' Industry audit Guide entitled "Audits of State and Local Governmental Units." MHM will draft and word process the Comprehensive Annual Financial Report (CAFR) of the City of National City. We will review the report for conformity with the reporting standards set forth by GFOA and CSMFO for their CAFR award programs. The Auditors will provide their auditors' report thereon. We will conform to the time line set forth by the City. We will apply to management's discussion and analysis those procedures required by the auditing standards to be applied to required supplementary information (understanding the method of preparation, the source and basis for the information presented, comparing for consistency to the audited data pertaining to the City, and ascertaining that the management's discussion and analysis contains all of the information required by GASB Statement No. 34 and does not contain information prohibited to be presented in the management's discussion and analysis). 2. We will perform a Single Audit of the City of National City in accordance with the Single Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133 entitled Audits of States, Local Governments, and Non -Profits Organizations. Our single audit will cover all federal grants received by the City and its component units either as a primary or secondary recipient for fiscal year ended June 30. 2011. The City will provide to the Auditors the Schedule of Federal Financial Assistance encompassing all direct and pass -through federal funds received by the City and component units. We will render our reports on the single audit in accordance with the single audit requirements as described in Section G of this proposal. 3. We will perform a financial and compliance audit of the Community Development Commission of the City of National City for the fiscal year ending June 30, 2011. Our compliance procedures will meet the State Controller's guidelines for compliance audits of the redevelopment agencies. We will issue our separate auditors' reports on the Community Development Commission. MHM will draft and word process the financial statements of the Commission. We will issue our report on compliance (including the provisions contained in the guidelines for compliance audits of redevelopment agencies) and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. 4. We will perform agreed -upon audit procedures to test and report on the City's Gann Limit for the fiscal year ending June 30, 2011. 14 SECTION F, (CONTINUED) 5. We will provide the Audit Committee Communications required by the auditing standards: the auditor's responsibility under generally accepted auditing standards, significant accounting policies, management judgment and accounting estimates, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, management consultation with other accountants, major issues discussed with management prior to retention, difficulties encountered in performing the audit, and errors, irregularities, and illegal acts detected in the course of the audit. 6. We will immediately report in writing any irregularities or illegal acts that come to our attention to the City Council, City Attorney, and the City Manager as required by the auditing standards. 7. For each year of our engagement, we will prepare a letter to the City Council reporting matters dealing with internal control that meet the threshold of being reportable conditions, as defined by professional auditing standards. 8. We will prepare a management letter that will provide other recommendations to the City ensuing from our review of the City's internal control procedures. This letter will address nonreportable conditions (those constructive comments not required to be included in the letter of reportable conditions to City Council or in the single audit report). We will discuss those comments with the City Manager and Finance Director as appropriate prior to its finalization. 9. Mayer Hoffman McCann P.C. desires to keep its local government clients abreast of new developments affecting local government finance. We will advise City staff of new accounting developments during the interim/planning stage of each year's audit. We will also provide formal client training to our clients in our Annual GASB Update that we provide for our clients in May of each year to provide valuable information concerning new governmental accounting pronouncements (including training with respect to new requirements for fund balances). 10. Finally, we perceive the scope of our work as being advisors to the City of National City. Throughout the year, City personnel will have access to the Engagement Shareholder, Matthew Fenton, Technical Review Shareholder, Jennifer Farr, and Engagement Manager, Felix Inga, to seek advice in the application of accounting principles, financial statement preparation and content and other matters relating to the City, including matters of taxation and policy relating to City fringe benefits. We are independent with respect to the City of National City and the Community Development Commission of the City of National City and related entities. Mayer Hoffman McCann P.C. meets the independence requirements of generally accepted accounting standards and the Government Auditing Standards published by the U.S. General Accounting Office. Our firm has never had a record of substandard audit work. The Irvine Office of MHM does not intend to use subcontractors for this engagement. No conflicts of interest exist relative to our firm performing the audit. 15 SECTION G APPROACH, TIMING AND WORK PROGRAM The audit approach of Mayer Hoffman McCann P.C. is unique with regard to the following: • Our firm is sensitive to the priorities and work requirements of our clients. We work around the schedules of our clients when scheduling segments of the audit or requesting documentation in order to minimize disruption in the Finance Department. • Whenever possible, we use accounting support already prepared by the Finance Department in order to avoid duplication or unnecessary requests for audit supporting schedules. • Because of our firm's expertise in local governmental auditing, our staff are trained and familiar with local government accounting. You will spend no time in training our personnel. • When formulating internal control recommendations, we obtain a thorough understanding of the specific circumstances at the City and CDC in order to provide a tailored, practical recommendation. • Throughout the year we are a resource to our clients in providing accounting advice, researching technical questions, dealing with tax problems, and helping with other problems as they arise. BENEFITS OF MIIM AUDIT SOFTWARE Mayer Hoffman McCann P.C. utilizes Caseware audit software for the electronic organization of workpapers. We have the ability to accept audit documentation in either hard copy or electronic format. Caseware allows us the ability to import trial balances that can be provided in either excel or a text document. Some of the benefits of using Caseware trial balance software are as follows: • We can create our own Lead sheets (for example, a schedule Due to/Due from other funds). This limits the amount of time City and CDC staff spends creating audit schedules. • We can Zink CAFR schedules directly to the Caseware trial balances. As a result, we can provide the City and the CDC with fund financial statements almost immediately after receiving the trial balance from the City and CDC. Additionally, journal entries are easy to post to the CAFR schedules and the risk of data entry error is minimized. • We can provide the City and CDC with reports showing the coding of the CAFR schedules for ease of review by City and CDC staff. These reports show each account coded to a specific CAFR line item as well as journal entries that are posted during the audit. • Our software automatically generates analytical review reports by account number for ease of analyzing significant fluxuations between fiscal years. • Creating color PDF's of final reports is a seamless process for our audit staff. 16 SECTION G, (CONTINUED) INTERNAL CONTROLS AND MANAGEMENT LETTER COMMENTS During the interim audit for each year, we plan to evaluate internal controls over the following primary transaction areas: • Cash Receipting at City Hall locations • Investment Management • Infrastructure and Capitalization of Assets • Purchasing • Accounts Payable and Cash Disbursements Cycle • Payroll Cycle/Human Resources • Federal Grant Management • Information Systems • Debt compliance monitoring procedures • Internal service fund allocations and overhead cost reimbursements If specific risks are identified by City Finance Staff, the City Manager, and/or City Council, or as deemed necessary based on our MHM's engagement team risk assessment and brainstorming meeting, we may also evaluate additional internal control areas. Some examples of additional areas we may review are as follows: • Cash receipting at offsite Locations: o Parks and recreation locations o Police department o Parking o Library o Senior center o Community center o Other offsite locations • Petty cash • Credit card or Purchasing cards • Administration of loan programs There are three categories of internal control recommendations. We work carefully with City and CDC staff to ensure our classification of indentified weaknesses is correct. The categories are as follows: Control deficiency -- these are minor internal control weaknesses that can be communicated either verbally to City Finance management or in writing, if preferred. Significant deficiency — these internal control weaknesses must be communicated in writing. Material weakness — these internal control weaknesses must be communicated in writing. When formulating internal control recommendations, we obtain a thorough understanding of the specific circumstances at your City and CDC in order to provide a tailored. practical recommendation. We understand that there is commonly more than one acceptable way to correct an internal control weakness. We work with City state to ensure the recommendation is practical to implement. 17 SECTION G, (CONTINUED) AUDIT PLANNING PROCEDURES Following our appointment as auditors of the City and CDC, Mr. Lenton, Engagement Shareholder, Ms. Jennifer Farr, Engagement Technical Review Shareholder, and Mr. Felix Inga, Engagement Manager will meet with the Finance Director and other key Finance Department staff for the purpose of planning the audit of the City and CDC. Mr. Lenton will also communicate with City Council/Audit Committee during the planning stages of the audit in accordance with SAS l 14. In addition to establishing an effective and efficient communication link with City and CDC personnel, the following will be accomplished: Dates for audit field work of the various audit examinations will be finalized. - Arrangements will be made with City and CDC personnel for the typing of confirmation requests. We will determine a materiality level for the financial statements taken as a whole for the purpose of: a) Determining the extent and nature of risk assessment procedures b) Identifying and assessing the risks of material misstatement c) Determining the nature, timing, and extent of further audit procedures; and d) Evaluating whether the financial statements are presented fairly in conformity with generally accepted accounting principles - We will perform a risk assessment of the City of National City and the Community Development Commission of the City of National City to comply with the newly issued suite of auditing standards. Our risk assessment will include the following: Understanding the City of National City and Community Development Commission of the City of National City and Its Environment We will gather information about the City of National City and the Community Development Commission of the City of National City and each of its related entities. This will include prior audit reports and current year budgets. Our understanding will include: • External Factors - affecting the City. CDC and its related entities including the State and Federal regulatory environment and environmental requirements that affect the City, CDC, and other related entities. • Nature of City of National City Community Development Commission of the City of National City - its operations, governance, types of investments it makes and plans to make, bonded indebtedness it has or plans to finance. • Strategies and Business Risks - which may result in material misstatement of the financial statements as a whole, or individual assertions • Measurement and Review of Financial Performance - we will determine with management those indictors which City and CDC management believes to be important. 18 SECTION G, (CONTINUED) • internal Controls - which consists of five components (as identified by SAS #109) a. The Control Environment b. Risk Assessment c. Information and Communication d. Control Activities and e. Monitoring We will focus on the following accounting cycles of the City and CDC: • Cash Receipting at City Hall locations; • Investment Management; • Infrastructure and Capitalization of Assets; • Purchasing; • Accounts Payable and Cash Disbursements Cycle; • Payroll Cycle/Human Resources; • Federal Grant Management; • Information Systems ; • Debt compliance monitoring procedures; and • Internal service fund allocations and overhead cost reimbursements These components may operate at the entity level or the component unit business process activity level. Obtaining an appropriate understanding of internal control will require MHM Auditors to understand and evaluate the design of all five components of internal control and determine whether the controls are in use of the City of National City and the Community Development Commission of the City of National City and its related entities. Performing Risk Assessment and Other Procedures The audit procedures MHM will perform to obtain an understanding of the City of National City and the Community Development Commission of the City of National City and its internal control are referred to as risk assessment procedures. MHM will use the information we obtain by performing risk assessment procedures to support our assessments of the risks of material misstatement. Our risk assessment procedures will include: • Inquiries of management • Analytical procedures • Observation • Inspection of documents Assessing Versus Testing Controls If we have assessed controls as effective based upon our review of their design and an observation that they have been implemented (that is placed in operation) based solely on that assessment. MHM would not necessarily have an adequate basis for considering that control risk if low (or event moderate). As part of our audit strategy MHM would consider further evidence of the effective operation of controls through sufficient tests of controls to reach that conclusion. Financial Statement Level and the Assertion Level Risks MHM will identify and assess the risks of material misstatement at both the financial statement level and relevant assertion level (Reference SAS #109) 19 SECTION G, (CONTINUED) Responding to Assessed Risks The risk assessment process culminates with MHM's articulation of the account balances, classes of transactions or disclosures where material misstatements are most likely to occur given the unique circumstances of the City of National City and the Community Development Commission of the City of National City. This assessment of the risk of misstatement, which relates identified risks to what can go wrong at the assertion level, provides a basis for designing and performing further audit procedures Further audit procedures are defined as tests of controls and substantive tests. Often a combined approach using both tests of controls and substantive procedures (SAS #110) is an effective approach. Identification and Communication of Internal Control Matters The objective of our audit is to form an opinion on the City of National City and the Community Development Commission of the City of National City's financial statements taken as a whole. Our objective is not to identify deficiencies in internal; however when control deficiencies are identified in the course of our audit and if they constitute significant deficiencies or material weaknesses, we will communicate in writing those deficiencies to management and the City Council or Commission of the City of National City and the Community Development Commission of the City of National City. This communication will be in the form stipulated by Statement on Auditing Standards No.115. INTERIM AUDIT PROCEDURES In conjunction with our planning of the engagement, we will perform our interim audit work which will be conducted starting in May 2011. Additional procedures that will be accomplished during our interim audit procedures include the following: 1. Meet with finance staff to inform them of new accounting or auditing standards that will impact the year end close. 2. Reviewing of minutes of the City Council and Community Development Commission 3. Following up on unusual items noted from analytical procedures. (We will perform significant comparison and inquiry regarding fluctuations of revenues and expenditures by fund budgets versus actual). 4. Reviewing the City's and CDC's investments and procedures and performing tests of investment compliance. 5. Reviewing of important contracts, debt issues, leases and joint power agreements. 6. Performing testing of cash disbursements to determine adherence to policies and internal controls. 7. Reviewing the City's appropriations limit calculation worksheets to ensure the limit was computed in accordance with Proposition 111, Article XIIIB. 8. Performing required compliance and internal control testing relating to the federal grant programs of the City and CDC. 9. Providing the City and CDC with suggestions regarding the close of the City's and CDC's books after year end. Our assistance and communication in the closing, of the City's and CDC's books is expected to minimize the number of audit adjustments required after the close of the City's and CDCs books. 20 SECTION G, (CONTINUED) YEAR-END SUBSTANTIVE PROCEDURES In mid October ( or after the final closing of the hooks and preparation of final trial balances by City and CDC personnel for the year ended June 30), we will commence performing our year- end substantive audit. Our final examination will include tests which we deem necessary, including: 1. Confirmation of cash and investment balances. 2. Testing of bank reconciliations. 3. Testing of GASB 40 investment disclosures. 4. Testing of allocations of interest income to the various funds. 5. Examination of support and subsequent receipt (if any) of significant receivable balances. 6. Analytical review of receivable balances 7. Testing of interfund borrowings. 8. Examination of interfund transfers and testing of transfers out of restricted funds. 9. Performing a search for unrecorded liabilities. 10. Testing of significant accrued liability accounts. 11. Testing of long term debt balances and debt covenants. 12. External verifications of bond compliance through the Electronic Municipal Market Access (EMMA) database. 13. Analytical review of interest expense. 14. Consideration of support for compensated absences. 15. Examination of the valuation of claims and judgments. 16. Testing of additions and deletions to capital assets, including infrastructure. 17. Analysis of construction in process balances. 18. Testing of support for other significant assets and liabilities of the City and CDC. 19. Testing for the proper establishment of reserves and designations. 20. Review of significant events after year end (through the completion of our audit). 21. Review of attorney letters for significant legal matters affecting the City's and CDC's financial position. 22. Testing of revenues and expenditures and lesser significant asset and liability balances through analytical procedures and other substantive procedures as necessary. 23. In cases where there are sensitive public policy -issues, we modify planning materiality in those areas to perform more extensive auditing procedures. 21 SECTION G, (CONTINUED) The aforementioned tests are only a few of the tests performed during the examination and by no means is it meant to be all inclusive. At the completion of the audits each year, Mr. Lepton and Mr. Inga will meet with the City Manager and Finance Director to review our audit findings and any adjusting journal entries. IMPLEMENTATION OF NEW ACCOUNTING STANDARDS Over the term of the contract, the City and CDC will be required to implement the following accounting standards. The impact and approach to implementing those standards are as follows: GASB Statement No. 54 — Fund Balance Reporting and Governmental Fund Type Definitions During the planning stage of the audit for the year ended June 30, 2011, we will evaluate the City's and CDC's current fund structure and make recommendations for compliance with the new GASB. We will inform the City and CDC of their options and rely on management to determine which changes will be made to either the internal or external reporting of fund balances and fund types. GASB Statement No. 57 — OPEB Measurements by Agent Employers and Agent Multiple - Employer Plans During the planning stage of the audit for the year ended June 30, 2011, we will evaluate the implications of this new standard on the City's OPEB accounting. GASB Statement No. 58 — Accounting and Financial Reporting for Chapter 9 Bankruptcies We do not believe this standard will have any impact on the City or CDC. GASB Statement No. 59 — Financial Instruments Omnibus For the year ended June 30, 2011, we will ensure the City and CDC has proper disclosures related to certain financial instruments and external investment pools. GASB Statement No. 60 — Accounting and Financial Reporting for Service Concession Arrangements For the year ended June 30, 2011, we will evaluate whether or not the City or CDC has any service concession arrangements applicable to this standard. GASB Statement No. 61 — The Financial Reporting Entity For the year ended June 30, 2013, we will evaluate the City's and CDC's potential component units to determine if they should be included in the City's or CDC's reporting entity. GASB Statement No. 62 — Codification of Accounting and Financial Reporting Guidance Contained in Pre -November 30, 1989 FASB and AJCPA Pronouncements For the year ended June 30, 2013, we will review the applicability of this standard to the City's and CDC's enterprise funds. 22 SECTION G, (CONTINUEI)) Data Processing Experience and Capabilities Each audit team in our firm is assigned and utilizes a portable personal computer at the job site. We extensively use the computer in the conduct of our audit and in the preparation of the financial statements. Additionally, each of our audit Seniors are knowledgeable of controls surrounding the EDP environment and assessing the effectiveness of those controls within the audit of the local government. Mayer Hoffman McCann P.C. utilizes CaseWare, a paperless auditing software that organizes audit documentation. We have the ability to accept audit documentation in either electronic or hard copy format. Audit Sampling In accordance with SAS No. 111, Audit Sampling, we will consider the tolerable misstatement and the expected misstatement, the audit risk, the characteristics of the population, the assessed risk of material misstatement, and the assessed risk for other substantive procedures when determining the number of items to be selected in a sample. Analytical Procedures to Improve Understanding of Client Analytical procedures may be used in both general planning and audit program planning. SAS No. 56 describes the two broad uses of analytical procedures in audit planning as follows. • Enhancing the auditor's understanding of the client's business and the transactions and events that have occurred since the last audit date; and • Identifying areas that may represent specific risks relevant to the audit. Comparisons of account balances between accounting periods and ratio and trend analysis usually improve the auditor's understanding of the client and its operations and may identify critical audit areas, e.g., comparing general and special revenue fund expenditures by functions and revenue by source for the past two years provides an understanding of the governmental unit's operations and may identify a revenue source that requires increased attention in the current audit. Consideration of Laws and Regulations Our audit approach recognizes the importance of laws and regulations in planning the audit of a local governmental entity. As a part of the audit, our firm obtains an understanding of those laws and regulations that have a direct and material effect on the determination of financial statement amounts. We then design the audit to provide reasonable assurance of detecting material instances of noncompliance that will have a direct and material effect on the determination of financial statement amounts. SECTION G, (CONTINUED) OMB A-133 SINGLE AUDIT PROCEDURES As a part of our Single Audit for the years in which the entity expends greater than $500,000 in federal funding, we would supplement our approach with the following procedures in performing the single audit. I. Re -review all pertinent federal and AICPA publications including: The Single Audit Act Amendments of 1996 (Public Law 104-156) signed into law on July 5, 1996 and effective for the fiscal years ending on or after June 30, 1997. This law amends the Single Audit Act of 1984 (Public Law 98-502) previously applicable to local governments; OMB Circular A-1 33 entitled Audits of States, Local Governments, and Non -Profit Organizations; • GAO Government Auditing Standards (Yellow Book). 2007 revision; • AICPA Audit and Accounting Guide Audits of State and Local Government Units and Statement of Position 98-3, Audits of States, Local Governments, and Not -for -Profit Organizations Receiving Federal Awards; • SAS No. 74, Compliance Auditing Considerations in Audits of Governmental Entities and Other Recipients of Federal Financial Assistance; • Revised Compliance Supplement for Single Audits of State and Local Governments; • Catalog of Domestic Assistance Programs; • OMB Circular A-87: and • OMB Circular A-102. Identify the federal programs administered by the City of National City and the Community Development Commission of the City of National City and the amounts expended during the audit period. Apply the risk -based auditing approach mandated by the Single Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133 entitled Audits of States, Local Governments, and Non -Profits Organizations for the determination of major programs to be selected under the single audit process. As prescribed by the directives of the new single audit requirements, this will involve a consideration of the complexity of the program, prior audit findings, changes in personnel, the competency of personnel, the extent to which sub -recipients are used, the extent of overview and monitoring by granting agencies, the extent of recent changes in program requirements, the newness of the program, the size of the program, and the inherent risk of the program. 4. Identify the oversight audit agency. 5. Identify and list the major compliance supplements and sub recipients of the City and CDC, if any. 6. Review the administrative control systems to ensure compliance. Execute the sampling plan. 24 SECTION G, (CONTINUED) 8. Perform audit procedures for the selected transactions. 9. Test compliance with the applicable 14 compliance areas. 10. Test matching requirements, if any. 1. Test indirect costs, if any. 12. Review reports and claims for advances and reimbursements to the federal government. 13. Review processing of audit reports for state and local government sub recipients. 14. Prepare the independent auditors' reports required by OMB Circular A-133. 15. Prepare the electronic submission of the data collection form required to be filed with the Single Audit Central Clearinghouse. Assistance from City Staff Normal cooperation and assistance from City and CDC staff is expected by the auditors including typing of confirmation requests, and normal year-end PBC ("prepared by client") schedule preparation (i.e., lead schedules, bank reconciliations, subsidiary support, and other schedules showing the composition of the year end balances of significant assets and liabilities of the City and CDC). We normally use whatever year end supporting schedules the Finance Department is accustomed to preparing for year end. We are extremely flexible in this regard. We would also expect reasonable assistance from City and CDC staff in reproducing permanent files or other documents and refiling requested documentation during the audit examination. Segmentation of the Audit The following is our estimate of the hours by professional staff classification required for the audit and single audit: Professional Hours and Segmentation of Audit Interim Final 'I'otal Percentage Shareholders 20 48 68 10%r Engagement Manager 24 102 126 19% Field Manager/In-Charge 68 188 252 39%r, Staff Auditors 68 140 204 31% Total 172 478 650 100% 25 SECTION H OUR FEES AND HOURLY RATES The following is a summary of the estimated hours and fees associated with conducting the audit of the City of National City. Description of Services 2011 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, and SAS #1 14 Communication $32,500 2. Financial and Compliance Audit of the CDC including Kimball Towers 8,000 3. Separate HUD Required A-133 Single Audit of Morgan Towers 7.500 4. GANN Limit Review Procedures 800 5. Citywide A-133 Single Audit of Federal Grants allocable to a. Housing Choice 4,500 b. Other major programs as needed (considers testing of 2 major programs) 4,000 6. REAC electronic Submission to HUD and related attestations 1.250 $58.550 We will progress bill the City for the above services as the engagement hours are expended. Final billing will be made upon delivery of the final audit reports. Any special projects, extra work, accounting assistance, or additional assignments will he performed at the standard hourly rates indicated in the accompanying fee schedules. Our fees contemplate conditions satisfactory for the performance of the audit, including the City providing at the start of the audit, trial balances reflecting all year end adjustments, necessary subsidiary schedules supporting asset and liability balances, all necessary reconciliations in agreement with general ledger balances, and customary supporting analyses and schedules. If assistance is needed in preparing year end journal entries or resolving reconciliation issues, we would perform the same at the hourly rates indicated in this cost proposal. If there are changes in the scope of the audit (additional redevelopment compliance requirements, or an elimination of redevelopment agencies based on State legislative actions, added enterprise activity, additional component units, new audit or accounting requirements, etc.), we would discuss these changes with the City Manager and Finance Director and the effect of these changes on the professional audit hours and costs of the engagement. Our fee for the single audit contemplates three major programs. A price adjustment of $2,500 will be made for each additional major program. 26 SECTION H, (CONTINUED) The following is a summary of hourly rates for services that may be required outside the scope of the audit for the 2011: Classification Hourly Rates Shareholders $195 Managers 175 Senior Auditors 135 Staff Auditors 115 The fees applicable to the City are as follows: Description of Services for City of National City 2011 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, and SAS #I 14 Communication 2. GANN Limit Review Procedures $32,500 800 3. Citywide A-133 Single Audit of Federal Grants (considers testing of 2 major programs, but excludes Section 8) 4,000 $37,300 Description of Services for National City CDC 2011 1. Financial and Compliance Audit of the CDC including Kimball Towers 8,000 2. Separate HUD Required A-133 Single Audit of Morgan Towers 7,5(X) 3. Citywide A-133 Single Audit of Federal Grants allocable to Housing Choice 4.500 4. REAC electronic Submission to HUD and related attestations 1.250 821.250 27 MATTHEW LENTON, CPA ENGAGEMENT SHAREHOLDER California CPA Certificate No. 97111, March 2007 ROLE ON PROJECT Mr. Lenton will serve as the Engagement Shareholder on this project. He will oversee the project to ensure all required deadlines are met, provide technical assistance to the audit teams, and review the final reports before they are released. Mr. Lenton is a Certified Public Accountant with 10 years experience in local government auditing. Mr. Lenton has been a speaker on matters pertaining to technical issues and new GASB pronouncements. PROFESSIONAL EXPERIENCE • 10 years - Mayer Hoffman McCann P.C. (formally Conrad and Associates, HP) PROFESSIONAL AFFILIATIONS • American Institute of Certified Public Accountants • California Society of Certified Public Accountants • California Society of Municipal Finance Officers EDUCATION • Bachelor of Science - Business Administration/Accounting (California State Polytechnic University, Pomona) AUDITS OF CALIFORNIA CITIES City of Beverly Hills City of Burbank City of Compton City of Highland City of Indian Wells City of Indio City of Inglewood City of Mission Viejo City of Newport Beach City of National City City of Rancho Santa Margarita City of Rancho Mirage City of Upland City of West Covina AUDITS OF SPECIAL DISTRICTS AND HOUSING AUTHORITY'S Desert Recreation District Hass Avocado Board Housing Authority of the City of Los Angeles Lake Arrowhead Community Services District AUDITS OF NONPROFIT ORGANIZATIONS National Childhood Cancer Foundation Beverly Hills Chamber of Commerce Newport Beach Chamber of Commerce Community Service Programs Moulton Niguel Water District San Gabriel Water Quality Authority South Montebello Irrigation District Shelter Partnership California Family Life Center Orange County Conservation Corps New Directions for Women JENNIFER FARR, CPA, MBA TECHNICAL. REVIEW SHAREHOLDER California CPA Certificate No. 76292, October 1998 ROLE ON PROJECT Ms. Farr will serve as the Technical Review Shareholder on the engagement. She will provide technical assistance to the audit team and review the final reports before they are released. Ms. Fan is a Certified Public Accountant with 13 years experience in local government auditing. Ms. Farr has been a speaker on matters pertaining to technical issues and new GASB pronouncements. Ms. Fan is also responsible for the firm -wide training for the Government Services Division of MHM in the area of local governmental accounting and auditing. PROFESSIONAL EXPERIENCE • 13 years - Mayer Hoffman McCann P.C. (formally Conrad and Associates, LIT) • 1 'h Years - Ronald Blue and Co. PROFESSIONAL AFFILIATIONS • American Institute of Certified Public Accountants • California Society of Certified Public Accountants • California Society of Municipal Finance Officers EDUCATION • Bachelor of Arts - Business Administration/Accounting (California State University, Fullerton) • Bachelor of Arts - English (California State University, Fullerton) • Masters of Business Administration (California State University. Fullerton) AUDITS OF CALIFORNIA CITIES City of Benicia City of Campbell City of Culver City City of Hayward City of Fountain Valley City of Orange City of Pasadena City of San Bruno City of Upland City of Whittier AUDITS OF SPECIAL DISTRICTS Inland Empire Utilities Agency Orange County Sanitation District Moulton Niguel Water District Southern California Assoc of Governments City of Burbank City of Commerce City of Half Moon Bay City of Indian Wells City of Mission Viejo City of Palm Springs City of Rosemead City of Santee City of Walnut Creek City of West Covina Irvine Ranch Water District Orange County Water District Vista Irrigation District Los Angeles Homeless Services Authority FELJZ INGA, CPA MANAGER California CPA Certificate No. 98276, August 2007 ROLE ON PROJECT Mr. Inga will serve as the Manager on the engagement. He will be responsible for the day to day audit field work and review of all audit documentation. Mr. Inga has been assigned responsibility for numerous audits and special assignments. This experience has encompassed financial and compliance audits of governmental and non-profit engagements, which have been performed in accordance with "Government Auditing Standards." Each of these audits has entailed a review of the entity's internal control and financial management system. PROFESSIONAL EXPERIENCE • 5 years - Mayer Hoffman McCann P.C. PROFESSIONAL AFFILIATIONS • American Institute of Certified Public Accountants • California Society of Certified Public Accountants EDUCATION • Bachelor of Arts - Business Economics/Accounting (University of California, Santa Barbara) AUDITS OF CALIFORNIA CITIES City of Carson City of Compton City of Fountain Valley City of Highland City of Lomita AUDITS OF SPECIAL DISTRICTS City of Laguna Beach City of La Quinta City of Rancho Mirage City of Riverside Inland Empire Utilities Agency West Basin Water District Vista Irrigation District California Joint Powers Insurance Authority Lake Arrowhead Community Services District Public Entity Risk Management Authority Elsinore Valley Municipal Water District Rancho California Water District Cucamonga Valley Water District CRI CAR R RIGGS & INGRAM CPAs and Advisors INDEPENDENT ACCOUNTANT'S REPORT To the Board of Directors of Mayer Hoffman McCann P.C. Carr. Riggs & Ingram. LLC 4010 N.W. 25th Place Gainesville, Flor cfa 32606 P.O. Box 13494 Gainesville, Florida 32604 (3521372-6300 (35213/5-15631fax) www.cricpa.com We have examined management's assertion regarding the California Municipal Audit Practice of Mayer Hoffman McCann P.C. that: "the system of quality control for the accounting and auditing practice applicable to municipal audits performed by the California offices of Mayer Hoffman McCann P.C. in effect for the year ended October 31, 2010, has been designed to meet the requirements of the quality control standards and requirements set forth in Government Auditing Standards, issued by the Comptroller General of the United States, referred to as generally accepted governmental auditing standards (GALAS); U.S. generally accepted auditing standards (GAAS); Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments and Non -Profit Organizations; and the California Business and Professional Code. The system of quality control was also complied with during the year ended October 31, 2010, to provide the firm with reasonable assurance of complying with the applicable professional standards" Mayer Hoffman McCann P.C.'s management is responsible for the assertion. Our responsibility is to express an opinion on the assertion based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence supporting management's assertion and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion; however, our examination does not provide a legal determination on compliance with the requirements of specified laws, regulations or rules. In our opinion, management's assertion referred to above is fairly stated, in all material respects, based on the criteria set forth above, Rjr Gainesville, Florida March 3, 2011 Carr, Riggs & Ingram, LLC Harold L. Monk, Jr., CPA, CFE Engagement Partner Experience Harold L. Monk, Jr. is a partner in the firm of Carr, Riggs & Ingram, LLC, in Gainesville, Florida. Born and raised in Gainesville, he graduated from the University of Florida in 1968 majoring in accounting_ He worked as an internal auditor for the University of Florida for one year before joining a large local firm in 1969. In 1977, Harold was a founding partner of Davis, Monk & Company which merged with CRI in 2010. Harold is a Certified Public Accountant licensed in Florida and is a Certified Fraud Examiner. Active professionally, Harold is the immediate past Chair of the Auditing Standards Board of the AICPA. He has served the Florida institute of Certified Public Accountants as a member of numerous committees, and as a member of the Board of Governors, and as a CPE Discussion Leader. Harold was recognized as an "Outstanding Seminar Leader" for seven years by the FICPA, and was recognized as one of the top twenty instructors nationally for numerous years by the American Institute of CPAs. Harold continues to be an active speaker throughout the country on accounting and auditing issues. He has also served as a technical investigating officer for the Florida State Board of Accountancy. For several years, he chaired the joint task force for the Auditor General's office and the Florida State Board of Accountancy responsible for reviewing governmental audits filed within the State. In 2002 US Comptroller General Davis Walker appointed him the Advisory Council for the GAO. Harold is the 2010 recipient of the AICPA's Gold Medal for Distinguished Service, the highest award the AICPA gives to a member. Numerous articles authored by Harold have been featured in state and national publications and he has authored or co-authored "Advanced Auditing for Partners and Managers" (AICPA), "Compliance Auditing" (AICPA), "Guide to Single Audits" (PPC), "Audits of Local Governments" (PPC), "Preparing Non Profit Financial Statements" (PPC), "Annual Accounting and Auditing Update" (PPC) and "Maximizing Single Audit Efficiency" (PPC). Education BSBA, Accounting, University of Florida Profession& Affiliations American Institute of Certified Public Accountants (AICPA) Florida Institute of Certified Public Accountants (FICPA) 1 of 2 Carr, Riggs & Ingram, LLC Continuing Professional Education FICPA State and Local Government Conferences (2010, 2009) Tennessee Accounting & Auditing Symposium (speaker) AICPA Government Accounting & Auditing Update (2010, 2009) CRI Governmental Update FICPA University of Florida Accounting Conference (speaker) Louisiana Accounting & Auditing Conference (speaker) 2 of 2 Carr, Rigs & Ingram, LLC Martha Garcia -Baker, CPA Engagement Partner Experience Martha Garcia -Baker is an Audit Partner in the Gainesville office of CRI. Martha graduated from the University of Florida in 1986 with a Master of Accounting and has successfully completed the Governmental Accounting Certificate of Educational Achievement Program awarded by the American Institute of Certified Public Accountants. Since joining Davis, Monk & Company, which merged with CRI in January of 2010, Martha has been primarily involved in all aspects of accounting, auditing and financial reporting of governmental entities. She is a member of the American institute of Certified Public Accountants, the Florida Institute of Certified Public Accountants, the Government Finance Officers Association, and the Florida Govemment Finance Officers Association. Martha has served on various committees of FICPA and is currently a member of the FICPA State and Local Government Committee. She is a past - president of the North Central Florida Chapter of the FICPA. Martha has, for the past twenty-two (22) years, supervised and performed numerous governmental audits including Alachua, Putnam, Dixie, Levy, Baker, Sumter, St. Johns and Gilchrist Counties. Her degree of involvement has been from staff to partner levels. She has also provided government consulting services to the Clay, Nassau, Putnam and Suwannee Counties. Martha has been active In providing assistance in the preparation of budgets, solid waste/full cost accounting disclosures and advance refundings. She has performed several agreed -upon procedures engagements regarding compliance issues related to governmental entities. Education BSBA, Accounting, University of Florida MA, Accounting, University of Florida Continuing Professional Education Update on Government Compliance Government Accounting & Auditing Update Single Audit Update Implementation of New Risk Assessment Standards Accounting & Auditing Update Professional Affiliations American Institute of Certified Public Accountants (AICPA) Florida Institute of Certified Public Accountants (FICPA) Florida Government Finance Officers Association (FGFOA) 1CRI Alan G. Nast., CPA Alan Nast has over 35 years of public, private and governmental accounting and auditing experience. He is also one of only three experts used by the Florida State Board of Accountancy to review governmental audit reports in consultation with the Auditor General's Office. Alan is past -president of the North Central Florida Chapter of the FICPA. He is also a Rotarian and a member of the Gainesville Area Chamber of Commerce. Alan currently serves on the FCPA's State and Local Government Committee. He is a former member of the FICPA's Government Standards Review Committee, the FGFOA's Technical Resources Committee and the AICPA's prestigious Governmental Accounting and Auditing Committee, where he was instrumental in helping to develop the AICPA's Audit and Accounting Guide, Audits of State and Local Governmental Units. Alan teaches accounting and auditing to other Certified Public Accountants throughout the State of Florida and the United States_ Of particular relevance is a course entitled "Auditing and Reporting on Local Governments in Florida," for which he was twice recognized as an "Outstanding Discussion Leader" by the Florida Institute of CPAs. He also has made numerous presentations related to governmental auditing and accounting issues. Alan has been with Davis, Monk & Company, which merged with CRI in 2010, for over 29 years. Education BSBA, Accounting, University of Florida Continuing Professional Education Update on Government Compliance Government Accounting & Auditing Update Single Audit Update Implementation of Paperless Audit Software Implementation of New Risk Assessment Standards Accounting & Auditing Update Professional Affiliations American Institute of Certified Public Accountants (AICPA) Florida Institute of Certified Public Accountants (FICPA) Governmental Finance Officers Association (GFOA) Florida Government Finance Officers Association (FGFOA) AICPA PEER REVIEW REPORT Davis. Kinard & Co.. P.C. September 26, 2008 To the Shareholders of Mauer Hoffman McCann P.C. and the Center for Public Company Audit Finns Peer Review Committee First Financial Bank Building 400 Pine Street, Suite 600 Abilene, Texas 79601-5138 Office (325) 672-4000 FAX (325) 672-7049 1-800-586-2525 We have reviewed the system of quality control for the accounting and auditing practice of Mayer Hoffman McCann P.C. (the firm) applicable to non -SEC issuers in effect for the year ended April 30, 2008. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that por- tion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firms organizational structure and the policies adopted and proce- dures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compli- ance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firms compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Finns and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessar- ily disclose all weaknesses in the system of quality control or all instances ()flack of compliance with it since it was based on selective tests. Because there arc inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compli- ance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Mayer Hoffman McCann P.C. in effect for the year ended April 30. 2008, has been designed to meet the requirements of the quality control standards for an accounting and auditing prac- tice established by the AICPA, and was complied with during the year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. As is customary in a system review. n+e have issued a letter under this date that sets forth comments relat- ing to certain policies and procedures or compliance with them. The matters in the letter were not con- sidered to be of sufficient significance to affect the opinion expressed in this report. DAVIS, KINARD & CO., R('. FOR MORE INFORMATION CONTACT: American Institute of Certified Public Accountants 220 Leigh Farm Road Durham, North Carolina 27707-8110 The P Never Underestimate The Value. Attachment to the Peer Review Report of Mayer Hoffman McCann P.C. Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Finns (the Center) Peer Review Program have their system of qual- ity control periodically revicwcd by independent peers. These reviews are system and compliance oriented with the objective of evaluating whether: 'Hie reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the finn's system of quality control for its accounting and auditing practice applicable to non -SIC issuers provides the fine with reasonable. but not absolute, assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to. and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the fine should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews work- ing closely with the peer review teams and the PRC. Once the PRC accepts the peer rcvicw reports. letters of comments, and reviewed trms' responses, they are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the firm agreeing to specific fol- low-up action requested by the PRC. Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice appli- cable to SEC issuers inspected by the PCAOB. Therefore. we did not review- the firms accounting and auditing practice applica- ble to SEC issuers. Planning the Review of the Firm'sAccounting and Auditing Practice Applicable to Non -SEC Issuers To plan the review of Mayer Hoffman McCann P.C., we obtained an understanding of (I) the nature and extent of the firm's accounting and auditing practice, and (2) the design of the finn's system of quality control sufficient to assess the inherent and control risks implicit in its practice. inherent risks were assessed by obtaining an understanding of the firm's practice. such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control, including its audit methodology, and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firms system of quality control in preventing the performance of engagements that do not comply with profes- sional standards. Performing the Review of the Firm's Accounting and Auditing Practice Applicable 10 Non -SEC Issuers Based on our assessment of the combined level of inherent and control risks. we identified practice units and selected engage- ments within those units to test for compliance with the firm's system of quality control. The engagements selected for review included engagements perfomted under Government Auditing Standards, audits of Employee Benefit Plans and audits of engage- ments subject to the Federal Deposit Insurance Corporation Improvement Act The engagements selected for review- represented a cross-section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examining working paper files and reports and interviewing engagement personnel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firms policies and procedures for the elements of quality control pertaining to independence. integrity. and objectivity: per- sonnel management: and acceptance and continuance of clients and engagements. Prior to concluding the review. we reassessed the adequacy of scope and conducted an exit conference with firm management to discuss our findings and recommendations. Davis, Kinard & Co., R.C. Certified Public Accountants September 26, 2008 To the Shareholders of Mayer Hoffman McCann P.C. First Financial Bank Building 400 Pine Street, Suite 600 Abilene, Texas 79601-5138 Office (325) 672-4000 FAX (325) 672-7049 1-800-588-2525 We have reviewed the system of quality control for the accounting and auditing practice of Mayer Hoffman McCann Y.C. (the firm) applicable to non -SEC issuers in effect for the year ended April 30, 2008, and have issued our report thereon dated September 26, 2008. The matters described below were not considered to be of sufficient significance to affect the opinion expressed in that report, which should be read in conjunction with this letter. Engagement Performance Comment — The firm's quality control policies and procedures require the engagement shareholder, among others, to review the firm's reports and engagement documentation for compliance with professional standards prior to report issuance. We noted instances where it was evident that a careful review was not performed. As a result, in several situations (1) the report issued did not contain all of the language required by professional standards and/or the circumstances, and (2) management representation letters were not appropriately tailored to the engagement. None of the deficiencies noted were of such significance, however, to require additional action by the firm. Recommendation -- We recommend the firm reemphasize to all professionals, particularly engagement shareholders, the importance of carefully reviewing the firm's reports and engagement documentation, as required by the firm's quality control policies and procedures, to ensure that the reports and documentation comply with professional standards. Further, we recommend this matter be given additional emphasis as a part of the firm's monitoring procedures. DAVIS, KINARD & CO., P.C. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 14 M TITLE: Donation of City surplus property (police patrol vehicle) to the Southwestern Community College Police Academy to assist academy recruits transition from the academy training environment to a law enforcement training program. PREPARED BY: Leslie Deese, Asst. City Manager PHONE: 336-4240 EXPLANATION: See Attached DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No cost to City; however, donating the vehicle versus selling at auction impacts potential revenue source of approximately $1,825. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the donation. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Report r from Southwestern College dated January 19, 2011 City of National City "Request for Donation Form" City Council Policy #115 — Donation of Surplus City Property and Police Department Unclaimed Personal Property Staff Report: The National City Police Department has received a request from the Southwestern Community College Police Academy for donation of a police patrol vehicle that is scheduled to be phased out of service. The surplus police vehicle being recommended for donation is vehicle number 345, a 1998 Ford Crown Victoria with approximately 107,277 miles with an estimated value of $1,825. The donated patrol vehicle would be used to provide a realistic training environment that will assist academy recruits transition from the academy training environment to a law enforcement -training program and would be for specific use by the Police Academy training mandates as prescribed by the Commission on Police Officer Standards and Training (POST). The City of National City and the National City Police Department would not incur any liability related to the vehicle's ownership, operation or use. The Southwestern Community College District, as the owner of the vehicle, would provide all maintenance and insurance surrounding its use. Policy Requirements: In accordance with National City Council Policy 115, "Donation of Surplus City Property and Police Department Unclaimed Personal Property" (attached), agencies requesting donations must be local, non-profit, '501c3' organizations as defined in the policy. The Southwestern College Police Academy meets this requirement. The policy also requires that the non-profit must have a physical address within National City. The Southwestern College Higher Education Center is located in National City at 880 National City Boulevard and meets this requirement. According to Ordinances 1673, 2284, and 2044, and Municipal Code Chapter 2.42.040B, any item with a value exceeding $1,000 must be disposed: 1. Through the solicitation of sealed bids in a local newspaper; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment to a vendor to sell on the City's behalf; 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). The donation of a surplus police vehicle to the Southwestern College Police Academy meets requirement No. 4 as described above. Staff Recommendation: The City of National City has an excellent working relationship with the Southwestern College Police Academy and we have been very fortunate to have hired several police officers from the Academy. Staff recommends the Council approve the donation in order to assist the Police Academy Training Program fulfill its mission of providing its students with the proper training and testing skills necessary to meet the professional standards required of a peace officer. Financial Statement: No cost to City, however donating the vehicle versus selling at auction impacts potential revenue source. SOUTHWESTERN COLLEGE January 19, 2011 Chief Adolfo Gonzales National City Police Department 1200 National City Blvd. National City, CA 91950 Dear Chief Adolfo Gonzales, The Southwestern Community College Police Academy is in need of an additional patrol vehicle. We understand that your agency currently has a eat y wou d be or specific use by the Police Academy training mandates prescribed by the Commission on P.O.S.T. The donated patrol vehicle would be used to provide a realistic training environment that will assist academy recruits transition from the academy training environment to a law enforcement -training program. The City of National City and the National City Police Department would not incur any liability related to the vehicles operation or use. The Southwestern Community College District would provide all maintenance and insurance surrounding the use of the vehicle. Thank you for considering our request. If you have any questions or need further information, please feel free to contact me at (619) 482-6462. cerely, Pamela L. Swanegan Academy Director Southwestern College Police Academy EV 3 Southwestern Community College District, 900 Otay Ickes Road, Chula Vista, CA 91910-7299, (619) 421-6700, Fax (619) 482-6413, TTY (619) 482-6470, www.swccd.edu c c REQUEST FOR DONATION FORM Local, non -Profit `501C3' organizations may request donations of surplus City property or Police Department unclaimed property in accordance with Council Policy #115, and requirements of this form. Requirements: The non-profit orttanization must be able to provide: • proof of official non-profit 501 C3' status (see back). • proof of a current National City Business License (see back). • proof of physical location/address within National City's city limits (see back). • their own vehicles and labor to claim the items (see back). • this form, complete and legible, with above documents attached. Surplus/Unclaimed Property Disclaimer: City property is usually declared `surplus' when it's broken, damaged, too costly to repair, or no longer • needed by the City. Unclaimed property may contain items of various descriptions and quality. Availability, quality and functionality of any of these items cannot be, and is not, guaranteed. Retum Policy: All donations are final_ The City cannot accept return of unwanted items. Requestor (please print): 1' OU C Organization Name: S06-04 Q. 5t 121 e0IN4 UNI Di GO (k€1.7E (l_ A-ct4-aq m -f Address:clOb 07/4-1 Liti*- , left ., CHU1,J v1.57,4- ( - • - Contact NamelRequestor: YAM F 1,4 L -. S KIA-/d !-1-4 C)U .0 4C-AM, P Olrfeerbl Phone: ((G (9 ) 211P - (o-1 5 `( Fax: ( (otq S it (o -107 115- Email Address: €75Wi4N Ce 5 W C.. €t7y Items you are interested in obtaining: Desks Chairs File Cabinets Tables ookcases Computer Equi Mise. Office ui . Bicycles Other: Please specify: �I) 11 `J vO V (x'1 Ca 4 F r Rot— J 4i et Verification 1 Authorization (see back): Registered on CruideStar: Yes No City Business License: Yes No Non -Profit, `501C3' status: Yes No Local organization: Yes No Purchasing. Department Authorization: Proof/print out attached? Yes No Copy Attached? Yes No Proof/copy attached? Yes " No Proof of address attached? Yes No Date: Release of Liability: The undersigned hereby certifies that he or she is authorized to sign this document on behalf of the requesting agency, and that the requesting agency thereby agrees to indemnify and hold harmless, and at its own risk, cost and expense, defend the City, its officers, agents and employees from and against any and all liability, loss or expense to persons or property, including defense costs, legal fees, and claims for damages, arising out of, or related to, the access to or use of City property, including access to City facilities, and viewing, selection, removal, loading/unloading, or eventual use or transfer of donated/ surplus/unclaimed property by the requesting agency and any person using, operating or handling that property. The requesting agency further certifies that no guarantees or representations have been made regarding the donated surplus/unclaimed property requested, and as a condition of its transfer from the City thereby waives any and all claims that it may ever have against the City arising from the use or operation of the donated/surplus/unclaimed property. Requestor Signature: )d441..Date: o 31 0 9 17-DI I Punk :Forms:Rgst-Don 4/20/04 Internal Revenue Service Date: June 1, 2007 SOUTHWESTERN COMMUNITY COLLEGE DIST COUNTY SUPERINTENDENT OF SCHOOLS 6401 LINDA VISTA RD SAN DIEGO CA 92111 Department of the Treasury P. O. Box 2508 Cincinnati, OH 46201 Person to Contact: G. McClellan 29-78301 Customer Service Representative Toll Free Telephone Number: 877-829-5500 Federal Identification Number: 95-6006659 Dear Sir or Madam: This is in response to your request of May 15, 2007, regarding your organization's federal tax status. Our records indicate that your organization may be a governmental instrumentality or a political subdivision of a state. No provision of the Internal Revenue Code imposes a tax on the income of governmental units (such as states and their political subdivisions). Therefore, it has been the position of the Service that Income of governmental units is not generally subject to federal income taxation. If, however, an entity Is not itself a governmental unit (or an "integral part" thereof), its income will be subject to tax unless an exclusion or exemption applies. One exclusion is provided by section 115(1) of the Code, which excludes from gross income: "...income derived from ... the exercise of any essential governmental function and accruing to a State or any political subdivision thereof ..." Your organization's income may not be subject to tax, either because the organization is a governmental unit (or an "integral part" thereof), or because the income is excluded under section 115. In addition, your organization may also be eligible to receive charitable contributions, which are deductible for federal income, estate, and gift tax purposes. Also, your organization is probably exempt from many federal excise taxes. Your organization may obtain a letter ruling on its status under section 115 by following the procedures specified in Rev. Proc. 2002-1 or its successor: Your organization may also qualify for exemption from federal income tax as an organization described in section 501(c)(3) of the Code. If the organization is an entity separate from the state, county, or municipal government, and if it does not have powers or purposes inconsistent with exemption (such as the power to tax or to exercise enforcement of regulatory powers), your organization would qualify under section 501(c)(3). To apply for exemption, complete Form 1023 and pay the required user fee. -2- 95-6006659 Sometimes governmental units are asked to provide proof of their status as part of a grant application, Wyour organization is applying for a grant from a private foundation, the foundation may be requesting certain information from your organization because of the restrictions imposed by the Code on such foundations. One such restriction imposes a tax on private foundations that make any "taxable expenditures." Under section 4945(d) and (h) of the Code, "taxable expenditures" include (1) any grant to an organization (unless excepted), unless the foundation exercises "expenditure responsibility" with respect to the grant; and (2) any expenditure for non -charitable purposes. Under section 4942 of the Code, private foundations must also distribute certain amounts for charitable purposes each year -"qualifying distributions" --or incur a tax on the undistributed amount. "Qualifying distributions" Include certain amounts paid to accomplish charitable purposes_ Private foundation grants to governmental units for public or charitable purposes are not taxable expenditures under these provisions, regardless of whether the foundation exercises "expenditure responsibility" Under section 53.4945-5(a)(4)(ii) of the Foundation and Similar Excise Tax Regulations, expenditure responsibility is not required for grants for charitable purposes to governmental units (as defined in section 170(c)(1) of the code). Similarly, grants to governmental units for public purposes are "qualifying distributions", under section 53.4942(a)-3(a) of the regulations; and, if they are for charitable purposes, will not be taxable expenditures, under section 53.4945-6(a) of the regulations. Most grants to governmental units will qualify as being for charitable (as well as public) purposes. Because of these restrictions, some private foundations require grant applicants to submit a letter from the Service determining them to be exempt under section 501(c)(3) and classified as a non -private foundation. Such a letter, or an underlying requirement that a grantee be a public charity, is not legally required to be relieved from the restrictions described above, when the prospective grantee is a governmental unit and the grant is for qualifying (public or charitable) purposes. We believe this general information will be of assistance to your organization. This fetter, however, is not a ruling and may not be relied on as such. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely,, ��,q ,It�LLQt, iP( )1ut&d40 Michele M. Sullivan, Oper. Mgr. Accounts Management Operations 1 CITY COUNCIL POLICY TITLE: Donation of Surplus City Property and POLICY Police Dept. Unclaimed Personal Property NUMBER: 115 ADOPTED: AMENDED/ June 17, 2003 REVISED: April 20, 2004 Purpose: To establish a policy for donating surplus City property and Police Department unclaimed personal property to local, non-profit '5Otteragetloies. Policy: Agencies requesting donations, must be local, non-profit; '501C3' organizations, as defined on the 'Request for Donation' Form. The 'Request for Donation' form provides legal definitions and release of liability. Forms are available in the Purchasing Department. The Purchasing Department will: notify all local, non-profit, '501C3' agencies by mail, when property is available; coordinate dates/times; verify agency qualifications; coordinate and record the donation process; and contact the auctioneer to pick up remaining items, as described on the Request for Donation Form under 'Internal Process'. Purchasing will provide a summary report to Council members and the City Manager after each donation process. Procedures outlined on the 'Request for Donation' form, may be subject to periodic review. Related Policy References: None REQUEST FOR DONATION FORM Local, non -Profit `501C3' organizations may request donations of surplus City property or Police Department unclaimed property in accordance with Council Policy #115, and requirements of this form. Requirements: The non-profit organization must b_e;able to provide: • proof of official non-profit '501C3status (see back). • proof of a current National City Business License (see back). • proof of physical location/address within National City's city limits (see back). • their own vehicles and labor to claim the items (sec back). • this form, complete and legible, with above documents attached. Surplus/Unclaimed Property Disclaimer: City property is usually declared `surplus' when it's broken, damaged, too costly to repair, or no longer needed by the City. Unclaimed property may contain items of various descriptions and quality. Availability, quality and functionality of any of these items cannot be, and is not, guaranteed. Return Policy: All donations are final. The City cannot accept return of unwanted items. Requestor (please print): Organization Name: Address: Contact Name/Requestor: National City, CA. 91950 Phone: ( ) Fax: ( ) Email Address: Items you are interested in obtaining: Desks Chairs Bookcases Computer Equip Other: Please specify: File Cabinets Tables Misc. Office Equip. Bicycles Verification / Authorization (see back): Registered on GuideStar: Yes City Business License: Yes Non -Profit, `501C3' status: Yes Local organization: Yes Purchasing Department Authorization: No No No No Proof/print out attached? Yes Copy Attached? Yes Proof/copy attached? Yes Proof of address attached? Yes Date: No No No No Release of Liability: The undersigned hereby certifies that he or she is authorized to sign this document on behalf of the requesting agency, and that the. requesting agency thereby agrees to indemnify and hold harmless, and at its own risk, cost and expense, defend the City, its officers, agents and employees from and against any and allliability, loss or expense to persons or property, including defense costs, legal fees, and claims for damages, arising out of, or related to, the access to or use of City property, including access to City facilities, and viewing, selection, removal, loading/unloading, or eventual use or transfer of donated/ surplus/unclaimed property by the requesting agency and any person using, operating or handling that property. The requesting agency further certifies that no guarantees or representations have been made regarding the donated surplus/unclaimed property requested, and as a condition of its transfer from the City thereby waives any and all claims that it may ever have against the City arising from the use or operation of the donated/surplus/unclaimed property. Requestor Signature: Date: Purch:H:Forms:Rgst-Don 4/20/04 Definition of 'Non -Profit' OrEanizations: According to the Tax Code, non-profit organizations are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence Legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office." Proof to be submitted with this form. Verification of Non -Profit Status: All non-profit `501C3' agencies requesting a donation of surplus/unclaimed property, must have a National City business license showing them as tax-exempt. Business licenses may be obtained from the City's Finance Department at 1243 National City Blvd., (619)336-4341 or (619)336-4330. Registration with GuideStar, the national database for non-profit organizations (www.guidestar.org), is also recommended. Proof of GuideStar registry (if available), and a copy of the City's business license must be submitted with this form. Definition of `Local': - To be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits. Proof of local address must be submitted with this form. Availability of Surplus/Unclaimed property: Surplus/Unclaimed property is processed for disposal several times per year depending on storage space limitations. If the surplus property is not needed by any other department within the City, it will be made available for donation. Known local, non-profit `501C3' organizations will be notified by mail when surplus property is available. Questions should be directed to the Purchasing Department (619)336-4570. Use of City Forces Prohibited: The use of City forces or equipment for loading or delivery of donated items is not allowed. Recipient must provide their own labor force, loading equipment and transportation vehicles. Recipient must pick merchandise up from the Purchasing Department. - Internal Process: • City departments and Council members will be sent a list of available property, and will be given first choice of surplus property items they may need for City use. • Remaining surplus city property and good quality bicycles from the Police Department's Unclaimed Property unit, will be made available for donation. Note: The Police Department will identify good quality bikes from Unclaimed Personal Property, and arrange with Public Works to have them transported to Purchasing for donation/disposal. • Purchasing will notify local, non-profit `501C3' agencies by mail, when surplus property is available. If interested, they can request details from Purchasing regarding dates, times, location, etc. This will give Purchasing an idea of how many agencies may attend the donation `event'. • Non -Profit agencies must submit required documents (See page 1 of Donation Form regarding Requirements), to the Purchasing Department at 2100 Hoover Ave., National City, Ca. on the announced donation date. Agencies not meeting the stated requirements, will be disqualified. • If only one agency wants a particular item, it will be given. If multiple agencies want a particular item, a name will be drawn from a hat. If multiple agencies want more than one of a particular item (bikes, computers, etc), the selection process will be conducted in `Round Robin' style. • No council members or city staff may select items for another individual or another organization unless it is a special project that has been approved by the City Council. • Purchasing will submit a summary report to City Manager and Council members after each donation/auction process is complete. • After each donation process is complete, remaining items will be sent to auction or otherwise disposed of in accordance with the Ordinance. • Proceeds from auctions will be deposited in accordance with the City's Municipal Code Report regarding donation of surplus property to local non-profit `501C3" organizations Prepared by: Brenda E. Hodges, C.P.M., Purchasing Agent Council Agenda: May 6, 2003 Background: At the request of the City Manager's office, this report was prepared to address an inquiry from Councilman Natividad regarding the possibility of donating surplus property to local non-profit '501C3' organizations. Donations to non -profits are possible, but decisions need to be made regarding: • How do we identify non-profit organizations? See definitions below • What should we donate? See types of surplus property below. • How should we donate? See options below. How Do We Identify Non -Profit `501C3` Organizations? Non -Profit Organizations Defined: According to the Tax Code, non-profit organizations are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. " Local: Per the City Attorney, to be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits_ Number of Non -Profit Agencies: According to GuideStar, a national database of non-profit organizations, there are 88 non-profit organizations identified in the City of National City. Records from our Finance Department show 76 agencies, however their list only includes those organizations with business licenses. In cross-referencing the two lists, it I0 was determined that not all listings match. There could be about 100 organizations if both lists were merged. Recommendation: • Accept the above definitions for 'Non -Profit' and 'Local'. • Accept both GuideStar and Finance Department lists as identification of non- profits in National City. • Require any non-profit organization to obtain a City business license prior to granting them a donation of surplus city property. What Should We Donate? Types of Surplus Property: There are three categories of surplus property that are handled in different ways. • Police Department unclaimed property. According to Municipal Code, Chapter 2.44, unclaimed property must be auctioned and sold to highest bidder, after expiration of the applicable retention period. Current practice is that these items are sent to auction locally, with H&M Goodies performing the service. Donating these items would require a change to Ordinance 1673, and Municipal Code Chapter 2.44. Auction proceeds are deposited into the City's Asset Forfeiture Fund, and the amount varies depending on the type, quantity and quality of items being sold. Quality of items is typically 'good'. Sample prices obtained for bikes at auction: $10.00-$50.00. Recommendation: Unclaimed property consists of a very random selection of merchandise, however bicycles are always available. It is recommended that donations of unclaimed property be limited to bicycles since they are consistently available. Change Municipal Code and Ordinance. • Vehicles. According to Ordinance 1673, and Municipal Code Chapter 2.42.040B, and Ordinance 92-2044, any item with a value exceeding $1000 must be: sold via solicitation of sealed bids in a local newspaper,. sold via County Cooperative auction, or consigned to a vendor to sell on our behalf. Occasionally a 'special use' vehicle has been consigned, but typically they are sold at the County Cooperative auction. Donating vehicles would require a change to the referenced Ordinance(s) and Municipal Code. Auction proceeds are deposited into the City's General Fund. Proceeds vary depending on the type, quantity and quality of the vehicles being sold. Quality of items varies per vehicle due to age, high mileage, accident damage, etc. Sample prices obtained at auction: '97 Ford Crown Vic $5000.00 '96 Ford Crown Vic $3750.00-$4500.00 '96 Ford Taurus $2600.00-$4500.00 '94 Olds Achieva Sedan $2750.00 '94 Buick Century Sedan $2900.00 '89 Chevy Pick Up Truck $3100.00 '89 Ford Passenger Van $4000.00 '87 GMC Dump Truck $7000.00 '72 Dodge Water Truck $3500.00 Recommendation: That we do not donate vehicles due to their significant value to the City. • Miscellaneous City property. According to Ordinance 1673 and Municipal Code Chapter 2.42.040A, items with a value of less than $1000 may be disposed on the open market without going to auction. In accordance with Municipal Code Chapter 2.42.03, these items are first offered to other City departments, and the remaining items are sold. These items are typically combined with Police Unclaimed Property and sent to H&M Goodies for auction. Auction proceeds are deposited into the City's General Fund. Proceeds vary depending on the type, quantity and quality of items being sold. Occasionally surplus items are still functional, and are being disposed of because they are no longer needed. Most of the time, the quality of these items is poor. Departments usually declare an item surplus because it's broken or too costly to repair. Value: The last 3 auctions resulted in proceeds of $291.55, $564.80, and $1446.70 Sample prices: Desks: $10.00-$50.00 Computers $10.00-$20.00 Printers: $5.00-$25.00 Tables: $5.00=$20.00 Chairs: $3.00-$12.00 File Cabinet $12.00-$17.00 Bookcase: $5.00-$15.00 Tires: $5.00 Tool Boxes: $5.00 Recommendation: That we make all miscellaneous city property available for donation. These common items could benefit non-profit organizations, but their donation will have minimal impact on City's General Fund, due to relatively tow value of items. Change Municipal Code and Ordinance. How Should We Donate? Past Practice: Neither the Municipal Code, or Ordinance 1673 specifically address the option of donation. In the past, Council has occasionally received requests from other agencies, and authorized donations of the miscellaneous surplus property to Tecate Fire Department, and to the Mayor of Tecate. The donations have been considered a humanitarian effort. Procedure: Purchasing staged the surplus property as usual, offered it to City departments, then provided a list of remaining items to the Mayor. The Mayor confirmed interest in the items (all or nothing), coordinated the date/time of pick up with the recipient and notified Purchasing. Purchasing supervised the removal of items from the warehouse, and notified Finance of any fixed assets that needed to be removed from the City's inventory. Future Options: Respond to Specific Requests As we've done in the past we can continue to respond to specific requests from non-profit organizations, as they come up and as merchandise is available. Recommendation: Requests should be submitted to, and approved by, a Council member. If the organization meets the criteria outlined above, the request can be forwarded to Purchasing for coordination. Purchasing will still make sure that City departments have the opportunity to claim the items prior to making them available for donation. Solicit Interest If the intent is to donate as much surplus as possible, to as many organizations as possible, then advertisement will be necessary. • Prior to each auction, and ad could be placed in the local newspaper (approx. cost of ad: $40). Or, • Postcards could be mailed to the non-profit organizations on the list (approx cost $45 for postage, cards, labels). Or, • An application/registration system could be set up, and those organizations could be contacted via postcard or phone call when the time comes to dispose of the property in which they are interested. 13 Concerns with soliciting interest: • If we have too many interested parties, we may have to deal with 'first - come -first -served' or develop a lottery system if two organizations want the same item(s). • The warehouse is only staffed Tuesday -Thursday, otherwise there is no one available to deal with surplus property. In order to minimize disruption to Purchasing and Warehouse activities, specific days/times may have to be set aside for non-profit agencies to 'come and look' at the items available. Availability of Surplus Auctions for surplus and unclaimed property are coordinated when several things occur (usually about every 6 months): • when we run out of space in the warehouse, • when we have sufficient items to make the task worthwhile • when the Police Department needs to unload theirunclaimed property. Legal Issues: Gift of Public Funds? According to the City Attorney, we don't need to be concerned with the issue of 'gift of public funds', if the non-profit organization is located in National City. It can be assumed that assisting the non-profit, will also assist the citizens that they serve, and that the donation will result in a benefit to the community. Liability: A Release of Liability Agreement will need to be drafted by the City Attorney's office, to release the City from any liability resulting from the recipient getting injured on City property while picking the items up, loading/unloading, or from use of a defective product (ie: recipient gets hurt when leg of donated chair falls off). Use of City Forces: To reduce liability, it is recommended that we do not allow use of City forces or equipment for loading or delivery of donated items. Recipient must provide their own labor force, loading equipment and vehicles, and they must pick merchandise up from where it is currently being stored. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO.15 EM TITLE: Notice of the City Of National City's intent to enact Government Code Section 20903, Two Years Additional Service Credit at an estimated cost of $250,000, amortized over 20 years resulting from an economically driven reduction in workforce initiative. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: H APPROVED BY: In response to the City's projected structural deficit, and in compliance with Government Code Section 7507, the City of National City hereby states its intent to enact a Purchase of Service Credit eligibility period of 90 days, effective April 1, 2011. During the 90 day eligibility period, employees of the City of National City meeting retirement eligibility requirements and approved by the City Manager may elect to retire and receive two additional years of service creditable towards retirement through the California Public Employee Retirement System (CaIPERS). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED. APPROVED: Otf Finance MIS The potential cost of this proposed future action is estimated at $250,000, amortized over 20 years, beginning in fiscal year 2013/2014. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 16 M TITLE: Response to request by Ana Brown of the Feral Cat Coalition at the City Council Meeting of December 7, 2010. PREPARED BY: Jose Tellez PHONE: 4513 EXPLANATION: DEPARTMENT: Police,. APPROVED BY: On December 7, 2010, during Oral Communications, Ana Brown, representing the Feral Cat Coalition, requested Council to consider changing the language in the City's Municipal Code as the current Municipal Code does not allow for the feeding, trapping, and releasing of feral cats into the area they are impounded from. The Feral Cat Coalition stated that the Animal Regulations Officers traps and euthanizes the feral cats. The Feral Cat Coalition also raised concerns regarding the job description of the City's Animal Regulation Officer to have the job description more defined and to have the Animal Regulation Officer to stop trapping and euthanizing feral cats. The attached report is the response to the request of the Feral Cat Coalition. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Based on the needs of the cam -unity, the program should continue and no changes be made to the Municipal Code. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: sort by Lieutenant Jose Tellez With Memo from Amber Millen of the Feral Cat Coalition and Jested Municipal Code Change NATIONAL CITY POLICE DEPARTMENT INTER -DEPARTMENT NIENIORANDUM Date: February 23, 2011 To: Leslie Deese, Asst. City Manager From: Jose Tellez, Lieutenant Subject: Feral Cats in National City Background: According to the Feral Cat Coalition (FCC) feral cats are the "wild" offspring of domestic cats and are primarily the result of pet owners' abandonment or failure to spay and neuter their animals, allowing them to breed uncontrolled. Feral cat "colonies" can be found behind shopping areas or businesses, in alleys, parks, abandoned buildings, and rural areas. They are elusive and do not trust humans. The city of National City adopted strict regulations as it relates to animals, including feral cats. Per the Municipal Code Section 8.32.015, a maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two acres in size, occupied by a single-family residential dwelling. This section further states that a maximum of two dogs or two cats, all over the age of four months, may be kept or maintained in any one dwelling unit located within a mobile home park, multi -family dwelling, or apartment, or condominium complex. Additionally, no more than three cats exceeding four months of age shall be kept on any parcel of land within the city. Municipal Code Section 8.32.020 states that except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall control his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped using a nonlethal, humane trap and shall be turned over to an animal shelter or an animal control officer within twenty-four hours. The city shall not be responsible for trapping or transportation. Additionally the section further states cats may only be fed within a residence or an enclosure on the property of the owner. The above listed municipal code sections and others -not listed were enacted to address the serious animal control problems in National City. On a routine basis, the Animal Control Officer Jane Gordon, receives several calls a week from citizens regarding stray dogs and cats. Specifically to cats, Officer Gordon often receives complaints of cat colonies (feral cats) in shopping centers, industrial complexes, and in residential areas; some of the colonies range anywhere from 10 to 30 feral cats or more. As a matter of practice to address the complaints of citizens, Officer Gordon often loans animal traps to citizens to facilitate in the capture of the stray animals. Once trapped, Officer Gordon takes custody of the animals and transports them to the Chula Vista Animal Shelter. Due to the fact several of these cats are feral and not suitable for adoption, feral cats are often euthanized. The Feral Cat Coalition (FCC) works closely with all the animal shelters in San Diego County. The FCC is often called when feral cats are brought to animal shelters. The FCC will have cats spayed or neutered, vaccinated, and screened by a veterinarian or veterinarian technician for the purpose of releasing the cat back to the original area it was trapped. Feral cats that have been rescued can be easily identified through the surgically removed tip of one ear. The fact FCC works to place feral cats back to the area they were originally trapped poses a problem. Even though the cats are considered healthy and lack the ability to reproduce, the fact remains they leave animal waste in areas they live and scavenge for food. Incident: A specific incident brought this matter to the forefront. Officer Gordon, for the better part of several weeks has received several complaints regarding a feral cat colony located on Kimball Way, in the city drainage area adjacent to the rear of the Wal-Mart. Individuals by the name of Antonio and Cheryl Panico, who reside at 1630 C Avenue # E in National City, were feeding the colony. As a result, other animals like skunks, possums, and raccoons were attracted to the area because of the food left on the ground by the Panicos. The area became unsightly, littered with trash and food remains, animal waste; overall it is a health hazard. The Panicos also posted signs in the immediate area soliciting donations to help feed "National City Stray Kitties." The sign provided a phone number and directed potential donors to a website run by the Panicos (www.KittyCatLoveandLicks. org). The website provided a list of services provided by the Panicos which included the following information: If you would like to share your love and help our Kitty Cat Rescues you can send a love donation to help with expenses. We are a non profit organization. A bag of cat food costs around $15.00 per week to feed 10 cats, about half our population. Advantage Flea Medication costs $15 per cat per year. Worm medication costs $25 and covers three cats. Spay and neuter services cost $50.00 per cat. Housing $800 per month. Based on the information listed above, it was apparent the Panicos were soliciting money to have their own housing paid by would be donors. Officer Gordon personally met with the Panicos and told them that they could not solicit money in this manner and further instructed them that they were in violation of the municipal code for feeding and maintaining a cat colony. As of this writing, it appears the Panicos have followed Officer Gordon instructions; the website is no longer in service. Officer Gordon continues to take the trapped feral cats from Kimball Way to the Chula Vista Animal Shelter. The shelter has in turn, with the approval of Officer Gordon, released the cats (after they have been spayed/neutered) to the Feral Cat Coalition. The only condition set forth by Officer Gordon for the release of these cats to FCC is that they are not to be re-released in National City; the FCC has worked to relocate the cats to other cities. Officer Gordon continues to operate within the guidelines of the municipal code to address the continued complaints from citizens regarding feral cats in the city. Attachments: 1) Applicable Municipal Code Sections 2) Copy of flyer posted by the Panicos 3) Copy of information posted by the Panicos www.KittyCatLoveandLicks.org website. 4) Proposal for Municipal Code Section revisions submitted by Feral Cat Coalition 5) Letter from Nancy Peterson, Cat Programs Manager, The Humane Society JOSE TELLEZ Municode Page 1 of 2 8.32.015- Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any animal, bird or reptile not prohibited by Section 8.32.010, except as follows: 1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas or alpacas may be kept, possessed or maintained, either alone or in combination with each other, not to exceed a total of five combined, on a parcel of land with a minimum area of at least twenty thousand square feet. 2. Any combination of the following classes of animals, not to exceed a total of twenty, with each class limited by a maximum of four adult rabbits, four chinchillas, four hen chickens, four turkeys, four clucks, four geese or twenty pigeons may be kept on any property zoned for single-family residential use that is greater than twenty thousand square feet in area. 3. Domesticated rats or domesticated mice, hamsters, parakeets or small ornamental songbirds or other birds or animals not prohibited by Section 8.32.010 may be kept in cages or similar enclosures on any property used for residential purposes. 4. Any number of domesticated mice or domesticated rats, hamsters, parakeets or small ornamental songbirds or other birds or animals not prohibited by Section 8.32.010 may be kept at any laboratory or pet shop properly located in a zone allowing for such use, provided the animals are kept under humane sanitary conditions in cages or enclosures which are designed to prevent them from being at large. 5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two acres in size, occupied by a single-family residential dwelling, and on parcels of property greater than two acres in size occupoed by a single-family residence, a maximum of six dogs and three cats all over the age of four months may be kept; provided however, that the exterior area or areas where any dogs are kept must be enclosed at all times by a barrier, fence or pen meeting the requirements of Section 8.16.100. 6. A maximum of two dogs or two cats, all over the age of four months, or a combination not to exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if allowed by the regulations of the owner or condominium association. - 7. Large birds not exceeding a total of two may be kept on any parcel exceeding twenty thousand square feet in area pursuant to a permit issued by the animal control officer. 8. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two small ornamental birds or song birds, if allowed by the regulations of the owner or condominium association. 9. Except as provided otherwise in this section, no more than three cats exceeding four months of age shall be kept on any parcel of land within the city. 10. Only one nonvenomous snake not exceeding six feet in length or one reptile or lizard not exceeding twenty-five pounds in weight may be kept on any property, either alone or in combination with any other animal or combination allowed by this section. B. 1. Exemptions to the above limits may be allowed for educational, conservation, religious or preservation purposes upon issuance of an animal permit by the city council or city manager. No permit shall be issued unless it shall affirmatively appear that the increase in numbers or combinations will not adversely affect the public health and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation, nonrenewal or both for violations of this title. An annual permit fee as established in the National City fee schedule shall be paid at the time of application and each renewal. 2. Violations of issued permits shall result in the impoundment of any animals, birds or reptiles in excess of the number or species allowed by subsection A of this section and the revocation of the permit. The permit holder may appeal the permit revocation in accordance with Chapter 1.42 within ten calendar days from the date of revocation to show cause why the permit should not be permanently revoked. Impounded animals shall be kept at the owner's expense during the appeal or pending decision, following which disposition pursuant to Section 8.04.020 shall occur. 3. Violations are also subject to administrative or criminal actions, as appropriate, notwithstanding the revocation of the permit. C. The authority granted by subsection A of this section to keep or maintain animals, reptiles or birds shall not apply on any property, including a mobile home park, condominium association or apartment where other restrictions or prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease, zoning or restrictive covenants. (Ord. 2249, 2004; Ord. 2245 § 6 (part), 2004; Ord. 2196 § 5 (part); Ord. 2171 § 8 (part), 2000) 8.32.020- Conditions of keeping or maintaining permitted animals, birds and reptiles. http://library.municode.com/print.aspx?clientID=16516&HTMRequest=http%3 a%2f"/o2 fl... 03/02/2011 Muni code Page 2 of 2 Except where a prohibition or restriction is specifically made applicable to "any person," it is unlawful for an owner, handler or any other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations: A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and related detritus shall be removed and disposed of in a sanitary manner within forty-eight hours of death or occurrence. Pending disposal, the materials shall be stored in fly -tight, air -tight containers. B. All stables, pens, coops, cages and other enclosures for animals, birds and reptiles shall be cleaned at intervals not to exceed two days between cleanings and at ail other times maintained in a clean, sanitary condition, free from offensive odors. An odor is offensive if it can be detected at the adjoining property line. C. All enclosures where animals, birds, reptiles are kept shall be painted at an interval not to exceed twelve months. D. The floors of every enclosure where birds are kept shall be kept smooth and impermeable to water, and no accumulation of filth droppings or water shall be permitted. E. Floors of runs or pens for animals shall be constructed of cement or nonporous material impermeable to water. Pens shall be maintained in a clean, sanitary condition at all times. F. No large animals shall be kept or maintained within twenty-five feet of any dwelling used or intended for habitation by humans, including that of the owner. G. All rabbits and, except as provided in subsection H, all birds shall be kept within an enclosure that is at least twenty-five feet distant from any dwelling used or intended for human habitation. Enclosures shall be situated in the rear yard, and shall not encroach into any side yard or rear yard set back required by Title 18 of this code. H. Parakeets, canaries and similar small domestic ornamental birds or song birds may be kept in a cage within a dwelling unit. 1. Chinchillas, hamsters, rats, mice, guinea pigs and similar rodents may be kept in an enclosure in a basement, garage or in a building attached to a dwelling unit; otherwise these animals shall be kept in a hutch or similar enclosure that is at least twenty-five feet from any other dwelling used or intended for human habitation. J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall control his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped using a nonlethal, humane trap and shall be turned over to an animal shelter or an animal control officer within twenty-four hours. The city shall not be responsible for trapping or transportation. K. No feral pigeons shall be fed or maintained on any property in the city by any person. In order to prevent attracting wild animals and birds, domestic pigeons may only be fed within a coop on the property of the owner or handler, and cats may only be fed within a residence or an enclosure on the property of the owner. L. No rat or mouse that is being lawfully maintained pursuant to this chapter shall be released or allowed to run at large within the surrounding community. M. No person shall feed any wild bird upon the premises of any restaurant or facility serving or selling food for human consumption. N. No animal or bird shall be allowed to howl, bellow, squawk, or make a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of ten p.m. and seven a.m. daily for more than three minutes, or at other times for more than ten consecutive minutes or for more than a total of fifteen minutes within any sixty minute period. This provision shall not apply to public zoos. Interference by noise shall also constitute a public nuisance. The procedures set forth in Sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section. (Ord. 2245 § 6 (part), 2004; Ord. 2196 § 5 (parr); Ord. 2171 § 8 (part), 2000) http://library.municode.com/printaspx?clientID=1 651 6&HTMRequest=http%3 a%2f%2fl... 03/02/2011 Vww.KittyCatLoveandLicks.org 1. NaturesMassageStones . com Please donate help feed National Citys Stray Kitties Ca11 619477-7739 � e Kitty Cat Love & Licks Love Donations Page 1 of 2 Greetings, Love & Licks f3-onn Antonio, Thank you for sending your Love donation to our rescues protect them with Good Health, Peace. Honor and Love. Your donation will he used entirely for Kitty's. Cats, Pussy Cats, Raccoons; Possums, Skunks, and Birds. We focus on maintaining food and water for the stray Cats and rescue at any given moment. We can't do it all alone. We need your help. We need your Prayers. We need your Love. Much is needed on a consumable basis. Please only give if you can afford it. if you pray to the God that lives in you and all of us, It will be gratefully appreciated as 1 pray for you now. Simply click on the link below to send a Kitty Cat Love and Licks donation. You can send any amount you wish. Cheryl will receive it and put it to work for the Kitty's, Cats and other Angels that come to us for love, food and medicines. Cheryl works 24 hours a day for these animals. .Please include a note with your donation to tell us your message. Peace, Love & 1..icks, Antonio DONATE HERE Below are the corn.mon expenses we have each day. Hint: To use credit card only: look for link on PayPal payment page on lower left corner. It says "Don't have a PayPal account? - click continue". PayPal login is on the right. You can use an existing PayPal account or set up a new PayPal account Also You may send checks in any amount To : Cheryl Panico 1630 C Ave Apt. 4 : National City, CA 91950 Or email money to our PayPal account at email(c"r.kittycatlow-eandlicks.org http://www.kittycatloveandlicks.org/kitty_cat_love_donations.htrn 11/30/2010 Kitty Cat Love & Licks Love Donations Page 2 of 2 Greetings from Antonio Panico If you would like to share your love and help our Kitty Cat Rescues you can send a love donation to help with expenses. We are a non profit org.inization. A bag of cat food costs around $15.00 perweek to feed 10 cats, about half our population Advantage Flea Medication costs S.15 per cat per year Worm medication costs $25 and covers three cats Spay and neuter services cost. S50.00 per cat Housing S800 per month. If you can afford to give, we would appreciate your assistance. Please keep us in your prayers as 1 pray for you now. thank you very much, Antonio Copy write protected beginning June 2010 by Cheryl & Antonio, Natures Massage Stories & National City Copier Service http://www.kittycatloveandlicks.org/kitty_cat lovedonations.htrn 11/30/2010 Cheryl & Antonio Panico`s Local kitty Cat rescue has been helping our neighborhood animals live a healthy life; We are here to protect the innocent, Rescue the animals that can be rescued & provide food & water for the Kitty Cats that are too shy for human contact. Our mission is to provide care for outside cats and rescue them when possible, To provide food and water daily which also are shared by local Possums. Raccoons, Skunks &. Birds. Foocl & Water, Ilea & Worm medication, spay & neuter services are also needed for a humane dignified response. We pray that through Kitty Cat Education. humane services and sharing to-ve we can make n.ot only our area a better place. but he an inspiration to those who wish to make a difference; to encourage others in their areas to provide help for their local Kitty Cat Possum Skunks Raccoons & Birds Too! We respect all Religions Worldwide and we are dedicated disciples of Christ Jesus, our lord. Please pray in whatever manner connects you to the God within you to help our animals. Thank you! May the (.iod of Pcacc bless you richly as you share concern for all creatures that are innocent. Antonio's motto: When you See with your Heart & Feel with your Love. HE HOLY SPIRIT WILL 13E MAGNIFIED WITI-.IIN YOU PEACE, LOVE & LICKS, Antonio! P.S. Kitty (:;at Love & Licks are the highest form of respect and love we can receive. and often do! Kitty Cat Love & Licks .org is Sponsored by: Cheryl & Antonio Panico, NaturesMassageStones.cor and NationalCjtyCoJ2jierService.co n Copy write protected beginning June 2010 by Cheryl & Antonio, Natures Massage Stones & National City Copier Service http://www.kittycatloveandlicks.org/kitty_cat_love_and jicks_home.htm 11/30/2010 Kitty Cat Love & Licks Rescues Page I of 5 is one of our male stray cats, probably the father or most of the babies born there. A very handsome cat that we have been feeding since April 2008. He looks and comes when we call him but is too shy for human contact. Smart cat, stay away from humans! Piglet is a beautiful female cat and an excellent mother. She has about four new cats and they are just starting to come out now. All h.cr babies are smart and beautiful. She is our pride and Joy. Moin.nta of Squiggy, Coco Puff and most likely Winky Piglets Son and Daughters - Unnamed white and grey female (not shown) and one tabby female and one tabby male seen above in Piggy's picture are from our Squiggy s litter, but were too shy to be caught. "lliey are wonderful to watch. too shy to come near. Smart kitties! Humans can be dangerous. At least they are fairly safe, well. fed and. watered. Jack is a wild male stray, unfixed and possible father to many. He has a brother that is so shy he comes last to cat and is barely seen. http://www.kittycatloveandlicks.org/kitty_cat_rescues.hlm 11 /30/20 1 0 Kitty Cat Love & Licks Rescues Page 2 of 5 Grey Morn is very clean. beautiful, shy and sweet. Always waiting for us with Grey Baby who probably is her son. When anyone says "don't feed the strays" I tell them that feeding them improves their health and mental well being. A well fed cat is less likely to tight and will be healthy. Black kitty lives up the hill and comes to eat, but stays at a respectable distance or he will get in a fight. I encourage him to come, and he tried to go into Py and Jacks territory, but fighting occurred. so he stays up the hill until feeding time and remains very shy. He is a smaller all black kitty and very beautiful) http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11 /30/2010 ii Kitty Cat Love & Licks Rescues Page 3 of 5 Barney was a traveler. lle made the rounds! When he saw us coming at night to feed the stray cats. he would venture forth! i believe someone took him in because we don't see him anymore and he is very sweet. Ile was also known to the neighbors by other names, he got around! Petey was a sparrow who was rescued by Newby, our cat! Ile found Petey in the bushes and brought Petey to us and gently laid him at our feet! Petey was newborn and could not fly. Cheryl diligently fed Petey by hand with a toothpick. Soon. when Petey was strong enough Cheryl taught Petey to fly! Unfortunately. upon release to the wild, Petey would only fly at ground level_ Tippy (our cat) saw Petey and chased him into the neighbors' yard and into a hole in the fence as our hearts lept! 1 quickly pulled myself up and http://www.kittycatloveandlicks.org/kitty_cat_reseues.htm 11 /3 0/2010 �2� Kitty Cat Love & Licks Rescues Page 4 of 5 over the (6' tall) fence and ran to Petey's rescue! I'etey was a good friend for many years and now flies with the Angels in heaven, Go Petey Go! • IVI:r. Brows has white eye whiskers that uniquely identify him. Mr. Brows just appeared one day, he kind of took over and was there every evening at feeding time. He wants attention more than food. He rolls around and was friendly enough to be picked up and rolled around. He only ate later. He was a traveler and after some time we began to see him less and less. lie came from the direction of the seniors home across the street. I think someone may have adopted him. We see him from time to time now. and I pet hint too. Possum Family they are harmless and innocent. They would rather mind their own business. Fantastic family animals http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11 /30/2010 Kitty Cat Love & Licks Rescues Page 5 of 5 who take care of their young very well. Give them a Break! Slow down and tell others to slow down and watch out for these gentle creatures that God placed on our lives. They love to eat with the cats and give them respect. The Raccoon family are really cool to watch eat. They are very clean and it is amazing to see Raccoons in the city. They eat along side the cats. When we had our second apartment we also had Raccoons. They dip their food in the water and meticulously wash and eat. Very clean intelligent animals and we are so blessed to see them, we know that God truly loves them and helps us feed them when they are hungry. The mom Raccoon below is so exited about dinner she drags away the whole plate! She stands up on her hind legs and is very beautiful! Copy write protected beginning June 2010 by Cheryl & Antonio, Natures Massage Stones & National - City Copier Service http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11 /30/2010 Jose Tellez From: Amber Millen [amitlen@ucsd.edu] Sent: Wednesday, February 16, 2011 5:06 PM To: Jose Tellez Cc: Leslie Deese; Josh Hrschmiller; Anna Brown Subject: Re: Feral cat meeting Attachments: FCC-Nati City Code.doc; ATT819249,txt FCC Natl City ATT819249.txt (2 Code.doc (69 KB)... KB) Hi Lt. Tellez, Attached please find the suggested language (in red) that we would like have reviewed for inclusion in the City's municipal code. The text in blue is a comment in response to the preceding paragraph and is for consideration of a policy adaptation related to the current management of feral cats complaints. Thank you for keeping us updated on the progress of this issue. We look forward to viewing the report to City Council and attending the related City Council meeting. Cheers, Amber Amber Millen Feral Cat Coalition 8.04.020 - Impoundment, disposal and return of animals. E. Upon impoundment of an animal wearing a license tag, identification listing the owner's name and address, or indicia from which ownership can be readily determined, the animal control officer shall ensure a notice is promptly posted at the owner's address of record, or mailed or personally delivered to the owner of record that the animal is in the custody of the contracting agency. The notice shall conform to the requirements of Government Code Section 53074 and include a statement that the owner may within five calendar days from the date of service request a hearing as to the legality of the impoundment. Such request shall be in writing and must be received by the animal control officer within the specified time period. Upon impoundment of an ear -tipped cat, the animal control officer shall ensure that the Feral Cat Coalition be promptly notified that the animal is in the custody of the contracting agency. A description of the cat and the location at which it was trapped should be provided by the contracting agency. 8.32.015 - Restrictions on keeping certain animals, birds and reptiles. B.1. Exemptions to the above limits may be allowed for educational, conservation, religious or preservation purposes upon issuance of an animal permit by the city council or city manager. No permit shall be issued unless it shall affirmatively appear that the increase in numbers or combinations will not adversely affect the public health and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation, nonrenewal or both for violations of this title An annual permit fee as established in the National City fee schedule shall be paid at the time of application and each renewal. Exemptions to the above limits may be also allowed for caretakers managing feral cat colonies as part of a TNR program. 8.32.020 - Conditions of keeping or maintaining permitted animals, birds and reptiles. J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall control his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped using a nonlethal, humane trap and shall be turned over to an animal shelter or an animal control officer within twenty-four hours. The city shall not be responsible for trapping or transportation. As part of the animal control .officer's response to feral cat nuisance complaints, instead of immediately trapping and euthanizing feral cats, we ( would like to help enact a system whereby if the complaint involves managed feral cat colonies, the Feral Cat Coalition would be contacted to work with the caretaker to remedy the complaint (andlor educate the person complaining). As we stated in our meeting with Ms. Deese and Lt. Tellez, this could reduce the running list of 25 complaints significantly, at a cost savings to the City. K. No feral pigeons shall be fed or maintained on any property in the city by any person. In order to prevent attracting wild animals and birds, domestic pigeons may only be fed within a coop on the property of the owner or handier, and cats, with the exception of feral cats who are part of a TNR program, may only be fed within a residence or an enclosure on the property of the owner. /1 Si '44 ht. • THE HUMANEt OF THE UNIII :A, I- ere-nary•I, 2ficl City National City City Hall 1243 National City Bouievard Nationai City, CA 9:1950-ilil9 ',TAFF VILE El.-1,;illkrir: Dear Mayor Morrit;on and City Council Members: aro -pleased that National City is consirlering an ordinance ainenclincrot i.o allow -the feeding of feral cats managed through Trinoifileuterstitetnin (t1 Decades ot trapping rici temoving feral cats 11m:sit failed in rechice he numbers or improve the quality of life for calif Or citizens. In addition, these strategies are costty to sustain and enforce, and U;Py Are c rFilFyimpoptiki W411 Lr The Humane Society of ihri Uniteri States (FiSilitir), with more than:11 r ionsupporters nationwide, supports 11,.[R. Other national groups 5upporting TNR include Alley Cal. American Assosifition of Feline Practitioners, American Society for the Prevention of Cr aridly tir Animals, issest riends StiLietN, fur: fanciers' Association; isiumano Society 'veterinary Associrttion. National Arnintil Control Association Paco Fraintriation, PetSmart. fAraritios, and Spay if SA, 0111vte1acqUainted VVith l'ei"3i Cat Coadition fru.) ot sari Diego alio ihe peopleeinJ As you play konw, tire I -CC is a Lkoneei et TN tine finifed States. Yon are fortunate that they arc, local and -figto assist fleforf e th0 City considers trapping cats (who \Nil) tiwily replaced by other cats) i enC.01lgC• you to ratier complaints to IT:C so Mat they may ectiattite ara.tit the community about feral cats arid provide kin10-erin solutions. I'm sore their efforts would savp the City time and !Trolley TW. would rant:Mirage yr:tti t Otir short video and ITAOs at httfillwww, h tatt \vs!! n r ill: I necll s to ry ia 3 i fic92igtail da02179eafirCi25 35C1dMb6.5f6f9 nd http://www humanesociefy.oigiirigiestteral caticiiferal cat frAOshtini f Or more information about fNR ilowever, in a re ithe, 1NR has been effective because it: • is feasible • saves municipal funds associated with trappirtg, holdings, and ,7,lithai) izing feral cats • is:teak:is an immediate reduction in fiopulation because tame adults and kittens are removed from the colony for adoption • reduces or eliminates continued reproduction • decreases- nuisance complaints about 'fighting, 110iSe, and urine odor • includes. vaccinating cats against r,:ibies and other diseases i'..11110.tIS I OM attracts volunteers and gains r rPt aker C:iop Eratioi't • ensures trapping of new cats who appear a4 well as ongoing rrlD-r_E!: ing Di the cats • provides conflict resolution by private non-profit or`;isi zation and voloriteer caretakers • considers colony relocation as a last ;Y'S:irf aticiiiiiOn fit;` 1 Nl; f4"7: feral cat`.., ob;';l?.c cats should be spay c [);" iteli trod before_ five months of agn c__ when they ::a rl reproduce, kepi indoors or tidfeky confined on ;hail property, provided with 't _ ( - t __ for Ir!' i� .dia tel i1 them t .���.. ..ia Theseaction, a�i 1. L..€-It subs C�.!£'(_ r _�. {iil Et �t.l:ai� and searched rf �" is -{ spay and neuter lot if r` R program caretakers and Ir;,v-i!Ir orn S e'IY! the tide of cat overpopli3tion and hrn elessness. It i can he of any assistance to you pI ae do not hesitate to contact me .. t.?/t't�(/ Nancy Peterson € is Programs ry aortger Californiat:c: Jennifer Fearing State Direr .. i?te Hum 8:1e Society of the United Stat CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "'-ETING DATE: April 5, 2011 AGENDA ITEM NO.17 ITEM TITLE: Report on pawnshops, and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 619-336-4240 EXPLANATION: See Attached APPROVED BY: FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: See attached staff recommendation (Page 4) BOARD / COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: .,tall Report Staff Report At the March 1, 2011 City Council meeting, Councilmember Natividad requested staff to provide a report on the number of pawnshop businesses located in National City, zoning regulations, reporting requirements and any associated impacts. In addition to pawnshops, there are a number of businesses that are also engaged in secondhand dealing and/or the purchase and selling (for melting purposes) of gold and other precious metals. As such, this report also discusses those businesses. The Police Department has also expressed concerns related to criminal activity, sale of stolen items, and secondhand dealer reporting requirements as required by the State Department of Justice. Pawnshops are in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Both pawn brokers and gold and precious metal buying are State regulated, generally through the California Business and Professions Code. Precious metal buying businesses and pawn shops must register with the California Department of Justice as a secondhand dealer. Pawn shops must properly document and report all purchases to the Police Department on a daily basis and hold purchased items for a minimum of 30 days. State law does not allow cities to adopt identification, holding, or reporting requirements if they are already set forth by the California Business and Professions Code. There are no local distance requirements for pawnshops and any noted impacts of such businesses located in close proximity to one another are unknown at this time. Currently, the two businesses located on 8th Street are adjacent to each other and have been for many years. It is unknown whether the business currently under construction at 560 Highland would impact the pawnshop business next door in terms of business sales or other consequences. The City does not have a moratorium on the number of pawn businesses allowed to operate in our jurisdiction. Licensed Businesses in National City There are currently nine (9) pawn, gold buying, and secondhand businesses licensed to operate in National City, with another approved and scheduled to open shortly. The businesses are at the following locations: NO CUP We Lend More, Inc. (Pawn Shop) 8th 133 E. Street Predates CUP requirement 1985-2 CUP Simon & Simon Jewelry & Loan (Pawn Shop) 139 E. 8th Street Denied by Planning Commission on 4/1/85. Approved by City Council on May 14, 1985 2008-08 CUP Express Financial Services (Pawn Shop) 1050 Highland Avenue Approved by Planning Commission on 5/19/08. Approved by City Council at Public Hearing on 7/1/08 2009-05 CUP Monte de Piedad (Pawn Shop) 604 Highland Avenue Approved by Planning Commission on 5/18/09. City Council filed on 6/2/09 2009-16- CUP Cash for Gold (Gold Buying) 3030 Plaza Bonita Road #2075 Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2009-17 CUP Quality 4 Less (Thrift Store) 3126 E. Plaza Blvd. Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2010-16- CUP Gold buying at Uncle Buck's Check CashingCom (Gold Buying) 1539 Plaza Blvd. Approved by Planning issn on 7/19/10. City Council filed on 8/3/10 2010-20- CUP Business Not Yet Operating or Named (Pawn Shop with Gold Buying) 560 Highland Ave Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2011-05 CUP Monte de Piedad (Pawn Shop with Gold Buying) 2720 E. Plaza Blvd Approved by Planning Commission on 3/21/11. Scheduled for City Council on 4/19/11 State Regulations Pawnshops must obtain a Pawnbrokers license from the State Department of Justice, which is received after the National City Police Department ("NCPD") reviews the application. Pawn shops in National City, other cities, and the County of San Diego are highly regulated. Pawn shops must document every transaction, and review and validate identification of the person conducting the pawn transaction. They complete a copy of the transaction, send NCPD a copy of the transaction slip (generally with a thumbprint), and electronically add the information to a database which sends the information to the state. The pawn broker must not only identify the person entering into a transaction, they must also hold the item pawned for at least 30 days after notification to NCPD of the transaction, and therefore cannot sell or transfer the item until after the 30-day period . NCPD utilizes the "Leads Online" database to track the information entered by the pawnshop. This database allows NCPD to track every pawn in the City, and every pawn transaction entered into by any National City resident (identified with a National City address) anywhere in the country and in parts of Mexico. NCPD can track pawns of any item in the United States, sometimes with an actual photo and the copy of the transaction slip. NCPD receives this info in a real-time basis. The "Leads Online" database also sends NCPD weekly alerts on any pawn shop that is behind in entering their transaction information. NCPD can also add alerts for any individual, any item, any description on any item in any universe they select if they are looking for a stolen item or a person of interest. The Leads Online system notifies NCPD immediately with an electronic message if any hits (transaction) on any person or item added into their system. NCPD has solved several cases of burglary, elder abuse, and robbery through this system. Gold Buying & Secondhand Dealers Gold buying businesses and pawnshops currently are not locally regulated by City ordinance, other than being required to obtain a business license. In fact, cities and counties are precluded from adopting ordinances regulating the holding, reporting or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (Bus. & Prof §21637(a).) The State preempts the regulation in this area. The concern has,been'that gold buyers have been discovered at times to work out of cars or shows in hotel rooms and will melt items immediately and pay the person cash on the spot. These buyers differ from legitimate businesses such as the Cash for Gold business located in Westfield Plaza Bonita. Enforcement for these non -legitimate "businesses" is through no business license or permission to sell in such locations. Conditions of Approval Pawnshops and gold buying (precious metal) businesses are permitted within the General Commercial (CG) zone with the approval of a Conditional Use Permit (CUP). These industries are proposed in the draft proposed General Plan to require CUPs in all zones. For example, in the CG (Highland, Plaza, 81h, etc) and CSC (Westfield Plaza Bonita) zones (where most of these businesses exist or would like to be located), these uses require a CUP — use group 19, which allows these uses, requires a CUP to locate there. However, the CH and CM zones allow these uses by right, as do industrial zones. The current version of the draft Land Use Code requires a CUP for any pawn shop wherever located. Conditions of Approval can be an appropriate method for strengthening the reporting of secondhand property sales, installation and maintenance of security cameras, retention of video tapes for at least 60 days, and photographing of sellers, and other such regulations. Additionally, at the recommendation of the Chief of Police, the Planning Commission may consider revocation of the CUP if the operator is found to be in violation of any State or local law. Previous approvals (gold buying operations at Westfield Plaza Bonita and Uncle Buck's Check Cashing at Plaza and Palm) have required the retention of purchased material for at least 60 days, in excess of the 30-day State requirement. The Police Department requested the extended retention period due to the time it took to process pawn/precious metal buying reporting information versus available staff. However it should be noted that anything in excess of state regulations is voluntary on the part of the applicant (e.g. 60 day holding period). Staff Recommendation The City of National City currently relies primarily on State regulations to enforce and regulate pawnshops, secondhand, and gold and precious metals buying businesses, although the CUP process can provide further regulations of such businesses. The City Council may wish to direct staff to further research the City's ability to further regulate secondhand and gold buying businesses, where they are not preempted by State law. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 18 EM TITLE: TEMPORARY USE PERMIT —Integrity Charter School's Physical Education program at Kimball Park Monday, Wednesday and Thursdays commencing April 6, 2011 thru June 3, 2011 with no waiver of fees. Note: A Field/ Facilities Use Permit will also apply. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighb. o • i ervices Division APPROVED BY: This is a request from the Integrity Charter School to conduct their Physical Education sessions at Kimball Park on Mondays, Wednesdays and Thursdays starting April 6, 2011 until June 3, 2011. Mondays: 7:45am-8:45am, 12pm-3pm Wednesdays: 7:45am-8:45am, 12pm-1pm, 2pm-3pm Thursday: 7:45am-8:45am, 1 pm-3pm Students will be in grades 1st to 8th. Additionally, each group of students is supervised by at least one teacher and parent volunteer. City services are being requested. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 3lication for a Temporary Use Permit with recommended approvals and conditions of approval. Chief Officer of Organization (Name) llt/Y)GtS G .O die-rYp Z. Applicant (Name): Y]C(5L.i v h Q y'{rez Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration Grand Opening _ Festival _ Community Event Circus Block Party Other P C - E X Event Location: >{ Ylotf r- /�- Event Date(s): From to ,6/3I it Total Anticipated Attendance: 2 25 &ow onthIDay/Year Ft (5e- Participants) ( Spectators) Actual Event Hours: 7 5 am pm to 5 : aml�n - Setup/assembly/construction Date: L�k- Start time: iti/A- Please describe the scope of your setup/assembly work (specific details): Dismantle Date: L Completion Time: ,t,/fa, 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. kVQ Sponsoring Organization: 97 �C?c�q /i a?' : SihGres For Profit ✓Not -for -Profit Address: 7D ( ID ati frcc-C dr:4t aid , Daytime Phone: (04) 334.. £!Qa Evening Phone: (MM) 33 ..Cl o d Fax: (,ii) 35k . 152 c' Contact Person "on site" day of the event: N rs . ' 5tt �� � h Pager/Cellular: .676,O) 77' .02776 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): '/YES NO YES / NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. 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. -alsi p r'a_hrf1 dtrfb cZ rsw�Z77 .L5 a ain in 77' dua Pi- S- it i i, ore .gel;.,-,t % (15 Aumu)5: key cigc2s = 1: y 5 - 8: -/ s, / 2 : 0 -3. tic tO 0-ci/7e5ia,i : 7:../ -Y. V5 /2-Gb - /,- , ay )Vaqs • 7' '15 - 5': 45 /:' t .3 t net e �Q G !an 1 r,310-ol yi n '11. _ YES NO If the event involves the sale of cars, will the cars come exclusively from National Cjit� car dealers? If NO, list any additional dealers involved in the sale: ti/ 2 _ YES ✓ NO Does the event involve the sale or use of alcoholic beverages? _ YES /NO Will items or services be sold at the event? If yes, please describe: _ YES it NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES 'NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES J NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES ✓NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: /{ If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify):' ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (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: Om 174/ k 4c rr-o>L �in� 4W rk- 3 Please describe your procedures for both Crowd Control and Internal Security: C idz Gt7 1e) teu>t one atIw r44d e- a1 h4 till-- • YES /NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES /NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing,First Aid Staffing and quipment. 'Cad/ �i tLro,� b4h 4 f A4'd r' t�r'� as ty : yt le 641/',04/ 25 fr.7vrYPd Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: A f f 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES /NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES " NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES 4NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES ✓ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office Z.Ise Only 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 tothis permit. / Organization Person in Charge of Activity ' ne sez, Address 7D I Telephone off bc? Date(s) of Use /aVie, 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 pe it by the permittee or its agents, employees or contractors. Signature of Applicant r7ee Official Title f 3/,1/1 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? V Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of t a sponsoring organization /1'140 Type of Organization Pvt..( (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) 4.7 No (Please sign the form and submit it with the TUP Application) 5tki tie 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 ne d due to health reasons or a death in the family? )/ Yes (Please provide an explanation and details. � �° � No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? API Yes (Please provide an explanation and details. — No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? It Yes Year funds were received: Funds were used to: A No (P lease sign the form and submit it with the TUP Application) 9 Client#: 1266225 303INTEGCHA ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER BBBT-John Burnham Ins Services 750 B Street Suite 2400 ,oan Diego, CA 92101 619 231-1010 INSURED San Diego County Schools/JPA Integrity Charter School P.O. Box 450 National City, CA 91951-0450 COVERAGES DATE (MMIDD/Y TYY) 6/25/2010 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 San Diego County Schools Risk INSLIRER_Bt Permissively Self -Insured -.- INSURER C. AWAC/CRC' NAIC # 10690 INSURER D: Endurance/CRC* 41718 INSURER E: Continental/Gr.Am/CRC* 20443 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER ADD LTR NSRL A A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X I OCCUR X $500,000 S.I.R. GEM_ AGGREGATE LIMIT APPLIES PER: POLICY F PR0. ECT LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS X $500,000 S.I.R. POLICY NUMBER *Per MOC on file *Per MOC on file POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/OWYY) DATE (MM/DDIYY) 07/01/10 07/01111 07/01/10 07/01/11 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occulrencel MED EXP (My one person) PERSONAL & ADV INJURY $5,000,000 $ 8 GENERAL AGGREGATE PRODUCTS- COMP/OPAGG COMBINED SINGLE LIMIT (Ea accident) $10,000,000 $10,000,000 $5,000,000 BODILY INJURY (Per person) BODILY INJURY— -' -- — (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO W AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY• I OCCUR I CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS. LIABILITY ANY PROPRIETORJPARTNER/EXECUTIVE OFFICER'MEMBER EXCLUDED, If yes, describe under SPECIAL PROVISIONS below JPA MEMORANDUE OF COVERAGE 60 Days Notice of Cancellation 07/01/10 07/01/11 STATU- TORY IM s OTH- FR E.L EACH ACCIDENT $$1,000,000 E.L. DISEASE - EA EMPLOYEE $$1,000,000 EL DISEASE -POLICY UMn $ C D E OTRER Blanket Prop Blanket Prop Blanket Prop 030567751N CPN10002136200 RMP2083564156 07/01/10 07/01/10 07/01/10 07/01/11 07/01/11 07/01/11 $5,000,000/$175,000 $20,000,000 XS $5M $225,000,000 XS $25M SIR DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *Issued CRC permission. Property policy inci Special Form/Replacement Cost Certificate is subject to policy limits, conditions and exclusions. *MOC Memorandum of Coverage -Approved Self Insurance Program reinsured by Munich Reinsurance America Inc. Re: Use of premises. City of National City, its officials, employees, agents and volunteers are named as additional insureds(general liability policy) per the attached form. r GpTICIr A-rc unt n rra City of National City 140 E. 12th Street, Ste. A National City, CA 91950 ACORD 25 (2004/08) 1 of 2 #S5196577/M5164833 CANCELLATION 10 Days or Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CI 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 fl?41cc�. tom. 5J 11B MGGUE © ACORD CORPORATION 1988 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Integrity Charter School EVENT: Integrity Charter School Physical Education DATE OF EVENT: April 6, 2011 to June 3, 2011 TIME OF EVENT: Monday, Wednesday and Thursday (specified times) APPROVALS: PLANNING/BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER Provide Additional insured endorsement naming the City of National City as an additional insured CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE The PD does not have any stipulations for any of these TUPs. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. EM TITLE: TEMPORARY USE PERMIT —T-shirt Mart requesting to have a 15.2'x 10' inflatable T-shirt balloon at 1502 Highland Avenue to be display only on Fridays, Saturdays, and Sundays from April 8, 2011 thru December 30, 2011 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neig d Services Division APPROVED BY: This is a renewal request from T-shirt Mart located at 1502 Highland Avenue to continue having the 15.2'x10' balloon on Fridays, Saturdays, and Sundays for an additional period starting April 8, 2011 until December 30, 2011. The balloon is for promotional services only and it reads "T-SHIRTS, 5 FOR $10, OPEN 7 DAYS". FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing the TUP through various City departments. Total fees are $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 with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ilication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Community Event Parade _ Demonstration Circus _ Motion Picture Grand Opening X Other Promotion Event Title: T-Shirt Balloon Block Party Actual Event Hours:9:30 am am/pm to 8:00 pmam/pm Setup/assembly/construction Date: Evetntnt}s.. Start`'thme: 7:00 Please describe the scope of your setup/assembly work (specific details): Inflate Balloon on roof Event Location: 1502 Highland Avenue CO Event Date(s): From i /i 1 to 12/30/11 Total Ant c pate tfendance n/A Month/Day/Year ( Participants) ( Spectators) Dismantle Date: Evenings Completion Time: Sundays pm 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: For Profit Not -for -Profit Chief Officer of Organization (Name) Bobby Bosone Applicant (Name): T-Shirt Mart Address: 1502 Highland Avenue Daytime Phone: (619) 791-1143 Evening Phone: ( ) Fax: (619) 791-1146 Contact Person "on site" day of the event: Manager on Duty Pager/Cellular: (619) 850-4545 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 X NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A Estimated Expenses for this event. $ N/A 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 Have large Balloon on roof in the shape of a T-Shirt YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES X NO Does the event involve the sale or use of alcoholic beverages? S _ NO Will items or services be sold at the event? If yes, please describe: Inside of store _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. See address _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City stage or PA system? } addition to the route map required above, please attach a diagram showing the overall layout id 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: N/A If you intend to cook food in the event area please specify the method: N/A GAS ELECTRIC CHARCOAL OTHER (Specify): ▪ Portable and/or Permanent Toilet Facilities Number of portable toilets: N/A (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: N/A Trash containers with lids: ascribe your plan for clean-up and removal of waste and garbage during and after the event: lease describe your procedures for both Crowd Control and Internal Security: N/A YES X 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: X YES X 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: Starts at 9:30 and ends at 8:00 PM A few hours will be at night lease indicate what arrangement you have made for providing First Aid Staffing and Equipment. N/A 'lease describe your Accessibility Plan for access at your event by individuals with disabilities: Special Parking in place 'lease provide a detailed description of your PARKING plan: On file with city 'lease describe your plan for DISABLED PARKING: Special parking in place already Please describe your plans to notify all residents, businesses and churches impacted by the et: N/A NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES X 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 X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Reed 08/10/05 r Office 'Use OnCy Event: Department Date Approved? Yes No Initial Specific Conditions of Approval council Meeting Date: kpproved: Yes No /ote: :athleen Trees, Director wilding & Safety Department City of National Cfy 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 T Shirtmart Person in Charge of Activity Maguel Address 1502 Highland Avenue Telephone (619) 791-1143 Date(s) of Use 3/15/11 -12/30/11 HOLD HARMLESS AGREEMENT condition of the issuance of a temporary use permit to conduct its activities o.. ,ublic 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 or Attorney -In -fact 3/1/11 Dfficial Title Date For Office Use Only C ficate of Insurance Approved Date 7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: T-shirt Mart EVENT: Inflatable T-shirt DATE OF EVENT: April 6, 2011 to December 30, 2011 TIME OF EVENT: Friday, Saturday, and Sunday only APPROVALS: DEVELOPMENT SERVICES POLICE PUBLIC WORKS RISK MANAGER CITY ATTORNEY FIRE YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [xJ NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4250 Any lighting used to illuminate the balloon shall be directed away from neighboring residential uses. POLICE The PD does not have any stipulations for this TUP. FINANCE Approved by Finance. FIRE DEPARTMENT The National City Fire Department has no comments on this request. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. ?Cl fEM TITLE: TEMPORARY USE PERMIT — Community Easter Egg Hunt 2011 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 23, 2011 from 11 a.m. to 3 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh.: o•d Services Division APPROVED BY: This is a request from the Cornerstone Church of San Diego to conduct an Easter Egg Hunt at Las Palmas Park on April 23, 2011 from 11 a.m. to 3 p.m. Set up for the event will commence at 6:00 a.m. on the day of the event. This event will include an Easter Egg hunt for appropriate age groups, face painting, music stage with monitored sound system, eating areas with tables and chairs, and free games provided by My Little Carnival. Cornerstone Church will set up approximately ten 10x10 booths. Rodeo Meats will be selling tacos at the event. The applicant is not requesting the use of the City's stage and will provide their own security for this event. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, plus $100.00 for the Fire Inspection, and NPDES inspection $57.20. Total fees: $394.20 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade Motion Picture Fair _ Festival _X Community Event _ Demonstration _ Circus Block Party _ Grand Opening Other Event Title: Community Easter Egg Hunt Event Location: - -) p" Ppj? Event Date(s): From 04/23/11 to 04/23/11 Total Anticipated Attendance: 2500 Month/Day/Year (1500 Participants) 11:00 (1000 Spectators) Actual Event Hours: am/pm to 3:00 am/pm Setup/assembly/construction Date: 04/23/11 Start time: 6:00 am Please describe the scope of your setup/assembly work (specific details): Set up stage and sound system, tables, chairs and canopies Dismantle Date: 04/23/11 Completion Time: 5:00 pm 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. This event will be contained within the park limits, no streets should be affected. Sponsoring Organization: Cornerstone Church of San Diego Chief Officer of Organization (Name) Sergio De La Mora Applicant (Name): Mike Ramirez Address: 1914 Sweetwater Rd. National City, CA 91950 For Profit Not -for -Profit Daytime Phone: (619 425-9333 Evening Phone: (619 414-2480 Fax: ( ) Contact Person "on site" day of the event: Mike Ramirez Pager/Cellular: 619 414-2480 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? XYES _ NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): $ 0.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 8,000.00 Estimated Expenses for this event. $ 0.00 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. Roped off areas for appropriate age group egg hunt. Face painting, music stage monitored sound system. Eating areas/ tables and chairs. Free Games provided by My Little Carnival. YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES X NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event? If yes, please describe: Food Vendors: Rodeo Meats/ Sodas, ice cream, tacos, candy... YES X 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. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies?If YES: Number of tent/canopies 10 Sizes 10Xe 0 NOTE: A separate Fire Department permit is required for tents or canopies. YES X 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: BBQ If you intend to cook food in the event area please specify the method: GAS ELECTRIC X 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: 6 Trash containers with lids: 0 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: Cornerstone Security and Cornerstone Traffic Ministries YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X 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. A First Aid Tent will be on site throughout the event with church staff manning the station. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on public property that complies with ADA requirements_ Please provide a detailed description of your PARKING plan: Parking will be on the two parking lots in the park as well as available street parking Please describeyour plan for DISABLED PARKING: Kimball Park Parking lot provides disabled parking. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Flyers, radio NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: One Number of Bands: One Type of Music: Christian Worship Music X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 11 am am/pm Finish Time 3pm am/pm X YES _ NO VV II sound checks be conducted prior to the event? If YES, please indicate: Start time: 10am amlpm Finish Time 11 am am/pm Please describe the sound equipment that will be used for your event: Speakers, sound system, microphones and musical instruments YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Event Banners indicating activities and hours of the event Revised 08/10/05 5 Event: for Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Cornerstone Church of San Diego Person in Charge of Activity Mike Ramirez Address 1914 Sweetwater Rd. National City, CA 91950 Telephone 619-425-9333 Date(s) of Use 04-23-2011 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 Ap K ant Assistant Pastor 03-02-2011 Official Title 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? X 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 Cornerstone Church of San Diego Type of Organization Church (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) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) fj Signatur6 00� 9 03-02-2011 Date 41.1 r/�02-fi ,Liiiru I. la 2 >>1 (No, Wive/ sr, 7 ,1 alAio ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDtYYYY) 3/4/2011 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 tEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. MPORTANT: 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 Church & Casualty Insurance Agency Inc 3440 Irvine Ave Suite 150 Newport Beach CA 92660 INSURED CORNERSTONE CHURCH OF SAN DIEGO 1920 SWEETWATER RD NATIONAL CITY CA 91910 CONTACT Yolanda Barron NAME: fAIC. No Exn: (800)995-7525 ' W No). (800/ 995-7521 E-MAIL Yolanda@churchandcasualt com EDDRLSS: Y• PRODUCER 00006760 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Church Mutual Insurance Co 18767 INSURER B : INSURER C : INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:CL10123045428 REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY REISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I OCCUR X 0168013-02-089070 7/5/2009 7/5/2012 EACH OCCURRENCE $ 1,000,000 _.. _ Xrence) NT PRE S (Ea PREMISESMAGR o occurrD $ 300r 0 00 ] CLAIMS -MADE 1 X MEOEXP(Any one person) $ 10, 000 PERSONAL & ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE I IMIT APPLIES PER: PRODUCT S - COMP/OP AGO $ 1,000,000 X POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA MB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) H yes, describe under DESCRIPTION OF OPERATIONS Y / N N / A WC STATU- OTH- TORY LIMITS ER E.L EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE $ below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, iI more space is required) Evidence of insurance for Church Easter Egg Hunt located at Kimball Park, 12th Street & °D° Avenue, National City, CA on April 23, 2011. Certificate holder is named additional insured but only with respect to the activities of the Named Insured on the above described premises. All activities/operations not specifically ran/or conducted by the Named Insured are excluded. CERTIFICATE HOLDER CANCELLATION City of National City 140 E 12th St National City, CA 91950 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 J Taheri Kenari/JANIC ACORD 25 (2009/09) INS025(2009os) The ACORD name and logo are registered marks of ACORD ©1988-2009 ACORD CORPORATION. All rights reserved. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Easter Egg Hunt at Las Palmas Park DATE OF EVENT: April 23, 2011 TIME OF EVENT: 11 a.m. to 3 p.m. APPROVALS: NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] DEVELOPMENT SERVICES 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 ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE All three are approved by Finance. No Stipulations POLICE The PD does not have any stipulations for any of these TUPs DEVELOPMENT SERVICES speakers used in conjunction with amplified sound shall be directed away from neighboring residential uses FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through booth 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) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 31/4`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. See Attached 7) Internal combustion power sources that may be used for This event shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away stage area 9) Internal combustion power sources that may be used shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all rides, cooking areas, game booths, etc. 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall he $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. 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. See Fire Marshal for required explanation. 13) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies 14) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. See Attached 15) First Aid will be provided by Cornerstone Church of San Diego personnel. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($100.00) dollars. 17) Inspection Is Required. Please see Fire Department for fees and required permit. 18) Fire Department fees can only be waived by City Council. 19) Page 4 describes the venue as Kimball Park. This needs to reflect the correct venue (Las Palmas) If you have any questions please feel free to contact me. RISK MANAGER (619) 336-4300 Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured. PUBLIC WORKS (619) 336-4580 1) We will turn off the irrigation 2) They will do clean up 3) They need to keep vehicle off the grass CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO.4 EM TITLE: TEMPORARY USE PERMIT —National City Chamber of Commerce's Taste of National City on May 6, 2011 at Brick Row Heritage Square from 4 p.m. to 7 p.m. This is a National City Co -Sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: NeighbertlDjod Services Division APPROVED BY: This is a request from the National City Chamber of Commerce to conduct the Taste of National City event at Heritage Square on May 6, 2011 from 4 p.m. to 7 p.m. This event will include food booths, community organization booths, live music entertainment, City's information trailer, raffle prizes, award recognition, Sweetwater Mariachi band, Audio Visual System and Honorable Mayor Ron Morrison will address guests. This event requires a street closure of 'A' Avenue at Plaza Boulevard and 9th Street area on May 6, 2011 at 10am to allow for booth set up and equipment entry. Streets will re -open at 10pm. The applicant requires the use of a City stage and the PA system. event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver iees up to the amount of $1,000.00. This event is a City co -sponsored event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $1,097.70 for Public Works fees, and NPDES inspection $57.20. The Co -Sponsored fee waiver is $1,000. Total fees to pay: $1,391.90 (not including the co-sponsorship) 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 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Iication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade Motion Picture Event Title Event Location f �R - • +'ry, tr.!, ,� 3-Fr., �� Vf� 9lQt� l�F >n� 'taw+:="+.4'i atr��s+s' ".#ar41.:; K+'�i`'`'} 74.1.1 t Ziolr 14t. Fair Actual Event Hours:2.00 am/ to ] •O5 am kFestival X. Community Event Demonstration Circus _ Block Party Grand Opening ~t Other » 1-6. }I rx Annual I( e .--1�'th c 3 ` `rx c. S-tkpaVo.k Via:. t\;C t9So Event Date(s) From OJ ' i to Of.latc ((I Total Anticipated Attendance: 306 M nth/Day/Yea ( SO Participants) (ZSO Spectators) Setup/assembly/construction Date: OS104 Start time: jZ er -up Please describe the scope of your setup/assembly work (specific details): ‘)1-hg, 414' ,Ac:joth --111Sh,119ptcx(t ; dk<Cpia1 %VANMS 1-0 1.41/4}U , kc�1 4kttiK1 \Y, ct } i LI tl+a \Alt -�'c 1 v 'rti;tnm;. 1glack sl-t�t s i-4,9r,�1au Ctt4Q. Dismantle Date: °Stabil i Completion Time: q .36 am/6 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. ` GiTQ ?RAtnAn uvo4 �ti to cAvk �1 �Y\d ( 1.caa i , f '1\ .k1. 4 �� t' 1� b. Y 9 1� Ci \ Ott i t V -cO Ri- t t QM c4kil � lkri Ism f 4 4 Jk' % eft r •i• ..-.T'pptt;; e�1 ....s W �' 4+eK •� +. {r+-y.'tt+r 7 f -.nm -. » .f0. ♦.T 4W .: �l�i� yN-� �p. ,trs -f W reup'i..'i�+a h a��4at.-..+.: iecf �f i 4 i�vd}y� t a, ••N'�YI YE a.Y .10..-J . {R .,T ..r 1'. 'S.q P Yrf -) t :1 3 „,.... 2 f r1 Sponsoring Organization: ,\If\W NIcio,A,yruen For Profit i( Not -for -Profit Chief Officer of Organization (Name) AV' OW L . Applicant (Name): IT \\WI L. pkij ( Address: CAM \( illp y 6�\;A , 1V 11k-Yis �v t;1 , `t%,V l. Daytime Phone: & t1) q- )-2,b31 Evening Phone (W) J't MJ1I Fax. ( l) V—()I Contact Person "on site" day of the event: U.SOI\K\ \. .. Pager/Cellular:UI\kI Y\& U1Y11-1 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? —�' )( YES _ NO If YES, please explain the purpose and provide amount(s): o UVSIy Tf s rfi-1,1T5.011A:4.t lvlh i - OVA 1 1 s.kSt rtv� -)yr`; ,1 �c 9 t oAtA sl� 0 Tp �E 10 �4blim5 c�� iC1d�i Asir 12115. Q I -far u&s $ t , n o Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 06 Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 'K0+E%i'-..�' V . 1-; dtr.& y- • 1. • AT�.. �S>.}. '' i r.- r t w.Y •frvifit+.�pLs{.4'--aPGd.+.•-9 , . a:4. , L-- ...... H ,....,.a.. ?•- �h• '---... �P4.n..-m Wr{t-aiµ^ .c ..R... Y •.. P°� Y'%`, h.in roi....we.h.••r'1...i, 7h•H •a.ti r'a-V %.4.4r. 1-.n.h. W*""'!". ta#r"!.;.'-, ,,i'�-*.v •.I.t•L ;1 • :sp- y 1-r. W�'^4r,-...1i�.rrT7.a. $._4.-2a....1.:?'..ys-213:-isY•rsw `'t'1N.?:• :.- 3di TPA` r«-Ih r 1 r *� �:�' .41 1. 1. +' a at sat rr-anyj - ra~ r..wii- .:hK 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 informa on about the event V ` f ► ' : t �i • ��.: lit► �►� tr t► 1 1 t 1 i:l.a lt. •+ M:‘an�m� 5 it rrncw,bvz, VAS r13 �tiNINI \ ? , Sw o �� me \aQ\\- k\y,t� Ati" h:p t i '� , S Qhc� 1� it ?(rr Ik\gilirwm AMA YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 1\i I P) 2 ai*�. $`,�+'A faf µi ^eT`Vie`•%••'^aJ"tfL�iba'w.,`r1 f Plii w+�,�'i.''.�•'w�nn?f�^r�' �` v * Y r Av. .,�• wf, 4,� r v -e ,{va��,6�S, .e z'N a•1j�+-T C'T�.a .+. ue ark .l l er± y �•: rt pa ,w? + �ti1c6F wa.t�r s N�M'e'' ph 441 ..., 23.i « t-aR+F .v.c . �M'w 'r+a���. _ YES % NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES /A 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. XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event_ ' ` YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies c r) Sizes I -6 x (3 NOTE: A separate Fire Department permit is required for tents or canopies. r1 YES NO Will the event involve the use of th ity stag pr( system) In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intenq 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: 2, (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 (1.-Fcstouz� Z chairs } c)v bc�a{h i ZYsrr rS�ral, �. -{--0(otA'C.6p lam, 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 (7._CI bZ5SMA3 Scaffolding, bleachers, platforms, stages, g andstands or related structures Vehicles and/or trailers (.0 'S ir1 ) btt,A) 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.) ,1??�� Number of trash cans LA-0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: nvd-em ti\k( ns oW �tc 1, km vt,i-k.%432�'ary bah c � l 6\ Please describe your procedures for both Crowd Control and Internal Security: k.toy ac4, c cnml, YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES _ NO Is this a night event? If YES, please state how the event and surrounding area ill be illuminate to ensurg ety of th particip is nd ec tors: is , l t i not t'St % y-A Please in icate what arrangement you h ve made fo roviding First Aid Staffing and Equipzit. ONRl c SltD CAW 4�t� ODYY19Yt ll VrZb\<1C'. .&M Please describe your Accessibility Plan for access at your event by individuals with disabilities: I ase pro de a detailed descripti n of your P KI G pl n: * i u\c (�)1 11C>; 6A 4 6'' lease describe your plan for DISABLED P , RKINQ 1 lW/)) 6 ycltirvI (��''Q, a a+ MAR ci s i cth ei I'1,U 4 aria sic � �t Jnmio NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. Please describe your plans to notify all residents, businesses and churches impacted by the A cji) R‘r1Qr.NAN Willawop " #F,. Rtt7�tf �Y$ %MsT,+r.' i P• 3.t. rr r ,rat pr r ...r,: 00.1 M 7F p•q .• . r . .r F •Y.N+f'Y-...••'r•.�.-„ H. '!r-. c�.. .. .. •1— Wf' w eh+.`hi'P ti ns�W A•*•'Rrr,.. •-.••Fw.ta•--+a. • W• . r r. 1!4 t. 6 e. A.� . h •< 1 ,. . .aK P... #S'.• �p'iNC HH.o s+Va,46,,, t.W " '1'...-. 3V . TA. Ns .a-NaayA �...w Wi 4+`+ ty� � H+t 'c'R-ro 4r+• A•AAaa'4.eF�aiio Pe+8rP v.Y 4y+..?.� ..a..;x �a.�y ,ter •..+ •xw.A y+ .>.- L- •4 a . ! T• !if .'h r --R # + -. �eesia•-'" rR�''il �e 'il#'.-.x.J ; r 'a'h3'r'�ryf. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 0 Number of Bands: .2 X YES NO YES NO YESX NO Type of Music: A\AanQchi cw 1 tally\ JQZZ Will sound amplification be used? If YES, please indicate: Start time: 04 a .' Finish Time + 0b 3m/0 Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 06 am/' Finish Time 3 • S 0 am/Jm Please describe the sound equipment that will be used for your event: 1 Fireworks, rockets, or other pyrotechnics? If YES, please describe: X_ YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe. bQNv \YSCA.\\.4- V.16 Q1' \Ct -161M. Revised 08/10/05 1 Event: For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization n\ C OfariAy ChTMO Person in Charge of Activity (� ikl �1rn� [ . Address °01 NI 4LrA l\�yi 1 �. �1�t'i �p q� Telephone � k\06 �1 t 33" i Date(s) of Use` — & 1 *I [Q t (VUI g)Ic\o-lo 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 Official Title Date For Office Use Only Certificate of Insurance Approved Date REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the spo sorrng orgy i tion Svc VNIA10 Type of Organization �tl�V�UM Ir(� p��Qn11� (Service Club, Church, Social Service Agency, etc. J 3. Will the event generate net income or proceeds t the sponsoring organization? � Yes (Please proceed to Question 4) i <1 No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes lease pro idea a planation and details. AMMAr NA J� d 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 (Ple se pr vide an expl n tion and details. lEi 4x K1) WIT& oKI MACS No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Taste of National City DATE OF EVENT: May 6, 2011 TIME OF EVENT: 4 p.m_ — 7 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY 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 [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 A NPDES Inspection is needed, at a cost of $57.20 per hour. (OT Rate). A litter fence will need to be installed. When Invoicing, please let Finance know that the above amount should be deposited to Account #001-06029-3147, to ensure the Revenue is credited to the Engineering Division of Development Services NEIGHBORHOOD SERVICES (619) 336-4364 Organizers must provide businesses on the surrounding area with written notification of the date(s) and time(s) of your event. A copy of the notice must be provided to Neighborhood Services Division. COMMUNITY SERVICES The Taste of NC is not on City property. RISK MANAGER (619) 336-4232 Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured. Also, the Hold Harmless section of the agreement is not signed. FIRE (6I9) 336-4550 Stipulations required by the Fire Department for this event arc as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire Lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) Provide 2A:10BC fire extinguishers in the food areas. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example 5) Provide a 2A:10BC fire extinguisher at stage/band area. Extinguisher to be mounted in a visible location between 3'/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 6) If tents or canopies are used, tents having an area in excess of 200square 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. 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 7) Canopies (10x10's) can be grouped together and are not to exceed four in a group (400 square feet). A separation of 10 feet shall be required between groups of four (400 Square feet). If canopies grouped together exceed 400 square feet, a charge and permit will be required by the National City Fire Department prior to the event. Please contact the National City Fire Department for requirements. 8) Internal combustion power sources (Generator) that may be used for the event shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Fueling shall be performed prior to beginning of event. 9) Internal combustion power sources shall be isolated from contact with the public by ether physical guards, fencing or an enclosure_ Internal combustion power shall be at least 20 feet awav from tents and people. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 12) First Aid will be provided by organization 13) Fees can only be waived by City Council. PUBLIC WORKS (619) 336-4580 Street Division 1 _ Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post "no parking" signs along affected streets before the event. 3_ Staff will install provided banners on National City Boulevard/Mile of Cars (1800 Block and 3100 Block) 4. The cost to provide Street personnel support for this event is estimated to be $608.52. • Man hours • Overtime hours • Equipment • "No Parking" signs • Barricades • Banners • TOTAL 2hrsx$32.57 2 x $48.86 2x $19.09 12 x $0.45 ea 6x$0.35ea $ 65.14 97.72 38.18 5.40 2.10 400.00 $ 608.54 Parks Division • Parks staff will clean area prior to event. • No stage or PA needed from PW Parks per conversation with Jacqueline Reynoso at Chamber of Commerce • Organizers need the Community Services PA system. Facilities Division Estimated costs to provide facilities personnel is estimated to be $480.66. • Electrician OT hrs 8 hrs x $33.32/hr • 2 Custodians OT hrs 2 x 5 hrs ea x $22.26/hr • TOTAL 266.56 222.60 $ 489.16 Fees Unless waived by the City Council, the applicant shall pay $1,290.85 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $ 608.54 (account #001-422-221-102) Facilities Division $ 489.16 (account #626-422-223-102) Total: $1,097.70 CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 22 EM TITLE: TEMPORARY USE PERMIT — Lions Club 67`h Annual Independence Day Carnival sponsored by the National City host Lions Club Lions Club at Kimball Park from June 30, 2011 to July 4, 2011. This is a City co- sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigherl 9b ervices Division APPROVED BY: This is a request from the National City Host Lions Club to conduct the 67th Annual independence Day Carnival at Kimball Park from June 30, 2011 thru July 4, 2011. The carnival's hours are as follows: June 30 from 5pm to 11 pm, July 1 from 5pm to 11 pm, July 2 " from 12pm to 1 pm, July 3 from noon to 12am, and July 4 from noon to 11 pm. The carnival will include carnival rides, games, food booths, the Blood mobile, Diabetes screening, talent show, watermelon eating contest, youth activiities, community displyas, and a fireworks display. Bands and other amateur and professional entertainment will be present. The applicant requests the use of the City's stage for the carnival and the PA system. Applicant has requested to close D Avenue from 12th Street to the entrance to the park's parking lot. Closure will be from 8am June 27th to 10am July 6th. 's event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of 000.00. However, since this is a five day long City -sponsored event, it may be appropriate to consider a $1000/day or W.,,000 reduction. In the past, the City used this procedure for this event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP, plus $1,104.00 for the Fire Permits, $14,990.74 for Public Works, and $926 for Community Services staff. This is a co -sponsored event eligible for a $1000.00 co-sponsor credit for each day of the event, An NPDES inspection fee of $57.20 per hour. Total Fees are $17.314.94 (not including the snonsorshin) 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 and approve the waiver of fees in the amount of $5,000.00, as was granted for last year's event. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: plication 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: Lions Club EVENT: Annual Independence Day Carnival DATE OF EVENT: June 30, 2011 thru July 4, 2011 APPROVALS: COMMUNITY SERVICES RISK MANAGER DEVELOPMENT SERVICES PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] NO [ ] YES[x] NO[ ] YES j x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [xj NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 I looked through the TUP. The carnival runs Thurs — Monday and Monday is the 4th of July. If we adjust GET and C Squad to work Friday thru Monday we should have the busiest days covered with little or no overtime. The first day, Thursday, should be slow enough maybe we can have Reserves and swing shift cover. In the TUP under security is states NCPD will provide security plan utilizing SVP, Explorers and Reserves. This should be removed as those folks will only be supporting the police officers that will be staffing the real security plan. It should read: "NCPD will provide security plan utilizing Police Officers as primary security supported by auxiliary personnel such as SVP, Explorers and Reserve Officers. Given the current financial challenges facing the City, NCPD as in 2010, will utilize little or no overtime to staff the event by adjusting shifts and utilizing on -duty personnel to maximum efficiency." NCPD request to use the Kimball Park Rec Center as the Police staging area and Command Post. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Fire Department Permit is required for the fireworks display. Permit to be requested and all necessary information provided to the Fire Department a minimum of 14 days prior to the event. Permit fee is five hundred two ($502.00) dollars. Fees can only be waived by the City Council. 2) Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. Pyrotechnic operator shall possess a valid pyrotechnic operator license. 3) Minimum six hundred ($602.00) dollar after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. Additional hours after the first two hours shall be billed at $301.00 per hour 4) 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 7) All cooking booths to have one 2A:1OBC. 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. 8) Provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 10) Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 11) Fire Department access into and through the booth areas are to be maintained at all times. 12) Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 13) Fire Hydrants shall riot be blocked or obstructed. EVENT INFORMATION Type of Event: Carnival, Event Title: National City Host Lions Club 67th Annual Independence Day Carnival Event Location: Kimball Park for the carnival and the Miss National City Pageant and the parade route, Civic Center and Wilson Street & and into the parking lot. Event Date(s): From 06/30/11 to 7/05/11 Total Anticipated Attendance: 20,000 Month/Day/Year (1,000 Participants) 119,000 Spectators) Actual Event Hours: Carnival June 30, from 5pm to llpm July 2'd, 12pm to 11 pm Jul 4th from Noon to llpm July 1, from 5pm to llpm July 3`d, from Noon to 12pm Setup/assembly/construction Date: 6/27/11 Start time: 7:00 am Please describe the scope of your setup/assembly work Set-up carnival rides and booths, set-up of food and deli booths, move in stage, setup and fence off fireworks area and move in additional dumpster and port -a -potties Dismantle Date: 7/6/11 Completion Time: 4:00 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. We will need to close D Avenue from 12th Street to the entrance to the park parking lot, Closure will be from 8:00 am June 27th to 10:00 am July 6t°. APPLICANT AND SPONSORING ORGANIZATION INFORMATION Sponsoring Organization: National City Host Lions Club For Profit XX Not -for -Profit Chief Officer of Organization (Name) Sam DeRuntz Applicant (Name): Vince Reynolds Address: 805 Manning Way, San Diego, CA 92154 Ce11:(629)708-6431 Day:(619)423-3627 Res: (619)477-5006 Fax: Contact Person "on site" day of the event: Vince Reynolds E-mail: vincedepaul@coxm. net Pager/Cellular: (619)962-3756 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND 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): Venders rent kitchen and deli booths, rent is free to $300.00 $45,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $20,000.00 Estimated Expenses for this event. $25,000.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this 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. National City Host Lions Club will sponsor the annual Independence Day Carnival and Fire works in Kimball Park from Wednesday June 30th through July 4th. This event will include: Carnival rides Carnival games Food booths The Blood mobile Diabetes screening Talent show Watermelon eating contest Youth activities Community displays Fire works display Bands and other amateur and professional entertainment. xx YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 OVERALL EVENT DESCRIPTION CONTINUED YES XX NO Does the event involve the sale or use of alcoholic beverages? XX YES NO Will items or services be sold at the event? If yes, please describe: Carnival rides & games and food booths 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 XX YES site map showing all streets impacted by the event. NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 30 Sizes 8' X 12' G 15' x 15' NOTE: A separate Fire Department permit is required for tents or canopies. XX YES NO Will the event involve the use of the City stage or PA system? Both 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: Food booths will be run by local non-profit organizations,ie churches, youth and civic organizations and service clubs If you intend to cook food in the event area please specify the method: XX GAS ELECTRIC XX CHARCOAL OTHER (Specify): * Portable and/or Permanent Toilet Facilities Number of portable toilets: 20 (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) 19 regular , one H/C, and two wash stations * 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: 20 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: .A 40 c/y dumpster rented by NCHLC will be located in the west parking lot. We will have 3 to 5 persons picking up trash and emptying trash cans. 3 SAFETY/SECURITY/ACCESSIBILITY Please describe your procedures for both Crowd Control and Internal Security: Security Plan will be by NCPD, utilizing the Senior Volunteers, the Police Explorers and reserve police. XX YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: To be determined as required by the security plan Security Organization Address: Security Director (Name): Phone: XX YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Park lights and lights from the carnival rides and booths. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. We will utilize 911 if an emergency occurs. For minor cuts and bruises we will have first aid kits at the Lions Train and at the carnival office. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Park grounds and sidewalks. There will an additional H/C toilet in addition to the park rest rooms. PARKING PLAN/MITIGATION OF IMPACT Please provide a detailed description of your PARKING plan: We will utilize existing street and nearby -public parking lots. Please describe your plan for DISABLED PARKING: We will utilize the handicap parking spaces at the towers and the public parking lots. 4 PARKING PLAN/MITIGATION OF IMPACT Please describe your plans to notify all residents, businesses and churches impacted by the event: Notification letters will be sent to all businesses and residents in the park area. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ENTERTAINMENT/ATTRACTIONS AND RELATED EVENT ACTIVITIES XX YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: Unknown at this time Type of Music: Various XX YES NO Will sound amplification be used? If YES, please indicate: Start time: Noon Finish Time 12:00 am _ YES XX 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: City owned stage, with city and private sound system XX YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Independence Day fire works on the 4th of July starting at 9:00pm for about 20 minutes, one of the best fire works in the county!! XX YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Carnival area and booths will be decorated in a patriotic manner. We may employ street banners and/or light standard banners in our advertising campaign. Revised 08/10/05 5 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 National City Host Lions Club Person in Charge of Activity Sam DeR1IntZ Address1243 Manchester Street, National City, CA 91950 Telephone (619) 479-8165 cell: (619) 962-3756 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Event Chairperson Official Title Date For Office Use Only Certificate of Insurance Approved Date: 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? XXX 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: National City Host Lions Club Type of Organization: Service club (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? XXX 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. XXX 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. XXX 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? XXX Yes (Please provide an explanation and details. Any profits from this event will be donated to various National City organizations and programs or used in our sight programs 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: XXX No (Please sign the form and submit it with the TUP Application) Signature Date 9 COMMUNITY SERVICES This is a City co -sponsored event, so is eligible for waiver of fees up to $1000/event day. CSD will need a booth at the Fair, and will have to provide staff as follows: 6/30 Noon-5p 6/30 5p-11p. 7/1 5p-11 p 7/2 Noon-llp 7/3 Noon-12p 7/4 Noon-1 l p 7/4 11 p-12p 5 hours to set up x 2 people x $10/hour = $100 6 hours x 1.5 people x $10/hour = $90 6 hours x 2 people x $10/hour = $120 11 hours x 1.75 people x $10/hour = $193 12 hours x 1.75 people x $10/hour = $210 11 hours x 1.75 people x $10/hour $193 one hour tear down x 2 people x $10/hour = $20 Total staff costs from CSD general fund budget: $926 Total staff time: 93 hours Note: this does not cover staff time/costs involved with the Miss National City pageant. 14) Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. Note: Total fee amount for all Fire Department permits is one thousand one hundred four dollars ($1,104.00) dollars. Fees can only be waived by City Council DEVELOPMENT SERVICES A NPDES Inspection is needed, at a cost of $57.20 per hour (OT Rate). A litter fence will need to be installed. When Invoicing, please let Finance know that the above amount should be deposited to Account #001-06029-3147, to ensure the Revenue is credited to the Engineering Division of Development Services. A traffic control and detour plan shall be submitted, paid for, and approved, prior to the event sct-up. PUBLIC WORKS 336-4580 Streets Division 1. Staff will barricade affected streets and remove them when the event is over 2. Staff will post "no parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $259.45. a. Standard Hrs 6 X $32.57 = $ 195.42 b. No Parking signs 45 X $0.45 = $ 20.25 c. Equipment 2 X $19.09 = $ 38.18 d. Barricades 16 X $0.35 = $ 5.60 e. Total cost for event $ 259.45 Parks Division 1. The event organizers shall provide nighttime security for the Park and City equipment for the duration of the event. 2. The event organizers shall provide a trash dumpster for the event. 3. The event organizers shall provide 20 portable toilets. 4. The cost to provide park maintenance personnel for this event is estimated to be $13,065.29. • Set-up Stage 4 hrs @ $155.25/hr, 5 staff = $ 621.00 (Stage set up for event 4 hr minimum regular time) • Break -down stage 4 hrs @ $155.25/hr, 5 staff $ 621.00 (Stage break down 4 hrs minimum regular time) • Event OT 200.5 hrs @ $46.58/hr = $ 9,339.29 (Staff will work every night and day during event) • Clean regular hrs 80 hrs @ $31.05 = $ 2,484.00 (Clean up Park on Tuesday, 7/5, after event, 8 staff 8 hrs each) • Set-up on Wednesday 6-29, 5 staff 4 hrs normal hourly rate • Thursday 6/30 from 5 PM -11 PM, 2 staff (12 hrs OT) • Friday 7/1, 7 AM - 3:30 PM, 2 staff (17 hrs OT) • Friday 7/1, 5 PM -11PM, 3 staff (18 hrs OT) • Saturday 7/2, 7 AM — 3:30 PM, 2 staff (17 hrs OT) • Saturday 7/2, 3:30 PM — 11:PM, 3 staff (22.5 hrs OT) • Sunday 7/3, 7 AM — 3:30 PM, 3 staff (25.5 hrs OT) • Sunday 7/3, 3:30 PM - 12 Midnight, 3 staff (25.5 hrs OT) • Monday 7/4, 7 AM — 3:30 PM, 3 staff (25.5 hrs OT) • Monday 7/4, 3:30 PM — 11 PM, 5 staff (37.5 hrs OT) • Breakdown and clean up of park Tues 7/5, 6 AM — 4:30 PM, 8 staff (80 hrs normal hourly rate) Facilities Division The cost to provide Facilities Maintenance staff support for this event is estimated to be $1,666.00 Electrician 40 hrs OT x $33.32 = $ 1,332.80 Plumber 10 hrs OT x $33.32 $ 333.20 Total Cost $ 1,666.00 Fees Unless waived by City Council, the applicant shall pay $19,301.09 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $ 259.45 (Acct #001-422-221-102-0000) Parks Division $13,065.29(Acct #105-442-000-102-0000) Facilities Division $ 1,666.00 (Acct #626-422-223-102-0000) Total: 14 990.74 CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager RISK MANAGER Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured. Also, the Hold Ilarmless section of the agreement is not signed. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO.23 EM TITLE: TEMPORARY USE PERMIT - National City & Eugene Amano Football Camp at El Toyon Field on July 16, 2011 from 9 am to 2 pm sponsored by the City of National City Community Services Department and the Eugene Amano Foundation with a request for waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh F1jbod Services Division APPROVED BY: This is a request from the City of National City Community Services Department to conduct the Eugene Amano Football Camp at El Toyon field on July 16, 2011 from 9 am to 2 pm. This event is a partnership between the City of National City, Sweetwater High, and the Fred Amano Foundation to provide a free one -day football clinic for National City's youth. This event will include football drills, techniques as well as an education component to encourage youth to continue their education. The clinic will also include free t-shirts, food and drinks for all participants. Clean up for this event will be performed by the volunteers. Security will be provided by the volunteers from the Fred Amano Foundation, NFL players, City staff, and the Sweetwater football coach. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237 for processing the TUP through various City departments. Total fees are $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 with waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ilication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade Motion Picture Fair _ Demonstration Grand Opening Event Title: Event Location: / 1 1?' tal Event Date(s): From I& If to 7 (%f /i ►/ Total Anticipated Attendance:3 7' onth/DayP4ar I (?( Participants) ( Spectators) _ Festival _ Community Event Circus \ Block Party Otherrpc -W ri\\ ( n'p Actual Event Hours: Pkid pm to ? am415::) Setup/assembly/construction Date: 711C/ 11 Start time: Please describe the scope of your setup/assembly work (specific details) tp Ind (kcic 9x))-ha,l t Nu or ► I I -k' Tg 1 OPn3, C- Dismantle Date: 7/1(o II I Completion Time: 5 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. kV fit Sponsoring Organization: e,iNoev1\1ai-fey1al C`N Chief Officer of Organization (Name) YK'O.. VV9e-s Applicant (Name): 3eti ' 'tC( 01 Address: I LAC) E j 2. - 54- , 5L u TG ' Daytime Phone:(rg11)3 _LIZ vening Phone: L J ('u)2L Contact Person "on site" day of the event: For Profit x Not -for -Profit Ootinp Fax) 3362 _ L17 IZ cc l Q. Sal Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS I act ofitiIr( Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? YES NO if YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 'finite Pe n (1.( h Ice.74-teen su.v-Loak-ex- ick th,e- Awmanf T:t +i Y in 'Po) ic\c 9c - Acl PcMaa.11 c'a i c' (- Lall'ey a 001,1 gcuk €y -J- tAm in elude -1t cx.. 1. (WI Its and chn (,crS us wet( as avi ecT(1+1 ni2 f,i - -1- c .cu want e rirtAth -to Cow H (,&L SVc•f, Pre6 (Mulct c\zirol Y fan1 YES NO If the event involves the sale of cars, will the cars come exclusively from National City c r dealers? if NO, list any additional dealers involved in the sale: 11pc 2 _ YES /NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES /NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES -' NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: • Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 0 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public • during the event) ➢ Tables and Chairs • Fencing, barriers and/or barricades Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ▪ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security:(k (IJ \ 1 L Y11,0e t )olt P Woin the FtPA At'Y Vri tvt1(thO?, \ e YES- ENO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES -NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment_ `lYer.e to 11 t nnbr)(W The. clsc ,� r O GO -Or saC( `711ct 90r rP -roc UC)1Ut�l ►(i r9 +WYrre -} p p�v\t�e �+r�k c7u1 e lease describe your Accessibility Plan for access at your event by individuals with disabilities: O (e, 1r�rxa ;eo ).xx,,' w� YPOZ).-Th.ft C YO no yrrr1 caylCvrq Feld - Please provide a detailed description of your PARKING plan: 1\ X . Ode fL Nr .1) IC) a - El Tata/ S'- th OS weJt 1 0.3 YleaYl A - Yee -A- pan »x Please describe your plan for DISABLED PARKING:, ' '.x e Dom \nocI l-k f crky 'WocKAYY1 N'cAs \I 4 Please describe your plans to notify all residents, businesses and churches impacted by the even �tfef c I11 te' c1,t' hr1ViA t8 , 1 rcrA YP ..oh , 2610. ► �. rx _ 1 c y . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES / NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music Number of Stages: Type of Music: YES 410 Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES /NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Ckl EI To dryoh l �I Revised 08/10/05 5 Event: For Office Ilse OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization OA c JO tc a \ Person in Charge of Activity �gS` CCk l .\(5se,` Address RUC) E. 1Z± c _ sc)u,Ve Telephone 33(Q— yZ Date(s) of Use 7I 110,/ 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 Applic PtC V C0-t� Official Title kver'l)ic3C (10 I i t 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? V Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. N me of the sponsoring organization Cikc o kW-0(111 ORA Type of Organization c' )(OCC,( [', . .Y0 (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. Ni No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. Nl 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: �•11 A Signature No (P lease sign the form and submit it with the TUP Application) 7i110 It f 9 Date CITY OF NATIONAL CITY NEIGBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: City of National City's Community Services EVENT: Eugene Amano Football Camp DATE OF EVENT: July 16, 2011 TIME OF EVENT: 9 a.m. to 2 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4250 No comments. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager COMMUNITY SERVICES The Amano Football camp is coordinated by City staff. STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 5th, 2011 AGENDA ITEM NO. 24 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $242,379.33 to the City of National City for the period of 2/16/11 through 02/22/11 PREPARED BY: I1K. Apalategui PHONE: 1619-336-4331 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 $242,379.33 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: Warrants for the period of 2/16/11 through 02/22/11 NA- IzirCO$pORATED Ty COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #34 2/22/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT DTSC PROJECT CODE: 401294 (SM) NCPW YARD 240513 2/22/11 1,302.03 FEDEX EXPRESS MAIL COURIER SERVICES/CDC 240514 2/22/11 44.72 NATIONAL CONSTRUCTION RENTAL FENCE RENTAL-1640 E PLAZA BLVD/PALM 240515 2/22/11 790.70 SAN DIEGO HABITAT FOR HUMANITY DDA / HABITAT FOR HUMANITY REIMB 240516 2/22/11 128,520.00 SWEETWATER AUTHORITY WATER UTILITIES FOR CDC 240517 2/22/11 44.50 COUNTY OF SAN DIEGO MAIL PROCESSING / 12/16/10-1/15/11 240538 2/22/11 273.59 HARRIS & ASSOCIATES INC 8TH ST SMART GROWTH -DESIGN 240557 2/22/11 21,205.03 SMART SOURCE OF CALIFORNIA LLC CAFR BOOKS 240592 2/22/11 289.74 STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES 240597 2/22/11 29.81 SECTION 8 SECTION 8 HAPS PAYMENTS Start Date End Date 2/16/2011 2/22/2011 l'ROLL Pay period Start Date End Date Check Date 4 1/25/2011 2/7/2011 2/16/2011 A/P Total $ 152,500.12 8,805.58 81,073.63 GRAND TOTAL 5 242,379.33 :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 5th, 2011 AGENDA ITEM NO. ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $753,338.51 to the City of National City for the period of 2/23/11 through 03/01/11 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 $753,338.51 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A kCHMENTS: vvarrants for the period of 2/23/11 through 03/01/11 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #35 3/1/2011 PAYEE BEARD DESROCHERS GEOSYNTEC CONSULTANTS POWER PLUS SDG&E TIERRA WEST ADVISORS INC UNITED STATES TREASURY CITY OF SAN DIEGO STANDARD & POOR'S FIN SERVICES SECTION 8 CTION 8 HAPS PAYMENTS DESCRIPTION REIMB-SMART GROWTH CONFERENCE RETIREE HEALTH BENEFITS MAR'11 ENVIRONMENTAL CONSULTING SVCS EQUIPMENT RENTAL (POWER POLES) GAS AND ELECTRIC UTILITIES AGREEMENT WITH TIERRA WEST ADV CIVIL PENALTY TIN 95-2558328/12-31-06 ENTERPRISE ZONE ADMIN / 1 & 2 QTR BOND - ANALYTICAL SVCS Start Date 2/23/2011 End Date 3/1/2011 CHK NO 240613 240614 240615 240616 240617 240618 240619 240635 2/25/11 AMOUNT 197.13 110.00 550.79 195.00 267.34 17,522.50 4,563.82 24,250.00 AIP Total $ 47,656.58 23,000.00 682,681.93 GRAND TOTAL $ 753,338.51 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 5, 2011 AGENDA ITEM NO. 26 ITEM TITLE: PUBLIC HEARING; Community Development Commission of National City Section 8 Rental Assistance Division, Public Housing Agency Plan, Annual Plan for Fiscal Year 2011 and the Section 8 Administrative Plan; and authorizing the submittal of the PHA Plan to the U.S Department of Housing and Urban Development Community Development PREPARED BY: Hermi Oliveria DEPARTMENT: Housing and Grants PHONE: Housing Programs Manager 'ectiam (619) 336-4259 APPROVED B EXPLANATION: See attached report FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. There will be no fiscal impact as a result of APPROVED: this action. ENVIRONMENTAL REVIEW: Not Applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Conduct the Public Hearing; and Public Notification: A Public Hearing Notice was published in the required. BOARD / COMMISSION RECOMMENDATION: Not applicable. as legally 'ACHMENTS: 1. Notice of Public Hearing 2. Proof of Publication NOTICE OF PUBLIC HEARING Community Development Commission Of National City Section 8 Rental Assistance Division Public Housing Agency Plan Annual Plan for Fiscal Year 2011 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC Section 8 Rental Assistance Division will hold a public hearing on April 5, 2011, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. Public testimony can be heard on the proposed Public Housing Agency Annual Plan for Fiscal Year 2011, and Section 8 Administrative Plan. On or about February 20, 2011, the referenced plans and policies will be released for a 45-day public review and comment period. The Public Housing Agency (PHA) Plan is a comprehensive guide to a public housing agency's policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan; the Five -Year Plan, which each PHA submits to the U.S. Department of Housing and Urban Development (HUD) once every fifth PHA fiscal year; and, the Annual Plan which is submitted to HUD every year. The Section 8 Administrative Plan is the governing document for the Housing Authority's administration of its Section 8 program. The referenced documents and supporting documents will be available for public review after February 21, 2011 at the following locations: Community Development Commission Of National City Section 8 Rental Assistance Division 140 E. 12th Street, Suite B National City CA 91950 City of National City - City Halt City Clerk 1243 National City Blvd National City CA 91950 City of National City Main Library 1401 National City Blvd National City CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 5, 2011, to: CDC Section 8 Rental Assistance Division Attn: Hermi Oliveria 140 E. 12th Street, Suite B National City CA 91950-3312 Phone: (619) 336-4254 Fax: (619) 477-3747 DATED: February 2, 2011 Brad Raulston Executive Director Date of Publication: February 19, 2011 r GU-1 1 -cC IS I U, • Cfl 1,L31 1• t iLl P.D. BOX 222E NATIONAL CITY, CA 91950 BILL TO CDC of National City Section 8 Rental Assistance Div. Attn: Sonia Caravantes 140 E. 12th St., Suite B National City, Ca. 91950 Invoice DATE INVOICE # 02/17/11 10 0258-11 All Payments should be made to The Filipino Press and are Due Upon Receipt RECEIVED FEB 17 2011 13Y: �� + DESCRIPTION RATE AMOUNT Ad "Notice of Public Hearing"1 for Feb. 19 -25, 2011 Publication date Note: Tearsheet publication enclosed $ 150.00 $ 150.00 TOTAL $ 150.00 NOTICE OF PU LIC HEARING Community Development Commission Of National City Section 8 Rental Assistance Division Public Housing Agency Plan Annual Plan for Fiscal Year 2011 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC Section 8 Rental Assistance Division will hold a public hearing on April 5, 2011, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. Public testimony can be heard on the proposed Public Housing Agency, Annual Plan for Fiscal Year 2011, and Section 8 Administrative Plan. On or about February 20, 2011, the referenced plans and policies will be released for a 45-day public review and comment period. The Public Housing Agency (PHA) Plan is a comprehensive guide to a public housing agency's policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan; the Five -Year Plan, which each PHA submits to the U.S. Department of Housing and Urban Development (HUD) once every fifth PHA fiscal year; and, the Annual Plan which is submitted to HUD every year. The Section 8 Administrative Plan is the governing document for the Housing Authority's administration of its Section 8 program. The referenced documents and supporting documents will be available for public review after February 21, 2011 at the following locations: City of National City - City Hall City Clerk 1243 National City Blvd National City CA 91950 Community Development Commission Of National City Section 8 Rental Assistance Division 140 E. 12th Street, Suite B National City CA 91960 City of National City Main Library 1401 National City Blvd National City CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 5, 2011, to: CDC Section 8 Rental Assistance Division Attn: Hermi Oliveria 140 E. 12th Street, Suite B National City CA 91950-3312 Phone: (619) 336-4254 Fax: (619) 477-3747 Brad Raulston Executive Director NOTICE OF PUBLIC HEARING Community Development Commission Of National City Section 8 Rental Assistance Division Public Housing Agency Plan Annual Plan for Fiscal Year 2011 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC Section 8 _Rental Assistance Division will hold a public hearing on April 5, 2011, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. Public testimony can be heard on the proposed Public Housing Agency Annual Plan for Fiscal Year 2011, and Section 8 Administrative Plan. On or about February 20, 2011, the referenced plans and policies will be released for a 45-day public review and comment period. • The Public Housing Agency (PHA) Plan is a comprehensive guide to a public housing agency's policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan; the Five -Year Plan, which each PHA submits to the U.S. Department of Housing and Urban Development (HUD) once every fifth PHA fiscal year; and, the Annual Plan which is submitted to HUD every year. The Section 8 Administrative Plan is the governing document for the Housing Authority's administration of its Section 8 program. The referenced documents and supporting documents will be available for public review after February 21, 2011 at the following locations: Community Development Commission Of National City Section 8 Rental Assistance Division 140 E. 12th Street, Suite B National City CA 91950 City of National City - City Hall City Clerk 1243 National City Blvd National City CA 91950 City of National City Main Library 1401 National City Blvd National City CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 5, 2011, to: CDC Section 8 Rental Assistance Division Attn: Hermi Otiveria 140 E. 12th Street, Suite B National City CA 91950-3312 Phone: (619) 336-4254 Fax: (619) 477-3747 DATED: February 21, 2011 Brad Raulston Executive Director Date of Publication: February 24, 2011 ttte San alicgo. i� iiiou tibu 4 S 1 N +�.� i■ iw $.T t!R`R.i,NNNE IF R% i!1 `s SAN DIEGOa•- P.O. Box 120191, SanDiegb, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF NATIONAL CITY ENGINEERING DEPT. 140 EAST I2TH STREET, SUITE A ATTN:SONIA CARAVANTES NATIONAL CITY, CA 91950-4300 STATE OF CALIFORNIA) ss. County of San Diego) The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union -Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with theinstructions of the.person(s) requesting.pablication, and not in any supplement thereof on the following dates, to wit: Feb 24, 2011 Chie erkfor the Publisher Affidavit of Publication of Legal Advertisement Ad # 0010485953 ORDERED BY: SONIA CARAVANTES mon ia new Cahtmonay Development Curnmiisim Of Natnonat*ity Seen/ink Rental AsslltianrDivision PublietlnaSIte Antalci, Plot Amual'Finn fee F btal Year-2011 'Sett forill" Adntindirativ$Ptm NOTICE 15 HEREBY' DIV E Hthat• ate.aeard of CUramissiope.s at the CDC Sectrm 9- Rental'At2L+lrmfe DI. vision' will 'Bold atiio- ac:friarima an :Acril 5, 2911:.at(.:09;. p:m..' h the Naliuiial CRYCoua- r a : a.arnhirg. 1ucat8? d' 1243, National City. Boulevard; National City,- California... Pl1' Ile testimony on be Beard on'11t9 mono29d Pubac -Hasina Anna cyMrniat Plan for' Fi} eel Y9ar201f„and5q - Ilan: x ,Aemh ovt'F runny Onoetli th;Fgti: nroriced plans, the Sel- Breneaill be andpo9 faitwill be released faro 15.aaq'pab91c i& vlow'arid comment pa yfaa: The --Public Nw9hte A6eney': (PHA)'PIa0-B as'. comprehensive 'Wide toa'Oft lchaus- vie aeeriCYs'.pollcitis, prod ra mz`aaerat ions, and et/Mettles for inie1 Md. local-Nwsfne 'needs' bme. "anelfk to tfte re PHA are Ptau:„tWo Ole. Five -Yea r. ftlu f,; vbidf eah'. PHA •iutmlts- to the US. Deportment of H001Uie,me {titian De491oprgenr THUD) tilde -Wary fifth PHA focal: -Pear and, 1hi. n.sot 'Plan tejdch 1s su" lteg.foHUD•tt- 'erv.ti9ar. 1hd 5,cflon Adminlstrativw:' Pk1.. ri'tlp 9oveminypl daCV- nmaid for the-Hoos1n Aettitrllybadmrn.irlra- flm.tll Its 5e01o1e't?rP .Froth: ,'the;raiereoc9d dont. mend .nits 2MMIdi POar1inst -akfletatenbe av torpapllerry view after' Ff.va*- II/261Paf Ibe foliose - inn m ntldnan Community DeUelanntent Cat9umissiul 5ecfigtm 1 RenmlN Ass tic,* °NOM lse E. 121H•SIra91. National ity cA91150 City of National • CIty Clteralt Cif/ Clerk' Hal B1t 0LClty National CayCA 91950 Cityof•Notfmd City Male-Liira'ryy.- I491 National -City Blvd' Notional l'Cif/CA 9195e Written Comments may.ppee sutralIted,prb or•IOYtie public"tttl?f- dent. conntrine day...0 On, 1 perlut Apr115 ..011;tit ab6Ql ARH151911, to: CDC Section; Rental•Asilltence DNfslm ANn:Herml )IFItiin .... Ue: E1. neiStrae( Nail ntt CIfrCA 9195W112 Kermit 16191 MA -fie. Fur.:(619) 47743747 DATED: February 2,2011 arm Raulstun E re0t Iva -:Director Date of Pnrb6aalimrt: February 19,2011 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT ETING DATE: April 5, 2011 AGENDA ITEM NO. 27 TTEM TITLE: Resolution of the Community Development Commission of the City of National City approving the Public Housing Agency Annual Plan (PHA) for Fiscal Year 2011, and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban Development Community Development PREPARED BY: Hermi Oliveria DEPARTMENT: Housing and Grants, PHONE: Housing Programs Manager Section 8 Program (619) 336-4259 EXPLANATION: APPROVED BY See attached report FINANCIAL STATEMENT: ACCOUNT NO. There will be no fiscal impact as a result of this action. • ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED. Finance APPROVED. MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1. Background Report 2. Resolution 3. PHA Annual Plan for Fiscal Year 2011 was distributed via email in pdf format to Council on February 21, 2011; is available on the website and at: City Clerk's Office, National City Library • and the Section 8 Rental Assistance Division office. RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE PUBLIC HOUSING AGENCY ANNUAL PLAN (PHA) FOR FISCAL YEAR 2011, AND AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act ("QHWRA") requiring housing authorities to prepare and submit a Public Housing Agency Annual Plan; and WHEREAS, the PHA for Fiscal Year 2011 provides details regarding the Community Development Commission of the City of National City's (CDC's) strategy for immediate operations, program participants, programs, and services; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires a Public Hearing to be held in order to receive public input; and WHEREAS, on April 5, 2011, a Public Hearing was held for review and recommendation by the public of the proposed Public Housing Agency Annual Plan for Fiscal Year 2011; and WHEREAS, the Housing and Community Development Committee ("HCDC") has reviewed the PHA for Fiscal Year 2011 for any significant amendments or modifications. NOW THEREFORE BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Public Housing Agency Annual Plan for Fiscal Year 2011. BE IT FURTHER RESOLVED that the City Council hereby approves the submittal of the PHA for Fiscal Year 2011 by the Executive Director to the U.S. Department of Housing and Urban Development (HUD). A copy of said PHA Plan is attached hereto. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 Background: The Section 8 Rental Assistance Program was enacted as part of the Housing and Community Development Act of 1974, which re -codified the U.S. Housing Act of 1937. The Act has been amended from time to time, most recently on October 21, 1998, with the passage of the Quality Housing and Work Responsibility Act (QHWRA.) The requirements of the Housing Act(s), .as they apply to the Section 8 Tenant -Based Assistance Program and the Housing Choice Voucher Program, are described in and implemented through the Administrative Plan. Administration of the Section 8 Program and the functions and responsibilities of the Housing Department staff shall be 'in compliance with the Housing Department's Personnel Policy and the U.S. Department of Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State and local Fair Housing laws and regulations. The Housing Department will comply with any and all subsequent regulatory and statutory program changes. The Administrative Plan is set forth to define the Housing Department's local policies for operation of the housing programs in the context of Federal laws and regulations. All issues related to Section 8 not addressed in this document are governed by such Federal regulations, HUD memos, notices and guidelines or other applicable law. The revisions to the current Administrative Plan will update the policies in accordance with the most recent published QHWRA requirements. CHAPTER 3 ADD: Language re: PHA prohibition of Medical Marijuana use NEW ADMISSIONS Based on federal taw, new admissions of medical marijuana users are prohibited into the PH and HCV programs. The Quality Housing and Work Responsibility Act (QHWRA) of 1998 (42 U.S.C. §13661) requires that PHAs administering the Department's rental assistance programs based on the illegal use of controlled substances, including state legalized medical marijuana. State laws that legalize medical marijuana directly conflict with the admission requirements set forth in QHWRA and are thus subject to federal preemption. CDC will deny admission for any families under this penalty. CURRENT RESIDENTS For existing residents, QHWRA requires PHAs to establish occupancy standards and lease provisions that will allow the PHA to terminate assistance for use. of a controlled substance. CDC will deny assistance to or terminate individual medical marijuana users. The family may choose to remove the member who uses medical marijuana rather than deny or terminate the entire household, for both applicant and existing residents when appropriate. 1 Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 CHAPTER 3. The FDA has approved drugs for medical uses which are comprised of marijuana synthetics, such as Marinol and Cesamet. These drugs are not medical marijuana and are legal under federal taws. These products have been through the FDA's rigorous approval process and have been determined to be safe and effective for their indications. They are therefore allowed in the public housing and voucher programs. Pages 3 — 3 & 3-4 ADD: Language re: PHA prohibition of Medical Marijuana use (continued) CHAPTER 3 Homeless An applicant is considered homeless if the applicant Tacks a fixed, regular and adequate nighttime residence and can provide verification that their nighttime residence is: 1. A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or 2. A public or private place that provides temporary residence for individuals intended to be institutionalized (not incarcerated); or 3. A public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings. Homeless applicants who meet the criteria described above must provide proof of homelessness. Examples of such proof include certification of homeless status from a public or private facility, including Transitional Housing, that provides shelter for such households; a copy of an arrest record for vagrancy or illegal lodging from the local police department; or other documentation that can be obtained from any social service agency that provides services to the homeless. Page 3-7 ADD: Language re: Eligibility criteria: for Homeless ADD TO CHAPTER 3: CHART re: Prohibition Periods for Some Offenses for Applicants and Participants (page 3 — 12) ADD TO CHAPTER 3: CHART re: Social Security Documentation (page 3 — 13) 2 Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 ADD TO CHAPTER 3: CHART re: HUD VERIFICATION OF SOCIAL SECURITY CARD NUMBERS ON E.I.V. SSN submitted on form HUD-50058, and transmitted to enable HUD to initiate its computer matching (page 3 —16 ADD TO CHAPTER 3: CHART re: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 AND 5-10] (page 3 —18) CHAPTER 4: REVISE LANGUAGE RESIDENCY PREFERENCE: This preference applies to families who live, work or has been hired and paid to work, in the jurisdiction of the CDC. Voluntary work is not counted as an acceptable preference. Acceptable documentation includes two or more of the following documents that indicate the current reported resident or employment address: • Copy of Lease Agreement and three most recent rent receipts, cancelled checks or money order receipts • A California driver's license or California ID in conjunction with copies of recent bills sent to the address. • Families who claim to work in the jurisdiction of the CDC must provide copy of paycheck stubs that indicate the location of the place of employment or third party verification that indicates the place of employment. Page 4 - 14 CHAPTER 4: REVISE LANGUAGE HOMELESS PREFERENCE: An applicant is considered homeless if the applicant Tacks a fixed, regular and adequate nighttime residence and can provide verification that their nighttime residence is: o A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or o An institution that provides temporary residence for individuals intended to be institutionalized (not incarcerated); or o A public or private place not designed for, or ordinarily used as, a regular place for human beings. 3 Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 CHAPTER 4: REVISE LANGUAGE Homeless applicants who meet the criteria described above must provide certification of homeless status from a public or private facility that provides shelter for such households, or from the local police department, or any social service agency that provides services for homeless people. Applicants who are homeless due to residing in a transitional housing program must provide a letter from the transitional program's sponsoring agency documenting the applicant's participation and readiness to maintain an independent tenancy. Page 4-15&16 VERIFICATION OF LEGAL IDENTITY Copies of the birth certificates for all family members must be on file, and only when that cannot be provided, will the following documents be temporarily accepted as proof of identify, birth, and residency: OR Picture ID will be required of all adult household members, including live-in aides. Verification for adults includes one of these forms: Naturalization papers (cannot be copied — use document viewed statement) Dept. of Motor Vehicles ID card U.S. military discharge (DD 2.14) Current, valid driver's license Legal driver's license U.S. passport Company/agency ID Health and Human Services ID Social Security Card Certificate of Birth If a minor cannot provide a birth certificate, one of the following may be substituted temporarily: Acceptable INS documentation Adoption papers Custody agreement Health and Human Services ID 4 Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 School records U. S. passport Page 4 - 16 ADD TO CHAPTER 13 VAWA Language — final rule VERIFICATION OF A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, OR STALKING The Violence Against Women Reauthorization Act of 2005 (VAWA) provides that "innocent" family members cannot be denied admission or terminated from the program for criminal activity, lease violations, or other good cause if the violations were as a direct result of a family member being the victim of domestic violence, dating violence, or stalking, unless the housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property. VAWA gives PHAs the authority to terminate assistance to any individual who is a participant or lawful occupant who engages in criminal acts of physical violence against family members or others without evicting, removing, terminating assistance or otherwise penalizing the victim of such violence who is also a participant or lawful occupant. The PHA will, upon appropriate verification, terminate or deny the offender's program eligibility while allowing the victim to continue to be eligible for assistance. • The victim must agree in writing to exclude the offender from the assisted unit and certify that the perpetrator will not be permitted to visit or to stay as a guest in the assisted unit. To verify the party is a victim in one of the above categories, the CDC must receive a completed certification form and third party documentation to support the certification. The certification and documentation must be received by the CDC within 14 calendar days of receipt of the CDC's request. The following supporting documentation is acceptable as long as it includes the period of time the violent act(s) occurred and if the act(s) were directly related to the violations: o Police reports or court records documenting the domestic violence, dating violence, or stalking o Statement from a professional with expertise in working with victims of domestic violence who was working with the 5 Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 ADD TO CHAPTER 13 VAWA Language — final rule CHAPTER 14 ADD: Language re: PHA prohibition of Medical Marijuana use program participant o A certification from the victim by itself is not sufficient documentation but must accompany one of the above sources of documentation. The deadline for return of documentation of victim status will be 14 days from the date the request is received by the family. All information provided to the CDC regarding domestic violence, dating violence, or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence and may neither be entered into any shared database nor provided to any related entity, except to the extent that the disclosure is: ■ requested or consented to by the individual in writing, required for use in an eviction proceeding, or is otherwise required by applicable law. To verify that the acts pose an actual and imminent threat to other tenants or those employed at or providing service to the property, the CDC would collect any one of the following: • A statement under penalty of perjury • A restraining order • An arrest record Page 13 — 9 & 10 NEW ADMISSIONS Based on federal law, new admissions of medical marijuana users are prohibited into the PH and HCV programs. The Quality Housing and Work Responsibility Act (QHWRA) of 1998 (42 U.S.C. S13661) requires that PHAs administering the Department's rental assistance programs based on the illegal use of controlled substances, including state legalized medical marijuana. State taws that Legalize medical marijuana directly conflict with the admission requirements set forth in QHWRA and are thus subject to federal preemption. CDC will deny admission for any families under this penalty. CURRENT RESIDENTS For existing residents, QHWRA requires PHAs to establish occupancy standards and lease provisions that will allow the PHA to terminate assistance for use of a controlled substance. CDC will deny assistance to or terminate individual medical marijuana users. The family may 6 Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 CHAPTER 14 ADD: Language re: PHA prohibition of Medical Marijuana use (continued) choose to remove the member who uses medical marijuana rather than deny or terminate the entire household, for both applicant and existing residents when appropriate. The FDA has approved drugs for medical uses which are comprised of marijuana synthetics, such as Marinol and Cesamet. These drugs are not medical marijuana and are legal under federal laws. These products have been through the FDA's rigorous approval process and have been determined to be safe and effective for their indications. They are therefore allowed in the public housing and voucher programs. Page 14-8 ADD TO CHAPTER 14 ADD TO CHAPTER 14 EVIDENCE OF CRIMINAL ACTIVITY The Violence Against Women and Justice Department Reauthorization Act protects qualified tenants and family members of tenants who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them (refer to Chapter 13, page 13-9). Page 14-10 PROCEDURE FOR INFORMAL HEARING Families may, during or before the hearing: • At least seven (7) days from the date of the Notice of Informal hearing, examine, and request copies at the family's expense *, any unprivileged documents in the file that are directly relevant, as determined by the CDC, to the issues to be considered at the hearing which form the basis for the CDC's action, and all documents submitted to the hearing officer. (* copy fee: $1.00 for first page, $0.15 for each additional page) Page 14 —18 7 Community Development Commission Of The City of National City Agenda Statement Addendum April 5, 2011 ADD TO GLOSSARY OF TERMS USED IN NON -CITIZEN RULE ASYLEES means an alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year. Page G - 29 The community and the Housing and Community Development Commission (HCDC) committee, acting as the Resident Advisory Board, were given an opportunity to review and comment on the proposed plan. No recommendation and comment were received regarding the proposed plan. Staff recommends that the Community Development Commission Board consider the adoption of the attached Resolution approving the revisions to the Section 8 Administrative Plan; and authorizing the submittal of the plan to the U.S. Department of Housing and Urban Development. 8 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE: April 5, 2011 AGENDA ITEM NO. 28 �M TITLE: Resolution of the Community Development Commission of the City of National City approving the revisions to the Section 8 Administrative Plan, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development PREPARED BY: Hermi Oliveria �r PHONE: Housing Progra s Manager (619) 336-4259 EXPLANATION: See attached report Community Development DEPARTMENT: Housing and Grants Section 8 Program APPROVED BY. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. There will be no fiscal impact as a result APPROVED: MIS of this action. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1. Background report Resolution Section 8 Administrative Plan was distributed via email in pdf format to Council on February 21, 2011; is available on the website and at: City Clerk's Office, National City Library and the Section 8 Rental Assistance Division office. Community Development Commission Of The City Of National City Agenda Statement Addendum April 5, 2011 Background: The U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Section 8 Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that is required by HUD for jurisdictions using federal funds for housing and community development, the attached plan provides a planning mechanism by which the Community Development Commission (CDC) can examine its Tong -range needs and short term needs. Specifically, the Plan identifies the needs of the families that it serves and develops both long-term strategies (i.e. Five -Year Plan) and short-term strategies (i.e. Annual Plan) for addressing the needs. The Annual Plan provides details about the CDC's immediate operations, program participants, programs and services. This Plan also identifies the CDC's strategy for handling operation concerns, resident's concerns and needs, programs and services. The community and the Housing and Community Development Commission (HCDC) committee, acting as the Resident Advisory Board, were given an opportunity to review and comment on the proposed plan. No recommendation and comment were received regarding the proposed plan. RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE REVISIONS TO THE SECTION 8 ADMINISTRATIVE PLAN, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act (QHWRA) notifying housing authorities to adopt and amend an Administrative Plan, including local policies for admissions and continued participation in accordance with the new HUD requirements; and, WHEREAS, the Community Development Commission's Section 8 staff has developed, revised, and reviewed said Administrative Plan for any significant amendments or modifications, and posted the Administrative Plan with the changes on the City's website, and made it available at the City Clerk's Office, National City Public Library, and Section 8 Office. NOW THEREFORE BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the revision of the Section 8 Administrative Plan, as set forth in that document dated April 5, 2011, and authorizes the submittal of said Plan to the U.S. Department of Housing and Urban Development. Said Plan is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Mayor ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel 15C0- Community Development Commission of National City Section 8 Rental Assistance Division PUBLIC HOUSING AGENCY PLAN Annual Plan for Fiscal Year 2011 140 E. 12th Street, Suite B National City CA 91950 (619) 336-4254— Telephone (619) 477-3747— Facsimile www.nationalcityca.gov PHA 5-Year and Annual Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 4/30/2011 1.0 PHA Information PHA Name: COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY PHA Code: CA116 PHA Type: ❑ Small D High PHA Fiscal Year Beginning: (MM/YYYY): Performing ❑ Standard 07/2011 0 HCV (Section 8) 2.0 Inventory (based on ACC units at time of FY Number of PH units: beginning in 1.0 above) Number of HCV units: 1044 3.0 Submission Type Only ❑ 5-Year Plan Only ■ 5-Year and Annual Plan 17 Annual Plan 4.0 PHA Consortia ❑PHA Consortia (Check box if submitting a joint Plan and complete table below.) Participating PHAs PHA Code Program(s) Included in the Consortia Programs Not in the Consortia No. of Units in Each Program pH HCV PHA 1: PHA 2: PHA 3: 5.0 5-Year Plan. Complete items 5.1 and 5.2 on y at 5-Year Plan update. 5.1 Mission. State the PHA's Mission for serving the needs of low-income, very low-income, and extremely low income families in the PHA's jurisdiction for the next five years: N/A 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very low-income, and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. N/A 6.0 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: N/A (b) Identify the specific location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan. For a complete list of PHA Man elements, see Section 6.0 of the instructions. SEE ATTACHMENT 6.0(b) 7.0 Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project -based Vouchers. Include statements related to these programs as applicable. 8.0 Capital Improvements. Please complete Parts 8_ I through 8.3, as applicable. 8.1 Capital Fund Program Annual StatementfPerformance and Evaluation Report. As part of the PHA 5-Year and Annual Plan, annually complete and submit the Capital Fund Program Annual Statement/Performance and Evaluation Report, form HUD-50075.1, for each current and open CFP grant and CFFP financing. 8.2 Capital Fund Program Five -Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund Program Five -Year Action Plan, form HUD-50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five -Year Action Plan. 8.3 Capital Fund Financing Program (CFFP). ❑ Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Ilousing Factor (RIIF) to repay debt incurred to finance capital improvements. Page 1 of 2 form HUD-50075 (4/2008) 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant -based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. N/A 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual Plan submission with the S-Year Plan. N/A 10.0 Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5- Year Plan. N/A (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of significant amendment" and "substantial deviation/modification" NIA 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD-50075), PHAs must submit the following documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD-50070, Certification for a Drug -Free Workplace (PHAs receiving CFP grants only) (c) Form HUD-50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) (d) Form SF-LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) (e) Form SF-LLL-A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) (t) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (li) Form HUD-50075.1, Capital Fund Program Annual Statement/Performance and Evaluation Report (PHAs receiving CFP grants only) (i) Form HUD-50075.2, Capital Fund Program Five -Year Action Plan (PHAs receiving CFP grants only) Page 2 of 2 form HUD-50075 (4/2008) Community Development Commission of National City (CDC) 2011 Agency Plan 6.0(b) — Specific locations where the public may obtain copies of the Annual Plan: The PHA Plan is available on our website at www.nationalcitvca.gov and at the below listed offices: Community Development Commission of National City Section 8 Rental Assistance Division 140 E 12th Street, Suite B National City, CA 91950 City of National City — City Hall City Clerk 1243 National City Boulevard National City, CA 91950 City of National City Public Library 1401 National City Boulevard National City, CA 91950 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 5, 2011 AGENDA ITEM NO. 129 ITEM TITLE: Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute an Agreement with Union Bank, N.A., for banking and custody services, and authorizing the Executive Director to execute all other related documents as deemed necessary. PREPARED BY: ;Jeanette Ladrido, CPA DEPARTMENT PHONE: 1619-336-4331' APPROVED B EXPLANATION: See attached report. FINANCIAL STATEMENT: ACCOUNT NO. 511-404-045-299-0000 APPROVED APPROVED: Finance MIS Funds are available in the referenced account in the amount of $20,000. If necessary. funds will be transferred within the departmental operating budget to cover additional fees. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Chairman to execute the agreement with Union Bank, N.A., and authorize the Executive Director to execute other related documents as deemed necessary BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: 1. Resolution 2. Implementation schedule 3. Banking Services Agreement 4. Public Entity Resolution Background In 2005, the Community Development Commission (CDC) entered into a Banking Agreement between the CDC and Welts Fargo Bank. The CDC has been satisfied with the service from Wells Fargo Bank during its 6 year relationship. However, the banking industry and related technologies have changed since 2005, and the apparent need to provide efficiencies and cost savings in today's economic climate made it necessary to issue a request for proposals (RFP) for banking and custody services. With the merger of the CDC with the City of National City, it was also necessary to bring both organizations under the same banking relationship. Having two different banking relationships created repetitive, duplicative demands on staff in areas such as bank reconciliations, repayments between the CDC and the City and more importantly, increased banking fees. Consolidation of banking services would promote more effective and efficient banking services. On September 9, 2010, the City and CDC opened a RFP for banking and custody services and accepted proposals through October 4, 2010. A four -member committee, which consisted of the City Treasurer, the Assistant City Manager, the Director of Finance and the Financial Services Officer, reviewed the proposals and interviewed and ranked the financial institutions. The minimum qualifications for the financial institutions to meet were: • Be a federally or State of California chartered financial institution. • Be a member of the Federal Reserve System and have access to all services. • Be a qualified depository for public funds. • Be a full service bank in good standing among other comparable banks. • Be capable of providing the services sought by the City and the CDC. • Have an established office within the City limits. • Agree to assign experienced and dedicated staff who is committed and capable of servicing our accounts. • Be in compliance and good standing with the Community Reinvestment Act. • Be sufficiently capitalized to accommodate our cash/investment management needs. The CDC and the City received three proposals from the following hanks: Bank of America, Union Bank and Wells Fargo Bank. The committee interviewed all banks and evaluated each using the following criteria: • Financial Strength of the bank and the ability of the bank to protect and collateralize City/CDC deposits • Cost to the City/CDC and ability to guarantee pricing for the contract period • Quality of references and overall experience with public agencies • Qualifications and strength of the relationship management team • Ability to offer product and service enhancements and • Location of bank offices 1 Union Bank was ranked first overall by the committee. The pricing proposed in the RFP was significantly lower than the other banks. Union Bank committed guaranteed fixed pricing for five years and provides a $3,000 allowance to offset the cost of implementation. The management team is committed to quarterly customer service visits and is readily available in downtown San Diego. The bank also provided suggestions and specific services for improvement in areas of the City's cash management practices (remote deposit check processing and payee positive pay). The current annual analysis charge for the CDC is approximately $20.000. The CDC does not utilize the credit card processing very often and therefore the credit card fees are minimal. It is estimated that the conversion of banking services would be approximately 6-8 weeks and will include the following phases: establish an implementation team, documentation preparation, technical implantation and training. Union Bank staff will be on site working with implementation members and City staff will receive webinar or telephone training. Attached is Union Bank's conversion plan to transfer banking services. Recommendation: Approve the agreement with Union Bank and authorize the Executive Director to execute other related documents as deemed necessary. 2 RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH UNION BANK, N.A., OF CALIFORNIA TO PROVIDE BANKING AND CUSTODY SERVICES, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL OTHER RELATED AGREEMENTS, AS DEEMED NECESSARY WHEREAS, in 2005, the Community Development Commission of the City of National City ("CDC") approved a Banking Agreement between the CDC and Wells Fargo Bank; and WHEREAS, the banking industry and related technologies have changed considerably since 2005, and the apparent need to provide efficiencies and cost savings in today's economic climate made it necessary to issue a Request for Proposals (°RFP") for banking and custody services; and WHEREAS, with the merger of staff of the Community Development Commission of the City of National City ("CDC") with the City of National City, it is more effective and efficient to bring both entities under the same banking relationship for banking and custody services; and WHEREAS, of the three proposals that were submitted, Union Bank's pricing was significantly lower, the bank committed guaranteed fixed pricing for five years, and will provide a $3,000 allowance to offset the cost of implementation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with Union Bank, N.A., of California for bank and custody services. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Executive Director is authorized to execute all other related agreements in furtherance of the banking and custody services, as deemed necessary. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia G. Silva CDC General Counsel Tab I - Conversion A. Describe a conversion plan to transfer assets of the City and the CDC to your financial institution. Please include a dollar amount that the bank will include as a "conversion allowance" for the implementation and set up costs. Union Bank places great emphasis on providing high -quality, personalized service to government agencies. We place an equal importance on a seamless transition of banking services from other financial institutions and have extensive experience at transitioning public agencies to Union Bank. To ensure that you'll have a smooth transition to Union Bank, we will provide you with a team of professionals who have in-depth knowledge of all operational aspects of our services_ This team, who is thoroughly versed in all operational aspects of the Bank's services, will support you during and after the implementation process. Union Bank will offer the City and CDC a $3,000.00 conversion allowance to mitigate the cost of implementation, set-up costs for treasury management services and initial deposit and check stock supplies. The implementation plan will include the following phases and steps. Implementation Team • Introduce implementation team • Define roles and responsibilities • Develop and distribute a formal implementation plan to all parties • Coordinate implementation meetings on an on -going basis Documentation Preparation • Complete transmission protocol worksheet • Provide specifications • Agreements, signature cards, and all required documents Technical Implementation • Establish all requirements • Establish testing requirements for transmissions • File format testing Training • Coordinate details of the start-up with your Relationship Manager • Train your staff on services via Webinar training • Provide appropriate reference materials as an ongoing reference • Respond to your processing questions on an ongoing basis • Provide follow-up training as needed During the implementation and conversion phase, the Bank will provide the necessary training and reference materials as needed. Union Bank does not charge for the training for our proprietary products and services we implement for the customer. Any follow-up webinar or telephone training coordinated and administered by our treasury, management specialists is provided at no cost to the City. 39 UnionBank For Web services, training is generally completed via telephone because no software installation is required. We provide WebEx online (Webinar) training led by Union Bank treasury management specialists. 'these Webinars are designed to show the City how to use our online services and how you can benefit from our cash management products' robust features. Webinars are hosted daily, so the City can attend at your convenience, and last no more than an hour. SAMPLE IMPLEMENTATION PLAN FUNCTION INITIAL IMPLEMENTATION MEETING RESPONSIBILITY• • Review current and proposed account structure, services and processes • Discuss timeline and responsibilities for an implementation plan • Create a detailed implementation plan specific to the City's requirements ■ Set "Start" date ACCOUNT SET-UP Complete all service and legal agreements City of National City & CDC and Randy Ungersma City of National City & CDC and Randy Ungersma Provide the City with document checklist Randy Ungersma Provide file specifications Carolyn Swafford Provide current -year budget and Financial Information (CAFRs for three (3) years) City of National City & CDC Provide daylight overdraft requirements and ACH lirnits City of National City & CDC Identify deposit and cash vault supply needs and place order Randy Ungersma and CCSti ACCOUNT SERVICES Open accounts Randy Ungersma and CCSU Test checks for all accounts (City to provide checks for testing) City of National City & CDC and Carolyn Swafford Complete transmission testing Carolyn Swafford Set up all cash management account services TRAINING Identify training requirements and schedule on -site training dates Carolyn Swafford City of National City & CDC, Randy Ungersma, and Carolyn Swafford Complete implementation of all services Randy Ungersma Start Services Provide ongoing training as needed Randy Ungersma Post implementation review: Randy Ungersma • All services implemented • Account Analysis • Answer questions • Implementation Survey This sample implementation plan illustrates the major components required for the conversion of the City's banking services to Union Bank. Upon award of the contract, the Bank will work with the City to develop a detailed and customized implementation plan to meet your specific requirements.' throughout the City's relationship with the Bank, we will continue to provide training as needed. 40 11 Union Bank B. What lead-time do you expect will be necessary before the conversion begins? The services being used by the City and CDC can comfortably be converted to Union Bank within 60 days. When the City notifies the bank of the award we will assemble our transition team for an in -person meeting with the City's transition team for an initial implementation meeting. Roles and responsibilities for the Bank and the City will be defined and new accounts forms will be originated. A complete package of new account documentation will be created for the City and new bank account numbers will be identified and delivered. Implementation steps for treasury management services include: • Receiving and completing the Terms and Conditions Agreement, Funds Transfer Authorization, Master Funds Transfer Agreement and Security Procedures, and the Web wire worksheet. • Implementing your services based on your requirements • Mailing the SecurID tokens to you • Scheduling an appointment for phone and/or on -site training (if necessary). Training is not required for the Web channel. • Scheduling testing which required for initiating wires. Testing time may vary depending on format type. • After the Bank receives and confirms the setup documentation, all steps are generally completed within three to five business days, depending on the complexity of the implementation. Transmission time may vary, depending on the transmission method selected. C. Indicate your plans for educating and training the City employees in the use of your systems. The Bank places a high level of attention on quality training of the City's personnel on an on- going basis. We recommend City employees enroll in our Free Webinar training sessions that are available throughout the month for all of our Web Treasury Management Services. When a web user logs into the Online Business Center there is a convenient link to "Webinar" training. When the user clicks on that link a calendar will open up that presents all the available product training that is available for that month. Private Webinar training sessions can also be arranged for group settings of City employees. 41 UnionBank AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND UNION BANK, N.A. THIS AGREEMENT is entered into this 5th day of April, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY_ a municipal corporation (the "CDC"). and Union Bank, N.A., a Financial Institution (the "CONTRACTOR". RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide Banking and Custody Services. WHEREAS, the CDC has determined that the CONTRACTOR is a Financial Institution and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A" (Banking RFP Bid Sheet and Custody Schedule of Fees). The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the CDC advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Chris Zapata, Executive Director, hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Randy Ungersma, Vice President and Senior Relationship Manager. thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets. accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CDC or the CONTRACTOR shall give to the other written notice. Within ten (l 0) business days, the CONTRACTOR and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTII OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof. as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding 2 City's Standard Agreement — June 2008 revision reproduction, which authorization shall not he unreasonably withheld. The CONTRACTOR shall, upon request of the CDC. execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR's employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees. and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCON'1RACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants. or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and 3 City's Standard Agreement — June 2008 revision Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 1 I. 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 CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex. sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. rates of pay or other forms of compensation, and selection for training, including apprenticeship. 4 City's Standard Agreement — June 2008 revision 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available' sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the CDC, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. This indemnification and hold harmless provision shall not apply when the following two conditions occur: i) the specific transactions and occurrences are governed exclusively by the California Commercial Code; and, ii) this indemnification and hold harmless provision is irreconcilable with the California Commercial Code treatment of such transactions and occurrences. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers. employees. or volunteers, for or on account of any 5 City's Standard Agreement — June 2008 revision 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/$1,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The CONTRACTOR has purchased a $5 mil Umbrella Liability which provides excess liability limits over the CGL. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. 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 CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 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 CONTRACTOR does not keep all of such insurance 6 City's Standard Agreement — June 2008 revision 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 attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. 7 City's Standard Agreement— June 2008 revision D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder. and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 CDC: To CONTRACTOR: Chris Zapata Executive Director Community Development Commission 1243 National City Boulevard National City, CA 91950-4301 Randy Ungersma VP & Sr. Relationship Manager 530 "B" Street, Suite 535 San Diego, CA 92101 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, 8 City's Standard Agreement — June 2008 revision demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. II 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. 'fhe CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 9 Cdy'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. --- Signature Page to Follow --- 10 City Standard Agreement —June 2008 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY UNION BANK, N.A. (Corporation- signatures of tieo corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: By: Ron Morrison, Chairman Randy Ungersma, Vice President By: APPROVED AS TO FORM: Claudia G. Silva (Name) (Print) CDC Legal Counsel (Title) 11 City's Standard Agreement - June 2008 revision b UnionBank CONFIDENTIAL RE: BANKER'S PROFESSIONAL LIABILITY/ERRORS & OMISSION INSURANCE COVERAGE To Whom it May Concern: This is to confirm that UnionBarCal Corporation and Union Bank, NA_ has purchased the captioned insurance coverage as follows: Insurance Carrier: Chartis Specialty Insurance Company (A.M. Best Rating: A / XV) Term: June 30, 2010 to June 30, 2011 Coverage Summary: Errors & Omissions Insurance: Limit: Deductible: This policy indemnifies UnionBanCal Corporation, Union Bank,N.A. and their subsidiaries for loss arising from any claim or claims for any allegedwrongful act in their respective capacities of any employee or of any other person for whose actions UnionBanCal Corporation is legally responsible in rendering or failing to render professional services. $15 Million Primary Coverage $10 Million This lirnit is shared with Directors & Officers Liability and Employment Practices Liability. The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager. Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Union Bank, N.A. has assets in excess of $68 billion. Consistent with other major U.S. banks, it is our risk management practice to purchase commercial insurance for only those risks that would be catastrophic in nature or could pose a serious threat to a corporation of our size. This typically means that insurance is purchased in relatively high limits, excess of significant retention or deductibles, on a broad form corporate blanket policy. Finance Division 400 California Str -e1 San Fr4r,ds,-,, CA-'4104 A rnerrtear of rIUFO, a 9lobat i ean:.inl group Signed Date John M. B Senior Vice Insurance & Tel 415 765 0400 July 1,2010 resident and isk Manager bUnionBank CONFIDENTIAL RE: AUTOMOBILE LIABILITY INSURANCE COVERACF, To Whom It May Concern This is to confinn that UnionBanCal Corporation and Union Bank, N.A. has purchased the captioned insurance coverage as follows: Insurance Carriers: Tokio Marine & Nichido Fire Insurance Company, Ltd. (A.M. Best Rating: A++/ XV) Term: January 1, 2010 to January 1, 2011 Coverage Summary: Automobile Liability Insurance: This policy insures UnionBanCal Corporation, Union Bank, N.A., and their subsidiaries for bodily injury and property damage liability arising from the operation of any vehicles (owned/ non-owned/hired). Limit: $I Million Deductible: $ - 0 - The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager. Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Signed Date Finance Olvision 400 California Street Sar, Francisco, CA 94104 A menber of iluFG, a global financial group Jo • . Bell Senio - ice President and Insurat e & Risk Manager January I, 2910 Tel. 415 765 0400 bUnionBank CONFIDENTIAL RE: COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE To Whom It May Concern: This is to confirm that UnionBanCal Corporation and Union Bank, N.A. has purchased the captioned insurance coverage as follows: Insurance Carriers: Tokio Marine & Nichido Fire Insurance Company (A.M. Best Rating: A++/ XV) Term: January I, 2010 to January 1, 2011 Coverage Summary: Commercial General Liability Insurance: Limit: This policy insures UnionBanCal Corporation, Union Bank, N.A., and their subsidiaries for liability arising out of its premises and operations, Personal Injuries, Fire Damage, Advertising Liability and Contractual Liability. It excludes liability for pollution, asbestos and professional errors & omissions, among others. $ 1 Million General Liability $ 5 Million Umbrella Liability $ 6 Million Deductible: $ - 0 - The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager. Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Finance Division 400 California Street Sao Francisco. CA 94104 menbcr of rkjr(, a glptral financial gnxup Signed John Senior Vice President and Insurance & Risk Manager Date January 1, 2010 Let 415 7,35 0400 II UnionBank CONFIDENTIAL RE: WORKERS' COMPENSATION & EMPLOYERS LIABILITY INSURANCE COVERAGE To Whom It May Concern: This is to confirm that Union Bank, N.A. has purchased the captioned insurance coverage as follows Insurance Carriers: Trans Pacific Insurance Company (A.M. Best Rating: A++; XV) Term: January 1, 2010 to January 1, 201 I Limit: Statutory Coverage A $1 million - Coverage B Coverage Summary: Workers' Compensation & Employers Liability Insurance: Coverage"V eever-e Corporation, Union Bank, N.A., and their subsidiaries under the workers' compensation act of the slates listed in the policy. Coverage B: covers for situation in which employees of UnionB riCal Corporation, Union Bank, N.A, and their subsidiaries not covered under Workers' Compensation laws could sue for injuries suffered under common law liability. The above statements are CONFIDENTIAL and not for wide distribution and the policy coverage is subject to change at renewal. Request for additional information should be directed to the Insurance & Risk Manager. Further, the document is a synopsis of coverage only; the policy contains exclusions and/or limitations not shown here. Finance Civision 400 California Street San Francisco. CA 94104 A roerrioar or ISUF C. e glctrl Form ,&1 grc .,p Signed John `' I "11 Seni . ice President and lnsu . j - & Risk Manager Date January 1, 2010 TssI. 41S 76S 0400 CITY OF NATIONAL CITY RFP BID SHEET DUE 9130(2010 EXHIBIT A UNION BANK, N.A. SERVICE DESCRIPTION UNIT OF MEASURE WELLS Volume BOA Volume COMBINED Volumes Proposed Unit Price $ Extended Proposed Price $ ACCOUNT ANALYSIS --1ACCT MAINTENANCE - WEB PER/ACCOUNT 5 3 8 5.00 40.00 SUBTOTAL ACCOUNT RECONCILIATION DEPOSIT RECON MONTHLY MAIM- PER ACCT/MONTH 0 2 2 20.00 40.00 POS PAY MONTHLY MAINT PER ACCT/MONTH 4 2 6 40.00 240-00 TRANSMISSION ISSUE INPUT -BASE PER/TRANSMISS'N 1 10 11 2.00 22,00 TRANSMISSION ISSUE INPUT -ITEM ITEM 0 663 663 0 02 1326 CHECK PAID TRUNCATED ITEM 225 654 879 0.07 61.53 DEPOSIT RECONCILEMENT - ITEM ITEM 0 42 _ 42 0.00 0.00 OUTSTANDING ONLY REPORT PER/REPORT 2 0 2 2.00 4.00 TRANSMISSION OUTPUT- PER TX $10.00/TRANS - _.- 1 2 3 2.00 6.00 TRANSMISSION OUTPUT - PER I TEM ITEM 233 654 887 0.005 _ 4.44 IMAGE CD - ROM PER/CD ROM 1 0 1 15.00 15.00 IMAGE CHECKS ITEM 231 654 885 0.02 17.70 EXPRESS MAIL DELIVERY PER PACKAGE 0 1 1 5.00 5.00 WEB POS PAY -EXCEPTIONS ITEM 0 1 1 0.20 0.20 SUBTOTAL BUSINESS CHECKING ELECTRONIC CREDIT EACH 14 24 38 0.10 3.80 ELECTRONIC DEBIT EACH 9 8 17 0.10 1.70 BANK STATEMENT WEB EACH 5 3 8 1.00 8.00 ENHANCED FDIC INSURANCE PER /$1000 2,162.0 720.0 2,882 0.00 0.00 FDIC INSURANCE (000's) PER /$1000 2,162.0 970.0 3,132 0.1263 395-57 FICO INSURANCE (000's) PER /$1000 2,162.0 970.0 3,132 0.0083 26.00 SUBTOTAL CHECK PROCESSING UNENCODED COURIER DEPOSIT PER/DEPOSIT 1 10 11 1.60 17.60 ON -US CHECKS SERV. CTR DEPOSIT ITEM 6 1 7 0.03 0.21 LOCAL CLR. IISE./SER_ CTR ITEM 5 766 771 0.04 30.84 LOCAL FED DIST 12-SERV CTR DEP ITEM 9 1 10 0.06 0.60 ENCODING FEE - SERV. CTR. DEP. ITEM 40 766 806 0 03 24.18 OTHER FED - SERV CTR DEPOSIT ITEM 20 1 21 0.10 2.10 SUBTOTAL ACH ORIGINATION DIRECT SEND MONTHLY RASE FEE PER BATCH HEADER 1 1 30.00 30.00 DIRECT SEND CREDIT TRANSACTION ITEM 299 1,804 2 103 0.02 42.06 DIRECT SEND RETURNS FILE ITEM 1 0 1 2.00 2.00 INPUT - DATA TRANSMISSION PER TRANSMISSION 5 3 8 2.00 16.00 ACH WEB MONTHLY BASE FEE PER BATCH HEADER 2 0 2 30.00 60.00 ACH WEB BATCH RELEASE PER/TRANSMISSION 1 0 1 1.00 1.00 ACH CREDIT TRANSACTIONS FIRST 100 FREE, THEN .25 5 0 5 0-00 0.00 NOT; - FAX ITEM 0 5 5 2.00 10.00 SUBTOTAL CASH VAULT SERVICES TELEPHONE ORDER PER/ORDER 0 1 1 5.00 5.00 CURRENCY ORDERED -TELLER FIT (000's) PER/$1000 0.0 0.9 1 1.00 0.90 COIN DEPOSITED NON-STANDARD PER/EQUIV ROLL 0 1 1 0.12 0.12 DEPOSIT - CASH OR COIN ONLY PER/DEPOSIT 0 25 25 1.45 36.25 CURRENCY DEPOSITED -UNSTRAPPED (000's) PER/$1000 0.164 18.400 19 1.20 22 28 SUBTOTAL This document is exempt from public disclosure pursuant to California Government Code Section 6254(K) as that section is further defined by sections 6275 & 6276.44 of said Government Code and by the Uniform Trade Secrets Act (California Code Section 3426-3426.11, inclusive). Please refer to the Government Services Schedule of Fees for additional service fees and charges not identified on the Bid form. 1 bUnion Bank CITY OF NATIONAL CITY RFP BID SHEET DUE 9/30/2010 - UNION BANK, N.A. SERVICE DESCRIPTION UNIT OF MEASURE WELLS Volume BOA Volume COMBINED Volumes Proposed Unit Price $ Extended Proposed Price $ GOVERNMENT CUSTOMER SERVICE COPY OF CHECK -FAX (ONLINE IS FREE) PER/FAX PAGE 0 2 2 0.00 0.00 SUBTOTAL f ELECTRONIC PAYMENT AUTHORIZATION (ACH BLOCKS AND FRAUD FILTERS) EPA MONTHLY MAINTENANCE PER ACCOUNT 2 2 4 10-00 40 00 FPA ACTIVITY REPORT PER ACCOUNT 1 0 1 2.00 2.00 EPA FILTERS PER ACCOUNT 1 0 1 5.00 5.00 SUBTOTAL WEB CHECK IMAGE ACCESS --- SINGLE ITEM QUERY ITEM 0 1 1 0 00 0 00 SUBTOTAL 1 INFORMATION REPORTING WEB PRIOR DAY REPORT ACCOUNT PER/REPORT 5 5 10 20.00 200.00 WEB PRIOR DAY ITEM PRINTED PER/ITEMS PRINTED _ 259 819 1.078 0.03 32.34 WEB CD ITEMS PRINTED PER/ITEMS PRINTED 0 268 268 0.03 8.04 WEB CURRENT DAY REPT ACCOUNT PER/REPORT 5 2 7 20.00 140.00 SUBTOTAL DEPOSITED ITEMS RETURNED DEPOSITD ITEMS RETURND-RECLEAR ITEM 0 3 3 1.00 3.00 DEPOSITD ITEMS RETURND-CHRGBK ITEM 0 3 3 1.50 4.50 ENDORSEMENT GUARANTEE/RECLEAR ITEM 0 3 3 _ 3.00 9.00 SUBTOTAL WEB STOP PAYMENTS WEB ACCT RECON STOP PMT ITEM - 1 0 1 3.00 3.00 SUBTOTAL - ----- WIRE TRANSFERS WIRE TRANSFER MONTHLY FEE/WEB PER CLIENT 0 1 1 20.00 20.00 INCOMING DOMESTIC REPETITIVE ITEM 2 5 7 2.00 14 00 FACSIMILE ADVICE INCOMING WIRE ITEM 0 7 7 2.00 14.00 OUTGOING DOMESTIC WIREANEB ITEM 3 1 4 4.00 16.00 OUTGOING INTL WIRE USD/WEB ITEM 0 1 1 10.00 _ 10.00 SUBTOTAL ZERO BALANCE ACCOUNTS ZBA CONCENTRATION ACCOUNT CONCENTRATION 1 1 2 0.00 0.00 SUB LEVEL 1 ZBA AFFILITATES 1 2 3 5.00 15.00 SUBTOTAL MONTHLY TOTAL $1,741.21 This document is exempt from public disclosure pursuant to California Government Code Section 6254(K) as that section is further defined by sections 6275 8 6276 44 of said Government Code and by the Uniform Trade Secrets Act (California Code Section 3426-3426.11, inclusive). Please refer to the Government Services Schedule of Fees for additional service fees and charges not identified on the Bid form. 2 111 UnionBank CITY OF NATIONAL CITY RFP BID SHEET DUE 9/30/2010 n UNION BANK, N.A. SERVICE DESCRIPTION UNIT OF MEASURE WELLS Volume BOA Volume COMBINED Volumes Proposed Unit Price $ Extended Proposed Price $ ENHANCEMENTS AND OPTIONAL SERVICES ACCOUNT RECON STALE DATE FEATURE 5.00 STALE ITEMS 0.01 BILL CONSENTRATION SERVICE MONTHLY BASE _ 100.00 BCS TRANSMISSIONS PER TRANSMISSION 2.00 BCS ONLINE PAYMENTS PER ITEM 0.08 BCS DETAIL REPORT PER MONTH 2.00 LAIF INVESTMENT TRANSFERS PER TRANSFER 0.00 WEB INSTATAX SYSTEM MONTHLY BASE 5.00 WEB INSTATAX ELEC I RONIC PAYMENTS PER PAYMENT 1.50 REMOTE DEPOSIT CHECK 21 SCAN SERVICE FIRST ACCOUNT 75.00 REMOTE DEPOSIT ADDITIONAL ACCOUNTS ADD'L ACCOUNTS 5.00 RD CHECKS PROCESSED PER CHECK 0 08 RD ELECTRONIC DEPOSITS SUBMITTED PER DEPOSI I 0.75 " "UNION BANK WILL PAY FOR TI IE FIRST TWO SCANNERS FOR THE CITY NAME OF PROPOSING BANK ECR FOR JULY 2010 .40% MINIMUM RATE UNION BANK, N.A. FIXED UNIT PRICING: NUMBER OF YEARS 5 YEARS AUTHORIZED OFFICER'S NAME RANDY UNGERSMA AUTHORIZED OFFICER'S SIGNATURE CONVERSION ALLOWANCE v $3,000 (FDIC/FICO premiums not included in fixed price guarantee) This document is exempt from public disclosure pursuant to California Government Code Section 6254(K) as that section is further defined by sections 6275 8 6276. 44 of said Government Code and by the Uniform Trade Secrets Act (California Code Section 3426-3426.11, inclusive) Please refer to the Government Services Schedule of Fees for additional service fees and charges not identified on the Bid form. 3 UnionBank bUnionBank SCHEDULE OF FEES Municipalities and Public Agencies Effective July 20, 2009 INSTITUTIONAL CUSTODY SERVICES MONTHLY ADMINISTRATION FEE ITEMIZED FEES MINIMUM ANNUAL FEE DISCLOSURES ACKNOWLEDGMENT New account set-up Free receipt of assets transferring into Union Bank Asset safekeeping Trade settlements Income collections Capital changes and proxy processing Daily cash sweep Account statement — Holdings and Transactions Dedicated relationship manager assigned to your account Account access to Online Trust & Custody $50 Transaction Fee Depository Eligible Depository Ineligible Monthly Holding Fee* Depository Eligible Depository Ineligible Disbursements — Wires/Checks P&I Paydowns Out -of -Pocket Expenses $15 $40 $1 $4 $10 $5 As incurred Initial Account $3,500 Per additional Sub -account $600 Market value used for fee calculations on fee invoices may differ slightly from market values on client statements due to posting of accruals, late pricing of securities, and/or other timing issues A transaction is defined as any activity affecting assets including purchases, sales, tender offers, stock dividends, free deliveries. maturities, exchanges, redemptions. etc. Fees for foreign securities, foreign exchange transactions, international wires, and non-standard services are quoted separately Union Bank retains the right to charge special fees for extraordinary services not covered in this fee schedule. You may be assessed an overdraft charge for any negative balance in your account, provided such advance or overdraft is not related to Bank errors or omissions Current overdraft charges are at the Bank's Prime Rate + 4% per annum for the amount and number of days any negative balance exists in your account. This rate maybe subject to change upon notification. Please see your account Agreement for additional information. Fees are charged quarterly against the Client's account unless otherwise agreed- 1 his fee schedule is subject to change upon thirty (30) days written notice. "Includes cash sweep Client Name Authorized Client Representative Date Union Bank Representative Date • • Elavon Union Bank Debit Network Schedule of Fee Charges Debit Network IC % IC Per Item Chg. Switch Fee per Auth Transaction Cost CAP Elavon Markup Accel Star Interlink 0.75% $0.1500 $0.0300 $0.1800 No Cap $0.2000 0.80"/0 $0.1700 $0.0325 $0.2025 No Cap $0.2000 0.95"/0 $0.2000 $0.0350 $0.2350 No Cap $0.2000 Maestro 0.90% $0.1500 $0.0250 $0.1750 No Cap $0.2000 NYCE 0.75% $0.1700 $0.0425 $0.2125 No Cap $0.2000 Pulse 0.75% $0.1000 $0.8000 $0.1800 No Cap $0.2000 Shazam 0.75% $0.1500 $0.0400 $0.1900 No Cap $0.2000 NETS 0.75% $0.1500 $0.0400 $0.1900 $0.5000 $0.2000 AFFN 0.65% $0.1200 $0.0350 $0.1550 $0.5000 $0.8000 $0.2000 $0.2000 CU 24 0.75% $0.1500 $0.0280 $0.1780 Alaska 0.00% $0.0000 $0.2600 $0.2600 $0.0000 $0.2000 schedule cu -rent as of 09/14/10, Debit Networks are nut affiliated with Elavon and control the pricing of this service, the fees are subject to change at any time... Elavon will charge a $0.20-$0.50 transaction fee (depending on average ticket) in addition to the Debit Network fees shown above. PIN -Debit transactions will be charged as follows: Example 1: If the transaction is $50.00 on the Interlink Network (no Cap): *$50.00 x 095% + $0.20 + $.0350=$0.71 (Debit Network Costs) + Elavon Markup ($0.20-$0.50) = $ 0.91-$1.21 Example 2 : If the transaction is $50.00 on the NETS Network which has a (Cap) on fees: * $50.00 x 0.75% + $0.15 + $0.0400= $0.56 however there's a Cap on fees charged by the NETS Network so the total Debit Network cost you will incur is $0.50 + Elavon Markup ($0.20-$0.50)= $ $0.70-$1.00 In today's world about half of all credit cards processed are Debit Cards so depending on which Debit Network that processes the transaction (determined by the Bank who issued the card) you can realize a savings if you add PIN Pads to each terminal to capture the consumer's PIN on the larger ticket sizes. UnionBank PUBLIC ENTITY RESOLUTION California Government Code 53679 stipulates that money not under control of the treasurer but belonging to a local agency and under the control of any of its officers or employees other than the treasurer may deposit funds as active deposits or inactive deposits For deposits in excess of the amount insured under any federal law, a contract in accordance with Section 53649 is required. It is resolved that the officer now or subsequently holding the position of Executive Director (Title) CDC of the City of National City (Public Entity) is authorized by the Governing Board under California Government Code 53649 to enter into any contract with Union Bank, N.A. relating to any deposit, which in his or her judgment is to the public advantage. Contracting requirements could include: • Establish bank accounts and services. ■ Sign, or change in writing, agreements with the Bank regarding the Public Entity's bank deposit relationship. • Specify in writing to the Bank the individuals who are authorized in the name of and on behalf of the Public Entity to: • Withdraw funds from any of the Public Entity's banking accounts on the Public Entity's checks or orders. • Endorse and deliver to the Bank, for any purposes, and in any amount, negotiable or non-negotiable items of any kind, and owned by, or held by, or payable to the Public Entity. • Send, review, and/or authorize wire and electronic transfers of funds from the Public Entity accounts. Such authority may be exercised by such authorized individual acting alone, regardless of any multiple signature requirements otherwise applicable to the accounts. • Otherwise access the Public Entity's deposit accounts. This authority has been granted by the Governing Board and shall remain in effect until the Bank receives written notice of revocation at the Office where the Public Entity's banking relationship is maintained. CFRTIFICATION l , Clerk/Secretary to the Governing Board of the above referenced Public Entity, do hereby certify that the foregoing is a full, true, and correct copy of a resolution passed by the Governing Board on (Month and date) of revoked or amended. (Year), and the resolution has not been LERK/SECRETARY TO THE GOVERNING BOARD SIGNATURE DATE Distribution: ORIGINAL —Office Copy DUPLICATE --CCSU TRIPLICATE —Customer FORM 00219 (11/98) ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 5, 2011 AGENDA ITEM NO. PO ITEM TITLE: Resolution of the Community Development Commission of the City of National City ("CDC") authorizing the Chairman to execute a one year agreement between the CDC and Mayer Iloffman McCann P.C., for Independent Auditing Services to include the Fiscal Year Ended June 30, 2011, in the amount of $21,250 PREPARED BY: Jeanette Ladrido, CPA PHONE: 6I 4-336-4331' DEPARTMENT: APPROVED BY: EXPLANATION: The City has contracted with Mayer Hoffman McCann for Independent auditing services since Fiscal Year 2004- 2005 and the CDC has been billed directly for its share of services. The CDC wishes to enter in to a one year agreement for Independent Auditing Services as outlined in their proposal. The audit firm has provided excellent customer service and expertise in the finances of the City and the CDC. The audit proposal provides a breakdown of the services and costs will be allocated as follows: Tax Increment = 8,000 Section 8 = 5,750 Morgan Tower = 7,500 FINANCIAL STATEMENT: APPROVED.A4 � Finance ACCOUNT NO. 511-404-045-201-0000, 502-445-462-201-0000 APPROVED: MIS Funds are budgeted in the amount $13.750 in the CDC funds and $7,500 is directly billed to Morgan Tower for the auditing services. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the one year agreement for the fiscal year ended June 30, 2011 at a cost of $21,250. Costs will be allocated as follows: Section 8 = $5,750, Morgan Towers = $7,500 and Tax Increment = $8,000. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: 1. Resolution 2. Professional Services Agreement 3. MHM Proposal of Independent Audit Services RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND MAYER HOFFMAN MCCANN, P.C., IN THE AMOUNT OF $21,250 FOR INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR ENDING JUNE 30, 2011 WHEREAS, the City of National City ("City") has contracted with Mayer Hoffman McCann, P.C. ("MHM"), since Fiscal Year 2004-2005, and the Community Development Commission of the City of National City ("CDC") has been billed for its share of services under the agreement between the City and MHM; and WHEREAS, the CDC and MHM desire to enter into a one year agreement, through June 30, 2012, to provide Independent Auditing Services for the CDC for Fiscal Year 2010-2011; and WHEREAS, the audit services by MHM to be provided to the CDC include the following: Tax Increment in the amount of $8,000, Section 8 in the amount of $5,750, and Morgan Tower in the amount of $7,500, for a total amount of $21,250. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a one-year Agreement between the CDC and Mayer Hoffman, P.C., to provide independent auditing services for Fiscal Year 2010-2011, in the amount of $21,250. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of April, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel AGREEMENT BY AND BETWEEN TIIE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MAYER HOFFMAN MCCANN P.C. THIS AGREEMENT is entered into this 5th day of April, 201 1, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL, CITY, a municipal corporation (the "CDC"), and Mayer I Ioffman McCann P.C., an Independent Auditing Firm (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide Independent Auditing Services. WHEREAS, the CDC has determined that the CONTRACTOR is an Independent Auditing Firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, "I'HE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the CDC advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Chris Zapata, Executive Director, hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Matthew Lenton, Managing Director, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement. for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CDC or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work City's Standard Agreement — June 2008 revision prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR's employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACfOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 3 City's Standard Agreement - June 2008 revision 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the perfonmance 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 ofthe 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 ofthe 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 wanants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC arc reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or 4 City's Standard Agreement — June 2008 revision recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the CDC, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomeyys fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any 5 City's Standard Agreement — June 2008 revision 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. Conunercial 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/CONSULTANT'S [CHOOSE ONE] 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. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. 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 CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 1. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may 6 City Standard Agreement - June 2008 revision 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 detennining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, 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 attorncy's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, 7 City's Standard Agreement — June 2008 revision whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 CDC: To CONTRACTOR: Chris Zapata, CDC Executive Director Community Development Commission 1243 National City Boulevard National City, CA 91950-4301 Matthew Lenton Managing Director 2301 Dupont Drive, Suite 200 Irvine, CA 92612 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. 8 City's Standard Agreement - June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terns of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto. to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 9 City's Standard Agreement — June 2008 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. L 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. --- Signature Page to Follow --- 10 City's Standard Agreement — June 2008 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison. Chairman APPROVED AS TO FORM: Claudia G. Silva CDC Legal Counsel MAYER HOFFMAN MCCANN P.C. (Corporation — signatures of two corporate officers) (Partnership— one signature) (Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) 11 City's Standard Agreement-- June 2008 revision • CALIFORNIA... INCORPORATED • MHM our CITY OF NATIONAL CITY & COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (Proposal for Audit Services) PROPOSAL OF INDEPENDENT AUDIT SERVICES TO THE CITY OF NATIONAL CITY, CALIFORNIA and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Submitted by: MAYER HOFFMAN McCANN P.C. 2301 DUPONT DR., SUITE 200 IRVINE, CALIFORNIA 92612 MARCH 2011 CONTACT PERSON — MATTHEW LENTON, SHAREHOLDER PHONE NO: (949) 474-2020, EXT. 300 FACSIMILE NO: (949) 263-5520 EMAIL: mlenton@cbiz.com WEBSITE: www.mhm-pc.com MAYER HOFFMAN McCANN P.C. CALIFORNIA LICENSE NO. CORP 5091 MAYER HOFFMAN McCANN P.C. FEDERAL IDENTIFICATION NO. 43-1947695 PROPOSAL OF AUDIT SERVICES TO THE CITY OF NATIONAL CITY and the COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF NATIONAL CITY TABLE OF CONTENTS Section Page Letter of Transmittal PROFILE OF THE PROPOSER A About Mayer Hoffman McCann P.C. SUMMARY OF PROPOSER'S QUALIFICATIONS B Qualifications and Related Experience of the Personnel who will Service the City of National City and the Community Development Commission of the City of Natioal City 5 C Our Prior Experience Auditing Cities, Redevelopment Agencies Special Districts and Other Local Governments 7 D Capabilities in General Consulting and Compliance Auditing 12 E References of Local Government Clients 13 SCOPE SECTION F Our Firm's Understanding of the Objectives and Scope of the Engagement 14 G Approach, Timing and Work Program of Our Engagement Team 16 II Our Fees and Hourly Rates 26 BIOGRAPHIES Resumes of Audit Personnel Assigned APPENDIX Mayer Hoffman McCann P.C. Peer Review Report — Local Government Practice Mayer Hoffman McCann P.C. Peer Review Report Mayer Hoffman cC An Independent CPA Firm 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx www.mhm-pc.com March 24, 2011 City of National City City Manager 1243 National City Blvd. National City, CA 91950 Mayer Hoffman McCann P.C. is pleased to respond to your request to serve as the independent auditors for the City of National City and the Community Development Commission of the City of National City for the fiscal year ending June 30, 2011. Mayer Hoffman McCann P.C. (MHM) would be your best selection for the following reasons which are set forth in greater detail in our proposal: • Mayer Hoffman McCann P.C. is a national CPA firm. In California, Mayer Hoffman McCann P.C. has offices in Los Angeles, Oxnard, Bakersfield, Irvine, San Diego and San Jose. More than 400 accounting and audit professionals serve clients from the California offices. • The government services practice of Mayer Hoffman McCann P.C. is headquartered in Irvine, California. • The Irvine office of MHM currently serves approximately 90 California municipal clients, including serving as independent auditors for 51 California cities. We also serve the redevelopment agencies and housing authorities of those cities. • MIIM.'s audit team of Matthew Lenton, Engagement Shareholder, Jennifer Farr, Technical Review Shareholder, and Felix Inga, Engagement Manager have a proven track record in serving California cities, redevelopment agencies, special districts and authorities. • In addition to providing extensive local government and other audit and information technology training for our staff, Mayer Hoffman McCann provides an annual Governmental Accounting Standards Board (GASB) Technical Update each spring for our clients. • MHM has previously served as the City's independent auditors, which gives MHM the detailed knowledge and experience of dealing with and understanding the City's complicated and technical accounting issues. MHM will also provide a key change in personnel from past engagement teams. Matthew Lenton, CPA, will serve as the engagement Shareholder and Felix Inga, CPA, will serve as the engagement manager which will provide a fresh set of eyes and a new perspective on audit approaches in addition to providing a highly technical and experienced individuals performing the audit on a day to day basis. • With our electronic audit software, we have the capability to upload the City's trial balance and create our own workpaper lead sheets and financial statement tic -out workpapers, which can reduce finance staff time. City of National City Page Two • We believe that our fee estimate and structure will assure the City of National City and the Community Development Commission of the City of National City of a fair and reasonable cost (based upon the experience of our audit team) to perform the annual audit examination for the City. The fee break out for each of the services is as follows: City Financial Audit - S32,500; Community Development Commission - $8,000; Single Audit - $8,500; Morgan Towers Audit - $7,500; REAC Submission - $1,250; and GANN Limit - $800. The total fees for 2011 represent a 5.6% reduction from our 2009 fees and over the last three years, we have reduced our fees to the City over $12,000 or 17%. • We believe that our fee estimate and structure will assure the City of National City and the Community Development Commission of the City of National City of a fair and reasonable cost (based upon the experience of our audit team) to perform the annual audit examination for the City and CDC. • Mayer IIoffman McCann P.C. adheres to the strict quality control measures and high professional standards of the Public Company Accounting Oversight Board (PCAOB), the American Institute of Certified Public Accountants (AICPA) and California State Board of Accountancy. MHM is a member of the AICPA's Center for Public Company Audit Finns, Employee Benefit Plan Audit Quality Center, Governmental Audit Quality Center and the AICPA's Private Company Practice Section (PCPS). • Mr. Matthew Lepton, Shareholder. and Ms. Jennifer Farr, Shareholder, are authorized shareholders of Mayer Hoffman and are authorized to bind our Firm in contractual matters with the City of National City and the Community Development Commission of the City of National City. Mr. Lenton and Ms. Farr are also authorized to make representations for the Firm to the City of National City and the Community Development Commission of the City of National City. • Mayer Hoffman McCann P.C. and all key personnel are licensed and in good standing with the California State Board of Accountancy to practice as independent certified public accountants. Additionally, Mayer Hoffman McCann P.C. is independent with respect to the City of National City within the Government Auditing Standards. Mayer Hoffman McCann P.C. is an Equal Opportunity Employer. We are committed to providing outstanding service to the City and in meeting the requested time deadlines. Mayer Hoffman McCann P.C. thanks the City of National City and the Community Development Commission of the City of National City for the opportunity to present our proposal qualifications and for the opportunity to be appointed as your independent auditors. Our proposal remains a firm and irrevocable offer for 90 days. I look forward to you contacting me so that I may answer further any questions which you may have. You may contact me at (949) 474-2020, Ext. 300. Very truly yours, MAYER HOFFMAN McCANN P.C. Matthew Lenton, C.P.A. Shareholder SECTION A ABOUT MAYER HOFFMAN MCCANN P.C. Mayer Hoffman McCann P.C. is a National CPA Firm. The firm is independently owned and operated through its 270 shareholders. The firm is committed to equal opportunity and affirmative action employment. The firm began in Kansas City, Missouri in 1954. After years of steady growth the Firm expanded into a National Practice. Mayer Hoffman McCann P.C. currently operates from 35 offices throughout the United States and is licensed in all 50 States. Mayer Hoffman McCann P.C. is closely aligned with CBIZ (NYSE:CBZ). The 270 shareholders in 35 Mayer Hoffman McCann P.C. offices direct the resources of approximately 2,000 Accounting and Audit professionals who services the attest clients of Mayer Hoffman McCann P.C. The Western Region Office of Mayer Hoffman McCann P.C. work closely together in servicing clients and sharing professional resources among offices. Those offices locations are as follows: • Irvine California (Government services headquarters) • Irvine, California (SEC services headquarters) • Los Angeles, California • Bakersfield, California • Oxnard. California • San Diego, California • San Jose. California • Salt Lake City, Utah • Phoenix, Arizona • Denver, Colorado The Western Region offices have more than 550 professional accounting and audit personnel available to the 56 shareholders of Mayer Hoffman McCann P.C. in the ten Western Region offices. MHM plans to provide the audit services to the City of National City and the Community Development Commission of the City of National City from full-time staff located in our Irvine office_ The Irvine office is the technical and practice unit designated within MHM for governmental expertise and training for MHM on a national level. A breakdown of the Irvine Office's governmental personnel by classification is as follows: Classification Shareholders Managers Seniors Staff Administrative su tort Total personnel Number of Employees Seven of the eight Shareholders in the Irvine office focus their efforts on Government auditing. Approximately 80% of all work performed out of the Irvine office is Government auditing. SECTION A, (CONTINUED) Computer and Special Equipment Capabilities Each audit team in our firm is assigned and utilizes a portable personal computer at the job site. We extensively use the computer in the conduct of our audit and in the preparation of the financial statements. Additionally, each of our audit Managers and Seniors are knowledgeable of controls surrounding the EDP environment and assessing the effectiveness of those controls within the audit of the local government. Mayer Hoffman McCann P.C. utilizes CaseWare, a paperless auditing software that organizes audit documentation. We have the ability to accept audit documentation in either electronic or hard copy format. Quality Control Mayer Hoffinan McCann P.C. is a National CPA Firm and ranked among the top 10 Accounting Service Providers in the country. MHM adheres to the strict quality control measures and high professional standards of the Public Company Accounting Oversight Board (PCAOB), the American Institute of Certified Public Accountants (AICPA), and the California State Board of Accountancy (as well as other states when applicable). Our Firm is a member of the AICPA's Center for Public Company's Audit firms, Employee Benefit Plan Audit Quality Center, Governmental Audit Quality Center and the AICPA's Private Company Practice Section (PCPS). As a member of the Private Companies Practice Section and PCAOB our audit procedures and working papers are regularly examined by another CPA firm in the firm -on -firm peer review program. The most recent Peer Review performed did cover the governmental auditing practice of this office. In addition, all aspects of the firm's quality control practices have been reviewed, including the firm's commitment to extensive training programs. In every member firm, each member of the professional staff must enroll in continuous professional education courses. Each is required to take at least 120 hours of classes over a three-year period. Courses cover a wide spectrum of professional and technical subjects, and include Fraud Auditing, Professional Ethics and Governmental Accounting and Auditing topics to help the practitioner maintain his/her professional expertise. A copy of Mayer Hoffman McCann P.C.'s most recent Quality Control Review report is included in this proposal. The following policies and procedures are evaluated during the peer review: 1. Independence, integrity and objectivity requirements of the AICPA and the Governmental Accounting Office (GAO), per the "Yellow Book", Government Auditing Standards; 2. Personnel management, including hiring practices, supervision of staff, training, advancement and Continuing Professional Education requirements; 3. Acceptance and continuance of clients and engagements (Management's Integrity); and 4. Engagement Performance (internal inspection and monitoring of the firms auditing and accounting practice). This means that when the City of National City and the Community Development Commission of the City of National City engages our firm to perform services for you, you will know that our firm has agreed to comply with the strict membership requirements of the section to which we belong and has agreed to have our compliance with those requirements reviewed by others. Thus, there is greater assurance that our personnel are adequately trained and up-to-date on professional developments relating to governmental as well as commercial auditing. Accordingly, membership in this Division provides additional assurance that our firm will comply with professional accounting and auditing standards. SECTION A, (CONTINUED) The first step in our approach to assuring quality control is the preparation of standardized working papers that contain sufficient, competent, and relevant evidential matter as required by Government Auditing Standards. These working papers, being the permanent record of the work performed and methods followed, serve as the basis for the report. Therefore, we understand that these working papers must substantiate and explain in detail the opinions and findings included in the report. In addition, we have developed a standardized indexing system for all working papers that will be used by the engagement team. This provides a consistent, quality product that can be easily and thoroughly reviewed. Independent review of all working papers is an essential and constant element of our firm's attestation procedures and quality control program. Review is the means by which we ensure that each level and step of audit work is properly performed and completed. It also serves as a valuable training device for all levels of professional staff, since staff members are alerted to areas in which they need improvement, gain confidence in their own abilities in areas of the audit successfully completed without assistance, and benefit from the knowledge and experience of the reviewer. It is by this process that each member of our professional staff becomes a more knowledgeable auditor and a more valuable asset to our firm, while at the same time assuring that our firm's high standards of professional and diligent work are being met. The results of field audits and desk reviews by Government Agencies and other Regulatory Agencies of the audit work conducted by our California government audit practice indicate that our audit work substantially met the requirements of the auditing standards, except for one review conducted by the California State Controller with respect to Mayer Hoffman McCann P.C.'s financial statement audit that was performed for the City of Bell for the year ended June 30, 2009. We documented our disagreement with the conclusions of that review in our response to the State Controller's report. The firm's response to the State Controller's report can be found at http://www.mhm-pc.com/cityofbell. As a result of this report, the California Board of Accountancy is following up on a referral from the State Controller with respect to our financial statement audit performed for the City of Bell in 2009. In response to the issues related to the City of Bell, MHM engaged an independent CPA firm (Carr, Riggs & Ingram, LLC) to evaluate the quality of the audit work performed by MHM with respect to its IocaI government audit practice in California. Harold Monk served as the engagement partner for this review. Mr. Monk is a Certified Fraud Examiner and a nationally - known expert on government accounting and auditing standards. Mr. Monk recently served as the Chairman of the Auditing Standards Board for the American Institute of Certified Public Accountants (AIC.PA). He is a former member of the Board of Directors of the AICPA and served as chairman of the Private Companies Practice Section of the AICPA. In 2002 he was appointed to the U.S. Government Accountability Office's Advisory Committee on Auditing Standards by U.S. Comptroller General David Walker, where he continues to serve. On March 3, 2011, Carr, Riggs & Ingram, LLC issued its report. Carr, Riggs & Ingram, LLC concluded that the audit work performed by MHM with respect to its local government audit practice in California conformed to professional auditing standards and the firm's own system of quality control. This report has been included in the Appendix section of this proposal. SECTION A, (CONTINUED) Independence With respect to the City of National City and the Community Development Commission of the City of National City, Mayer Hoffman McCann P.C. meets the independence requirements of generally accepted accounting standards and the Government Auditing Standards (2007 revision) published by the U.S. General Accounting Office. We are independent with respect to the City of National City and the Community Development Commission of the City of National City. No conflicts of interest exist relative to our firm performing the audit. License to Practice in California Mayer Hoffman McCann P.C. and all key personnel are Licensed and in good standing with the California State Board of Accountancy to practice as independent certified public accountants. 4 SECTION B PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE The successful outcome of any audit requires personnel with the managerial and technical skills to perform the work required. The engagement team who will serve the City of National City and the Community Development Commission of the City of National City have served together as a team of professionals on numerous financial audit examinations of local government entities, including complex governmental agencies. We believe that efficient administrative management and supervision of the audits is an extremely critical factor in achieving the desired results for the City Council and Commissioners of the City of National City and the Community Development Commission of the City of National City. In that regard, we propose to establish the following procedures. Mr. Matthew Lenton, CPA, Engagement Shareholder, will be responsible for the coordination of the audit of the City of National City and the Community Development Commission of the City of National City and fulfillment of the requirements of the City Council and Commissioners. Mr. Lenton, as the Engagement Shareholder, will be in the field to plan and coordinate the management of the audit examination of the City of National City and the Community Development Commission of the City of National City. He will work closely with Finance Department staff and he responsible to the City Council and Commissioners. Mr. Lenton serves as a reviewer for the CSMFO award program for CAFR's and has been a speaker on matters pertaining to technical issues and new GASB pronouncements. Ms. Jennifer Farr, CPA will serve as 'Technical Review Shareholder. She has over 14 years of local governmental auditing experience. Ms. Farr will act as a Technical and Consulting Shareholder to Mr. Lenton and the City's and CDC's Finance Department staff. As a second shareholder reviewer, she will perform quality control reviews of audit reports issued by our firm and will be involved in the audit planning of the audit, including the engagement team risk assessment, brainstorming meeting and planning meeting with Finance staff. Ms. Farr has been a speaker on matters pertaining to technical issues and new GASB pronouncements. Ms. Farr is also responsible for the firm -wide training for the Government Services Division of MHM in the area of local governmental accounting and auditing. Mr. Felix Inga, CPA, will serve as Engagement Manager of the audit of the City of National City and the Community Development Commission of the City of National City. He will work closely with Mr. Lenton, Shareholder and the Finance Department personnel. He will plan and review all audit work. Mr. Inga has 5 years of local government auditing experience, including performing as Engagement Manager on numerous city, redevelopment agency, special district and authority audits. Mr. Inga is also a presenter at the firm -wide training for the local governmental accounting and auditing area. Please refer to Biographies section for specific client experience for each audit team member. 5 SECTION B, (CONTINUED) TRAINING OF PARTNER, SUPERVISORY AND STAFF All individuals assigned to the City of National City and the Community Development Commission of the City of National City audit will have 40 hours of government specific CPE every year, which is in excess of the required 24 hours for audits of governmental agencies. All members of the engagement team are current on their CPE requirements. The following is a listing of continuing professional education for the past three years for the proposed engagement team: Attended by Dates CPE Class Lenlon Farr Inga In charge Staff Jan 2008 Risk assessment audit training X X X X Jan 2008 Internal controls and fraud protection X X X X Jan 2008 Accounting and auditing issues of nonprofits X X X X March 2008 CSMFO annual conference X X April 2008 Local government audit training I X X X X May 2008 2008 GASB update X X X X June 2008 MHM accounting & audit national conference X X July 2008 Local government audit training II X X X X Jan 2009 2009 Local government audit training I X X X X Feb 2009 CSMFO annual conference X X May 2009 2009 GASB update X X X X July 2009 2009 Local government audit training II X X X X Jan 2010 Fraud training X X X X Jan 2010 Accounting and auditing issues of nonprofits X X X X Jan 2010 2010 Local government audit training 1 X X X X Feb 2010 CSMFO annual conference X X X June 2010 GASB Update X X X X July 2010 2010 Local government audit training II X X X X X Jan 2011 Accounting and audit update X X X X X 6 SECTION C OUR PRIOR EXPERIENCE AUDITING CALIFORNIA CITIES, REDEVELOPMENT AGENCIES, SPECIAL DISTRICTS AND OTHER LOCAL GOVERNMENTS Mayer Hoffman McCann P.C. has over thirty years of experience in the audits of local government units (all funds audit examinations of cities including single audits performed under OMB Circular A-133, financial and compliance audits of California Redevelopment Agencies, audit examinations of public housing authorities, joint powers authorities and special districts). Among the local government entities which the Irvine office of MHM has served during the past fiscal year are the following_ All Funds Examinations of California Cities (by County) Los Angeles County City of Burbank*+ City of Beverly Hills+ City of Carson* City of Commerce *+ City of Compton City of Culver City*+ City of El Segundo+ City of Inglewood City of La Verne* Orange County City of Aliso Viejo+ City of Costa Mesa* + City of Fountain Valley*+ City of Laguna Beach City of Laguna Woods City of Lake Forest*+ Riverside County City of Hemet* + City of Indian Wells* City of Indio* City of Moreno Valley* City of Rancho Mirage* San Diego County City of Carlsbad"+ City of Del Mar+ City of Escondido* City of National City* City of Santee* = Includes audit of Redevelopment Agency +— Award CAFR 7 City of Palos Verdes Estates+ City of Pasadena*+ City of Rosemead*+ City of San Gabriel* City of Santa Monica*+ City of Temple City* City of Torrance*+ City of West Covina*+ City of Whittier*+ City of Mission Viejo+ City of Newport Beach *+ City of Orange* City of Rancho Santa Margarita+ City of Seal Beach+ City of Villa Park San Bernardino County City of Highland*+ City of Redlands*+ City of Upland *+ City of Riverside*+ Other Counties City of Campbell *+ City of Gilroy City of Hayward*+ City of San Bruno*+ City of Solana Beach* SECTION C, (CONTINUED) Audits of Special Districts (by County) MHM provides annual financial audit services to the following California special districts: Orange County California Joint Powers Insurance Authority Irvine Ranch Water District Moulton Niguel Water District Orange County Fire Authority Riverside County Beaumont Cherry Valley Water District Coachella Valley Association of Governments Coachella Valley Mosquito and Vector Control District Coachella Valley Recreation and Parks District Coachella Valley Water District San Bernardino County Big Bear Area Regional Wastewater Agency Big Bcar Community Services District Bighorn Desert Water Agency Chino Basin Desalter Chino Bain Watermaster Inland Empire Utilities Agency Los Angeles County San Gabriel Valley Mosquito District Southern California Association of Governments Southern California Regional Rail Authority West Basin Municipal Water District 8 Orange County Sanitation District Orange County Transportation Authority Santa Margarita Water District South Coast Water District Eastern Municipal Water District Elsinore Valley Municipal Water District Riverside County Flood Control and Water Conservation Salton Sea Authority Cucamonga Valley Water District Lake Arrowhead Community Services District Mojave Water Agency Municipal Water Department of the City of San Bernardino Omnitrans San Diego County Rancho California Water District San Diego Unified Port District Vista Irrigation District SECTION C, (CONTINUED) Experience Performing Audits Under the Federal Single Audit Act. The Single Audit Act of 1984 requires that Government Auditing Standards be followed in audits of state and local governments which receive federal financial assistance. Other federal policies and regulations, such as OMB Circular A-133, require that Government Auditing Standards be followed in audits of institutions of higher education and other nonprofits organizations that receive federal financial assistance. We have extensive experience performing audits in accordance with Government Auditing Standards. The Irvine office of MHM has performed more than 1,500 Single Audits under OMB Circular A- 133 since the issuance of the Circular. Below is a listing of the more significant Single Audits that the Irvine office of Mayer Hoffman McCann P.C. performed over the last two years: Audited Entity Public Housing Authority: 1. Ilousing Authority of the City of Los Angeles, California 2. City of Oxnard Ilousing Authority, California 3. Housing Authority of the County of Ventura, California Imperial Valley Housing Authority, California Local Governments: 5. City of Burbank, California 6. City of Culver City, California 7. City of Escondido, California 8. City of Hayward, California 9. City of Laguna Beach, California 10. City of National City, California 11. City of Pasadena, California 12. City of Riverside, California 13. City of Rosemead, California Annual Federal Audit Periods Expenditures 12/31/08, 12/31/09 6/30/09, 6/30/10 6/30/09. 6/30/10 6/30/09. 6/30/10 6/30/09. 6/30/10 6/30/09. 6/30/10 6/30/09 6/30/09. 6/30/10 6/30/09, 6/30/10 6/30/09, 6/30/10 6/30/09, 6/30/10 6/30/09. 6/30/10 6/30/09. 6/30/10 > $500 million $10 million < $25 million $25 million < $50 million $10 million < $25 million $10 million < $25 million $5 million < $10 million $5 million < $10 million $10 million < $25 million $5 million < $10 million $10 million < $25 million $25 million < $50 million $25 million < $50 million $5 million < $10 million SECTION C, (CONTINUED) 14. City of Santa Monica, California 6/30/09, 6/30/10 $25 million < $50 million 15. City of Torrance, California 6/30/09, 6/30/10 $5 million < $10 million Public Transit Authority: 16. AnteIope Valley Transit Authority 6/30/09 $5 million < $10 million 17. Omnitrans 6/30/09, 6/30/10 $5 million < $10 million 18. Orange County Transit Authority 6/30/08, 6/30/10 $7.5 million <S100 million (OCTA) 19. Ventura County Transit 6/30/09 $5 million < $10 million Commission Non -Profit Entities: 20. National Childhood Cancer 2/28/09, 2/29/10 $25 million < $50 million Foundation The Irvine office of MHM also performed Single Audits during the periods Listed above for approximately 40 other entities that had annual Federal expenditures of less than $5 million. CAFR Award Program The Irvine Office of MIIM has a proven track record in assisting cities in the upgrading of their financial reporting. A number of our clients have received the "Certificate of Achievement for Excellence in Financial Reporting" issued by the Government Finance Officers Association (GFOA) or the "Certificate of Award for Outstanding Financial Reporting" issued by the California Society of Municipal Finance Officers (CSMFO). Those Cities are identified at the beginning of this section. In addition, both Mr. Lenton and Ms. Farr and several of our engagement managers had previously served as technical reviewers in the CSMFO award program. Ability to Rotate Partners, Managers or Supervisors, if Desired by City Should the City of National City and the Community Development Commission of the City of National City desire to rotate the Engagement Partner, or any other member of the engagement team, we have the capacity to fulfill that request. Of the shareholders in our Irvine Office, five have extensive local government experience. Also, of the 18 Managers in the Irvine Office, nine have extensive local government experience. Rotating audit team members would not be an issue. 10 SECTION C, (CONTINUED) Expertise and Assistance Regarding the Implementation of GASB Statement 54 We have extensive experience with respect to the implementation of GASB Statement No. 54. We have already implemented it for a number of our clients. For the past two years, we have provided training regarding this new standard at our annual GASB Update. Last year, for every client, we analyzed their fund structure and made recommendations with respect to how this new pronouncement will affect the client's fund structure and actions that should be taken to get ready for the implementation of this new standard. In our GASB Update this year and during the planning phase of each audit, we will go over new implementation guidance that was just released by the GASB regarding this year's implementation. Professional Activities Mayer Hoffman McCann P.C. a member of the following AICPA Audit Quality Centers: Center for Audit Quality (CAQ) Employee Benefit Plan Audit Quality Center Governmental Audit Quality Center MHM is also a member of the Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO). SECTION D CAPABILITIES IN GENERAL CONSULTING AND COMPLIANCE AUDITING In addition to our annual auditing services, we have assisted our clients by performing both attest services and various management advisory and other accounting services, including: • Audits of transient occupancy taxes • Reviews of cash receipting and water billing systems • Special fraud audits • Audits of waste management contracts • Other gross receipts audits (cable television franchise fees, excavation tax, etc.) • Contractual agreement compliance audits • Review of central purchasing systems • Review of warehouse controls and inventory systems • Reviews of cash controls in parks and recreation departments • Review of investment policies and investment compliance • Special EDP reviews • Review of permitting process within city building departments • Analysis of investment yields • Assistance in presentations to city councils • Assistance in setting up special accounting systems for redevelopment agencies • Assistance to Bond underwriters in providing "comfort letters" on debt issues of municipalities • Consultations regarding the maximizing of tax increment revenue for redevelopment agencies • Organizational review of finance departments • Tax advice regarding deferred compensation, employee benefits, use of city vehicles, etc. • Preparation of State Controller's Reports • Preparation of California Street Report • Assistance in cash reconciliation problems • Determination of the cost of excess sewer capacity for a developer/city contractual arrangement • Assistance in the selection of qualified finance personnel for employment by the City • Assistance in computation of Proposition 1 1 1 Gann Limitations • Management reviews of finance and Finance Director's office 12 SECTION E REFERENCES OF LOCAL GOVERNMENT CLIENTS For your convenience, we have listed below references with regard to audit work currently being performed by Mayer Hoffman McCann P.C. for several local governments in Southern California. For each of the references, we currently serve as independent auditors for the year ended June 30, 2010 and have served these cities for a number of years. Name of Client City of Costa Mesa City of Fountain Valley City of Beverly Hills City of Highland Dates Engagement Scope of Work Performed Partner Annual Audit 2000-2010 Al -Imam & Singlc Audit Annual Audit 2009-2010 Farr & Single Audit Annual Audit 2007-2010 Lenton & Singlc Audit Annual Audit 1998-2010 Lenton & Single Audit 13 CAFR Total Award Hours Program Principal Client Contact 500 GFOA Colleen O'Donoghue Asst. Finance Director (714)754-5219 500 GFOA Sherri Holman Finance Director (714) 593-4418 500 GFOA Scott Miller Admin Services Director (310) 285-2411 400 GFOA Chuck Dantuono Admin Services Director (909) 864-6861 SECTION F OUR FIRM's UNDERSTANDING OF THE OBJECTIVES AND SCOPE Our understanding of the objectives and scope of the work to be performed is based upon your request for proposal. Based upon the foregoing we understand the objectives and scope of work to be as follows: 1. We will perform an audit examination of the governmental activities, business type activities, each major fund and the aggregate remaining fund information of the City of National City for the fiscal year ending June 30, 2011. Our examinations will be conducted in accordance with auditing standards generally accepted in the United States of America, Government Auditing Standards as set forth by the GAO, and the requirements of the American Institute of Certified Public Accountants' Industry audit Guide entitled "Audits of State and Local Governmental Units." MHM will draft and word process the Comprehensive Annual Financial Report (CAFR) of the City of National City. We will review the report for conformity with the reporting standards set forth by GFOA and CSMFO for their CAFR award programs. The Auditors will provide their auditors' report thereon. We will conform to the time line set forth by the City. We will apply to management's discussion and analysis those procedures required by the auditing standards to be applied to required supplementary information (understanding the method of preparation, the source and basis for the information presented, comparing for consistency to the audited data pertaining to the City, and ascertaining that the management's discussion and analysis contains all of the information required by GASB Statement No. 34 and does not contain information prohibited to be presented in the management's discussion and analysis). 2. We will perform a Single Audit of the City of National City in accordance with the Single Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133 entitled Audits of States, Local Governments, and Non -Profits Organizations. Our single audit will cover all federal grants received by the City and its component units either as a primary or secondary recipient for fiscal year ended June 30, 2011. The City will provide to the Auditors the Schedule of Federal Financial Assistance encompassing all direct and pass -through federal funds received by the City and component units. We will render our reports on the single audit in accordance with the single audit requirements as described in Section G of this proposal. 3. We will perform a financial and compliance audit of the Community Development Commission of the City of National City for the fiscal year ending June 30, 2011. Our compliance procedures will meet the State Controller's guidelines for compliance audits of the redevelopment agencies. We will issue our separate auditors' reports on the Community Development Commission. MHM will draft and word process the financial statements of the Commission. We will issue our report on compliance (including the provisions contained in the guidelines for compliance audits of redevelopment agencies) and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. 4. We will perform agreed -upon audit procedures to test and report on the City's Gann Limit for the fiscal year ending June 30. 2011. 14 SECTION F, (CONTINUED) 5. We will provide the Audit Committee Communications required by the auditing standards: the auditor's responsibility under generally accepted auditing standards, significant accounting policies, management judgment and accounting estimates, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, management consultation with other accountants, major issues discussed with management prior to retention, difficulties encountered in performing the audit, and errors, irregularities, and illegal acts detected in the course of the audit. 6. We will immediately report in writing any irregularities or illegal acts that come to our attention to the City Council, City Attorney, and the City Manager as required by the auditing standards. 7. For each year of our engagement, we will prepare a letter to the City Council reporting matters dealing with internal control that meet the threshold of being reportable conditions, as defined by professional auditing standards. 8. We will prepare a management letter that will provide other recommendations to the City ensuing from our review of the City's internal control procedures. This letter will address nonreportable conditions (those constructive comments not required to be included in the letter of reportable conditions to City Council or in the single audit report). We will discuss those comments with the City Manager and Finance Director as appropriate prior to its finalization. 9. Mayer Hoffman McCann P.C. desires to keep its local government clients abreast of new developments affecting local government finance. We will advise City staff of new accounting developments during the interim/planning stage of each year's audit. We will also provide formal client training to our clients in our Annual GASB Update that we provide for our clients in May of each year to provide valuable information concerning new governmental accounting pronouncements (including training with respect to new requirements for fund balances). 10. Finally, we perceive the scope of our work as being advisors to the City of National City. Throughout the year, City personnel will have access to the Engagement Shareholder, Matthew Lenton, Technical Review Shareholder, Jennifer Farr, and Engagement Manager, Felix Inga, to seek advice in the application of accounting principles, financial statement preparation and content and other matters relating to the City, including matters of taxation and policy relating to City fringe benefits. We are independent with respect to the City of National City and the Community Development Commission of the City of National City and related entities. Mayer Hoffman McCann P.C. meets the independence requirements of generally accepted accounting standards and the Government Auditing Standards published by the U.S. General Accounting Office. Our firm has never had a record of substandard audit work. The Irvine Office of MI IM does not intend to use subcontractors for this engagement. No conflicts of interest exist relative to our firm performing the audit. 15 SECTION G APPROACH, TIMING AND WORK PROGRAM The audit approach of Mayer Hoffman McCann P.C. is unique with regard to the following: • Our firm is sensitive to the priorities and work requirements of our clients. We work around the schedules of our clients when scheduling segments of the audit or requesting documentation in order to minimize disruption in the Finance Department. • Whenever possible, we use accounting support already prepared by the Finance Department in order to avoid duplication or unnecessary requests for audit supporting schedules. • Because of our firm's expertise in Local governmental auditing, our staff are trained and familiar- with local government accounting. You will spend no time in training our personnel. • When formulating internal control recommendations, we obtain a thorough understanding of the specific circumstances at the City and CDC in order to provide a tailored, practical recommendation. • Throughout the year we are a resource to our clients in providing accounting advice, researching technical questions, dealing with tax problems, and helping with other problems as they arise. BENEFITS OF MIIM AUDIT SOFTWARE Mayer Hoffman McCann P.C. utilizes Caseware audit software for the electronic organization of workpapers. We have the ability to accept audit documentation in either hard copy or electronic format. Caseware allows us the ability to import trial balances that can be provided in either excel or a text document. Some of the benefits of using Caseware trial balance software are as follows: • We can create our own lead sheets (for example, a schedule Due to/Due from other funds). This limits the amount of time City and CDC staff spends creating audit schedules. • We can link CAFR schedules directly to the Caseware trial balances. As a result, we can provide the City and the CDC with fund financial statements almost immediately after receiving the trial balance from the City and CDC. Additionally, journal entries arc easy to post to the CAFR schedules and the risk of data entry error is minimized. • We can provide the City and CDC with reports showing the coding of the CAFR schedules for ease of review by City and CDC staff. These reports show each account coded to a specific CAFR line item as well as journal entries that are posted during the audit. • Our software automatically generates analytical review reports by account number for ease of analyzing significant fluxuations between fiscal years. • Creating color PDF's of final reports is a seamless process for our audit staff. 16 SECTION G, (CONTINUED) INTERNAL CONTROLS AND MANAGEMENT LETTER COMMENTS During the interim audit for each year, we plan to evaluate internal controls over the following primary transaction areas: • Cash Receipting at City Hall locations • Investment Management • Infrastructure and Capitalization of Assets • Purchasing • Accounts Payable and Cash Disbursements Cycle • Payroll Cycle/Human Resources • Federal Grant Management • Information Systems • Debt compliance monitoring procedures • Internal service fund allocations and overhead cost reimbursements If specific risks are identified by City Finance Staff, the City Manager, and/or City Council, or as deemed necessary based on our MHM's engagement team risk assessment and brainstorming meeting, we may also evaluate additional internal control areas. Some examples of additional areas we may review are as follows: • Cash receipting at offsite locations: o Parks and recreation locations o Police department o Parking o Library o Senior center o Community center o Other offsite locations • Petty cash • Credit card or Purchasing cards • Administration of loan programs There are three categories of internal control recommendations. We work carefully with City and CDC staff to ensure our classification of indentified weaknesses is correct. The categories are as follows: Control deficiency — these are minor internal control weaknesses that can be communicated either verbally to City Finance management or in writing, if preferred. Significant deficiency — these internal control weaknesses must be communicated in writing. Material weakness — these internal control weaknesses must be communicated in writing. When formulating internal control recommendations, we obtain a thorough understanding of the specific circumstances at your City and CDC in order to provide a tailored, practical recommendation. We understand that there is commonly more than one acceptable way to correct an internal control weakness. We work with City staff to ensure the recommendation is practical to implement. 17 SECTION G, (CONTINUED) AUDIT PLANNING PROCEDURES Following our appointment as auditors of the City and CDC, Mr. Lenton, Engagement Shareholder, Ms. Jennifer Farr, Engagement Technical Review Shareholder, and Mr. Felix Inga, Engagement Manager will meet with the Finance Director and other key Finance Department staff for the purpose of planning the audit of the City and CDC. Mr. Lenton will also communicate with City Council/Audit Committee during the planning stages of the audit in accordance with SAS 114. In addition to establishing an effective and efficient communication link with City and CDC personnel, the following will be accomplished: - Dates for audit field work of the various audit examinations will be finalized. - Arrangements will be made with City and CDC personnel for the typing of confirmation requests. We will determine a materiality level for the financial statements taken as a whole for the purpose of: a) Determining the extent and nature of risk assessment procedures b) Identifying and assessing the risks of material misstatement c) Determining the nature, timing, and extent of further audit procedures; and d) Evaluating whether the financial statements are presented fairly in conformity with generally accepted accounting principles - We will perform a risk assessment of the City of National City and the Community Development Commission of the City of National City to comply with the newly issued suite of auditing standards. Our risk assessment will include the following: Understanding the City of National City and Community Development Commission of the City of National City and Its Environment We will gather information about the City of National City and the Community Development Commission of the City of National City and each of its related entities. This will include prior audit reports and current year budgets. Our understanding will include: • External Factors - affecting the City, CDC and its related entities including the State and Federal regulatory environment and environmental requirements that affect the City, CDC, and other related entities. • Nature of City of National City Community Development Commission of the City of National City - its operations, governance, types of investments it makes and plans to make, bonded indebtedness it has or plans to finance. • Strategies and Business Risks - which may result in material misstatement of the financial statements as a whole, or individual assertions • Measurement and Review of Financial Performance - we will determine with management those indictors which City and CDC management believes to be important. 18 SECTION G, (CONTINUED) • Internal Controls - which consists of five components (as identified by SAS #109) a. The Control Environment b. Risk Assessment c. Information and Communication d. Control Activities and c. Monitoring We will focus on the following accounting cycles of the City and CDC: • Cash Rcceipting at City Hall locations; • Investment Management; • Infrastructure and Capitalization of Assets; • Purchasing; • Accounts Payable and Cash Disbursements Cycle; • Payroll Cycle/Human Resources; • Federal Grant Management; • Information Systems ; • Debt compliance monitoring procedures; and • Internal service fund allocations and overhead cost reimbursements These components may operate at the entity level or the component unit business process activity level. Obtaining an appropriate understanding of internal control will require MHM Auditors to understand and evaluate the design of all five components of internal control and determine whether the controls are in use of the City of National City and the Community Development Commission of the City of National City and its related entities. Performing Risk Assessment and Other Procedures The audit procedures MHM will perform to obtain an understanding of the City of National City and the Community Development Commission of the City of National City and its internal control are referred to as risk assessment procedures. MI-IM will use the information we obtain by performing risk assessment procedures to support our assessments of the risks of material misstatement. Our risk assessment procedures will include: • Inquiries of management • Analytical procedures • Observation • Inspection of documents Assessing Versus Testing Controls If we have assessed controls as effective based upon our review of their design and an observation that they have been implemented (that is placed in operation) based solely on that assessment, MHM would not necessarily have an adequate basis for considering that control risk if low (or event moderate). As part of our audit strategy MHM would consider further evidence of the effective operation of controls through sufficient tests of controls to reach that conclusion. Financial Statement Level and the Assertion Level Risks MHM will identify and assess the risks of material misstatement at both the financial statement level and relevant assertion level (Reference SAS #109) 19 SECTION G, (CONTINUED) Responding to Assessed Risks The risk assessment process culminates with MHM's articulation of the account balances, classes of transactions or disclosures where material misstatements are most likely to occur given the unique circumstances of the City of National City and the Community Development Commission of the City of National City. This assessment of the risk of misstatement, which relates identified risks to what can go wrong at the assertion level, provides a basis for designing and performing further audit procedures Further audit procedures are defined as tests of controls and substantive tests. Often a combined approach using both tests of controls and substantive procedures (SAS #110) is an effective approach. Identification and Communication of Internal Control Matters The objective of our audit is to form an opinion on the City of National City and the Community Development Commission of the City of National City's financial statements taken as a whole. Our objective is not to identify deficiencies in internal; however when control deficiencies are identified in the course of our audit and if they constitute significant deficiencies or material weaknesses, we will communicate in writing those deficiencies to management and the City Council or Commission of the City of National City and the Community Development Commission of the City of National City. This communication will be in the form stipulated by Statement on Auditing Standards No.115. INTERIM AUDIT PROCEDURES In conjunction with our planning of the engagement, we will perform our interim audit work which will be conducted starting in May 2011. Additional procedures that will be accomplished during our interim audit procedures include the following: 1. Meet with finance staff to inform them of new accounting or auditing standards that will impact the year end close. 2. Reviewing of minutes of the City Council and Community Development Commission 3. Following up on unusual items noted from analytical procedures. (We will perfoiut significant comparison and inquiry regarding fluctuations of revenues and expenditures by fund budgets versus actual). 4. Reviewing the City's and CDC's investments and procedures and performing tests of investment compliance. 5. Reviewing of important contracts, debt issues, leases and joint power agreements. 6. Performing testing of cash disbursements to determine adherence to policies and internal controls. 7. Reviewing the City's appropriations limit calculation worksheets to ensure the limit was computed in accordance with Proposition 111, Article XIIIB. 8. Performing required compliance and internal control testing relating to the federal grant programs of the City and CDC. 9. Providing the City and CDC with suggestions regarding the close of the City's and CDC's hooks after year end. Our assistance and communication in the closing of the City's and CDC's books is expected to minimize the number of audit adjustments required after the close of the City's and CDC's hooks. 20 SECTION G, (CONTINUED) YEAR-END SUBSTANTIVE PROCEDURES In mid October ( or after the final closing of the books and preparation of final trial balances by City and CDC personnel for the year ended June 30), we will commence performing our year- end substantive audit. Our final examination will include tests which we deem necessary, including: 1. Confirmation of cash and investment balances. 2. Testing of bank reconciliations. 3. Testing of GASB 40 investment disclosures. 4. Testing of allocations of interest income to the various funds. 5. Examination of support and subsequent receipt (if any) of significant receivable balances. 6. Analytical review of receivable balances 7. Testing of interfund borrowings. 8. Examination of interfund transfers and testing of transfers out of restricted funds. 9. Performing a search for unrecorded liabilities. 10. Testing of significant accrued liability accounts. 11. Testing of long term debt balances and debt covenants. 12. External verifications of bond compliance through the Electronic Municipal Market Access (EMMA) database. 13. Analytical review of interest expense. 14. Consideration of support for compensated absences. 15. Examination of the valuation of claims and judgments. 16. Testing of additions and deletions to capital assets, including infrastructure. 17. Analysis of construction in process balances. 18_ Testing of support for other significant assets and liabilities of the City and CDC. 19. Testing for the proper establishment of reserves and designations. 20. Review of significant events after year end (through the completion of our audit). 21. Review of attorney letters for significant legal matters affecting the City's and CDC's financial position. 22. Testing of revenues and expenditures and lesser significant asset and liability balances through analytical procedures and other substantive procedures as necessary. 23. In cases where there are sensitive public policy issues, we modify planning materiality in those areas to perform more extensive auditing procedures. 21 SECTION G, (CONTINUED) The aforementioned tests are only a few of the tests performed during the examination and by no means is it meant to be all inclusive. At the completion of the audits each year, Mr. Lenton and Mr. Inga will meet with the City Manager and Finance Director to review our audit findings and any adjusting journal entries. IMPLEMENTATION OF NEW ACCOUNTING STANDARDS Over the term of the contract, the City and CDC will be required to implement the following accounting standards. The impact and approach to implementing those standards are as follows: GASB Statement No. 54 — Fund Balance Reporting and Governmental Fund Type Definitions During the planning stage of the audit for the year ended June 30, 2011, we will evaluate the City's and CDC's current fund structure and make recommendations for compliance with the new GASB. We will inform the City and CDC of their options and rely on management to determine which changes will be made to either the internal or external reporting of fund balances and fund types. GASB Statement No. 57 — OPEB Measurements by Agent Employers and Agent Multiple - Employer Plans During the planning stage of the audit for the year ended June 30, 2011, we will evaluate the implications of this new standard on the City's OPEB accounting. GASB Statement No. 58 — Accounting and Financial Reporting for Chapter 9 Bankruptcies We do not believe this standard will have any impact on the City or CDC. GASB Statement No. 59 — Financial Instruments Omnibus For the year ended June 30, 2011, we will ensure the City and CDC has proper disclosures related to certain financial instruments and external investment pools. GASB Statement No. 60 — Accounting and Financial Reporting for Service Concession Arrangements For the year ended June 30, 2011, we will evaluate whether or not the City or CDC has any service concession arrangements applicable to this standard. GASB Statement No. 61 — The Financial Reporting Entity For the year ended June 30, 2013, we will evaluate the City's and CDC's potential component units to determine if they should he included in the City's or CDC's reporting entity. GASB Statement No. 62 — Codification of Accounting and Financial Reporting Guidance Contained in Pre -November 30, 1989 FASB and AICPA Pronouncements For the year ended June 30, 2013, we will review the applicability of this standard to the City's and CDC's enterprise funds. 22 SECTION G, (CONTINUED) Data Processing Experience and Capabilities Each audit team in our firm is assigned and utilizes a portable personal computer at the job site. We extensively use the computer in the conduct of our audit and in the preparation of the financial statements. Additionally, each of our audit Seniors are knowledgeable of controls surrounding the EDP environment and assessing the effectiveness of those controls within the audit of the local government. Mayer Hoffman McCann P.C. utilizes CaseWare, a paperless auditing software that organizes audit documentation. We have the ability to accept audit documentation in either electronic or hard copy format. Audit Sampling In accordance with SAS No. 1 I1, Audit Sampling, we will consider the tolerable misstatement and the expected misstatement, the audit risk, the characteristics of the population, the assessed risk of material misstatement, and the assessed risk for other substantive procedures when determining the number of items to be selected in a sample. Analytical Procedures to Improve Understanding of Client Analytical procedures may be used in both general planning and audit program planning. SAS No. 56 describes the two broad uses of analytical procedures in audit planning as follows: • Enhancing the auditor's understanding of the client's business and the transactions and events that have occurred since the last audit date; and • Identifying areas that may represent specific risks relevant to the audit. Comparisons of account balances between accounting periods and ratio and trend analysis usually improve the auditor's understanding of the client and its operations and may identify critical audit areas, e.g., comparing general and special revenue fund expenditures by functions and revenue by source for the past two years provides an understanding of the governmental unit's operations and may identify a revenue source that requires increased attention in the current audit. Consideration of Laws and Regulations Our audit approach recognizes the importance of laws and regulations in planning the audit of a local governmental entity. As a part of the audit, our firm obtains an understanding of those laws and regulations that have a direct and material effect on the determination of financial statement amounts. We then design the audit to provide reasonable assurance of detecting material instances of noncompliance that will have a direct and material effect on the determination of financial statement amounts. 2 SECTION G, (CONTINUED) OMB A-133 SINGLE AUDIT PROCEDURES As a part of our Single Audit for the years in which the entity expends greater than $500,000 in federal funding, we would supplement our approach with the following procedures in performing the single audit. 1. Re -review all pertinent federal and AICPA publications including: • ',Ube Single Audit Act Amendments of 1996 (Public Law 104-156) signed into law on July 5, 1996 and effective for the fiscal years ending on or after June 30, 1997. This law amends the Single Audit Act of 1984 (Public Law 98-502) previously applicable to local governments; • OMB Circular A-133 entitled Audits of States, Local Governments, and Non -Profit Organizations; • GAO Government Auditing Standards (Yellow Book), 2007 revision; • AICPA Audit and Accounting Guide Audits of State and Local Government Units and Statement of Position 98-3, Audits of States, Local Governments, and Not -for -Profit Organizations Receiving Federal Awards; • SAS No. 74, Compliance Auditing Considerations in Audits of Governmental Entities and Other Recipients of Federal Financial Assistance; • Revised Compliance Supplement for Single Audits of State and Local Governments; • Catalog of Domestic Assistance Programs; • OMB Circular A-87; and • OMB Circular A-102. 2. Identify the federal programs administered by the City of National City and the Community Development Commission of the City of National City and the amounts expended during the audit period. 3. Apply the risk -based auditing approach mandated by the Single Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133 entitled Audits of States, Local Governments, and Non -Profits Organizations for the determination of major programs to be selected under the single audit process. As prescribed by the directives of the new single audit requirements, this will involve a consideration of the complexity of the program, prior audit findings, changes in personnel, the competency of personnel, the extent to which sub -recipients are used, the extent of overview and monitoring by granting agencies, the extent of recent changes in program requirements, the newness of the program, the size of the program, and the inherent risk of the program. 4. Identify the oversight audit agency. 5. Identify and list the major compliance supplements and sub recipients of the City and CDC, if any. 6. Review the administrative control systems to ensure compliance_ 7. Execute the sampling plan. 24 SECTION G, (CONTINUED) 8. Perform audit procedures for the selected transactions. 9_ Test compliance with the applicable 14 compliance areas. 10. Test matching requirements, if any. 11. Test indirect costs, if any. 12. Review reports and claims for advances and reimbursements to the federal government. 13. Review processing of audit reports for state and local government sub recipients. 14. Prepare the independent auditors' reports required by OMB Circular A-133. 15. Prepare the electronic submission of the data collection form required to be filed with the Single Audit Central Clearinghouse. Assistance from City Staff Normal cooperation and assistance from City and CDC staff is expected by the auditors including typing of confirmation requests, and normal year-end PBC ("prepared by client") schedule preparation (i.e., lead schedules, bank reconciliations, subsidiary support, and other schedules showing the composition of the year end balances of significant assets and liabilities of the City and CDC). We normally use whatever year end supporting schedules the Finance Department is accustomed to preparing for year end. We are extremely flexible in this regard. We would also expect reasonable assistance from City and CDC staff in reproducing permanent files or other documents and refiling requested documentation during the audit examination. Segmentation of the Audit The following is our estimate of the hours by professional staff classification required for the audit and single audit: Professional Hours and Segmentation of Audit Interim Final Total Percentage Shareholders 20 48 68 10% Engagement Manager 24 102 126 19% Field Manager/In-Charge 68 188 252 39% Staff Auditors 68 140 204 31 % Total 172 478 650 100% SECTION II OUR FEES AND HOURLY RATES The following is a summary of the estimated hours and fees associated with conducting the audit of the City of National City. Description of Services 2011 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, and SAS #114 Communication $32,500 2. Financial and Compliance Audit of the CDC including Kimball Towers 8,000 3. Separate HUD Required A-133 Single Audit of Morgan Towers 7,500 4. GANN Limit Review Procedures 5. Citywide A-I33 Single Audit of Federal Grants allocable to a. Housing Choice b. Other major programs as needed (considers testing of 2 major programs) 800 4,500 4,000 6. REAC electronic Submission to HUD and related attestations 1.250 $58,550 We will progress bill the City for the above services as the engagement hours are expended. Final billing will be made upon delivery of the final audit reports. Any special projects. extra work, accounting assistance, or additional assignments will he performed at the standard hourly rates indicated in the accompanying fee schedules. Our fees contemplate conditions satisfactory for the performance of the audit, including the City providing at the start of the audit, trial balances reflecting all year end adjustments, necessary subsidiary schedules supporting asset and liability balances, all necessary reconciliations in agreement with general ledger balances, and customary supporting analyses and schedules. If assistance is needed in preparing year end journal entries or resolving reconciliation issues, we would perform the same at the hourly rates indicated in this cost proposal. If there are changes in the scope of the audit (additional redevelopment compliance requirements, or an elimination of redevelopment agencies based on State legislative actions, added enterprise activity, additional component units, new audit or accounting requirements, etc.), we would discuss these changes with the City Manager and Finance Director and the effect of these changes on the professional audit hours and costs of the engagement. Our fee for the single audit contemplates three major programs. A price adjustment of $2,500 will he made for each additional major program. 26 SECTION II, (CONTINUED) The following is a summary of hourly rates for services that may be required outside the scope of the audit for the 2011: Classification Hourly Rates Shareholders $195 Managers 175 Senior Auditors 135 Staff Auditors 115 The fees applicable to the City are as follows: Description of Services for City of National City 2011 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, and SAS #1 14 Communication 2. GANN Limit Review Procedures $32,500 800 3. Citywide A-133 Single Audit of Federal Grants (considers testing of 2 major programs, but excludes Section 8) 4 000 $37 300 Description of Services for National City CDC 2011 1. Financial and Compliance Audit of the CDC including Kimball Towers 8,000 2. Separate HUD Required A-I33 Single Audit of Morgan Towers 7,500 3. Citywide A-133 Single Audit of Federal Grants allocable to ]lousing Choice 4,500 4. REAC electronic Submission to HUD and related attestations 27 1,250 $21,250 MATTHEW LENTON, CPA ENGAGEMENT SHAREHOLDER California CPA Certificate No. 97111, March 2007 ROLE ON PROJECT Mr. Lenton will serve as the Engagement Shareholder on this project. He will oversee the project to ensure all required deadlines are met, provide technical assistance to the audit teams, and review the final reports before they are released. Mr. Lenton is a Certified Public Accountant with 10 years experience in local government auditing. Mr. Lenton has been a speaker on matters pertaining to technical issues and new GASB pronouncements. PROFESSIONAL EXPERIENCE • 10 years - Mayer Hoffman McCann P.C. (formally Conrad and Associates, LLP) PROFESSIONAL AFFILIATIONS • American Institute of Certified Public Accountants • California Society of Certified Public Accountants • California Society of Municipal Finance Officers EDUCATION • Bachelor of Science - Business Administration/Accounting (California State Polytechnic University, Pomona) AUDITS OF CALIFORNIA CITIES City of Beverly Hills City of Burbank City of Compton City of Highland City of Indian Wells City of Indio City of Inglewood City of Mission Viejo City of Newport Beach City of National City City of Rancho Santa Margarita City of Rancho Mirage City of Upland City of West Covina AUDITS OF SPECIAL DISTRICTS AND HOUSING AUTHORITY'S Desert Recreation District Hass Avocado Board Housing Authority of the City of Los Angeles Lake Arrowhead Community Services District AUDITS OF NONPROFIT ORGANIZATIONS National Childhood Cancer Foundation Beverly Hills Chamber of Commerce Newport Beach Chamber of Commerce Community Service Programs Moulton Niguel Water District San Gabriel Water Quality Authority South Montebello 1rrieation District Shelter Partnership California Family Life Center Orange County Conservation Corps New Directions for Women JENNIFER FARR, CPA, MBA TECHNICAL REVIEW SHAREHOLDER California CPA Certificate No. 76292, October 1998 ROLE ON PROJECT Ms. Farr will serve as the Technical Review Shareholder on the engagement. She will provide technical assistance to the audit team and review the final reports before they are released. Ms. Farr is a Certified Public Accountant with 13 years experience in local government auditing. Ms. Farr has been a speaker on matters pertaining to technical issues and new GASB pronouncements. Ms. Farr is also responsible for the firm -wide training for the Government Services Division of MHM in the area of local governmental accounting and auditing. PROFESSIONAL EXPERIENCE • 13 years - Mayer Hoffman McCann P.C. (formally Conrad and Associates, LLP) • I 1 Years - Ronald Blue and Co. PROFESSIONAL AFFILIATIONS • American Institute of Certified Public Accountants • California Society of Certified Public Accountants • California Society of Municipal Finance Officers EDUCATION • Bachelor of Arts Business Administration/Accounting (California State University, Fullerton) • Bachelor of Arts - English (California State University, Fullerton) • Masters of Business Administration (California State University, Fullerton) AUDITS OF CALIFORNIA CITIES City of Benicia City of Campbell City of Culver City City of Hayward City of Fountain Valley City of Orange City of Pasadena City of San Bruno City of Upland City of Whittier AUDITS OF SPECIAL DISTRICTS Inland Empire Utilities Agency Orange County Sanitation District Moulton Niguel Water District Southern California Assoc of Governments City of Burbank City of Commerce City of Half Moon Bay City of Indian Wells City of Mission Viejo City of Palm Springs City of Rosemead City of Santee City of Walnut Creek City of West Covina Irvine Ranch Water District Orange County Water District Vista Irrigation District Los Angeles Homeless Services Authority FELIZ INGA, CPA MANAGER California CPA Certificate No, 98276, August 2007 ROLE ON PROJECT Mr. Inga will serve as the Manager on the engagement. He will be responsible for the day to day audit field work and review of all audit documentation. Mr. Inga has been assigned responsibility for numerous audits and special assignments. This experience has encompassed financial and compliance audits of governmental and non-profit engagements, which have been performed in accordance with "Government Auditing Standards." Each of these audits has entailed a review of the entity's intemal control and financial management system. PROFLSSIONAL EXPERIENCE • 5 years - Mayer Hoffman McCann P.C. PROFESSIONAL AFFILIATIONS • American Institute of Certified Public Accountants • California Society of Certified Public Accountants EDUCATION • Bachelor of Arts - Business Economics/Accounting (University of California, Santa Barbara) AUDITS OF CALIFORNIA CITIES City of Carson City of Compton City of Fountain Valley City of Highland City of Lomita AUDITS OF SPECIAL DISTRICTS City of Laguna Beach City of La Quinta City of Rancho Mirage City of Riverside Inland Empire Utilities Agency West Basin Water District Vista Irrigation District California Joint Powers Insurance Authority Lake Arrowhead Community Services District Public Entity Risk Management Authority Elsinore Valley Municipal Water District Rancho California Water District Cucamonga Valley Water District CRI CARR RIGGS & INGRAM CPAs and Advisors INDEPENDENT ACCOUNTANT'S REPORT To the Board of Directors of Mayer Hoffman McCann P.C. Can Riggs & Ingram, LLC 4010 NW. 25th Place Gainesville, Florida 32606 P.O. Box 13494 Gainesville, Florida 32604 1352)372-6300 )352) 375-15831faxl maw cricpa.cam We have examined management's assertion regarding the California Municipal Audit Practice of Mayer Hoffman McCann P.C. that: "the system of quality control for the accounting and auditing practice applicable to municipal audits performed by the California offices of Mayer Hoffman McCann P.C. in effect for the year ended October 31, 2010, has been designed to meet the requirements of the quality control standards and requirements set forth in Government Auditing Standards, issued by the Comptroller General of the United States, referred to as generally accepted governmental auditing standards (GAGAS); U.S. generally accepted auditing standards (GAAS); Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments and Non -Profit Organizations; and the California Business and Professional Code. The system of quality control was also complied with during the year ended October 31, 2010, to provide the firm with reasonable assurance of complying with the applicable professional standards" Mayer Hoffman McCann P.C.'s management is responsible for the assertion. Our responsibility is to express an opinion on the assertion based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence supporting management's assertion and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion; however, our examination does not provide a legal determination on compliance with the requirements of specified laws, regulations or rules. In our opinion, management's assertion referred to above is fairly stated, in all material respects, based on the criteria set forth above. C Rj ¢ 71 ' Gainesville, Florida March 3, 2011 Carr, Riggs & Ingram, ELC Harold L. Monk, Jr., CPA, CFE Engagement Partner Experience Harold L. Monk, Jr. is a partner in the firm of Carr, Riggs & Ingram, LLC, in Gainesville, Florida. Born and raised in Gainesville, he graduated from the University of Honda in 1968 majoring in accounting. He worked as an internal auditor for the University of Florida for one year before joining a large local firm in 1969. In 1977, Harold was a founding partner of Davis, Monk & Company which merged with CRI in 2010. Harold is a Certified Public Accountant licensed in Florida and is a Certified Fraud Examiner. Active professionally, Harold is the Immediate past Chair of the Auditing Standards Board of the AICPA. He has served the Florida Institute of Certified Public Accountants as a member of numerous committees, and as a member of the Board of Governors, and as a CPE Discussion Leader. Harold was recognized as an "Outstanding Seminar Leader" for seven years by the FICPA, and was recognized as one of the top twenty instructors nationally for numerous years by the American Institute of CPAs. Harold continues to be an active speaker throughout the country on accounting and auditing issues. He has also served as a technical investigating officer for the Florida State Board of Accountancy. For several years, he chaired the joint task force for the Auditor General's office and the Florida State Board of Accountancy responsible for reviewing governmental audits flied within the State. In 2002 US Comptroller General Davis Walker appointed him the Advisory Council for the GAO Harold is the 2010 recipient of the AICPA's Gold Medal for Distinguished Service, the highest award the AICPA gives to a member. Numerous articles authored by Harold have been featured in state and national publications and he has authored or co-authored "Advanced Auditing for Partners and Managers" (AICPA), "Compliance Auditing" (AICPA), `Guide to Single Audits" (PPC), "Audits of Local Governments" (PPC), "Preparing Non Profit Financial Statements" (PPC), "Annual Accounting and Auditing Update" (PPC) and "Maximizing Single Audit Efficiency" (PPC). Education BSBA, Accounting, University of Florida Professional Affiliations American Institute of Certified Public Accountants (AICPA) Florida Institute of Certified Public Accountants (HCPA) 1 of 2 Carr, Riggs & Ingram, LLC Continuing Professional Education FICPA State and Local Government Conferences (2010, 2009) Tennessee Accounting & Auditing Symposium (speaker) AICPA Government Accounting & Auditing Update (2010, 2009) CFO Governmental Update FICPA University of Florida Accounting Conference (speaker) Louisiana Accounting & Auditing Conference (speaker) 2 of 2 Carr, Riggs & Ingram, LLC Martha Garcia -Baker, CPA Engagement Partner Experience Martha Garcia -Baker is an Audit Partner in the Gainesville office of CRI. Martha graduated from the University of Florida in 1986 with a Master of Accounting and has successfully completed the Governmental Accounting Certificate of Educational Achievement Program awarded by the American Institute of Certified Public Accountants. Since joining Davis, Monk & Company, which merged with CRI in January of 2010, Martha has been primarily involved in ail aspects of accounting, auditing and financial reporting of governmental entities. She is a member of the American Institute of Certified Public Accountants, the Florida institute of Certified Public Accountants, the Government Finance Officers Association, and the Florida Government Finance Officers Association. Martha has served on various committees of FICPA and is currently a member of the FICPA State and Local Government Committee. She is a past - president of the North Central Florida Chapter of the FICPA. Martha has, for the past twenty-two (22) years, supervised and performed numerous governmental audits including Alachua, Putnam, Dixie, Levy, Baker, Sumter, St. Johns and Gilchrist Counties. Her degree of involvement has been from staff to partner levels. She has also provided government consulting services to the Clay, Nassau, Putnam and Suwannee Counties. Martha has been active in providing assistance in the preparation of budgets, solid waste/full cost accounting disclosures and advance refundings. She has performed several agreed -upon procedures engagements regarding compliance issues related to governmental entities. Education BSBA, Accounting, University of Florida MA, Accounting, University of Florida Continuing Professional Education Update on Government Compliance Government Accounting & Auditing Update Single Audit Update Implementation of New Risk Assessment Standards Accounting & Auditing Update Professional Affiliations American Institute of Certified Public Accountants (AtCPA) Florida Institute of Certified Public Accountants (FICPA) Florida Government Finance Officers Association (FGFOA) =I I CRI Alan G. Nast., CPA Alan Nast has over 35 years of public, private and governmental accounting and auditing experience. He is also one of only three experts used by the Florida State Board of Accountancy to review governmental audit reports in consultation with the Auditor General's Office. Alan is past -president of the North Central Florida Chapter of the FICPA. He is also a Rotarian and a member of the Gainesville Area Chamber of Commerce. Alan currently serves on the FICPA's State and Local Government Committee. He is a former member of the FICPA's Government Standards Review Committee, the FGFOA's Technical Resources Committee and the AICPA's prestigious Governmental Accounting and Auditing Committee, where he was instrumental in helping to develop the AICPA's Audit and Accounting Guide, Audits of State and Local Governmental Units. Alan teaches accounting and auditing to other Certified Public Accountants throughout the State of Florida and the United States. Of particular relevance is a course entitled "Auditing and Reporting on Local Governments in Florida," for which he was twice recognized as an "Outstanding Discussion Leader" by the Florida Institute of CPAs. He also has made numerous presentations related to governmental auditing and accounting issues. Alan has been with Davis, Monk & Company, which merged with CRI in 2010, for over 29 years. Education BSBA, Accounting, University of Florida Continuing Professional Education Update on Government Compliance Government Accounting & Auditing Update Single Audit Update Implementation of Paperless Audit Software Implementation of New Risk Assessment Standards Accounting & Auditing Update Professional Affiliations American Institute of Certified Public Accountants (AICPA) Florida Institute of Certified Public Accountants (FICPA) Governmental Finance Officers Association (GFOA) Florida Government Finance Officers Association (FGFOA) AICPA PEER REVIEW REPORT Davis. Kinard o., P.C. September 26, 2008 To the Shareholders of Mayer Hoffman McCann P.C. and the Center for Public Company Audit firsts Peer Review Committee First Financial Bank Building 400 Pine Street. Suite 600 Abilene, Texas 79601-5138 Office (325) 672-4000 FAX (325) 672-7049 1-800-588-2525 We have reviewed the system of quality control for the accounting and auditing practice of Mayer Hoffman McCann P.C. (the firm) applicable to non -SEC issuers in effect for the year ended .April 30, 2008. 'Hie firms accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that por- tion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and proce- dures established to provide it with reasonable assurance of complying with professional standards.'fhe elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compli- ance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for I'uhlic Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessar- ily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also- projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compli- ance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Mayer I loffman McCann P.C. in effect for the year ended April 30. 2008, has been designed to meet the requirements of the quality control standards for an accounting and auditing prac- tice established by the AICPA. and was complied with during the year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. As is customary in a system review. we have issued a letter under this date that sets forth comments relat- ing to certain policies and procedures or compliance with them. The matters in the letter were not con- sidered to be of sufficient significance to affect the opinion expressed in this report. DAVIS, KINARD & CO., P.C. FOR MORE INFORMATION CONTACT: American Institute of Certified Public Accountants 220 Leigh Farm Road Durham, North Carolina 27707-8110 The CPA- Never Underestimate The Value. Attachment to the Peer Review Report of Mayer Hoffman McCann P.C. Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of qual- ity control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objective of evaluating whether: The reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers provides the firm with reasonable, but not absolute, assurance of complying with professional standards- Consequently a peer review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the fine should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces. the PRC considers each peer review, evaluates the reviewer's competence and pertormance, and examines every report, letter of comments. and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews work- ing closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports. letters of comments, and reviewed fines' responses, they are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the tinn agreeing to specific fol- low-up action requested by the PRC_ Firms that perform audits or play a substantial role in the audit of one or more SEC issuers. as defined by the Public Company Accounting Oversight Board (PCAOB), are required to he registered with and have their accounting and auditing practice appli- cable to SEC issuers inspected by the PCAOB. Therefore, we did not review the finn's accounting and auditing practice applica- ble to SEC issuers. Planning the Review of the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers To plan the review of Mayer Homan McCann P.C.. we obtained an understanding of ( I) the nature and extent of the firms accounting and auditing practice. and (2) the design of the firm's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding ofthe finn's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units_ Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control. including its audit methodology, and monitoring procedures. Assessing control risk is the process ofevaluating the effectiveness of the reviewed trm's system of quality control in preventing the performance of engagements that do not comply with profes- sional standards. Performing the Review of the Firm's Accounting and .Auditing Practice Applicable to Non -SEC Issuers Based on our assessment of the combined level of inherent and control risks. we identified practice units and selected engage- ments within those units to test for compliance with the firm's system of quality control- The engagements selected for review included engagements performed under Government 4uditing Standards, audits of Employee Benefit Plans and audits of engage- ments subject to the Federal Deposit Insurance Corporation Improvement Act. The engagements selected for review represented a cross-section of the finn's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examining working paper tiles and reports and interviewing engagement personnel_ The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the line's policies and procedures for the elements of quality control pertaining to independence- integrity. and objectivity_ per- sonnel management: and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted an exit conference with fine management to discuss our findings and recommendations. Davis, Kinard & Co., P.C. Certified Public Accountants September 26, 2008 First Financial Bank Building 400 Pine Street, Suite 600 Abilene, Texas 79601-5138 Office (325) 672-4000 FAX (325) 672-7049 1-800-588-2525 To the Shareholders of Mayer Hoffman McCann Y.C. We have reviewed the system of quality control for the accounting and auditing practice of Mayer Hoffman McCann Y.C. (the firm) applicable to non -SEC issuers in effect for the year ended April 30, 2008, and have issued our report thereon dated September 26, 2008. The matters described below were not considered to be of sufficient significance to affect the opinion expressed in that report, which should be read in conjunction with this letter. Engagement Performance Comment — The firm's quality control policies and procedures require the engagement shareholder, among others, to review the firm's reports and engagement documentation for compliance with professional standards prior to report issuance. We noted instances where it was evident that a careful review was not performed. As a result, in several situations (1) the report issued did not contain all of the language required by professional standards and/or the circumstances, and (2) management representation letters were not appropriately tailored to the engagement. None of the deficiencies noted were of such significance, however, to require additional action by the firm. Recommendation -- We recommend the firm reemphasize to all professionals, particularly engagement shareholders, the importance of carefully reviewing the firm's reports and engagement documentation, as required by the firm's quality control policies and procedures, to ensure that the reports and documentation comply with professional standards. Further, we recommend this matter be given additional emphasis as a part of the firm's monitoring procedures. co, ..c DAVIS, KINARD & CO., Y.C. ITEM #31 4/5/11 CLOSED SESSION REPORT (CITY ATTORNEY)