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Home My WebLink About2011 09-27 CC CDC ADJ AGENDA PKTAgenda Of An Adjourned 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 — September 27, 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 interpretacion en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.aov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/27/2011 - Page 2 PRESENTATIONS 1. Presentation by the Community Services Department to honor four National City lifeguards that positively represented the City and won awards at the San Diego County 2011 Lifeguard Games. 2. Quarterly Port Update — Port Commissioner Robert "Dukie" Valderrama 3. Presentation on Citywide Bus Stop Inventory and Bus Shelter Grant. (Development Services/Engineering) INTERVIEWS/APPOINTMENTS 4. Interviews and Appointments — Various Boards & Commissions (City Clerk) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the Minutes of the Adjourned Regular and Special City Council/Community Development Commission Meetings of July 21, 2011, Adjourned meeting of July 27, 2011, and Regular Meeting of September 6, 2011. (City Clerk) 6. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/27/2011 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City to assist developers allowing for a repetitive plan change fee at the full rate for the first plan review, additional reviews at 25% of the plan review fee for subdivisions where the developer wishes to make a plan change after the initial plan review for units that are on the same permit and owned by the same person(s). (Development Services/Building Division) 8. Resolution of the City Council of the City of National City accepting the work performed by MJC Construction with the final amount of $225,098.90, ratifying the filing of the Notice of Completion with the County Recorder, and authorizing final payment (retention) for the National City Parks ADA Access Upgrades & Park Garden Project, Specification No. 10-05. (Funded by CDBG Funds) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City approving an additional appropriation of $4,000,000 to allocate funds pursuant to the Disposition and Development Agreement (DDA) with Paradise Creek Housing Partners as approved on Resolution #2011-136. (Funded by Low/Mod Fund 522) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing a change in the appropriation of funding as approved by City Council Resolution No. 2011-173 from 2011 Tax Allocation Bond (Housing) Fund to the Low/Mod Fund in the amount of $61,901.50 (Funded by Low Mod Fund) (Development Services/Engineering) 11. Resolution of the City Council of the City of National City authorizing a change in appropriation from Tax Increment Fund to the 2011 Tax Allocation Bond (Capital Improvement Projects) Fund for a total of $800,000 for two CIP projects: 1) Highland Avenue Safety Improvements Project in the amount of $400,000; and 2) Traffic Safety. Enhancements (Including future SR2S) Project in the amount of $400,000. (Funded by 2011 Tax Allocation Bond. (Capital Improvement Projects Fund) (Development Services/Engineering) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/27/2011 - Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City authorizing a re- allocation of $500,000 from the 8th Street Improvement (Palm Avenue to Paradise Valley Road) to two projects: 1.) $300,000 to the 8th Street Improvement — Highland to Palm Project; and 2) $200,000 to. the 4th Street Community Corridor Project. (Funded by 2011 Tax Allocation Bond - Capital Improvement Projects) (Development Services/Engineering) 13. Resolution of the City Council of the City of National City authorizing an appropriation in the amount of $200,000 to fund the El Toyon Improvement Project. (Funded by Park Development. Impact Fees). (Development Services/Engineering) 14. Resolution of the City Council of the City of National City authorizing the closure of various Capital Improvement Projects and release appropriations in the amount of $220,214.30. (Development Services/Engineering) 15. Resolution of the City Council of the National City approving the Part 2B (Chiller Control System upgrades) Project and appropriating $400,000 plus 10% contingency for any unforeseen changes for a total of $440,000 in Account Number 189-409-500-598-1591 (Chiller Project) (Funded by Civic Center Refurbishing fund) (Development Services/Engineering) 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement #BTA 1112-11-SD-03 between the Califomia Department of Transportation (CALTRANS) and the City of National City for the 4th Street Community Corridor Project #6181, and authorizing an appropriation from Prop "A" fund in the amount of $202,627 to be used as part of the local grant match requirements for the project. (Funded by Prop "A" funds) (Development Services/Engineering) 17. Resolution of the City Council of the City of National City rescinding Resolution 2011-199 and authorizing the Mayor to execute an Agreement by and between the City of National City and Safdie Rabines Architects not to exceed $291,777 for architectural services related to the National City Aquatic Center. (2011 Tax Allocation Bonds) (Redevelopment Services/Special Projects). CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/27/2011 - Page 5 CONSENT CALENDAR (Cont.) 18. Resolution of the City Council of the City of National City rescinding Resolution No. 2011-200 and authorizing the Mayor to execute an Agreement by and between the City of National City and Project Professionals Corporation not to exceed $224,599 for project management services related to the construction of the National City Aquatic Center (2011 Tax Allocation Bonds). (Redevelopment Services/Special Projects) 19. Resolution of the City Council of the City of National City approving an Agreement not to exceed $74,984 with the Department of Toxic Substance Control providing environmental oversight of remediation and closure of the 12.75 acre Westside Infill Transit Oriented Development site (2200 and 2020 Hoover Avenue). (Low -Mod Housing Funds per Cooperation Agreement dated February 15, 2011) (Redevelopment/Special Projects) **Companion Item #36** 20. Resolution of the City Council of the City of National City approving an amendment to the salary schedule for the Management employee group to include a salary band for the newly created classification of Deputy City Attorney $74,630.25 - $99,507.00 annually. (Human Resources) 21. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement between the City of National City and Claims Management Associates (CMA) Inc., in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City. (Human Resources) 22. Resolution of the City Council of the City of National City accepting proposals for National City Towing and Impound Contract Services, and final contract award to two providers: Tom Moynahan Towing and Road One Towing. Contract term: October 1, 2011- September 30, 2013. (Police & Finance) 23. Temporary Use Permit — Sweetwater Hot Rod and Custom Bike Show hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on October 8, 2011 from 10:00 a.m. to 4:00 p.m. with no waiver of fees. (Neighborhood Services Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/27/2011 - Page 6 CONSENT CALENDAR (Cont.) 24. Temporary Use Permit — Sweetwater High School's Homecoming Football Game Halftime Show on October 28, 2011 from 5:00 pm to 10:00 pm at Sweetwater High School. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Services Division) 25. Temporary Use Permit — Fall Festival hosted by the South Bay Community Church at 2400 Euclid Avenue on October 31, 2011 from 5:00 pm to 9:00 pm with no waiver of fees. (Neighborhood Services Division) 26. Request to use Martin Luther King Jr. Community Center (North Room) by National City Chamber of Commerce for the "Salute to Navy" luncheon on Wednesday, October 5, 2011 from 9:00 a.m. to 3:00 p.m. This event is co- sponsored by the City. (Public Works) 27. Request to initiate a Street Vacation to vacate portions of D Avenue, south of 31st Street and 32nd Street east of D Avenue. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). (Development Services/Planning) 28. WARRANT REGISTER #8 Warrant Register #8 for the period of 08/17/11 through 08/23/11 in the amount of $2,569,265.90. (Finance) 29. WARRANT REGISTER #9 Warrant Register #9 for the period of 08/24/11 through 08/30/11 in the amount of $2,006,825.29. (Finance) ORDINANCE FOR ADOPTION 30. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by amending Section 6.04.140 pertaining to Business Tax License to be consistent with regulatory codes and resulting in the streamlining of the process for Business License issuance. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/27/2011 - Page 7 NON CONSENT RESOLUTION 31. Resolution of the City Council of the City of National City authorizing the ranking of non -conforming uses in the Westside Specific Plan area, appropriating $13,720 from General Fund contingency reserve and establishing September 30, 2011 as the baseline date for data being used in the ranking. (General Fund) (Redevelopment Services/Special Projects) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 32. Authorize the reimbursement of Community Development Commission expenditures in the amount of $54,077.38 to the City of National City for the period of 8/17/11 through 08/23/11. (Finance) 33. Authorize the reimbursement of Community Development Commission expenditures in the amount of $17,828.35 to the City of National City for the period of 08/24/11 through 08/30/11. (Finance) 34. Resolution of the Community Development Commission of the City of National City (CDC) adopting an amended Enforceable Obligations Payment Schedule. (Redevelopment/Special Projects) 35. Resolution of the Community Development Commission of the City of National City (CDC) adopting its Initial Draft Recognized Obligations Payment Schedule. (Redevelopment/Special Projects) 36. Resolution of the Community Development Commission of the City of National City (CDC) approving an agreement not to exceed $74,984 with the Department of Toxic Substance Control providing environmental oversight of remediation and closure for the 12.75 acre Westside Hill Transit Oriented Development site (2200 and 2020 Hoover Avenue). (Low -Mod Housing Funds) (Redevelopment/Special Projects) **Companion Item No. 19** CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/27/2011 - Page 8 STAFF REPORTS 37. Report on SPICE (synthetic marijuana) Awareness. (Police) 38. Report on Power Outage. (Fire) 39. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — October 4, 2011 — 6:00 p.m. — Council Chambers — National City, California ITEM #1 9/29/11 PRESENTATION BY THE COMMUNITY SERVICES DEPARTMENT TO HONOR FOUR NATIONAL CITY LIFEGUARDS THAT POSITIVELY REPRESENTED THE CITY AND WON AWARDS AT THE SAN DIEGO COUNTY 2011 LIFEGUARD GAMES. ITEM #2 9/29/11 QUARTERLY PORT UPDATE - PORT COMMISSIONER ROBERT "DUKIE" VALDERRAMA ITEM #3 9/27/11 Presentation on Citywide Bus Stop Inventory and Bus Shelter Grant (Development Services/Engineering) ;y_�rgr ct'ion fromounci( in order'ta prcce _KK process for purchase & installation of the grant -funded bus shelters LOCATION: EUCLID AVE @ PLAZA BLVD (ORIENTATION: NORTHBOUND / FARSIDE) • Ridership o Rank: 6 o Weekly Average Boarding/Alighting: 1,452 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Commercial • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: Yes o Bench Count: 1 o Type: Advertising o Condition: Good • Shelter: No • Trash Receptacle: Yes • Lighting: No LOCATION: EUCLID AVE @ PLAZA BLVD (ORIENTATION: SOUTHBOUND / NEARSIDE) yr NV��M�po °I�Gin4 10,440000 • Ridership o Rank: 10 o Weekly Average Boarding/Alighting: 1,205 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Commercial • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: Yes o Bench Count: 1 o Type: Advertising o Condition: Good • Shelter: No • Trash Receptacle: Yes • Lighting: No LOCATION: EUCLID AVE @ 9TH ST (ORIENTATION: NORTHBOUND / NEARSIDE) • Ridership o Rank: 73 o Weekly Average Boarding/Alighting: 357 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Senior Care / Residential (Multi -Family) / Commercial • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: No o Bench Count: 0 o Type: N/A o Condition: N/A • Shelter: No • Trash Receptacle: No • Lighting: No LOCATION: EUCLID AVE @ 9TH ST (ORIENTATION: SOUTHBOUND / FARSIDE) 0y Vlwill i'ii111 m ,C;;a • Ridership o Rank: 39 o Weekly Average Boarding/Alighting: 683 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Senior Care / Residential (Multi -Family) / Commercial • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: No o Bench Count: 0 o Type: N/A o Condition: N/A • Shelter: No • Trash Receptacle: Yes • Lighting: No LOCATION: EUCLID AVE @ 8TH ST (ORIENTATION: NORTHBOUND / FARSIDE) • Ridership o Rank: 53 o Weekly Average Boarding/Alighting: 524 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Paradise Valley Hospital / Senior Housing • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: Yes o Bench Count: 1 o Type: Concrete o Condition: N/A • Shelter: No • Trash Receptacle: Yes • Lighting: No LOCATION: EUCLID AVE @ 6TH ST ORIENTATION: SOUTHBOUND / FARSIDE) • Ridership o Rank: 91 o Weekly Average Boarding/Alighting: 295 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Paradise Valley Hospital / Medical Offices • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: No o Bench Count: 0 o Type: N/A o Condition: N/A • Shelter: No • Trash Receptacle: No • Lighting: No LOCATION: EUCLID AVE @ 4TH ST (ORIENTATION: SOUTHBOUND / FARSIDE) • Ridership o Rank: 59 o Weekly Average Boarding/Alighting: 448 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Paradise Valley Hospital / Medical Offices • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: No o Bench Count: 0 o Type: N/A o Condition: N/A • Shelter: No • Trash Receptacle: No • Lighting: Yes LOCATION: EUCLID AVE @ 4TH ST (ORIENTATION: NORTHBOUND / NEARSIDE) • ,: *'6a4uil N^J!IP"dfmi�p��w�n�. • Ridership o Rank: 124 o Weekly Average Boarding/Alighting: 124 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Paradise Valley Hospital / Medical Offices • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: No o Bench Count: 0 o Type: N/A o Condition: N/A • Shelter: No • Trash Receptacle: No • Lighting: No LOCATION: HIGHLAND AVE @ 24TH ST (ORIENTATION: SOUTHBOUND / FARSIDE) • Ridership o Rank: 24 o Weekly Average Boarding/Alighting: 866 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Commercial • ADA Compliant: Yes o Sidewalk: 8' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: Yes o Bench Count: 1 o Type: Advertising o Condition: Good • Shelter: No • Trash Receptacle: Yes • Lighting: Yes LOCATION: HIGHLAND AVE, 2600 Block (ORIENTATION: NORTHBOUND / MIDBLOCK) • Ridership o Rank: 67 o Weekly Average Boarding/Alighting: 380 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Senior Housing / Senior Care / Church • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: Yes o Bench Count: 1 o Type: Advertising o Condition: Good • Shelter: No • Trash Receptacle: Yes • Lighting: Yes LOCATION: HIGHLAND AVE @ 28TH ST (ORIENTATION: NORTHBOUND / NEARSIDE) • Ridership o Rank: 22 o Weekly Average Boarding/Alighting: 887 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Sweetwater High School / Residential • ADA Compliant: Yes o Sidewalk: 6' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: Yes o Bench Count: 1 o Type: Advertising o Condition: Good • Shelter: No • Trash Receptacle: Yes • Lighting: Yes LOCATION: HIGHLAND AVE @ 30TH ST (ORIENTATION: SOUTHBOUND / NEARSIDE) • Ridership o Rank: 5 o Weekly Average Boarding/Alighting: 1,861 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Sweetwater High School / Commercial • ADA Compliant: Yes o Sidewalk: 6.5' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: No o Bench Count: 0 o Type: N/A o Condition: N/A • Shelter: No • Trash Receptacle: Yes • Lighting: Yes LOCATION: HIGHLAND AVE @ 30TH ST (ORIENTATION: NORTHBOUND / NEARSIDE) • Ridership o Rank: 8 o Weekly Average Boarding/Alighting: 1,279 • Red Curb: Yes o Existing: >100' o Additional Required: N/A • Adjacent Land Use: Commercial • ADA Compliant: Yes o Sidewalk: 10' o Parkway Strip: No o Concrete Access Pad Required: No • Bench: Yes o Bench Count: 1 o Type: Advertising o Condition: Good • Shelter: No • Trash Receptacle: Yes • Lighting: Yes CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 4 MEETING DATE: September 27, 2011 'EM TITLE: Interviews and Appointments — Various Boards & Commissions PREPARED BY: :Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: See attached Status Report. Summary of recommended actions at this meeting. • Art Committee • Library Board • Civil Service • Parks Rec / Seniors • CPRC DEPARTMENT: City Cie APPROVED BY: '` Take action to fill expired term. Take action to fill two expiring terms and one current vacancy. Take no action at this time. Interview new applicants. Take no action at this time. Interview new applicants. Take no action at this time. FINANCIAL STATEMENT: ACCOUNT NO. EINVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Take action as outlined above. BOARD / COMMISSION RECOMMENDATION: N/A APPROVED: APPROVED: ATTACHMENTS: Status Report, Summary of Vacancies, Applicants and Expired Terms Applications Finance MIS OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, CA 91950 Michael R. Dalla, CMC— City Clerk 619-336-4228 phone 619-336-4229 fax September 27, 2011 TO: Honorable Mayor and Members of the City Council FROM: Michael Dalla, City Clerk SUBJECT: Status Report - Boards and Commissions There are currently two (2) new applicants to be interviewed. Notice of Vacancies and Expired terms have been advertised in the newspaper and posted on bulletin boards and on the city's web page. If you are aware of any other interested applicants, please encourage them to apply as soon as possible. Below you will find a summary of the status of Boards & Commissions needing Council consideration. ART COMMITTEE Appointing Authority Members: Terms Expire: Meetings are held: Staffing Provided by: Mayor with approval of City Council 5 September 30th Quarterly Community Services Current Status: There has been one expired term on the Art Committee since June 2010. Seven applicants, including two incumbent members, are eligible for appointment. CIVIL SERVICE COMMISSION Appointing Authority City Council Members: Terms expire: Meets: Staffing Provided by: 5 September 30th 6 times per year Human Resources Current Status: There is one (1) current vacancy resignation and one (1) term on the Commission 2011. The incumbent Commissioner (Jerry Cano) and there is one new applicant to be interviewed. on the Commission due to a will expire on September 30, has requested reappointment PARKS, RECREATION AND SENIOR CITIZENS ADVISORY BOARD Appointing Authority Mayor with approval of City Council Members: 7 Terms Expire: September 30th Meets: Every two months Staffing Provided by: Community Services Current Status: Four (4) terms on the PRSCAB will expire on September 30, 2011. All four (4) incumbent Advisory Board members have requested reappointment and there is one (1) new applicant to be interviewed. LIBRARY BOARD OF TRUSTEES Appointing Authority Mayor with approval of City Council Members: 5 Terms Expire: September 30th Meets: Monthly Staffing Provided by: Library Staff Current Status: There is one (1) current vacancy on the Board due to a resignation and two (2) terms will expire on September 30, 2011. Both incumbent commissioners have requested reappointment and two (2) applicants have been interviewed and are eligible for appointment. COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) Appointing Authority Mayor with approval of City Council Members: 8 (7 voting / 5 residents and 2 non-residents) Terms expire: March 31st Meets: 4 times per year Staffing Provided by: Community Services Current Status: Appointments to the CPRC should be deferred until new by-laws are adopted clarifying the appointment process and a new application is prepared. APPLICATION SUMMARY ART / CIVIL SERVICE / LIBRARY / PARKS RECREATION SENIOR CITIZEN ADVISORY BOARD Applicants Interviewed Request Re -Appoint Deborah Canedo Richard Wingfield Wayne English Gloria Bird Shane Uriarte Darryl Gorham Frank Bueno Christina Chacon William Ramsey Vener Yambao Pearl Quinones Roberto Andrade Yvonne Cordoba James Grier Howard Schwitkis Arlene Castillo Deborah Hernandez Jerry Cano 1 = First Choice x = Willing to serve *" = On Sep 30th N N Y Y Y Y Y Y Y Y Y Yes Yes Yes Yes Yes Yes Yes Yes Yes Vacancies Exp term Parks Recreation & Senior Citizen Art Library Civil Service Advisory Board 0 0 1 1 4** 1 2** 1** x 1 1 1 1 x x 1 1 1 1 x 1 1 1 1 1 1 9 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: �l�d.�=4-if f ' LFrcL�D Home Address: afrt'� 1 ' Ac92,t1 Tel. No: % 4� — /6 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: 7dtie-s San Diego County: 72- T.e-CCalifornia: 72- 4925 Educational Background: n 1g j /4/) `me ifs i'g_A-Dw,+Ic cr C, CQ.e .o A- G5 ( S fc.„4. 7tD^ L jAre- t.m.4 .Tt av4) Occupational Experience: qo Ctrserpfsteace] Vo/ureter wolf Gt.trx 3--744e R CIS tta Wet etcr 02—zcoff?' T? d Cat, I4SfiYDrsfi f00:1— S. 8 t-io l� 0 2 Professional or Technical Organization Memberships: 564e 4-.oITIOAPA--1. IA.( _44..A .c ,49—W E C4-7to1R Civic or Community Experience, Membership, or Previous Public Service Appointments: ;,9-Vi i rc arm j�e� Pz Experience or Special Knowledge Pertaining to Area of Interest: SEFG� , —O D f v—I0Josue e,,i Have you ever been convicted of a crime? No: %( Yes: Date: r30o C( Signatur 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 EDUCATIONAL HISTORY AND COMMUNITY INVOLVEMENT EDUCATION Master of Arts in Education 1985 USIU Reading Specialist Credential 1985 USIU General Elementary Credential 1963 SDSU AB Degree-Spanish/Anthropology 1962 SDSU POST -GRADUATE STUDIES (1986-1990) University of California, San Diego University of Missouri, St. Louis TEACHING EXPERIENCE Chula Vista School District John J. Montgomery Elementary School - Language Arts Specialist National School'pistrict Parents as Teachers Program - Community Parent Educator San Ysidro School District La Mirada Elementary School - Reading Lab Spanish and English Reading Transitional Program Chula Vista School District Travelling Spanish Teacher Sixth Grade/First Grade Teacher COMMITTEES AND ORGANIZATIONS (1973-1990) President, National City Public Library Board of Trustees Board Member, National City Public Library Board of Trustees Board Member, Families for Literacy Project Board Member, Project Read Board Member, Project My Turn Advisory Board Sweetwater District GATE Advisory Committee Sweetwater District Advisory Committee on Curriculum & Instruction Sweetwater District Desegregation Committee Sweetwater District Lau Steering Committee Hilltop High School GATE Parent Advisory Committee National School District Citizens' Integration Committee National School District Parent Advisory Committee National School District District Desegregation Committee National School District Lau Steering Committee National School District Bilingual Parent Advisory Committee National School District Bilingual Education Committee Kimball School Parent Advisory Committee Kimball School Bilingual Parent Advisory Committee President, Vice -President, Secretary, Treasurer National School District/National City Community Mini -Park Committee National City/Tecate, Mexico Sister City Committee 5 BOARD OF TRUSTEES OF THE NATIONAL CITY PUBLIC LIBRARY (1985-1990) Appointed by the Mayor and the National City Council Trustees determine policy relating to the operation and administration of the library. ADVISORY BOARD OF FAMILIES FOR LITERACY PROJECT (1988-1990) Literacy program for parents and children ADVISORY BOARD OF PROJECT READ (1986-1990) Literacy program for adults ADVISORY BOARD OF PROJECT MY TURN (1986-1988) Project My Turn, funded by a California State Library grant, is a library -based tutorial program for junior high school students. Junior high school students are given an opportunity to receive one-on-one assistance from trained tutors. Appointed by Library Board of Trustees to represent National City Library ACCELERATED BILINGUAL CLUSTER PROGRAM (1985-1987) Volunteered in National School District's Advanced Bilingual Class Presented study units and assisted classroom teachers and students with independent study on class topics Curriculum consisted of Navanced instruction in reading, math and spanish PARENT VOLUNTEER COORDINATOR (1974-1980) Organized Bilingual Parent Volunteer Program for Kimball Elementary School, National School District Presented bilingual workshops to parents Trained parent volunteers to work with students and teachers COMMUNITY WORKSHOPS (1974-1980) Presented workshops at County Education Center regarding Parent Volunteer Programs in Bilingual Schools Presented workshops for San Diego State Institute for Cultural Pluralism Lau Center regarding Parent Volunteer Programs in Bilingual Schools TESTING TEAM EXPERIENCE (1969-1972) -Ed Snyder and Associates Member of testing team with Ed Snyder and Associates Tested students in Spanish and English at Norwalk/La Mirada School District Independent field study and language dominance survey for Bilingual Education Programs for the state of California CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Name: 1'S ti t-tA(Zl7 t,i .c)(-2-Ftr1 _f 3 Home Address: 2.1 QV t✓ Tel. No.: (fl 1 -% 3`) --(-i 1 f-0 Business Affiliation: N/A Title: N/A Business Address: Tel. No.: )./71 Length of Residence in National City:. yie5 San Diego County: 3ytz'" California: 3 yla S Educational Background: F-Fit,tt Vi6'LDrnA j Gve2.Er.JrLY :L tO T auLt-(-)e-- Occupational Experience: ?AiOrt✓K. Lt)A!rev_ � i� S= IJ1�V � 1 .ESC UG Scx3"t�M Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Voe.urrezt I:rt f AC-PcO1 `.%E Cft.tft=l. 1kNf) 3 i GLIJ F KIVv. Experience or Special Knowledge Pertaining to Area of Interest: ��L j >t3CLc1 �uizSU�N(-) A DEC7C.€E itiJ ENule.bU1Yit &SAL i_Al1) Have you ever been convicted of a crime? No: X Date: Signature: Yes: Please feel free to provide additional information or letters of endorserrr 1t. o 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 1 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: �y-'Lo /2/r=i g/%Z j7 Home Address: o2 Business Affiliation: rfY4 Business Address: /l , L Tel. No.&(77�S1o� Z_ Title: Tel. No.: Length of Residence in National City: �5c-/re ,, an Diego County:�S x,5 California: ffS"7,,e S Educational Background: yy Occupational Experience: Professional or Technical Organization Memberships: rvo.vE Civic or Community Experience, Membership, or Previous Public Service Appointments: f?o,.) aF Rv 5 75E- c 42- )(F. `s -12,ads f/2/r-/UP i p Experience or Special Knowledge Pertaining to Area of Interest: 171)4v/3£El) vavL✓✓Toe 4-7 L46/2-t9P--_\/ iL Have you ever been convicted of a crime? No: Yes: Date: 3/7 Signature: �� C; , 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. o2 s- 3a x. ae s Residency requirements may not apply This documents is filed as a public document Revised: 12/02/10 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: ArIi V� L �S 1�0�3 _)czzz St,C4,'I21 � �� 2676 � Home Address: 2 7/o I<th S7: �('' rr �I Z 1 Z1 Tel. No: 'n Business Affiliation: -06 "1'/C� .�r� SC,4j0( Title: (1! (LTb0t " _ Business Address: .1 31 7 Z L . fib C < q1S t. No.: 6 tq 2 7 6.g-g� Length of Residence in National City: y San Diego County: 1 California: Educational Background: ( 0 . 76--S(rj(i40Z-06- / S'42J ,l aS-c- S j � -7 1/1V/c)�YL Occupational Experience: R E M Scci 7,5,w r Professional or Technical Organization Memberships: k,1t f- Ii 4704IS--( b1/P -- CQ6"4i1-t l gfel C - C A) ilecoc. or t7/ CQ2 Civic or Community Experience, Membership, or Previous Public Service Appointments: Urv� s -.Sk; /Ai& �. %��r N/46 UI C 1,( PR -Mast lad Vow Experience or Special Knowledge Pertaining to Area of Interest: /I/f7Q S Q T"E%/'SG- /E�3 6 j /1/ErleeiSo haf2,404-j o,v 7 , � & Have you ever been convicted of a crime? No: Date: 7 --2 r�/ Signature: Yes: X 1 g6 3 T3ok16r/J AL/-g_L/14 - Y 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 r- r) 179 7ievis?c 12/02/10 r— N CO D CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES CM! 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 ot National City except for those marked by an Name: —Dr P Ry l,_ C or h Q YY` Home Address: I q f v Q Tel_ No I9 g369 — 3 0 8V- Business Affiliation: Re:-1-1 RV d Title: Business Address: Tel. No.: Length of Residence in National City 50 --t San Diego County: b California: 6 `r Educational Background: D 1-1 4-1 cot. L { ��21� t rV O L i £S 1- PG1QL Ct?U Rse. ` - � JY\ Occupational Experience: S C.Gti v p r , a PA [J�[ ram[ �., Professional or Technical Organization Memberships: 4t, ? Az L e ?1 p//7�eA,/ Civic or Community Experience, Membership, or Previous Public Service Appointments: M9 Frw '. -1 q. l'.w..,� t ry J e Si-e c1 A (--t('Q r,..P s-e,aiJ r wet, 11,41TL Ci4 'Experience or Special Knowledge Pertaining to Area of Interest: fiN.e • t�-e-,E.d-e-A-s• v.st4t3 Bosr Niesci Coachea 1-1-4 -Le i-eIv°5'e o ►vat t2 tVP�t t P S-eA-ems/ SOA] bo,va.4-•ed tfe)1710ocatrvds --{-- o 1 Q cit C cz g. Have you ever been convicted of a crime? No: Yes: ivi4„..4 Date:. jiAJ L f i ( Signature: li, h �v e A L w AA-.(s b-e_e. N t Nr -1 e,2-e CI I Iv GliCe ate FYI 41tilife Please feel free to provide additional information or letters t►lt Plea o endorsement. `./6�I -4 -1J 1(,1 P T MAAN —(1,fl }� OO €J2 DRM , lease return completed formho: 1) 3e (n't tht,N TEOS Office ot the City Clerk pi (wN p,�Q M„ ` 1243 National C' Blvd, National City, CA 91950 1 "'r s�� Lt t) L-+ op � -.m 4c o,vfc� Q I-. -1- Thank you for your interest in servin the City of National City. pRob Residency requirements mai hot ap y 1 6 - D+- c � 042-C1 ( This documents is filed as a public document Revised: 121021!0 CeLN 9 a0 Opp mil`''" 10 CITY OF NATIONAL CITY APPUCATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission X 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: Pearl Quinones Home Address: _3009 E. 6th Street, national City, CA. Tel. No.: _619.206.9162 Business Affiliation: _Sweetwater UHSD___ Title: Vice President Business Address: 1130 Fifth Avenue, Chula Vista, CA. 91911Tel. No.: _619_585.4405 Length of Residence in National City: _111981 San Diego County: 19f31 California: 1981 Educational Background: BA —Political Science, Masters Public Administration, Educational Leadership Occupational Experience: __Education Dropout Prevention Specialist Professional or Technical Organization Memberships: _NALEO, CA. School Board Association, Borderview YMCA, CYAC, HOPE,CWEAR NHLI, CLSBA, CSEA Civic or Community Experience, Membership, or Previous Public Service Appointments: _Appointed to Congressman Bob Fitner's Education Committee, CSBA English Learners, CSBA Public Policy Committee. Experience or Special Knowledge Pertaining 10 Area of Interest: I assisted in the establishment and implementation of the San Diego Police Review Board in 1989; work closely with various police departments in my capacity as a Dropout Prevention Specialist and as a Sweetwater Board Trustee. Have you ever been convicted of a crime? No: X Yes: Date: 1/4/2011 Signature: Pearl Quinones Please feel tree 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. 11 CITY OF NATIONAL_ CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission' . Public Art Committee' bc Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an ' Name:It,1T�L} Home Address: tY �V �, 16 KD Tel. No: 60 6 `6 l .)3 Business Affiliation: .1f. ' I t iO pQ�f,S,t' Title: f%F'"t Business Address: (pno ,. 5 3f. 3 6c `1)1 (1Sb Tel. No_: (2+ 1- I1}R lU Length of Residence in National City: 4, nri3Oc San Diego County: Clip S-California: Educational Background: �`' lift HAV./I/14 619d-AY ) f; Occupational Experience: Experience: S Ii9AgC C i QFZ1 k 4Cl'k rS 2 its ti\ AQ Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Spec I Knowledge Pertaining to Area of Interest: Plefbrrgt ts( Have you ever been convicted of a crime? No: Date: Signature - Yes: Please Teel free to provide additional information or fellers 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 !Bed as a public document Revised: October 1, 2009 tat 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` 2011 Traffic Safety Committee Sweetwater Authority cn-y RECEIVED IA 1 Y CLERK MARIO AD OF NATIONAL Cl Note: Applicants must be residents of the City of National City except for those marked by an • Name: s L k.c M r; (e- Home Address: 2'7 / 7 - //✓e— ,.AtAl, / e-is " 04- Tel_ No: 4/9V 2- d 1- 6 7Z 5-- Business Affiliation: t/EC/rn"G Cd►t-IP"q Title: e Business Address: /f 7 e (i 2,4. g/d. (o B v 2e3- z78 Tel. No: (0`9Zo-6`12C Length of Residence in National City: S San Diego County: 2 0 California: 2 5— Educational Background: 4 i.91t 5cIteol D; 4550S Pe- hJYSi So Occupational Experience: fvr/ E/ ftT ( /A- sfrVa/or Professional or Technical Organization Memberships: 4/akek,4 1 eLr++b'e of co e- Civic or Community Experience, Membership, or Previous Public Service Appointments: fr -5 01 f- 0 F 1/,' 'A/ If 4- /A ,,'.tf,., / Experience or Special Knowledge Pertaining to Area of Interest: Ago4r'a- /m-ew �tr� c f' Cet d1C it e0.0%4 ✓ 44( (rat t 1 Have you ever been convicted of a crime? No: /o —Za /7 Date: 3 ^ Signature: Yes: ✓ r✓44+ t✓"i S 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 \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 t_i 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: ry c 2 . S9 , 9dY7-1r3lry Home Address: b t= • PIA Z ( 1/0 Business Affiliation: /N1 L. CH OS I%'tn0 c E TEP Business Address: /93C ?ad hue .Ctluttl 11/s1) rA _ Tel. No: 41 1. I - ( 3 'C Dr-L. Title: T;42Clt( R/r c-i'orZrrrTzop) TeL No.: Length of Residence in National City: /11 (11 f . San Diego County: 14 f p- California: Educational Background: A LSoC,i "12cr2rpT rt-fH,sI0-0-x-)cos- ,,.,,,) ,41.r 4 72. .r 1 9(jo ctzugia rit.t f irkv er-1 ki - inoti Occupational Experience: /?/'r/ul2WiN✓C-6 (iocsiNd1/-;,•dj , SN/P gPit1), , M677r1/E77_ r-•W r_rZt2=1_ cw J -PAW ilr lZ 13 !AC) CLC�S f ✓ ! :6 i - 15.2 LlLIT)d- hid c, ' -firs DaZ Professional or Technical Organization Memberships: /AriA)Wyuv CLur3 c% Civic or Community Experience, Membership, or Previous Public Service Appointments: flhTro/�� P1t `t Z(2f:s At.0 f�i2�f.,/tr/s c oru1i i R Experience or Special Knowledge Pertaining to Area ol Interest: r T A 7ifr+4K£12_ AL+D :DC}ASZT ("9-4( 0.-11; `7 Have you ever been convicted of a crime? No: )( Yes: Dale: O/- a. - .:o// Signature: Please feel free to provide additional information or letters ol 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 ITEM #5 9/29/11 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR AND SPECIAL CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION JULY 27, 201, AND REGULARMEETING OFO1L 11, ADJOURNED MEJULY MEETINGTING O SEPTEMBER 6, 2011 (CITY CLERK) „,, City of National City Y, y Office of the City Clerk n ,. 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Della, City Clerk Subject: Ordinance Introduction and Adoption ITEM #6 9/27/11 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title.” Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 3 TEM TITLE: A Resolution of the City Council of the City of National City , to assist developers, allowing for a repetitive plan change fee, at the full rate for the first plan review, additional reviews at 25% of the plan review fee applied to subdivisions where the developer wishes to make a plan change after the initial plan review, for units that are on the same permit and owned by the same person(s), PREPARED BY: Luis Sainz, Building Official PHONE: X-4214 EXPLANATION: See attached background report. DEPARTMENT: Development Sep ices -Building Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS For any submittal meeting criteria, the fee for the first review would be a full fee, and repetitive reviews at 25% of the fee amount. Total amount would be dependent upon the number of requests received. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Background Report Proposed New Building Miscellaneous portion of the Fee Schedule Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REDUCTION OF THE FEE FOR A REPETITIVE PLAN CHANGE TO 25°A) OF THE FULL RATE FOR THE FIRST PLAN REVIEW WHEN THE FIRST PLAN RECEIVED AN IN-DEPTH REVIEW; THE SECOND PLAN AND EACH ONE THEREAFTER IS IDENTICAL TO THE FIRST PLAN SUBMITTED; THE PLANS ARE ALL PART OF THE SAME PERMIT; AND THE PROPERTY FOR WHICH THE PLANS ARE PROPOSED IS ALL OWNED BY THE SAME PROPERTY OWNER(S) WHEREAS, the Fee Schedule has a lower fee for repetitive plan reviews when the plans are all originally submitted for review; and WHEREAS, repetitive plan reviews submitted after the initial plan review pay the full fee for each review; and WHEREAS, when a repetitive plan is submitted after the initial plan review, less review may be required when the following conditions exist: 1. the first plan received an in-depth review; 2. the second plan and each one thereafter is identical to the first plan submitted; 3. the plans are all part of the same permit; 4. the property for which the plans are proposed is all owned by the same property owner(s); and WHEREAS, when all four conditions exist, the time spent to review the repetitive plans is less than the time spent for the first plan; and WHEREAS, reducing the fee for repetitive plan reviews under the four conditions stated above to 25% of the cost of the fee for the first plan represents the reasonable cost of reviewing repetitive plans under the circumstances described above. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reduction of the fee for a repetitive plan change to 25% of the full rate for the first plan review, when the following four conditions are present: 1. the first plan received an in-depth review; 2. the second plan and each one thereafter is identical to the first plan submitted; 3. the plans are all part of the same permit; 4. the property for which the plans are proposed is all owned by the same property owner(s). --- Signature Page to Follow --- Resolution No. 2011 — Page Two PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Background Report The cun-ent Fee Schedule allows for a discount for developers for subdivisions when repetitive plan reviews are originally submitted for review. It does not provide a mechanism to afford developers a discount for repetitive plan reviews if they wish to make a change to the units after the initial plan review. Examples would be if the developer wished to add a deck, carport, fence, awning/canopy, porches, balconies, patios, patio covers, or garages to the units, or other item, as approved by the Building Official. A plan review only requires one in-depth review and then a cursory review on each of the repetitive plans. Staff recommends that Council approve the initial plan review cost at the fee as stated in the current fee schedule and then, charge only 25% of that fee for any repetitive plan review. This would only pertain to reviews when the following three conditions are met: a) They are identical to the original submittal, and b) They are on the same permit, and c) They are owned by the same person(s). Below is a cost comparison table: To add a deck to five units: Current Fee Schedule Fee No. TOTAL Deck $534.00 5 No. $2,670 Proposed Fee Schedule Fee (1st plan review) TOTAL Deck $534.00 4 a 25% fee amount ($133.50) $534.00 $1,068.00 This amendment to the Fee Schedule would not apply to the inspection fee portion of the permit. 1 BUILDING MISCELLANEOUS Abandoned Building Inspection Fee Antenna— Telecom Facility Equipment container Cellular/Mobile Phone, free-standing Cellular/Mobile Phone, co -location Appeal of Abatement Notice Awning/ Canopy (supported by building) Repetitive plan change review Balcony Addition Repetitive plan change review Building Moving Application Fee Carport Repetitive plan change review Change of Occupancy Close Existing Openings Compliance Inspections/ Reinspections Condo Conversion Covered Porch Repetitive plan change review Deck (wood) Repetitive plan change review Demolition— Residential Partial Demo (flat fee) Demolition - Residential Demolition - MultiFamily/Commercial Document Research Fee Door-- New Drywall (first 500 sq.ft.) additional 100 sq.ft. Fence or Freestanding Wall (non- masonry) >6 feet in height each additional 100 lif Fence or Freestanding Wall (masonry) >6 feet in height each additional 100 lif Repetitive plan change review Fireplace Masonry Pre-Fabricated/Metal Rag pole (over 30 feet in height) each each each each each each 1st at fee, each additional at 25% fee each 1st at fee, each additional at 25% fee each up to 500 sq.ft. 1st at fee, each additional at 25% fee each each each each unit each 1st at fee, each additional at 25% fee each 1st at fee, each additional at 25% fee each each each 1/2 hour installation each each sheet Up to 100 lif Up to 100 lif each 100 lif Up to 100 lif each 100 lif 1st at fee, each additional at 25% fee each each each Fee $178.00 $653.00 $475.00 $415.00 $475.00 $ 296.00 $475.00 $831.00 $ 415.00 $623.00 $237.00 $237.00 $475.00 $593.00 $534.00 $100.00 $178.00 $296.00 $ 59.00 $390.00 $118.00 $9.00 $267.00 $ 29.00 $356.00 $59.00 $267.00 $207.00 $296.00 Garage (Residential) Attached Detached Repetitive plan change review Greenhouse (non- commercial) Insulation Lighting pole each additional pole Mobile Home Mobile Home, double wide Partition- Commercial, Interior Additional partition Partition- Residential, Interior Additional partition Patio' Cover Wood frame Wood frame (with calcs) Metal frame Repetitive plan change review Photovoltaic System Pile Foundation Cast in place concrete (first 10 piles) Additional Piles (increments of 10) Driven (steel, pre -stressed concrete) Additional Piles (increments of 10) Pre- Plan Check Appointments (first hour) Pre -Plan Check appt (each add'I 1/2 hour) Remodel- Residential 500 sq.ft. single story Additional Remodel Re -roof Tile/Shake - first 500 sq.ft. each additional 100 sq.ft. Comp/Metal - first 500 sq.ft. each additional 100 sq.ft. Roof Structure Replacement each additional 100 sq.ft. Residential Re- Plumb (Flat Rate) Residential Re- Wire (Flat Rate) Room Addition- First Story Up to 500 sq.ft. each additional 100 sq.ft. Up to 500 sq.ft. (wl Calcs) each addition per 100 sq.ft Room Addition- Multi- story Up to 500 sq.ft each addition per 100 sq.ft. Up to 500 sq.ft. (with calcs) up to 750 sq. ft. up to 750 sq. ft. 1st at fee, each additional at 25% fee each each each each each each up to 30 I.f. each 30 I.f up to30if. each 30 I.f per 300 sq.ft. per 300 sq.ft. per 300 sq.ft. per 300 sq.ft. 1st at fee, each additional at 25% fee per system up to 10 each 10 up to 10 each 10 each each $415.00 $415.00 $415.00 $296.00 $296.00 $59.00 $534.00 $593.00 $168.00 $9.00 $168.00 $9.00 $475.00 $475.00 $593.00 $475.00 $415.00 $ 475.00 $178.00 $534.00 $237.00 $118.00 $ 59.00 up to 500 sq.ft. $593.00 each 100 sq. ft. $29.00 up to 500 sq. ft. each 100 sq. ft. up to 500 sq. Ft. each 100 sq. ft. up to 500 sq.ft. each 100 sq. ft. each unit each unit up to 500 sq. ft. each 100 sq. ft. up to 500 sq.ft. each 100 sq. ft. up to 500 sq.ft. each 100 sq. ft. each 500 sq. ft. $260.00 $9.00 $415.00 $9.00 $534.00 $48.00 $207.00 $207.00 $ 712.00 $28.00 $890.00 $ 38.00 $950.00 $28.00 $1,128.00 each addition per 100 sq.ft. Sauna steam Siding additional siding Signs Pole Sign, non -electric Pole Sign, Electric Wall/Awning Sign, Non -electric Wall, Electric Skylight Spa or Hot Tub (Pre- fabricated) Stairs— First Flight each additional flight Storage Racks over 8' high (up to 100 If) each additional 100 If Stucco Applications Additional stucco application Swimming Pool/ Spa Gunite Master Plan Coord - Prod. Unit each additional 100 sq.ft. Commercial Gunite pool (up to 800 sq.ft.) Commercial each add'I 100 sq.ft. Window or Sliding Glass Door New Window (non structural) New Window (structural) each additional non-structural each additional structural OTHER MISCELLANEOUS FEES: Standard Hourly Rate Research Supplemental Plan Check Fee Supplemental Inspection Fee Emergency (Non- Scheduled) Call- Out Fee After Hours (Scheduled) Call- Out Fee Each additional hour `PRA / Copies each 100 sq. ft. each per 400 sq.ft. each 400 sq.ft. each each each each each each first flight per flight first 100 sq. ft. each 100 sq_ ft. up to 400 sq.ft. per each 400 sq.ft. up to 800 sq. ft. each 100 sq. ft. up to 800 sq. ft. each 100 sq. ft. each each each each $ 38.00 $207.00 $178.00 $19.00 $296.00 $326.00 $207.00 $ 296.00 $207.00 $178.00 $178.00 $29.00 $268.00 $29.00 $237.00 $29.00 $475.00 $39.00 $564.00 $39.00 $168.00 $255_00 $27.00 $27.00 $118.00 per 1/2 hour $59.00 per hour $118.00 per hour $118.00 4 hours $475.00 2 hours $237.00 per hour $118.00 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 20111 AGENDA ITEM NO. 8 ITEM TITLE: A Resolution of the City Council of the City of National City accepting the work performed by MJC Construction with the final amount of $225,098.90, ratifying the filing of the Notice of Completion with the County Recorder, and authorizing final payment (retention) for the National City Parks ADA Access Upgrades & Park Garden Project, Specification No. 10-05. (Funded by CDBG Funds) PREPARED BY: Kenneth Fernandez PHONE: 336-4388 DEPARTMENT: Development Services/ Engineering Division EXPLANATION: APPROVED B Please see attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Funds were utilized from expenditure accounts 301-409-500-598-6174 and 301-409-500-598-4130. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff requests and recommends the adoption of the resolution to formally close said project. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Final Contract Balance 3. Notice of Completion Spec 10-05 NOC EXPLANATION Per Resolution No. 2011-09, City Council awarded a contract to MJC Construction in the amount of $242,007.50 for the National City Parks ADA Access Upgrades and Parks Garden Project, Specification No. 10-05. During the course of construction, five (5) change orders and line item increases facilitated the completion of this project as listed on the Final Contract Balance Sheet. Please refer to attached "Final Contract Balance" document for a breakdown of line items and contracted work days. A final inspection was completed and closing documentation was submitted to the City for review and eligibility of a Notice of Completion. Final acceptance of the project was delayed while waiting for closing documents from the contractor. After receiving documents, the Notice of Completion was filed on July 28, 2011. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and ratification of the filing of a Notice of Completion for the National City Parks ADA Access Upgrades and Parks Garden Project, Specification No. 10-05 and authorize the release of retention. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY MJC CONSTRUCTION FOR THE TOTAL FINAL AMOUNT OF $225,098.90, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON JULY 28, 2011, AND AUTHORIZING THE RELEASE OF THE REMAINING RETENTION IN THE AMOUNT OF $16,490.62 FOR THE NATIONAL CITY PARKS ADA ACCESS UPGRADES AND PARK GARDEN PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division of the Development Services Department that all work required to be done by MJC Construction for the total final amount of $225,098.90, for the National City Parks ADA Access Upgrades and Park Garden Project has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on July 28, 2011, and orders that payment for said work be made in accordance with said contract, including release of the remaining retention in the amount of $16,490.62. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney +� CALIEOF.pNlA FINAL CONTRACT BALANCE DATE: September 27, 2011 PROJECT: National City Parks ADA Access Upgrades & Park Garden Project, Specification No. 10-05 TO: Jimenez Inc. dba MJC Construction Mr. Javier Jimenez, President 3015 Sylvia Street Bonita, CA 91902 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $242,007.50 February 16, 2011 July 28, 2011 (includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 25 working days 0 working days 25 working days This Final Contract Balance reports final line item amounts and summarizes all change order to produce a final contract amount. Please see attached Final Contract Balance sheet. DISCUSSION: Change Orders and line item adjustments: Change Order #1: The Contractor agreed to install Alternate Bid "D" at the prices listed in the Contractor's Bidder's Proposal. The Contractor also agreed not to install Alternate Bid "C". This was a zero sum change order. Change Order #2: The Contractor agreed to reduce line item 2a Kimball Park, 6" sidewalk replacement by 1,430 square feet at $7.00 per square foot for a total cost savings to the City of $10,010.00. This was a zero sum change order. Change Order #3: The Contractor agreed to perform grading, clearing, grubbing and restoration work in El Toyon Park in the amount of $4,525.00, which was paid as line 1 FINAL CONTRACT BALANCE National City Parks ADA Access Upgrades & Park Garden Specification No. 10-05 item work, and additional grading and asphalt paving in the amount of $23,200.00, which represents the total costs of this Change Order. Change Order #4: The Contractor agreed to remove and dispose of existing concrete improvements and install 2 pedestrian ramps, 20 lineal feet of curb and gutter, and 105 square feet of 4" sidewalk at E. 17`h Street just east of National City Boulevard per the applicable regional standard drawings. The total cost for the Change Order was $4,850.00. Change Order #5: The Contractor agreed to reduce various line items of work as represented on the spreadsheet attached to Change Order #5. This was a zero sum change order. Line Item Change No. 2 was an increase in the Removal and Replacement of 4" Sidewalk. The increase was 902 feet of removal and replacement of 4" sidewalk in the amount of $4,059.00. Line Item Change No. 3 was a decrease in the Removal and Replacement of 6" Sidewalk. The decrease was 618 feet of removal and replacement of 6" sidewalk in the amount of $3,708.00. Line Item Change No. 4 was an increase in the Removal and Replacement of Pedestrian Ramps. The increase was the removal and replacement of 4 pedestrian ramps in the amount of $7,000.00. Line Item Change No. 5 was an increase in the installation of New 4" Sidewalk. The increase was 1,990 square feet of New 4" Sidewalk in the amount of $9,950.00. Line Item Change No. 6 was a decrease in the installation of New Pedestrian Ramps. The decrease was 4 pedestrian ramps in the amount of $6,000.00. Line Item Change No. 7 was a decrease in the installation of New 6" Edge Curb. The decrease was 52 lineal feet of New 6" Edge Curb in the amount of $520.00 Line Item Change No. 8 was a decrease in the installation of New Galvanized Metal Handrails. The decrease was 70 lineal feet of New Galvanized Metal Handrail in an amount of $3,150.00. Line Item Change No. 9 was an increase in the installation of Parking Spaces. The increase was 2 Parking Spaces in the amount of $1,000.00. Line Item Change No. la was an increase in the Removal and Replacement of 4" Sidewalk at Kimball Park. The increase was 171 square feet of removal and replacement of 4" Sidewalk in the amount of $1,026.00. 2 of 4 2 FINAL CONTRACT BALANCE National City Parks ADA Access Upgrades & Park Garden Specification No. 10-05 Line Item Change No. 2a was a decrease in the Removal and Replacement of 6" Sidewalk. The decrease was 2,081 square feet of removal and replacement of 6" Sidewalk in an amount of $19,607.00. Line Item Change No. 3a was a decrease in the Removal and Replacement of Pedestrian Ramps. The decrease was 2 removal and replacements of Pedestrian Ramps in an amount of $3,000.00. Line Item Change No. 4a was a decrease in the installation of New 4" Sidewalk. The decrease was 200 square feet of New 4" Sidewalk in an amount of $1,600.00. Line Item Change No. 7a was a decrease in the installation of Cross -gutter. The decrease was 850 square feet of Cross -gutter in an amount of $10,200.00. Line Item Change No. lb was an increase in Clearing and Grubbing. The increase was 2.25 times the lump sum item in an amount of $4,500.00. Line Item Change No. 6b was a decrease in the installation of 4" Compacted Decomposed Granite. The decrease was 628 square feet of 4" Compacted Decomposed Granite in the amount of $753.60. Line Item Change No. 7b was a decrease in the installation of Synthetic Wood Edging for Decomposed Granite ADA Path. The decrease was 77.5 lineal feet of synthetic Wood Edging in the amount of $155.00. Line Item Change No. lc was an increase of 6' Tall Vinyl Coated Chain Link Fence. The increase was 90 linear feet of 6' Tall Vinyl Coated Chain Link Fence in an amount of $2,700.00. Therefore, the construction bid price of $242.007.50 was decreased by $16,908.60 due to said actual construction change orders and the net balance of line item changes resulting in a final construction cost of $225,098.90. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price to date is adjusted to $225,098.90. 2. As a result of the satisfactory completion of said project, a retention amount of $16,490.62 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. 3 of4 3 FINAL CONTRACT BALANCE National City Parks ADA Access Upgrades & Park Garden Specification No. 10-05 This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, toots and equipment, profit, overhead, and all incidentals for performing the work described above. MJC Construction will not be entitled to damages or additional payment for delays as described in the 2010 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 4 of 4 4 CITY OF NATIONAL CITY ADA Access Upgrades & Park Garden Specification No. 10-05 FINAL CONTRACT BALANCE August 17, 2011 Fri -44tie`, au .•t.t,. , . „ Otipinal,Cantract 4:, •.F.inal . , No. Item Unit Quantity Unit Price Amount Quantity Amount 1 Mobilization LS 1 5,000.00 5,000.00 1.00 5,000.00 2 R&R 4" Sidewalk SF 3,335 4.50 15,007.50 4,237.00 19,066.50 3 R&R 6" Sidewalk SF 850 6.00 5,100.00 232.00 1,392.00 4 R&R Ped Ramps EA 4 1,750.00 7,000.00 8.00 14,000.00 5 New 4" Sidewalk SF 4,795 5.00 23,975.00 6,785.00 33,925.00 6 New Ped Ramps EA 7 1,500.00 10,500.00 3.00 4,500.00 7 New 6" Edge Curb LF 400 10.00 4,000.00 348.00 3,480.00 8 New Galvanized Metal Handrail LF 400 45.00 18,000.00 330.00 14,850.00 9 Spaces EA 9 500.00 4,500.00 11.00 5,500.00 10 New 6' Chain Link Gate EA 1 1,600.00 1,600.00 1.00 1,600.00 11 Water Quality Control (Includes CO#5) LS 1 2,000.00 2,000.00 1.00 2,000.00 tIditiViiillfdtM (KIrii Sa'II'Park) : f, : - ;, • _ ,' _ - - la R&R 4" Sidewalk SF 600 6.00 3,600.00 771.00 4,626.00 2a R&R 6" Sidewalk SF 7,585 7.00 53,095,00 4,784.00 33,488.00 3a R&R Ped Ramps EA 4 1,500.00 6,000.00 2.00 3,000.00 4a New 4" Sidewalk SF 200 8.00 1,600.00 - - 5a New Ped Ramps EA 5 1,500.00 7,500.00 2.00 3,000.00 6a New ADA Detectable Domes SF 100 20.00 2,000.00 100.00 2,000.00 7a Crossgutter SF 850 12.00 10,200.00 - - 8a Water Quality Control LS 1 2,000.00 2,000.00 1.00 2,000.00 Idrtivt Bid smItt- sio iipark:Ga'rdini xv:',! 1b Clearing and grubbing LS 1 2,000.00 2,000.00 3.25 6,500.00 6b 4" Thick Compacted Decomposed Granite SF 3,600 1.20 4,320.00 2,972.00 3,566.40 7b Synthetic Wood Edging for Decomposed Granite ADA Path LF 705 2.00 1,410.00 627.50 1,255.00 xi A` dttr<vel3idiV3(EI Toyon Park Garden lc 6' Tall Vinyl Coated Chain Link Fence LF 620 30.00 18,600.00 710.00 21,300.00 2c 6' Wide ADA Accessible Viynl Coated Chain Link Gate with Locakable Latch EA 2 3,000.00 6,000.00 2.00 6,000.00 3c 12' Wide Vinyl Coated Chain Link Double Gate with Lockable Latch EA 1 5,000.00 5,000.00 1.00 5,000.00 CO#3 AC Paving at Sports Field LS 1 23,200.00 23,200.00 1.00 23,200.00 CO#3 Extra grading, stump removals LS 1 4,500.00 4,500.00 - - CO#4 PCC work on 17th LS 1 4,850.00 4,850.00 1.00 4,850.00 TOTALS 225,098.90 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd_ National City, CA 91950 TH._ THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUL 28, 2011 DOCUMENT NUMBER 2011-0384351 Ernest J Dronenburg, Jr., COUNTY RECORDER SAN DIE GO COUNTY RECORDER'S OFFICE TIME: 2:47 PM (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION: The National City Parks ADA Access Upgrades & Park Garden Specification No. 10-05 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 6 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS_ Attn: CITY CLERK 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECT[ON 3093 NOTICE IS HEREBY GIVEN of the completion on June 30, 2011 of The National City Parks ADA Access Upgrades & Park Garden, Specification No. 10-05 Work of improvement or portion of work of improvement under construction or alteration. El Toyon Park, Las Palmas Park and Kimball Park in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner -in -Fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with MJC Construction, Inc. Name of Original Contractor The following work and material were supplied: Installation of concrete improvements (ADA ramps Sr. sidewalks), fencing and irrigation; Concrete Masons, Laborers, and Operators; Bob Cats Trucks, Pumpers and Loaders. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: July 7, 2011; Joint tenants, tenants in common, or other owners ;ignature-of-Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. [ declare under penalty of perjury that the forgoing is true and correct. Executed on July 011, at National City, California. Signature: RON MORRISON, MAYOR N,CO,O-1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City approving an additional appropriation of $4,000,000 to allocate funds pursuant to the Disposition and Development Agreement (DDA) with Paradise Creek Housing Partners as approved by Resolution No. 2011-136. (Funded by Low/Mod Fund 522). PREPARED BY: Barby Tipton PHONE: (619) 336-4583 EXPLANATION: On June 21, 2011 the City Council adopted Resolution No. 2011-136 approving the Disposition and Development Agreement (DDA) with Paradise Creek Housing Partners LP, wherein the City pledged $6,000,000 from the Low/Mod Account (Fund 522) and $14,957,000 from the 2011 Tax Allocation Bond (Housing) (Fund 524), for a total of $20,957,000.00 in order to fund the WI-TOD project. DEPARTMENT: Development es- ering Divisio APPROVED BY: During the budget process for the Capital Improvement Program (CIP), the Council approved appropriating $2,000,000 from the Low/Mod Account (Fund 522) and $15,000,000 from the 2011 Tax Allocation Bond (Housing) (Fund 524), for a total of $17,000,000 for the WI-TOD project. There is a difference of $4,000,000 between the DDA and the adopted CIP. This Resolution will appropriate the $4,000,000 to the CIP from the Low/Mod Fund 522 to make the DDA and CIP Budget match for the WI-TOD project. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: / MIS Funds are available from Low/Mod Housing Fund to appropriate $4,000,000.00 to Account 522-409-500-598-1592 (WI- TOD Project) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Copy of Resolution No. 2011-136 2. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION OF $4,000,000 TO ALLOCATE FUNDS PURSUANT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH PARADISE CREEK HOUSING PARTNERS, LLP, AS APPROVED BY CITY COUNCIL RESOLUTION NO. 2011-136 WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011- 136, approving the Disposition and Development Agreement ("DDA") with Paradise Creek Housing Partners, LP wherein the City pledged $6,000,000 from the Low/Mod Account (Fund 522), and $14,957,000 from the 2011 Tax Allocation Bond (Housing) (Fund 524), for a total of $20,957,000.00 in order to fund the Westside InfiII Transit -Oriented Development ("WI-TOD") Project; and WHEREAS, during the budget process for the Capital Improvement Program ("CIP"), the Council approved appropriating $2,000,000 from the Low/Mod Account (Fund 522) and $15,000,000 from the 2011 Tax Allocation Bond (Housing) (Fund 524), for a total of $17,000,000 for the WI-TOD Project; and WHEREAS, an appropriation of $4,000,000 to the CIP from the Low/Mod Fund 522 is necessary to allocate funds pursuant to the DDA with Paradise Creek Housing Partners, LLP, as approved by City Council Resolution No. 2011-136. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an appropriation to the Capital Improvement Program of $4,000,000 from the Low/Mod Fund 522 to allocate funds pursuant to the Disposition and Development Agreement with Paradise Creek Housing Partners, LLP, as approved by City Council Resolution No. 2011-136. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2011 — 136 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP FOR THE DEVELOPMENT OF 201 UNITS OF AFFORDABLE HOUSING, PUBLIC FACILITIES, OPEN SPACES, AND COMMUNITY SERVICES ON 12.75 ACRES KNOWN AS THE NATIONAL CITY PUBLIC WORKS CENTER AND ILLES FAMILY TRUST SITE WHEREAS, as the result of a competitive request for qualifications process, the Community Development Commission of the City of National City ("CDC"), Related Companies of California, and Community Housing Works entered into an Exclusive Negotiation Agreement on March 3, 2009, to plan for an Mill affordable housing project described in the Westside Specific Plan; and WHEREAS, the City of National City owns all of the sites needed to develop the project (APN Nos. 560-206-03, 05, 560-391-05, 10, 08, 560-396-06, 559-104-10, 559-124-05, 559-125-15), and WHEREAS, Related Companies of California and Community Housing Works formed the Limited Partnership called Paradise Creek Housing Partners, LP to complete the project; and WHEREAS, development of the proposed 201-unit infill affordable transit - oriented project is consistent with the Redevelopment Plan for the National City Redevelopment Project, the National City General Plan, and the Westside Specific Plan; and WHEREAS, the CDC pledges to fund: 1. Phase 1 of the project — 109 housing units and the expansion of Paradise Creek Education Park with $6,000,000 in Low Moderate Housing Fund reserves and $14,957,000 in 2011 Tax Allocation Bond proceeds; and 2. Phase 11 of the project — 92 housing units with $14,909,000 in future Tax Allocation Bond proceeds. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves a Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP for the development of 201 units of affordable housing, public facilities, open spaces, and community services on 12.75 acres known as the National City Public Works Center and Illes Family Trust site_ Said Disposition and Development Agreement is on file in the office of the City Clerk. 1 Resolution No. 2011 — 136 Page Two BE IT FURTHER RESOLVED that the environmental affects of the infill affordable housing project which is the subject of this DDA, have been fully assessed, analyzed, and addressed in the Final Environmental Impact Report SCH No. 2008071092 for the Westside Specific Plan, certified by the City Council on March 16, 2010, and there are no substantive changes to the project that would require further environmental review. BE IT FURTHER RESOLVED that the Community Development Commission Board has considered that the Final Environmental Impact Report SCI l No. 2008071092 for the Westside Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Final Environmental Impact Report, which reflects the Community Development Commission Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. PASSED and ADOPTED this 21st day of June, 201 Bra APOVD AS 10 FARM CIa CD va enera Co rncil on Morrison, Chairman 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing a change in the appropriation of funding as approved by City Council Resolution No. 2011-173 from 2011 Tax Allocation Bond (Housing) Fund to the Low/Mod Fund in the amount of $61,901.50. (Funded by Low/Mod Fund) PREPARED BY: Barby Tipton PHONE: (619) 336-4583 DEPARTMENT: Developme ervi Engineering Divisi APPROVED BY: EXPLANATION: On June 21, 2011 the City Council adopted Resolution No. 2011-136 approving the Disposition and Development Agreement (DDA) with Paradise Creek Housing Partners LP, wherein $14,957,000 from the 2011 Tax Allocation Bond (Housing) (Fund 524), was obligated for the WI-TOD project. On August 2, 2011, the City Council adopted Resolution No.2011-173 approving an agreement with consultant Kimley-Horn where a line item was approved to fund the design of the relocation of Public Works for $61,901.50, also utilizing Fund 524. The amount budgeted in the Capital Improvement Program for the project from Fund 524 was $15,000,000. There are insufficient funds in the 524 account for both the DDA and for the design of the relocation of Public Works by consultant Kimley- Horn. It is proposed to use the Low/Mod Account (Fund 522) to pay for the design work for the relocation of Public Works to be conducted by consultant Kimley-Hom, at a cost of $61,901.50. Adoption of this Resolution will authorize the change in the appropriation from 2011 Tax Allocation Bond (Housing) Fund 524, to the Low/Mod Fund (Fund 522) for the design of the relocation of Public Works by Kimley-Horn. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds are available in Fund 522 (Low/Mod) to establish an appropriation of $61,901.50 to fund the design work for the relocation of Public Works, as part of the contract with consultant Kimley-Horn. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Copy of Resolution No. 2011-173 (Contract with Kimley-Horn) 2. Copy of Resolution N.O. 2011-136 (DDA with Paradise Creek Housing Partners LP) 3 Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHANGE IN THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $61,901.50, APPROPRIATED BY CITY COUNCIL RESOLUTION NO. 2011-173, FROM THE TAX ALLOCATION BOND FUND (FUND 524) TO THE LOW/MOD FUND (FUND 522) FOR DESIGN SERVICES BY KIMLEY-HORN & ASSOCIATES, INC., FOR THE RELOCATION OF PUBLIC WORKS WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011- 136, approving the Disposition and Development Agreement ("DDA") with Paradise Creek Housing Partners, LP, wherein $14,957,000 from the 2011 Tax Allocation Bond — Housing Fund (Fund 524) was obligated for the Westside Infill Transit -Oriented Development ("WI-TOD") Project; and WHEREAS, on August 2, 2011, the City Council adopted Resolution No. 2011- 173, approving an agreement with Kimley-Horn & Associates, Inc., where a line item was approved to fund the design of the relocation of Public Works for $61,901.50, also utilizing 2011 Tax Allocation Bond — Housing Fund (Fund 524); and WHEREAS, the amount budgeted in Fund 524 for the Capital Improvement Program was $15,000,000, therefore, there are insufficient funds in Fund 524 for both the DDA and the design of the relocation of Public Works by Kimley-Horn & Associates, Inc.; and WHEREAS, the Low/Mod Fund (Fund 522) is an appropriate fund to pay for the public works relocation design work; and WHEREAS, it is appropriate to change the appropriation of the $61,901.50 to fund the Agreement with Kimley-Horn & Associates, Inc., from the 2011 Tax Allocation Bond — Housing Fund (Fund 524) to the Low/Mod Fund (Fund 522). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes a change in the appropriation of the $61,901.50, as approved by City Council Resolution No. 2011-173, from the 2011 Tax Allocation Bond — Housing Fund (Fund 524) to the Low/Mod Fund (Fund 522) for design services by Kimley-Horn & Associates, Inc., for the relocation of Public Works. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney RESOLUTION NO. 2011 — 173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE YEAR AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE DESIGN SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR THE NOT TO EXCEED AMOUNT OF $772,003.50, AND AUTHORIZING 30% CONTINGENCY UP TO $231,601.05 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide design services for various capital improvement projects; and WHEREAS, the City has determined that Kimsey -Horn & Associates, Inc., is qualified by experience and ability to perform the services desired by the City, and Kimley- Hom & Associates, Inc., is willing to perform such services for the not -to -exceed amount of $772,003.50 WHEREAS, a contingency amount up to $231,601.50 for unforeseen project needs is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kimley-Horn & Associates Inc., for a three-year period to provide design services for various capital improvement projects for the not -to -exceed amount of $772,003.50_ Said Agreement in on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a contingency amount up to $231,601.05 for unforeseen project needs. PASSED and ADOPTED this 2nd day of August, 20 1 ATTEST: iA- Michael R_ Dalla, City Clerk PROVE ■ AS TO FORM au City ilva Ron Morrison, Mayor 1 Passed and adopted by the Council of the City of National City, California, on August 2, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None_ AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-173 of the City of National City, California, passed and adopted by the Council of said City on August 2, 2011_ ti City erk of the Cil of National City, California By Deputy • 2 RESOLUTION NO. 2011 — 136 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP FOR THE DEVELOPMENT OF 201 UNITS OF AFFORDABLE HOUSING, PUBLIC FACILITIES, OPEN SPACES, AND COMMUNITY SERVICES ON 12.75 ACRES KNOWN AS THE NATIONAL CITY PUBLIC WORKS CENTER AND ILLES FAMILY TRUST SITE WHEREAS, as the result of a competitive request for qualifications process, the Community Development Commission of the City of National City ("CDC"), Related Companies of California, and Community Housing Works entered into an Exclusive Negotiation Agreement on March 3, 2009, to plan for an infill affordable housing project described in the Westside Specific Plan; and WHEREAS, the City of National City owns all of the sites needed to develop the project (APN Nos. 560-206-03, 05, 560-391-05, 10, 08, 560-396-06, 559-104-10, 559-124-05, 559-125-15); and WHEREAS, Related Companies of California and Community Housing Works formed the Limited Partnership called Paradise Greek Housing Partners, LP to complete the project; and WHEREAS, development of the proposed 201-unit infill affordable transit - oriented project is consistent with the Redevelopment Plan for the National City Redevelopment Project, the National City General Plan, and the Westside Specific Plan; and WHEREAS, the CDC pledges to fund: 1. Phase I of the project — 109 housing units and the expansion of Paradise Creek Education Park with $6,000,000 in Low Moderate Housing Fund reserves and $14,957,000 in 2011 Tax Allocation Bond proceeds; and 2. Phase Ii of the project — 92 housing units with $14,909,000 in future Tax Allocation Bond proceeds. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves a Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP for the development of 201 units of affordable housing, public facilities, open spaces, and community services on 12.75 acres known as the National City Public Works Center and Illes Family Trust site. Said Disposition and Development Agreernent is on file in the office of the City Clerk. Resolution No. 2011 — 136 Page Two BE IT FURTHER RESOLVED that the environmental affects of the infili affordable housing project which is the subject of this DDA, have been fully assessed, analyzed, and addressed in the Final Environmental Impact Report SCH No. 2008071092 for the Westside Specific Plan, certified by the City Council on March 16, 2010, and there are no substantive changes to the project that would require further environmental review. BE IT FURTHER RESOLVED that the Community Development Commission Board has considered that the Final Environmental Impact Report SCH No. 2008071092 for the Westside Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Final Environmental Impact Report, which reflects the Community Development Commission Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. PASSED and ADOPTED this 21 st day of June, 201 Bra AP OV. D AS TO F Cla ili CDslor - lir enera itncil M: on Morrison; Chairman 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing a change in appropriation from Tax Increment Fund to the 2011 Tax Allocation Bond (Capital Improvement Projects) Fund for a total of $800,000 for two CIP projects: 1) Highland Avenue Safety Improvements Project in the amount of $400,000 and 2) Traffic Safety Enhancements (Including future SR2S) Project in the amount of $400,000. (Funded by 2011 Tax Allocation Bond (Capital Improvement Projects) Fund) PREPARED BY: Barby Tipton DEPARTMENT: Development rvices / PHONE: 619-336-4583 APPROVED BY: Engir , EXPLANATION: During the budget process for the Capital Improvement Program (CIP), Council approved appropriating from the Tax Increment Fund (511), $800,000 to fund two CIP projects: 1) Highland Avenue Safety Improvements Project and 2) Traffic Safety Enhancements (Including future SR2S) Project. After reviewing bond requirements, it was determined that the proper appropriation should be fund 524, the 2011 Tax Allocation Bond (Capital Improvement Projects). It is requested that the approved appropriation from Tax Increment funds be released and the appropriation be established using 2011 Tax Allocation Bond (Capital Improvement Projects) Fund for the two projects, each in the amount of $400,000 for a total of $800,000. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: 't' V Finance APPROVED: / MIS Funds are available to appropriate $800,000 from 2011 Tax Allocation Bond (Capital Improvement Projects) to account 524-409-500-598-6170 (Highland Avenue Safety Improvements) in the amount of $400,000 and to account 524-409-500-598-6183 (Traffic Safety Enhancements (Including future SR2S) in the amount of $400,000. Un-appropriate $400,000 from account 511-409-500-598-6183 and $400,000 from account 511-409-500-598-6170 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A CHANGE IN THE APPROPRIATION OF FUNDS FROM THE TAX INCREMENT FUND (FUND 511) TO THE 2011 TAX ALLOCATION BOND (CAPITAL IMPROVEMENT PROJECTS) FUND (FUND 524) FOR TWO CIP PROJECTS: 1) HIGHLAND AVENUE SAFETY IMPROVEMENTS PROJECT IN THE AMOUNT OF $400,000; AND 2) TRAFFIC SAFETY ENHANCEMENTS (INCLUDING FUTURE SR2S) PROJECT IN THE AMOUNT OF $400,000, FOR A TOTAL OF $800,000 WHEREAS, during the budget process for the Capital Improvement Program ("CIP"), the City Council approved the appropriation of $800,000 from the Tax Increment Fund (Fund 511) to two CIP projects: 1) Highland Avenue Safety Improvements Project; and 2) Traffic Safety Enhancements (Including future SR2S) Project. WHEREAS, after reviewing bond requirements, it was determined the proper appropriation would be from the 2011 Tax Allocation Bond (Capital Improvement Projects) Fund (Fund 524). WHEREAS, it is appropriate to release the previously approved appropriation of $800,000 from Tax Increment Fund (Fund 511) and appropriate $800,000 from the 2011 Tax Allocation Bond (Capital Improvement Projects) Fund (Fund 524) for the two projects, each in the amount of $400,000, for a total of $800,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the release the previously approved appropriation of $800,000 from Tax Increment Fund (Fund 511). BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation of $800,00 from the 2011 Tax Allocation Bond (Capital Improvement Projects) Fund (Fund 524) for two capital improvement projects: 1) $400,000 into the Highland Avenue Safety Improvements Project; and 2) $400,000 into the Traffic Safety Enhancements (Including future SR2S) Project. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City authorizing a re -allocation of $500,000 from the 8th Street Improvement (Palm Avenue to Paradise Valley Road) to two projects; 1) $300,000 to the 8th Street Improvement — Highland to Palm Project and 2) $200,000 to the 4th Street Community Corridor Project (Funded by 2011 Tax Allocation Bond (Capital Improvement Projects)) PREPARED BY: Barby Tipton DEPARTMENT: Develop a ices / PHONE: 619-336-4583 APPROVED BY. Engin EXPLANATION: Staff requested and Council approved a $500,000 appropriation from the 2011 Tax Allocation Bond (Capital Improvement Projects) for the 8th Street Improvement (Palm Avenue to Paradise Valley Road) Project. After reviewing this particular bond project it was noted that this project is outside of the redevelopment area and therefore it is requested that the funds be reallocated to other projects within the redevelopment area; Transfer $300,000 to 8th Street Improvement — Highland to Paim Project and transfer $200,000 to 4th Street Community Corridor Project. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: mance MIS Transfer $300,000 from account 524-409-500-598-6182 (8th Street Improvement - Palm Ave to PV Road) to account Sv24-409-500-598-6165 (8"' Street Improvement - Highland to Palm) and Transfer $200,000 from account 524-409-500-598-6182 (8th Street Improvement - Palm Ave to PV Road) to account 524-409-500-598-6181 (4th Street Community Corridor) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A REALLOCATION OF $500,000 FROM THE 8TH STREET IMPROVEMENT — PALM AVENUE TO PARADISE VALLEY ROAD PROJECT TO THE 8TH STREET IMPROVEMENT — HIGHLAND AVENUE TO PALM AVENUE PROJECT IN THE AMOUNT OF $300,000, AND THE 4TH STREET COMMUNITY CORRIDOR BIKEWAY PROJECT IN THE AMOUNT OF $200,000 WHEREAS, on June 21, 2011, the City Council adopted the 2011-2012 Budget, which included the appropriation of $500,000 from the 2011 Tax Allocation Bond Fund — Capital Improvement Projects to the 8th Street Improvement — Palm Avenue to Paradise Valley Road Project; and WHEREAS, after a review of the 8th Street Improvement — Palm Avenue to Paradise Valley Road Project, it was determined that the project is located outside of the Redevelopment Area, therefore, it is appropriate to reallocate the $500,000 from 8th Street Improvement — Palm Avenue to Paradise Valley Road Project to two projects that are within the Redevelopment Area: the 8th Street Improvement — Highland Avenue to Palm Avenue Project in the amount of $300,000, and the 4th Street Community Corridor Bikeway Project in the amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $500,000 from the 8th Street Improvement — Palm Avenue to Paradise Valley Road Project to the 8th Street Improvement — Highland Avenue to Palm Avenue Project in the amount of $300,000, and the 4th Street Community Corridor Bikeway Project in the amount of $200,000. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 13 TEM TITLE: Resolution of the City Council of the City of National City authorizing an appropriation in the amount of $200,000 to fund the El Toyon Improvement Project. (Funded by Park Development Impact Fees) PREPARED BY: Barby Tipton DEPARTMENT: Development Services / PHONE: 619-336-4583 APPROVED BY: ✓ i EXPLANATION: The City of National City collects Development Impact fees from Developers when issuing permits. The fees can be used for expanding facilities to serve new development such as expanding the facilities in the existing parks. The El Toyon Park Improvement Project was included in the Fiscal Year 2011-2012 spending plan but was not funded. It is requested that Council authorize the use of Park Development Impact Fees to fund this project. Proposed improvements to be made in El Toyon Park include updates to the landscape area near the Park Garden, installation of irrigation at the Park Garden, and installation of safety cameras in the Park. FINANCIAL STATEMENT: APPROVED: /L� Finance ACCOUNT NO. APPROVED: / MIS Funds are available in the Park Development Impact Fee fund. Establish an appropriation of $200,000 in account 325-409-500-598-4131 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 'tesolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $200,000 TO FUND THE EL TOYON IMPROVEMENT PROJECT WHEREAS, the City of National City collects Development Impact fees from developers when issuing permits, which can be used for expanding facilities to serve new development such as expanding the facilities in the existing parks; and WHEREAS, the El Toyon Park Improvement Project was included in the Fiscal Year 2011-2012 spending plan, but was not funded; and WHEREAS, the proposed improvements to be made in El Toyon Park include updates to the landscape area near the Park Garden, installation of irrigation at the Park Garden, and installation of safety cameras in the Park; and WHEREAS, funds in the amount of $200,000 are available in the Park Development Impact Fee to fund the El Toyon Park Improvement Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the appropriation of $200,000 for the El Toyon Park Improvement Project, as follows: FROM: Account No. 325-42000-3621 (Development Impact fees — Parks and Recreation) TO: Account No. 196-409-500-598-4002 (El Toyon Park Improvement Project) PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the closure of various Capital Improvement Projects and release appropriations in the amount of $220,214.30. PREPARED BY: Barby Tipton PHONE: 619-336-4583 EXPLANATION: DEPARTMENT: Development Se ices / APPROVED BY: Engi The Capital Improvement Program (CIP) committee members reviewed CIP projects that were authorized by Council in prior years. The goal of this review was to make certain that projects were completed in a timely manner. During this review it was noted that several projects were underfunded and therefore the projects were unable to move forward. Also noted were a few projects that were completed under -budget with the remaining balance of the appropriation showing on the financial records. The committee's reasons for recommending that the project's appropriations be released and the projects be closed is summarized on the attached. FINANCIAL STATEMENT: APPROVED: y Finance ACCOUNT NO. APPROVED: ,/ MIS Release appropriations of $50,667.50 to Fund 115, $9,000 to Fund 189, $35,000 to Fund 303, $27,200 to Fund 629, $38.50 to Fund 125, $4,308.20 to Fund 301, $94,000 to Fund 304, and .10 to Fund 307. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation !. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CLOSURE OF VARIOUS CAPITAL IMPROVEMENT PROJECTS, AND THE RELEASE OF APPROPRIATED FUNDS IN THE AMOUNT OF $220,214.30 WHEREAS, the Capital Improvement Program ("CIP") committee members reviewed CIP projects that were authorized by the City Council in prior years to make certain that projects were completed in a timely manner; and WHEREAS, during the review, it was noted that several projects were underfunded and, therefore, the projects were unable to move forward; and WHEREAS, it was also noted that there were a few projects that were completed under -budget with the remaining balance of the appropriation showing on the financial records; and WHEREAS, the CIP Committee recommends the closure of various Capital Improvement projects, and the release of appropriated funds in the amount of $220,214.30, as shown on the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the closure of various Capital Improvement projects, and the release of appropriated funds in the amount of $220,214.30, as shown on the attached Exhibit PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney In Fiscal Year 2011-2012, the Capital Improvement Program Committee members reviewed several prior year projects and make the following recommendations: 115-409-500-598-4022 Kimball Bowl Improvements (SOD) $667.50 This project is complete. 115-409-500-598-4129 Las Palmas Pool electrical RM (Upgrade) $50,000 This project was underfunded and therefore should be canceled. 125-409-500-598-4076 Soccer Arena Protect — Kimball Park $38.50 This project is complete. 189-409-500-598-1178 Civic Center Electric (Electrical to code) $9,000 This project was underfunded and therefore should be canceled. 301-409-500-598-3936 Granger Hall Presery & Heritage Tourism $4,308.20 This project is complete. 303-409-500-598-1179 Casa De Salud Roof (Westside of Bldg) $15,000 This project was underfunded and therefore should be canceled. 303-409-500-598-1180 Kimball Recreation Center Roof $20,000 This project was underfunded and therefore should be canceled. 304-409-500-598-4020 El Tovon (Electrical Monument & Transfer) $24,000 Project completed with PW Staff and the funds are no longer necessary for this project. 304-409-500-598-4021 Kimball Park (Transformer Box & Wire) $40,000 This project was underfunded and therefore should be canceled. 304-409-500-598-4023 Las Palmas Pool Drains $30,000 This project was underfunded and therefore should be canceled. 307-409-500-598-1012 Bicycle Master Plan $ .10 This project is complete. 629-409-500-598-8037 Fire Station #31 Fiber Optics $27,200 This project is complete. EXHIBIT A In Fiscal Year 2011-2012, the Capital Improvement Program Committee members reviewed several prior year projects and make the following recommendations: 115-409-500-598-4022 Kimball Bowl Improvements (SOD) $667.50 This project is complete. 115-409-500-598-4129 Las Palmas Pool electrical RM (Upgrade) $50,000 This project was underfunded and therefore should be canceled. 125-409-500-598-4076 Soccer Arena Project — Kimball Park $38.50 This project is complete. 189-409-500-598-1178 Civic Center Electric (Electrical to code) $9,000 This project was underfunded and therefore should be canceled. 301-409-500-598-3936 Granger Hall Presery & Heritage Tourism $4,308.20 This project is complete. 303-409-500-598-1179 Casa De Salud Roof (Westside of Bldg) $15,000 This project was underfunded and therefore should be canceled. 303-409-500-598-1180 Kimball Recreation Center Roof $20,000 This project was underfunded and therefore should be canceled. 304-409-500-598-4020 El Toyon (Electrical Monument & Transfer) $24,000 Project completed with PW Staff and the funds are no longer necessary for this project. 304-409-500-598-4021 Kimball Park (Transformer Box & Wire) $40,000 This project was underfunded and therefore should be canceled. 304-409-500-598-4023 Las Palmas Pool Drains $30,000 This project was underfunded and therefore should be canceled. 307-409-500-598-1012 Bicycle Master Plan $ .10 This project is complete. 629-409-500-598-8037 Fire Station #31 Fiber Optics $27,200 This project is complete. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 15 "'ITEM TITLE: A Resolution of the City Council of the City of National City approving the Part 2B (Chiller Control System upgrades) Project and appropriating $400,000 plus 10% contingency for any unforeseen changes for a total of $440,000 in account number 189-409-500-598-1591(Chiller Project) (Funded by Civic Center Refurbishing fund) PREPARED BY: BarbyTipton PHONE: 619-336-4583 EXPLANATION: See attached. DEPARTMENT: Development ices / APPROVED BY FINANCIAL STATEMENT: APPROVED: 7�Pet "7M41"P-finance ACCOUNT NO. APPROVED: `f "'l MIS Funding is available from the Civic Center Refurbishing appropriation to transfer to Account Number 189-409-500-598-1591 (Chiller Project). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: •1. Explanation 2. Resolution EXPLANATION: On March 16, 2010, Council approved a self -funded Comprehensive Energy Retrofit Program agreement wherein the City acquired and financed equipment and services from Honeywell Building Solutions to reduce energy use and/or to make for a more efficient use of energy. The payments to Honeywell Building Solutions for the upgraded equipment and services came from the realized energy savings. This overall Comprehensive Energy Retrofit Program had two phases. Phase 1, which Honeywell Building Solutions completed included items such as energy -efficient lighting, boiler replacement, cooling tower, solar thermal installation, building automation system and street lighting retrofit. In June 2009, in preparation for Phase 2 of the self -funded Comprehensive Energy Retrofit Program, the Public Works Department applied for and received an Energy Efficiency Community Development Block Grant (EECDBG) in the amount of $561,700 to replace the 40-year old chillers. These chillers are used to cool the Civic Center. The service life cycles for these types chillers is typically 20 years. The useful life of the chillers has long since passed. The remaining work planned under the self -funded Comprehensive Energy Retrofit Program, Phase 2 included: - Part 2A: Chiller Replacement - Part 2B: Chiller Control System (aka Air side) Upgrade The Part 2A, Chiller Replacements Project, is an energy retrofit project. The scope of work included the following: • Demolition work - includes removal of the existing chillers, pumps and piping systems. • Provides two (2) energy efficient replacement chillers. • Provides new variable primary flow chiller, pumps & associated controls. • Provide premium efficiency motors & variable -frequency drives (vfd) on new pumps and motors • Provide refrigerant monitoring system along with ventilation exhaust system. • Electrical work associated with the proposed mechanical changes. • Provides for a temporary chiller including all necessary hot tapping associated with this work to maintain proper cooling for the building at all times if and when necessary. The EECDBG grant required that Honeywell Building Solutions be a sub -recipient of the grant; Honeywell Building Solutions declined. Because the grant also required that the Chiller portion be awarded by August 13, 2011, the City's only option was to follow the Public Contract Code requirements of advertising the project and awarding the contract to the lowest bidder. It was anticipated that Honeywell Building Solutions would complete Phase 2 (Part A & B) but because Honeywell Building Solutions would not accommodate the sub - recipient provision, the City must publicly bid and award both Part A & B of Phase 2 in accords with the Public Contract Code. On June 30, 2011, only one bid was received for Part 2A, Chiller Replacement Project. The bidder was Green Mechanical. Council awarded the contract in the amount was $414,038 and a contingency of 10% to cover any unforeseen changes. Part 2B, is the Chiller Control System upgrade that is associated with Chiller Replacement project. Part 2B (Chiller Control System upgrades) must be in place in order to realize the full energy savings as required by the grant. Without Part 2B, the City will not realize the energy requirements of the grant for Part 2A. It is anticipated that the cost for Part 2B, the Chiller Control System Project is approximated at $400,000. As a result of replacing the existing chillers with new efficient chillers and installing the control system, an overall annual savings of $24,009 is expected. This includes an annual energy savings of $9,961 and $14,097 in deferred capital costs associated with replacing the aging equipment'. Once Phase 2B is complete, the energy savings will total $17,912 annually. Staff recommends that the Resolution be approving the Part 2B (Chiller Control System upgrades) Project and appropriating $400,000 plus 10% contingency for any unforeseen changes for a total of $440,000 in account number 189-409-500-598- 1591(Chiller Project) using Civic Center Refurbishing fund. Preliminary Energy Audit Report -by Honeywell Building solutions, January 14, 2009 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE PHASE 2B (CHILLER CONTROL SYSTEM UPGRADES) PROJECT, AND APPROPRIATING $400,000 PLUS 10% CONTINGENCY FOR ANY UNFORESEEN CHANGES FOR A TOTAL OF $440,000 FROM THE CIVIC CENTER REFURBISHING FUND (FUND 189) INTO THE CHILLER PROJECT ACCOUNT (NO. 189-409-500-598-1591) WHEREAS, on March 16, 2010, the City Council adopted Resolution No. 2010- 41, approving an Agreement with Honeywell Building Solutions("Honeywell") for a budget - neutral, self -funded Comprehensive Energy Retrofit Program (Phases 1 and 2) (the "Program") wherein the City acquired and financed equipment and services to reduce energy use or to make for a more efficient use of energy, and made payments for such with the realized energy savings; and WHEREAS, Phase 1 of the Program, which Honeywell has completed, included items such as energy -efficient lighting, boiler replacement, cooling tower, solar thermal installation, a building automation system, and street light retrofitting; and WHEREAS, in preparation for Phase 2, on June 16, 2009, the City Council adopted Resolution No. 2009-157, authorizing the submission of an application to the U.S. Department of Energy for funds totaling $561,700 under the Energy Efficiency and Conservation Block Grant ("EECDBG") Program to replace the 40-year old chillers currently used to cool the Civic Center. Said grant funds were subsequently awarded to the City; and WHEREAS, the. remaining work planned under Phase 2 of the self -funded Program is the Chiller Replacement (Part 2A) and the Chiller Control System Upgrade (Part 26); and WHEREAS, it was anticipated that Honeywell Building Solutions would complete Phase 2 (Part A and B) but the EECDBG grant required that Honeywell Building Solutions be a sub -recipient of the grant, and Honeywell Building Solutions declined such designation; and WHEREAS, the grant also required that the Chiller portion be awarded by August 13, 2011, thus, the City publicly bid and awarded Part A and Part B of Phase 2; and WHEREAS, on July 19, 2011, the City Council adopted Resolution No. 2011- 158, approving an agreement in the not to exceed amount of $456,541 with Green Mechanical for Phase 2, Part 2A, the Chiller Replacement Project; and WHEREAS, Part 2B of Phase 2 (Chiller Control System Upgrades) must be in place in order to realize the full energy savings as required by the grant, and to realize the energy requirements of the grant for Part 2A; and WHEREAS, funds in the amount of $400,000 are available in the Civic Center Refurbishing Fund (Fund 189) to appropriate into the Chiller Project Account (No. 189-409-500- 598-1591) for the cost of Part 2B, the Chiller Control System Project; and Resolution No. 2011 — Page Two WHEREAS, by replacing the existing chillers with new efficient chillers and installing the control system, an overall annual savings of $24,009 is expected, which includes an annual energy savings of $9,961, and $14,097 in deferred capital costs associated with replacing the aging equipment: Once Phase 2B is complete, the energy savings will total $17,912 annually. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves Part 2B (Chiller Control System Upgrades) of the Comprehensive Energy Retrofit Program, Phase 2. BE IT FURTHER RESOLVED that the City Council hereby approves the appropriation of $400,000 plus 10% contingency for any unforeseen changes for a total of $440,000 from the Civic Center Refurbishing Fund (Fund 189) into the Chiller Project Account (No. 189-409-500-598-1591) for the cost of Part 2B, the Chiller Control System Project. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement #BTA 1112-11-SD-03 between California Department of Transportation (CALTRANS) and the City of National City for the 46 Street Community Corridor Project #6181, and authorizing an appropriation from Prop "A" Fund in the amount of S202,627 to be used as part of the local grant match requirements for the project. (Funded by Prop "A" Funds) PREPARED BY: Stephen Manganiello DEPARTMENT: Develo, s-Engineering PHONE: (6191 336-4382 APPROVED B EXPLANATION: The City of National City applied for and was awarded a partial grant (see attached award letter) in the amount of $355,500 to complete the $1,200,000 4th Street Community Corridor Project No. 6181. The City of National City was one of only 24 agencies to receive funding Statewide, and was the only recipient in the San Diego Region. For FY 2011-2011, Council approved $241,873 from CDBG Funding for ADA Park Improvements which is a portion of this project and can be considered as a match to the grant. Also approved for FY 2011-2012 was the use of the 2011 Tax Allocation Bond Fund in the amount of $200,000 for this project. As a companion item on tonight's agenda, it is requested that Council approve a transfer from the 8th Street Improvement — Palm Avenue to Paradise Valley Road project to this project in the amount of $200,000 which will also serve as a portion of the grant match. Included in this project are Proposition "A" qualified improvements and therefore it is requested that Council approve the appropriation of $202,627 that will supplement amount needed to cover the grant match. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Finance MIS Funds are available to appropriate from Prop "A" funding into account 307-409-500-598-6181 (4th Street Community Corridor) in the amount of $202,627. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Grant award letter 2. Grant Agreement #BTA 1112-11-SD-03 3. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A BICYCLE TRANSPORTATION ACCOUNT ("BTA") GRANT FROM CALTRANS IN THE AMOUNT OF $355,500, AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENT NO. BTA 1112-11-SD-03 BETWEEN THE CITY OF NATIONAL CITY AND CALTRANS , AND APPROPRIATING $202,627 FROM PROPOSITION "A" FUNDS FOR THE 4TH STREET COMMUNITY CORRIDOR BIKEWAY PROJECT WHEREAS, on September 14, 2011, the City was awarded a Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 from Caltrans to complete the $1,200,000 4th Street Community Corridor Bikeway Project (the "Project"); and WHEREAS, before state funds are made available for the Project, the City is required to enter into an agreement to establish the terms and conditions applicable to the City when receiving state grant funds, and establishing the subsequent operations and maintenance of the Project; and WHEREAS, funding for the $1,200,000 Project will be provided by the following sources: Resolution No. Date Source Amount 2011-98 May 3, 2011 CDBG Funds for ADA Park Improvements, which is included in this Project and the local match to the BTA Grant $241,873 2011-133 June 21, 2011 FY 2011-2011 Tax Allocation Bond Fund $200,000 TBD Sept. 27, 2011 Transfer from the 8th Street Improvement — Palm Avenue to Paradise Valley Road Project $200,000 TBD Sept. 27, 2011 BTA Grant $355,500 Sub -Total: $997,373 WHEREAS, included in this Project are Proposition "A" qualified improvements, therefore, it is appropriate to appropriate the remaining $202,627 from Proposition "A" Funds to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. Sub -Total: $997,373 Amount being requested from Proposition "A" Funds $202,627 TOTAL: $1,200,000 Resolution No. 2011 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Bicycle Transportation Account ("BTA") Grant in the amount of $355,500 for the $1,200,000 4th Street Community Corridor Project. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute Grant Agreement No. BTA 1112-11-SD-03 between the City of National City and Caltrans for the BTA Grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of Proposition "A" funds in the amount of $202,627 to the 4th Street Community Corridor Bikeway Project Account, No. 307-409-500-598-6181. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN JR. Governor DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE P.O. Box 942874, MS -I SACRAMENTO, CA 94274-0001 PHONE (916) 653-0036 FAX (916) 657-4455 TTY 711 www.dot.ca.gov September 14, 2011 Ms. Maryam Babaki Development Services Director/City Engineer City of National City 1243 National City Blvd. National City, CA 91950 Dear Ms. Babaki; Congratulations! Flex your pawed Be energy efficient! The following project has been approved for 2011-12 Bicycle Transportation Account (BTA) funding. BTA1112-11-SD-03 4th Street Community Corridor Bikeway BTA awards now provide recipients with up to six years (through 2017) to complete projects. Recipients have one year to allocate (7/1/2011-6/30/2012), and up to five years (7/1/2012- 6/30/2017) to encumber and liquidate the funds. Final invoices are due 4/1/2017 with funds lapsing 6/30/2017. This change in legislation provides local agencies plenty of time to • complete projects, avoiding the need for cooperative work agreements or time extensions. Please note that cooperative work agreements to extend the time period funds are available are no longer an option. Early completion of projects is encouraged. Attached is the Local Agency - State Agreement (Agreement) for the approved project. This document identifies important dates for awarding contracts, submitting invoices and completing projects. Please abide by the terms of the Agreement to ensure your agency is reimbursed for the full award amount. Please see the BTA web pages for more detailed information on BTA allowable charges and invoicing instructions at: http://www.dot.ca.gov/hq/LocalPrograms/bta/btawebPage.htm. After reviewing the Agreement, please print three copies, sign, and mail both to the address below by October 5, 2011. Once the Agreement has been fully executed, I will send an original to you for your records. You will then be able to submit invoices for reimbursement. When inquiring about the project, always include the BTA number found on the upper right of the first page of the Agreement. "Caltrans improves mobility across California" Ms. Maiyam Babaki September 14, 2011 Page 2 Mail three signed originals by October 5, 2011 to: Penny Gray Bicycle Facilities Unit, MS-83 Division of Local Assistance California Department of Transportation P. O. Box 942874 Sacramento, CA 94274-0001 The District Local Assistance Engineer (DLAE) for your agency is your first contact on questions regarding the project. The DLAE can help your agency ensure the project is constnicted to standards required for bicycle transportation projects. The DLAE can also help with solutions if unexpected problems arise. The Division of Local Assistance website has a list of DLAEs and contact information at: http://www.dot.ca.gov/hq/LocalProerams/dlae.htm. I am your contact for the BTA in Headquarters and can be reached by phone at (916) 653-2750 or e-mail at penny.Qray(c�dot.ca.gov. Again, congratulations on receiving a BTA award for an excellent project and submitting a well - prepared application. Sincerely, PENNY GRAY Bicycle Program Manager Division of Local Assistance Attachment c: Caltrans District Local Assistance Engineers (DLAEs) Caltrans District Local Assistance BTA Coordinators "Caltrans improves mobility across California" LOCAL AGENCY - STATE AGREEMENT For BICYCLE TRANSPORTATION ACCOUNT PROJECT 11 City of National City District Local Agency Agreement No. BTA 1 1 12-1 1-SD-03 THIS AGREEMENT, made in triplicate entered into effect as of this 1st day of July 2011, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY". WITNESSETH: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and hereafter referred to as "PROJECT"; and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows: ARTICLE 1- Project Administration 1. This AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the party responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. BTA1112-11-SD-03 1 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6_ Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BTA) will be administered in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. While consultants may perfor III supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall provide a full-time employee to be in responsible charge of PROJECT. 8. LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection pert -brined by LOCAL AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 11. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement. 13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed on public works aspects of any project (as defined in California Labor Code § 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the LOCAL AGENCY. BTA 1112- l I -SD-03 2 ARTICLE 11 - Rights of Way l . No contract for the construction of PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, LOCAL. AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of right of way by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJF.CT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition and/or the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. e) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being clear as certified, or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL AGENCY shall pay from its own non -matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY for the orderly prosecution of PROJECT work. BTA 1 112-1 1-S D-03 3 4. If PROJECT is not on STATE -owned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE -owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual, highway Design Manual, and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAL AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE III - Engineering 1. LOCAL AGENCY eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for constriction; including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration- 2. LOCAL AGENCY eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL, AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAI, AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. BTA 1112-1 1-S D-03 4 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Environmental Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act. ARTICLE IV -Maintenance and Management 1. LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representative of the STATE. 3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staff may be employees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performedat regular intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V - Fiscal Provisions 1. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT if a contract for construction of PROJECT has not been awarded by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated. 3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated, and as a minimum, to submit invoices at least once every six (6) months thereafter. BTA 1 l l 2-1 I -S D-03 5 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon STATE'S request for the report. ThePARTIES agree that STATE may void AGREEMENT if the status report is not returned within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2017. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of the actual cost of the PROJECT prior to June 30, 2017, the expiration date of STATE FUNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. Al] costs charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act- Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of all STATE FUNDS for each progress invoice until LOCAL AGENCY submits the final invoice- 1 1. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own funds. 12. LOCAL AGENCY shall use its own non -STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. BTA I 1 12-1 1-SD-03 6 13. STATE FUNDS encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State Fiscal Year in which the funds were appropriated in the State Budget. STATF. FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by LOCAL AGENCY and approved by the Califomia Department of Finance in accordance with Government Code Section 16304. 14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood that the allocation of STATE FUNDS shall not exceed that shown in EXHIBIT A. 15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said estimate by reason of low hid or otherwise, the allocation of STATE FUNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. 16. Exhibit C defined as the "Certification of State Funding" template, shall be made a part of, and completed by STATE, prior to execution of this agreement. 17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shall be returned to STATE. ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 2- LOCAL AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited BTA 1112-1 I -S D-03 7 to, the costs of administering those various contracts. All of the above -referenced parties shall make such AGREEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if requested. 4. Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 5. To be eligible for local match credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre -award requirements of third -party contractor/consultants with LOCAL AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE VII - Miscellaneous Provisions LOCAL AGENCY agrees to use all PROJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in confomiance with Streets and Highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall conform to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGI,) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions; limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, may be made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. BTA 11 12-1 1-S D-03 8 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of STATE. 6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROJECT, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL. AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Board. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have a financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT initiated under this AGREEMENT. 11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The BTA 1112 -11-S D-03 9 decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by Contract Officer will excuse the LOCAL AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under, or in conmection with any work, authority or jurisdiction of STATE arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) othenvise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAL AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL. AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to LOCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date upon which such termination becomes effective if beyond thirty (30) days after receipt. During the period before the effective termination date, LOCAL AGENCY and STATE shall meet to attempt to resolve any dispute. If STATE terminates funding for PROJECT with BTAI 112-11-SD-03 10 LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMENT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due LOCAL AGENCY. 19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY. In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20. Without the written consent of STATE, this AGREEMENT is not assignable by LOCAL AGENCY either in whole or in part_ 21. No alteration or variation of the teens of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By PENNY GRAY, Bicycle Program Manager Bicycle Facilities Unit Division of Local Assistance LOCAL AGENCY City of National City By Print Name: Ron Morrison Title: Mayor Date: Date: BTAI 112J I-SD-03 11 EXHIBIT A 1)FSG,°IP„Q _v`;Trw„tx`Ex Local Agency: City of National City Agreement No. BTA11/12-I I-SD-03 Project Location: Within the public right away on 4`h Street between Roosevelt Ave. and Harbison Ave. in National City, Ca. Type of Work: Design and construct 2 miles of Class II Bike Lanes, including signing and striping, traffic calming measures, ADA upgrades, lighting and landscaping. Length: 2.0 miles Funding Source Engineering / Design Right of Way Acquisition Construction Contract Total Cost Percent BTA $0 SO $355,500 $355,500 29.63% Local $300,000 SO SO $300,000 70.38% Other $0 $0 $544,500 $544,500' Total $300,000 $0 $900,000 $1,200,000 100.00% BTA 1112-11-SD-03 12 EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the perfor urance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided STATE setting forth the provisions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, §7285.0, et seq.) The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will pennit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT. 5. Remedies for Willful Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section I3TAI112-11-SD-03 13 1426 which has become final or has obtained an injunction under Labor Code, section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by LOCAL AGENCY and by the surety under the performance bond, if any, STATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL AGENCY'S breach of this AGREEMENT. BTA 1112-1 1-SD-03 14 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. ITEM TITLE: A resolution of the City Council of the City of National City rescinding Resolution 2011- 199 and authorizing the Mayor to execute an Agreement by and between the City of National City and Safdie Rabines Architects not to exceed $291,777 for architectural services related to the National City Aquatic Center. (2011 Tax Allocation Bonds) PREPARED BY: Patricia Beard PHONE: 4255 EXPLANATION: On September 6, 2011 the City Council approved a contract with Safdie Rabines Architects ("SRA") to design the National City Aquatic Center. Staff subsequently found typographical errors in both the Agreement and the resolution that required correction. The attached Agreement and Resolution include identical terms and scope to the Agreement approved on September 6, however the typographical errors have been corrected. This Agreement is consistent with the Cooperation Agreement between the City and CDC approved on February 15, 2011, which provided that the City could complete CDC projects, including the Aquatic Center, using redevelopment funding.. DEPARTMENT: Re APPROVED BY: ment/S cial Projects FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance 524-409-500-598-3816. The proposed Agreement is for not to exceed $291,777. The current construction estimate for the Aquatic Center is $3.01 million, plus soft costs, public art, and staff time charges of $947,720. The Port of San Diego is providing $830,000 matching funds to be applied to the project. The Agreement stipulates that no pledge of General Funds is being made. ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental Quality Act — UPD # 83356-MND-665 was filed by the Clerk of the Port of San Diego on October 11, 2006. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION NO. 2011-199, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS FOR THE NOT TO EXCEED AMOUNT OF $291,777 TO PROVIDE ARCHITECTURAL SERVICES TO DESIGN THE NATIONAL CITY AQUATIC CENTER TO BE LOCATED IN PEPPER PARK WHEREAS, as the result of a competitive request for proposals process, on July 12, 2005, the Community Development Commission of the City of National City ("CDC") and Safdie Rabines Architects entered into an Agreement (the "Agreement") for architectural services to design the National City Aquatic Center to be located in Pepper Park; and WHEREAS, on February 15, 2011 the City and CDC entered into a Cooperation Agreement allowing the City to complete CDC projects; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date; and WHEREAS, the Coastal Development Permit for the project was issued by the Port of San Diego on August 2, 2011, requiring construction to occur within two years; and WHEREAS, the building permit for the project was issued on August 17, 2011, and requires that construction be underway within six months; and WHEREAS, the due to the Bond Issuance and permits issued, the project is an enforceable obligation of the CDC as defined by the State of California; and WHEREAS, the Agreement includes public art to be installed by Lisa Schirmer, an artist selected in a competitive request for proposals process, which has been approved by the National City Public Art Committee and the Port of San Diego, and WHEREAS, the cost and scope of the services within the Agreement have been determined to be reasonable against the California Multi -Agency Capital Improvement Projects (CIP) Benchmarking Study, 2010. WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011, the City is undertaking development of the Aquatic Center on behalf of the Community Development Commission; and WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Aquatic Center but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds provided by the Port of San Diego; and Resolution No. 2011 — Page Two WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011- 199, approving an agreement with Safdie Rabines Architects for architectural services to design the National City Aquatic Center to be located in Pepper Park; and WHEREAS, subsequently, typographical errors were discovered in the Resolution and Agreement that required correction; and WHEREAS, the corrected Agreement contains the same scope and terms approved by the City Council on September 6, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby rescinds Resolution 2011-199. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Safdie Rabines Architects for the not to exceed amount of $291,777 to provide architectural services to design the National City Aquatic Center to be located in Pepper Park. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS THIS AGREEMENT is entered into this 6th day of September, 2011, by and between the CITY OF NATIONAL CITY, a general law municipal government (the "City"), and SAFDIE RABINES ARCHITECTS, an architect (the "CONSULTANT"). RECITALS WHEREAS, the City desires to employ a CONSULTANT to provide architectural and project oversight services for final design and construction of the National City Aquatic Center. WHEREAS, the City has determined that the CONSULTANT is a registered architect and is qualified by experience and ability to perform the services desired by the City, and the CONSULTANT is willing to perform such services. WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011, the City is undertaking development of the Aquatic Center on behalf of the Community Development Commission; and WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Aquatic Center but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds provided by the Port of San Diego. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The City hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the City for such services, except as authorized in 6. LENGTH OF AGREEMENT. This contract shall expire and all tasks described in Exhibit "A" will be completed on or before June 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the City for use with respect to this Project, and shall be turned over to the City upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the City and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the City's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the City, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the City may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the City's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the City of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15 but only with respect to the effect of the modification or reuse by the City, or for any liability to the City should the documents be used by the City for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the City and are not entitled to any of the rights, benefits, or privileges of the City's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the City. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT's, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the City nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are 3 Citys Standard Agreement —June 2008 revision in any manner agents, servants or employees of the City, it being understood that the CONSULTANT, its agents, servants, and employees are as to the City wholly independent CONSULTANTs and that the CONSULTANT's obligations to the City are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the City that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the City, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the City otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the City are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the City for any increased costs that result from the City's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of 4 Citys Standard Agreement —June 2008 revision advance by the City. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The City may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANTunder this Agreement. Upon doing so, the City and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the City and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Susan Richard thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $291,177 (the Base amount) 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 CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the City, if requested. CONSULTANT acknowledges and accepts that CITY is undertaking the Aquatic Center project pursuant to its obligations set forth in the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City, and that CITY is not committing its general funds to payment for these services, but rather the 2011 Tax Allocation Bond proceeds, tax increment funds, and/or funds provided by the Port of San Diego will be used for such payments. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 2 Citys Standard Agreement — June 2008 revision in any manner agents, servants or employees of the City, it being understood that the CONSULTANT, its agents, servants, and employees are as to the City wholly independent CONSULTANTs and that the CONSULTANT's obligations to the City are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily ,exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the City that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the City, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the City otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the City are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the City for any increased costs that result from the City's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of 4 City's Standard Agreement —June 2008 revision 6. LENGTH OF AGREEMENT. This contract shall expire and all tasks described in Exhibit "A" will be completed on or before June 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the City for use with respect to this Project, and shall be turned over to the City upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the City and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the City's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the City, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the City may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the City's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the City of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15 but only with respect to the effect of the modification or reuse by the City, or for any liability to the City should the documents be used by the City for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the City and are not entitled to any of the rights, benefits, or privileges of the City's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the City. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT's, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the City nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are 3 Citys Standard Agreement — June 2008 revision compensation, and selection for training, including apprenticeship. TheCONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The City may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein.. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the City. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the -CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the City. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to City for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the City and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the City or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 Citys Standard Agreement — June 2008 revision B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the City and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the City may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the City. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the City shall, in addition, be limited to the amount of attorney's 6 City's Standard Agreement —June 2008 revision fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the City. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreementmay also be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the City. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the City, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the City by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the City all rights set forth in Section 7. E. The City further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by 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 7 Citys Standard Agreement —June 2008 revision (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Chris Zapata City Manager of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Ricardo Rabines Safdie Rabines Architects 925 Fort Stockton Drive San Diego CA 92103 619-297-6153 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the City of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the City for all damages, costs or expenses the City may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such 8 City's Standard Agreement — June 2008 revision date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any 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. 9 City's Standard Agreement —June 2008 revision CITY OF NATIONAL CITY By: Ron Morrison Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 10 SAFDIE RABINES ARCHITECTS (Corporation - two signatures) By: By: (Name) (Print) (t7[' (Title) V --lk-- (Name) (Print) (Title) EXHIBIT "A" SA FOIE RABINES ARCHITECTS Patricia Beard City of National City 1243 National City Blvd National City CA 91950 July 28, 2011 Hi Pat, 925 Fort Stockton Drive, San Diego, California 92103-1726 619.297.6153 Fax 619.299.6072 www.safdierabines.com Below are the services and fees associated with Construction Documents, Bid Support and Construction Administration Services. A. Construction Documents 1. Total Time and Materials Estimated Fee: $192,905.00 2. Services.: a. Architectural Services: i. Fee: $126,650.00 ii. Construction Documents: $112,930 • Sr. Principal 9 hrs x $250 = $2,250 • Project Manager 308 hrs x $170 - $52,360 • Designer 3 432 hrs x $135 = $58,320 iii. Incorporate EsGil comments into the Drawings iv. Coordinate with design team to finalize the construction documents. v. Incorporate any re -check comments into the drawings vi. Coordinate and incorporate any outstanding utility issues vii. Provide CSI format specifications viii. Drawings and Specifications for Artist portion of work: $8,620 • Sr. Principal 2 hrs x $250.00 = $500.00 • Project Manager 16 hrs x $170 = $2,720 • Designer 3 40 hrs x $135.00 = $5,400 ix. Provide specifications and incorporate artist's portion of work into the construction drawings for architectural coordination only. x. Security consultant coordination: $5,100 • Sr. Principal 2 hrs x $250.00 = $500.00 • Project Manager 8 hrs x $170 = $1,360 • Designer 3 24 hrs x $135.00 = $3,240 xi. Coordinate with security consultant & electrical engineer xii. incorporate camera locations into architectural drawings b. MEP Services: i. Fee: $9,240.00 ii. Construction Documents: $6,834.00 • PM/PE 18 hrs x $145 = $2610 • Elect. S. Designer 20 hrs x $96 = $1920 • Mech. S. Designer 24 hrs x $96 = $2304 iii. Incorporate EsGil plan check comments dated October 08, 2008 iv. Complete coordination for the project (one coordination meeting) v. Provide new electrical power design for communications and security systems. Design of communications and security systems by others. vi. Complete construction document/bid drawings in AutoCAD 2010 format 9- vii. Complete CSI format specifications (hook form) Division 15 and 16 viii. Incorporate new plan check comments after re -submittal ix. Security Consultant Coordination: $2,406.00 • PM/PE 6 hrs x $145 = $870 • Elect. S. Designer 16 hrs x $96 = $1536 x. Coordinate with security consultant. Add conduit as required in drawings. c. Landscape Services: i. Fee: $1,905.00 • 5 hours x $125 = $625 • 16 hours x $80 = $1,280 ii. Preliminary team coordination and attendance at 1 team meetings iii. Revision allowance to incorporate design changes and base update. iv. Submit planting and irrigation construction documents for building permit. Incorporate plan check comments. v. Complete CSI format specifications for planting and irrigation. vi. Project management: email and phone calls. e. Structural Services: i. Fee: $22,280 ii. Construction Documents: • SE 85 hours x $130 = $11,050 • Drafting 90 hours x $75 = $6,750 iii. Creation of final construction documents, including incorporation of all plan review comments, final coordination with architectural and consultants drawings, completion of original project specifications. iv. Coordination for Artist portion of work: • SE 16 hours x $130 = $2,080 • Drafting 32 hours x $75 = $2,400 v. Coordination with Artist's structural engineer and incorporation of required items into drawings. f. Civil Services: i. Fee: $15,000.00 • 40 hours x $165= $6,600 • SWPPP= $5,000 • USMP= $3,400 ii. Prepare grading plan based on site plan provided by client or client's agent. Plan shall be prepared for approval in accordance with the City of National City standards. Prepare grading plan at 20-scale showing grading and drainage around the buildings. pavement, curbs, retaining walls if any, hardscape, and walkways. This will not be prepared on the City's titleblock. We understand that a grading permit will not be required. iii. Prepare earthwork calculations, according to City of National City methodology. iv. Prepare erosion control plan to accompany site grading plan. v. Prepare Specifications to accompany grading plans. vi. Prepare SWPPP and USMP documents vii. Attend meetings and coordinate with client and client's agent and consultants, an allocation of five (5) meetings have been assumed for this task. Artist Services: i. Fee: $11,870.00 • Canopy Design = $5,100 • Tile Design = $3,900 • Drawings & Models = $1,000 • Structural Engineer Fee = $1,870 h. Security Services: $4,960.00 fixed fee i. Commit a day to project site walk, interaction with architect and key project personnel, and initial CD -level drawing review/redlining for locating physical security devices. ii. Develop a generic physical security video system design suitable for public - sector bidding. iii. Complete the drawing redline process and deliver such (including key device detail and references) to design team for inclusion on CAD drawings to be completed by design team. iv. Develop a video surveillance system technical specification in Division 28 format suitable for public sector bidding. v. Participate in up to two man hours of project related con calls during this project phase (including associated/required. prep and follow-up work). vi. Review of design team -developed CAD drawings of video surveillance system prior to bid publication. Cost Estimate Services: i. Fee: $1,000.00 fixed fee ii. Final Construction Document Cost Review to determine any differences after completion of Construction Documents. B. Bid Support 1. Total Time and Materials Estimated Fee: $8,226.00 2. Services: a. Architectural Services: i. Fee: $2,980.00 • Project Manager 8 hours x $170 • Designer 3 12 hours x $135 ii. Attend pre -bid meeting iii. Respond to bid RFIs b. MEP Services: i. Fee:$1,131.00 • PM/PE 2.5 hrs x $145 = $363 • Elect. S. Designer 4 hrs x $96 = $384 • Mech. S. Designer 4 hrs x $96 = $384 ii. Respond to pre -bid Request for Information (RFIs) iii. Participate in pre bid meeting and prepare addenda as required. iv. Provide bid review comments and recommendations_ c. Landscape Services: i. Fee: $240.00 • 3 hours x $80 = $240 ii. Bidding assistance, answering questions and clarifying the Construction Documents during the Bidding Period. d. Structural Services: i. Fee: $1,040.00 • 8 hours x $130 ii. Participate in pre bid meeting and prepare addenda as required. iii. Bidding assistance e. Civil Services: i. Fee: $2,475.00 • 15 hours x $165 ii. Participate in pre bid meeting and prepare addenda as required. iii. Bidding assistance f. Artist Services: i. Artist Fee: $160 • 2 hours x $80 ii. Structural Engineer Fee: $200 • 2 hours x $100 C. Construction Administration 1. Total Time and Materials Estimated Fee: $83,757.00 a. Based on a construction time of one year (52 weeks). 2. Services: a. Architectural Services: i. Fee: $52,580.00 • Sr. Principal 20 hours x $250 • Project Manager 156 hours x $170 • Designer 3 156 hours x $135 ii. Attend pre -construction meeting iii. Review and respond to RFIs and submittals iv. Attend weekly construction meetings b. MEP Services: i. Fee: $3,392.00 • PM/PE 7.5 hrs x $145 = $1088 • Elect. S. Designer 12 hrs x $96 = $1152 Mech. S. Designer 12 hrs x $96 = $1152 ii. Respond to pre -bid Request for Information (RFIs) iii. Participate in pre bid meeting and prepare addenda as required. iv. Provide bid review comments and recommendations. v_ Participate in preconstruction meeting. vi. Review submittals and shop drawings vii. Respond to Request for Information (RFIs) viii. Conduct two (2) construction progress meetings. ix. Conduct final punch list inspection. c. Landscape Services: i. Fee: $5,325.00 • 33 hours x $125 = $4,125 • 15 hours x $80 = $1,200 ii. Planting and irrigation submittal review iii. Observation reports (1 for each observation visit listed below). Notification: while observing construction at the site, Consultant will keep the Client informed of the progress of construction through written Site Observation Notes. Consultant may recommend to the Client the rejection of work failing to conform to the Construction Drawings and Specifications. Consultant will advise and assist the Client with change order issues only upon Client's request. Consultant will make visits to the site, as stipulated below to familiarize ourselves with the progress and quality of construction of the work within the Consultant's scope -of -work and to determine in general if the construction is proceeding in general accordance with the design intent and construction documents. Planting up to 3 site observation reviews including: - Soil preparation and fine grading - Tree layout / installation - Shrub, succulent and ground cover installation Irrigation up to 3 site observation reviews Pressure test of irrigation main line and mainline layout Drip line layout Coverage test of irrigation system iv. Substantial completion punch list and punch list completion for hardscape, planting and irrigation (prior to plant maintenance period). Allow 2 visits. v. Project management: email and phone calls. d. Structural Services: i. Fee: $2,340.00 - 18 hours x $130 ii. Participate in preconstruction meeting. iii. Attend up to two (2) construction related meetings iv. Submittal review, RFI response, and other construction administration services e. Civil Services: i. Fee: $6,600 • 40 hours x $165 ii. Participate in preconstruction meeting. iii. Attend up to two (2) construction related meetings iv. Submittal review, RFI response, and other construction administration services. f. Artist Services: i. Fee: $11,030 ii. Artist Fee: $8,030 • Canopy - Graphic Designs of Interior, file creation for final print format = $3,000 • Canopy Template Pattern Creation and Print = $550 • Tile Design Layout with instruction for water -jet cut pieces = $3,000 • Canopy and Tile - Inspections -fabrication and installation = $1,000 iii. Participate in preconstruction meeting and attend construction related meetings. Total of 6 hours. iv. Structural Engineer Fee: $3,000 g. Security Services: i. Fee: $2,490 ii. Assist design team in responding to video surveillance system RFI's. iii. Review up to three (3) bid submittals, providing written rating comparison spreadsheet based on client -provided weighting/rating evaluation criteria. In the absence of client -provided evaluation/decision criteria, PlanNet will provide a spreadsheet comparing bid systems to one another and against current industry standards and directions. D. Special Irrigation Services a. Special Irrigation Services (if required): AB 1881 Irrigation Requirements, AB 1881 Planting Requirements, AB 1881 Certificate of Completion and one additional site visit. i. Fee: $1,210.00 - 2 hours x $125 = $250 • 12 hours x $80 = $960 ii. Note this does not include: AB1881 irrigation schedule and water audit. E. Security Services for the YMCA a. Provide services including coordination, meetings and documentation of security items if required by the YMCA. i. Fee: $5,680.00 • 32 hours x $135 = $4,320 • 8 hours x $170 = $1,360 F. Reimbursables 1. Total Estimated Fee: $7,500 a. Architectural: $3,000 i. Includes mileage at current IRS rate and expenses at cost plus 15% ii. Includes printing, postage, and other expenses b. MEP: $1,000 c_ Landscape: $1,000 d. Structural: $1,000 e. Civil: $1,500 Exclusions and Provisions 1. The following items are not part of the scope of services and shall be billed as additional services if the services are required: a. The scope and fee proposal is based on the understanding that the project is still under the 2001 CBC code and that no revisions to calculations, reports or any other similar item other than those specifically included in the proposal will need to be provided. b. The scope and fee proposal is based on the understanding that the materials and systems previously designed for the project are still available and applicable for the project. Any revisions to the materials and/or:systems will be billed on an hourly basis as additional services. c. The scope and fee proposal is based on the understanding that no redesign will be required due to the added security work. Additional fees will be requested for any redesign resulting from security items. d. A grading plan/permit and related engineering cost estimate will not be required per email sent to us from Byron on May 06, 2011. e. New SWPPP and USMP documents are required by the Port for review and approval. There are included in the proposal. f. Revisions and/or design changes originated from City of National City, Port of San Diego, YMCA, or other similar entity not resulting from building permit review comments. g. Revisions and/or design modifications due to any changes in site conditions since October 2008. h. Preparation of presentation materials, 3D images/renderings and presentations. Thank you for your consideration of our request and please let us know if there are any questions. Susan Richard : { i1§•. t ` |!| [hi |! ] /`§ } ,,I | 1. '-a ,(` _ . -- | )'(` , -- m i; ° �� §i R i ire &\. }// ° !!!|| ! ƒ ! : -.i/\ . f§� | , \ \ !ffl1t 1 1 s . . tAHO Ii Wan . Nit • hallo than, • 1I71I. /1, 310_ tl •wl•ur•, UV.,•lilt •umltt f / i ^ ° / !� |! / . / §.Ifi \ ! § I! Tied.4MN lnl,[1q Jrwa bx•unNisw tlat ! 1 `| ! a § !; ` ` {;;ag ! ! | ` ' ' ! ' 1 f • ` § ! \ _ s ,| ° §j �. . SINil \a 0! “ . i -. Z . \ w� . , ` . ` gk...n, #i `{| 4 | i . ! !_\ |,. E#{( ft\ § g`` ! } 2 2 | ; !i CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT PHONE: 4255 EXPLANATION: MEETING DATE: September 27, 2011 AGENDA ITEM NO.18 EM TITLE: IA resolution of the City Council of the City of National City rescinding Resolution No. 2011-200 and authorizing the Mayor to execute an Agreement by and between the City of National City and Project Professionals Corporation not to exceed $224,599 for project management services related to the construction of the National City Aquatic Center (2011 Tax Allocation Bonds).! PREPARED BY: Patricia Beard i> DEPARTMENT: Redevelopment/Special Projects APPROVED BY: On September 6, 2011 the City Council approved a contract with Project Professionals Corporation ("PPC") as project managers for the National City Aquatic Center construction project. Staff subsequently found typographical errors in both the Agreement and the resolution that required correction. The attached Agreement and Resolution include identical terms and scope to the Agreement approved on September 6, however the typographical errors have been corrected. This Agreement is consistent with the Cooperation Agreement between the City and CDC approved on February 15, 2011, which provided that the City could complete CDC projects, including the Aquatic Center, using redevelopment funding.' FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance 524-409-500-598-3816. The proposed Agreement shall not exceed $224,599. The current construction estimate for the Aquatic Center is $3.01 million, plus soft costs, public art, and staff time charges of $947,720. The Port of San Diego is considering approval of $830,000 matching funds to be applied to the project. The Agreement stipulates that no pledge of General Funds is being made but that redevelopment and Port funding shall be used for the project. ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental Quality Act — UPD # 83356- MND-665 was filed by the Clerk of the Port of San Diego on October 11, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION 2011-200, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONAL CORPORATION FOR THE NOT TO EXCEED AMOUNT OF $224,599 TO PROVIDE PROJECT MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF THE NATIONAL CITY AQUATIC CENTER WHEREAS, 2011 Tax Allocation Bonds in the amount of $39,660.000 were issued on February 28, 2011, in part to fund the construction of the National City Aquatic Center within three years; and WHEREAS, on August 10, 2011, the Port of San Diego filed a Coastal Development Permit for construction of the National City Aquatic Center on Port lands within Pepper Park within two years; and WHEREAS, on August 17, 2011, the City of National City issued a Building Permit for the National City Aquatic Center that requires construction to commence within six months; and WHEREAS, on February 15, 2011 the City and CDC entered into a Cooperation Agreement allowing the City to complete CDC projects; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date; and WHEREAS, the Coastal Development Permit for the project was issued by the Port of San Diego on August 2, 2011, requiring construction to occur within two years; and WHEREAS, the building permit for the project was issued on August 17, 2011, and requires that construction be underway within six months; and WHEREAS, the due to the Bond Issuance and permits issued, the project is an enforceable obligation of the CDC as defined by the State of California; and WHEREAS, due to time constraints, a competitive request for proposals for project management of the construction is not feasible; and WHEREAS, Project Professionals Corporation is a qualified construction management company, and submitted a proposal responsive to the Community Development Commission's request, budget and schedule; and WHEREAS, the scope and budget of the proposal has been determined to be appropriate as analyzed against the California Multi -Agency CIP Benchmarking Study, 2010; WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011, the City is undertaking development of the Aquatic Center on behalf of the Community Development Commission; and Resolution No. 2011 — Page Two WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Aquatic Center, but rather obligates the use of non -General Funding such as 2011 Tax Allocation Bonds, Tax Increment Funds and/or Capital Improvement Funds provided by the Port of San Diego. WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011- 200, approving an agreement with Project Professionals Corporation for architectural services to design the National City Aquatic Center to be located in Pepper Park; and WHEREAS, subsequently, typographical errors were discovered in the Resolution and Agreement that required correction; and WHEREAS, the corrected Agreement contains the same scope and terms approved by the City Council on September 6, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby rescinds Resolution 2011-199. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Project Professionals Corporation for the not to exceed amount of $224,599 to provide project management services related to the construction of the National City Aquatic Center to be located in Pepper Park. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 6th day of September, 2011, by and between the CITY OF NATIONAL CITY, a general law municipal government (the "CITY"), and Project Professionals Corporation, a project management firm (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide project management services for the National City Aquatic Center ("the Project"). WHEREAS, the CITY has determined that the CONSULTANT is a project management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011, the City is undertaking development of the Aquatic Center on behalf of the Community Development Commission; and WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Aquatic Center but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds provided by the Port of San Diego. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. and execution of this Agreement for the CONSULTANT. Byron Wade thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $224,599 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Agreement shall expire June 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, • Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15 2 City's Standard Agreement — June 2008 revision but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees', and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 City's Standard Agreement— June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto_ C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to_ use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when riot specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTSs negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 5 City's Standard Agreement — June 2008 revision I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and Self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in,accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 6 City's Standard Agreement — June 2008 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings,,Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if - given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Chris Zapata City Manager Community Development City of National City 1243 National City Boulevard National City, CA 91950-4301 Byron Wade President/CEO Project Professionals Corporation 656 5th Avenue 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, 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. 7 City's Standard Agreement — June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument_ C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. • G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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 8 City's Standard Agreement — June 2008 revision 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 Gacitua Silva, City Attorney PROJECT PROFESSIONALS CORPORATION (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietor ip — one signature By: Leanne Wade Chief Financial Officer 9 City's Standard Agreement — June 2008 revision CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT ETING DATE: September 27, 2011 AGENDA ITEM NO. r9 EM TITLE: [A resolution of the City Council of the City of National City approving an agreement not to exceed $74,984 with the Department of Toxic Substance Control providing environmental oversight of remediation and closure for the 12.75 acre Westside Infill Transit Oriented Development site (2200 and 2020 Hoover Avenue). (Low -Mod Housing Funds per Cooperation Agreement dated February 15, 2011) (Companion Item). PREPARED BY: Patricia Beard y.py' DEPARTMENT: Redey ent/ -cial Projects APPROVED BY: PHONE: 4255 EXPLANATION: IThe Department of Toxic Substances Control ("DTSC") is a qualified State environmental regulator which has been working with the City to understand the site conditions at the Westside Infill Transit Oriented Development ("WI-TOD") site since 2008. Now that the site conditions are understood and remediation planning is underway, a formal agreement is necessary to provide funding to DTSC toxicologists to review the plan and approve it, oversee implementation and ultimately deem the site environmentally safe for a residential project. The proposed Agreement was drafted by City outside counsel and includes the history, environmental conditions, remediation approach and public information approach to site clean-up. On February 15, 2011 the City and CDC approved a Cooperation Agreement in which the City agreed to fulfill the obligations required for the WI-TOD. Entering the Agreement with DTSC will allow the City Agi fulfill the schedule and remediation requirements of the Disposition and Development Agreement for Ire WI-TOD approved by the CDC on June 21, 2011. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 522-409-500-598-3934. This Agreement would provide that an amount not to exceed $74,984 could be paid to the DTSC for environmental oversight of the WI-TOD site remediation. Actual payment may be lower. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: TACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A PROJECT ENVIRONMENTAL OVERSIGHT AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOT TO EXCEED $74,984 FOR OVERSIGHT OF THE PROPERTY MITIGATION PLAN FOR THE WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT WHEREAS, on June 21, 2011, the Community Development Commission ("CDC") entered into a Disposition and Development Agreement for the development of the Westside Infill Transit Oriented Development ("WI-TOD"); and WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the CDC adopted on February 15, 2011, the City is undertaking development of the WI-TOD on behalf of the CDC; and WHEREAS, development of the project requires the implementation of a Property Mitigation Plan to ensure the appropriate clean-up and treatment of hazardous materials in preparation for the site to be redeveloped for affordable housing; and WHEREAS, the Department of Toxic Substances Control ("DISC") is a qualified regulatory agency designated to oversee handling of hazardous materials on redevelopment project sites; and WHEREAS, a Project Environmental Oversight Agreement provides necessary flexibility for the CDC to use its authority under the Polanco Redevelopment Act to provide environmental immunity, and assume a leadership role in implementing and completing the Property Mitigation Plan. NOW, THEREFORE, BE IT RESOLVED that the City of National City hereby authorizes the Mayor to execute a Project Environmental Oversight Agreement by and between the City of National City, the Community Development Commission of the City of National City, and the California Department of Toxic Substances Control, not to exceed $74,984, for oversight of the Property Mitigation Plan for the Westside Infill Transit -Oriented Development. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 1 of 19 EXHIBIT A (Reimbursement Agreement) 1. SCOPE OF WORK A. The City of National City/Community Development Commission, (Applicant) agrees to reimburse the Department of Toxic Substances Control (DTSC) for DTSC's costs incurred in providing review, consultation and/or processing application(s) or request(s) made by Applicant. The details of the Scope of Work are described in the Environmental Oversight Agreement (EOA), Exhibit A, Pages 2-19 incorporated by this reference. B. The EOA Contract/Project Managers during the term of this Contract will be: State Apencv: Applicant: Department of Toxic Substances Control: City of National City/Community Development Commission Maryam Tasnif-Abbasi Hazardous Substances Scientist 5796 Corporate Avenue Cypress, California 90630 mtasnif(a�dtsc.ca.gov Patricia Beard Redevelopment Manager City Community Development Commission National City, CDC 1243 National City Boulevard National City, California 91950 PBeard(a�nationalcityca.gov Phone: 714-484-5489 Phone: 619-336-4255 Fax: 714-484-5438 Fax: 619-336-4286 Department of Toxic Substances Control: City of National City/Community Development Commission Thomas M. Cota Performance Manager Brownfields Environmental Restoration Prgm 5796 Corporate Avenue Cypress, California 90630 tcatadtsc.ca.gov Brad Raulston Executive Director National City, CDC 1243 National City Boulevard National City, California 91950 PBeard �nationalcityca.gov Phone: 714-240-9253 Phone: 619-336-4255 Fax: 714-484-5438 Fax: 619-336-4286 City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 2 of 19 Environmental Oversight Agreement For the City of National City Contract No. 1. INTRODUCTION This Environmental Oversight Agreement (Oversight Agreement) is made between the City of National City/Community Development Commission (Agency) and the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC). The Parties intend by this Oversight Agreement to establish a mutually beneficial working relationship and to cooperatively address Brownfields properties in the City of National City. The Agency and DTSC both share the mission to revitalize and reuse Brownfields properties to address known or perceived environmental contamination in order to provide significant benefits to the economy and health of surrounding communities. DTSC is committed to working in partnership with communities to restore contaminated properties to productive use, while ensuring that cleanups are protective of public health and the environment. The Agency intends to alleviate the causes and effects of blight through the construction of infrastructure improvements, improvement or construction of public facilities and public uses, promoting improvements in commercial, industrial and residential areas, removing or alleviating the negative effects of hazardous substances and improving, increasing and preserving the community's housing stock. The Oversight Agreement outlines two.different scopes of work and broad approaches for DTSC to provide technical consultation, site investigation and remediation activity support. The intent of the Oversight Agreement is to establish a collaborative process that (1) provides a flexible process based upon the Redevelopment Agency's needs for the project; (2) ensures the investigation and cleanup are conducted in an environmentally sound manner; (3) requires a cleanup that results in a property that is safe for redevelopment; and (4) can provide liability relief for redevelopment agencies that complete the site characterization and cleanup process. Under this Program, DTSC can also provide consultative services to an Agency. The Agency will select the specific Scope of Work that it believes addresses its particular needs depending on whether the Agency is seeking (1) technical consultation only from DTSC, or (2) DTSC assistance and response and remediation oversight in cases where the Agency intends to proceed under the Polanco Act or other applicable laws as determined appropriate by DTSC (Exhibit C). Under this Oversight Agreement, the Agency may request (and pay for) services without any commitment to move forward with a project or a Property or group of Properties, and may request early consultation with DTSC, where desirable. 1.1. Purpose of Agreement. The purpose of this Oversight Agreement is to specify the process that will be used to evaluate Brownfields properties within the Agency's and DTSC's jurisdiction under this Oversight Agreement; to identify the properties that will be addressed under this Oversight Agreement; to facilitate the remediation of Brownfields properties and to provide a framework for the reimbursement of DTSC's oversight costs, and to assist the Agency and others in meeting the environmental requirements to obtain the immunities and protections under the Polanco Redevelopment Act set forth in Health & Safety Code §§ 33459-33459.8 (Polanco Act), and such other California and federal statutes as may be appropriate. 1.2. Parties. DTSC and the Agency are collectively the "Parties" to this Oversight Agreement. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 3 of 19 1.3. Jurisdiction. 1.3.1. Agency Jurisdiction. The Agency has general delegated authority from the State Legislature to eliminate blight pursuant to the Health and Safety Code. In addition, Health and Safety Code section 33459.1, subdivision (a)(1) of the Polanco Act authorizes the Agency to take any actions that the Agency determines are necessary and that are consistent with state and federal laws to remedy or remove a release of hazardous substances, as defined in Health and Safety Code section 33459, subdivision (c), on, under, or from a property located in a 'Redevelopment Project Area," as defined in Health and Safety Code section 33320.1 (Project Area), whether the Agency owns the property or not, if any one of the conditions in Health and Safety Code section 33459.1, subdivision (b) is met. Pursuant to Health and Safety Code section 33459.1, subdivision (c), even if the conditions in Health and Safety Code section 33459.1, subdivision (b) are not met, the Agency may take actions to investigate or conduct feasibility studies or, if the Agency determines that the environmental condition of a property requires immediate action, the Agency may take actions to remedy or remove a release of hazardous substances. The Agency shall submit satisfactory evidence demonstrating its authority to enter into this agreement to contract with DTSC. Such evidence should include a resolution, motion or order confirming its authority. 1.3.2. DTSC Jurisdiction. Health and Safety Code section 25201.9 authorizes DTSC to enter into agreements to perform consultative services for the purposes of providing assistance in complying with chapter 6.8 of division 20 of the Health and Safety Code. Health and Safety Code sections 33459- 33459.8 and section 58009 authorize DTSC to take proper and necessary actions for the protection and preservation of the public health as required for the efficient exercise of DTSC's activities under the Polanco Act. 1.4 Properties. Generally, the property or group of properties that will be the subject of this Oversight Agreement are within Redevelopment Project Areas of concern to the Agency. A map of the Redevelopment Project Areas located within the Agency's jurisdiction is attached as Exhibit A. The specific properties to be included in this Oversight Agreement (Property" or group of Properties) in Exhibit A, attached to this Oversight Agreement. The Agency may propose new Redevelopment Project Areas and future properties for incorporation into this Oversight Agreement. If approved by DTSC, new Redevelopment Project Areas will be incorporated into this Oversight Agreement and identified in Exhibit A and new Properties or groups of Properties will be incorporated into this Oversight Agreement and identified in Exhibit A. 2. AGREEMENT THE PARTIES HEREBY AGREE THAT, 2.0. Activities to be Conducted. DTSC and the Agency will undertake activities as specified in this Oversight Agreement to provide for Technical Consultation by DTSC related to site investigation, assessment, remediation and mitigation, or services related to activities to assess hazardous substances releases as may be necessary or helpful for redevelopment. For each particular Property or group of Properties, the parties acknowledge and agree that all work performed pursuant to this Oversight Agreement is intended to be consistent with Health and Safety Code sections 33459-33459.8, or Health and Safety Code sections 25300-25395.45, as appropriate. 2.0.1. Technical Consultation. Upon the request of the Agency's Oversight Agreement Manager identified under Section 2.4 and subject to availability of DTSC resources, DTSC will provide technical consultation to the Agency in accordance with the Scope of Work contained in Exhibit C attached to this Oversight Agreement. Technical consultation may include, but is not limited to, participating in meetings, conferences, workshops, and/or conference calls, researching responses to Agency's questions, reviewing existing data and preliminary City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 4 of 19 reports submitted by Agency or in DTSC's files, conducting site visits and performing general activities to scope a project, including oversight of preliminary site characterization activities. Technical consultation does not include oversight of removal, remediation or other site cleanup activities. DTSC's completion of the activities described in the Scope of Work for technical consultation shall constitute DTSC's complete performance for technical consultation under this Oversight Agreement. 2.0.2. Site -Specific Property Oversight. For each Property or group of Properties subject to this Oversight Agreement, DTSC will provide review and oversight of the activities conducted by the Agency, as appropriate, in accordance with the Scope of Work contained in Exhibit C attached to this Oversight Agreement that is developed by DTSC in consultation with the Agency pursuant to this Section 2.0.2. Tasks identified for which DTSC will provide oversight will not be implemented until DTSC's provides an approval of that Scope of Work. The Scope of Work in Exhibit C applies to a Property or group of Properties being addressed under the Polanco Act or other state and federal laws as determined appropriate by DTSC. The Agency will conduct activities in the manner specified in this Oversight Agreement in accordance with a mutually agreed upon schedule. The Agency may direct or arrange for a third party to conduct those activities in the same manner and in accordance with the same schedule. DTSC will review and provide the Agency with written comments on all Agency deliverables as described in the Scope of Work. For each Property or group of Properties, DTSC will provide oversight, as appropriate, of field activities, including but not limited to observation of sampling activities and implementation of Cleanup Plans. DTSC's completion of the activities described in the Scope of Work for each Property or group of Properties shall constitute DTSC's complete performance under this Oversight Agreement for that Property or group of Properties. 2.1. Inclusion of Properties. For each Property or group of Properties the Agency proposes for site - specific activities under this Oversight Agreement, the Agency will submit to DTSC (1) the information required under Exhibit 8 for that proposed Property or group of Properties; and (2) any other appropriate information. DTSC will discuss with the Agency any issues regarding incorporating a proposed Property or group of Properties into this Oversight Agreement. DTSC will provide written concurrence when it determines that incorporating a proposed Property or group of Properties into this Oversight Agreement is appropriate and will develop in consultation with the Agency a separate site -specific Scope of Work, site - specific cost estimate and schedule for the Property or group of Properties. Upon approval in writing by both the Oversight Agreement Manager for DTSC and the Agency, a revised Exhibit B, C and D for the Property or group of Properties will be incorporated into this Oversight Agreement. 2.2. Amendment of Exhibits. Upon approval in writing by the Oversight Agreement Manager for DTSC and by the Agency, Exhibits may be amended and the Exhibits, as amended, will be incorporated into this Oversight Agreement. 2.3 Additional Activities. Additional activities to the agreed upon Scope of Work may be conducted and DTSC oversight provided by amendment to an Exhibit in accordance with Sections 2.2 and 2.7. If DTSC expects additional oversight costs to be incurred related to these additional activities, DTSC will provide an estimate of the additional oversight cost to the Agency as an amendment to Exhibit D, and/or C, as applicable, as provided in section 2.7. 2.4 Oversight Agreement Managers and Project Managers. Thomas M. Cota is designated by DTSC as its Manager for this Oversight Agreement. Patricia Beard is designated by the Agency as Manager for this Oversight Agreement. Each Party to this Oversight Agreement will provide at least ten (10) days advance written notice to the other of any change in its designated Oversight Agreement Manager. DTSC and the Agency may designate a Project Manager for any Property or group of Properties incorporated into this Oversight Agreement. Both DISC and the Agency reserve the right to appoint different Project Managers, pursuant to this Oversight Agreement, for different projects that may be ongoing at the same time. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 5 of 19 2.5 Notices and Submittals. 2.5.1 AU notices, documents and communications that are to be given under this Oversight Agreement, unless otherwise specified, will be sent to the respective Parties at the following addresses To DTSC: Thomas M. Cota Performance Manager Brownfields Environmental Restoration Program 5796 Corporate Avenue Cypress, California 90630 To the Agency: Patricia Beard Redevelopment Manager Community Development Commission City of National City 1243 National City Blvd National City CA 91950 2.5.2 The parties will give such notices to known property owners and other parties as required by applicable law. (See Exhibit B for known property owners for each Property or group of Properties.) 2.6 DTSC Document Review and Approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Oversight Agreement does not meet the conditions in this Oversight Agreement or fails to protect public health or safety or the environment, DTSC will consult with the Agency and either (1) return comments to the Agency with recommended changes or (2) modify the document, with Agency concurrence, as deemed necessary and approve the document as modified. 2.7 Payment. An estimate of DTSC's oversight costs for Technical Consultation is contained in Exhibit D (as applicable) and an estimate of DTSC's oversight costs for each Property or group of Properties with respect to the Scope of Work described in Exhibit C is contained in Exhibit D. All Parties understand that a Cost Estimate will be prepared for each Property or group of Properties and incorporated into this Oversight Agreement per Section 2.1. Such Cost Estimates shall include all labor, materials and expenses incurred by DTSC in performing the services contemplated by this Oversight Agreement and specified in the Scope of Work for such Property or group of Properties. The Parties understand that the Cost Estimates set forth in Exhibits D are estimates and cannot be relied upon as the final cost figure. The Agency agrees to pay (1) all costs incurred by DTSC and in association with preparation of this Oversight Agreement and for review of documents submitted by the Agency prior to the effective date of the Oversight Agreement; and (2) all costs incurred by DTSC in implementing and providing oversight or conducting other activities pursuant to this Oversight Agreement. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of DTSC's quarterly invoice. DTSC will notify the Agency in writing when it approaches charges of sixty-five percent (65%) of the total Cost Estimate prepared for a Property or group of Properties. The parties agree to evaluate the budget to determine if either a revised estimate or scope of work is needed at the time of the written notice or whether the Agency wishes to terminate as provided in Section 24 of the Standard Provisions. If DTSC or the Agency anticipates a change in the Scope of Work or the need for revision of the Cost Estimate, DTSC will provide a revised estimate in advance of exceeding the total cost estimate. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 6 of 19 2.7.1 In anticipation of the services to be rendered under this Oversight Agreement, the Agency will make an advance payment of $37,492 to DISC no later than thirty (30) days after the effective date of this Oversight Agreement. If the Agency's advance payment does not cover all costs payable to DTSC under this subsection, DTSC will invoice the Agency quarterly. The Agency agrees to pay the additional costs within sixty (60) days of receipt of DTSC's quarterly invoice. 2.7.2 All payments made by the Agency for activities performed for a Property or group of Properties pursuant to this Oversight Agreement will be by check made payable to the "Department of Toxic Substances Control," and bearing on its face the project code for the Property or group of Properties (See Exhibit B) and the Contract Number of this Oversight Agreement. NI payments made by the Agency for DTSC activities performed pursuant to this Oversight Agreement, but not applicable to a Property or group of Properties will be by check made payable to the "Department of Toxic Substances Control" and bearing on its face the project code for this Oversight Agreement [401477 (11 WP)] and the Contract Number of this Oversight Agreement. Payments should be sent to: Department of Toxic Substances Control Accounting/Cashier 1001 I Street, 21st Floor P.O. Box 806 Sacramento, California 95812-0806 2.8 Exhibits. Standard provisions of this Oversight Agreement are contained in Exhibit E (Oversight Agreement Standard Provisions), which is attached to this Oversight Agreement. All exhibits attached to this Oversight Agreement, including Exhibit E, are incorporated into this Oversight Agreement by reference. 2.9. Effective Date. The effective date of this Oversight Agreement is the date when this Oversight Agreement is fully executed. 2.10. Representative Authority. Each undersigned representative of the Parties to this Oversight Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Oversight Agreement and to execute and legally bind the Parties to this Oversight Agreement. 2.11. Counterparts. This Oversight Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. Date: Tamarra Axton Chief, Contract Development Contracts &Business Management Branch Department of Toxic Substances Control Date: Ron Morrison Mayor City of National City City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 7 of 19 EXHIBITS A. MAP OF CITY THAT IDENTIFIES THE REDEVELOPMENT PROJECT AREA (S) WITHIN AGENCY'S JURISDICTION & PROPERTY WITHIN REDEVELOPMENT AREA B. PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY C. SITE SPECIFIC SCOPE OF WORK FOR REMEDIATION OVERSIGHT SCOPE OF WORK D. SCHEDULE AND COST ESTIMATES FOR EACH INCLUDED PROPERTY OR GROUP OF PROPERTIES FOR REMEDIATION OVERSIGHT SCOPE OF WORK E. OVERSIGHT AGREEMENT STANDARD PROVISIONS F. SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 8 of 19 EXHIBIT A REDEVELOPMENT PROJECT AREA WITHIN AGENCY'S JURISDICTION & PROPERTY WITHIN REDEVELOPMENT AREA Na:inna, Ciy Boundary F57, Redevebpment PrujectArea t City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 9 of 19 EXHIBIT B PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY Property Name, Location Site Description Site History Pa rrt National City Public Works Yard The Site is the "Facility- side" property of the The City has operated a public works yard at 2100 Hoover 2100 Hoover Avenue National City, California San Diego County Assessor's Parcel Numbers (APNs) 559 124 05, 560-396- 06, and 560-396-08. Owned by: City of National City National City Public Works Yard, located in an area of National City that is known as the Westside Neighborhood. The Public Works Yard is made up of two separate areas, designated as the "Facility -side" and the "Park -side" properties. The Facility -side property consists of an Avenue since 1973 when it acquired the property. Prior to the date of acquisition, the subject property was undeveloped. The City is planning to relocate its public works yard and redevelop the subject property to include residential homes. To assess whether chemicals of concern have been released to the environment as a result of historic land use practices, the � a �e ; approximate 4.6-acre City has completed multiple i = h vehicle and equipment maintenance facility that is located on the east side of Paradise Creek. environmental studies including a Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation (SI). In g a consideration of the City's intended redevelopment plans z� DTSC worked with the Agency 9 Y to conduct additional investigations to determine •' steps needed to ensure a safe, development. It was determined that localized hotspot removal and a risk based approach to the City's specific construction plans would be considered. z �£ X• x Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011 City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 10 of 19 EXHIBIT C REMEDIATION OVERSIGHT SCOPE OF WORK CITY OF NATIONAL CITY TOD REDEVELOPMENT PROJECT The scope of work under this Oversight Agreement may include, but not be limited to, the tasks described in this exhibit. Please note that the scope of work may be modified based on Agency and Department discussions. Task 1 Property Mitigation Plan The Agency proposes submittal of a Property Mitigation Plan (PMP) to be used as a road map for project activities, consistent with the attached Schedule, for review and approval by the Department. This Plan will include additional, recently acquired data, summarize all existing data and investigations to date, and propose an overall plan for ultimate mitigation of environmental impacts at this site. Please refer to "Attachment 1" for a listing of environmental studies and reports for this site. The Agency expects to propose a PMP on a risk -based approach that will contain sufficient data to propose remedial action objectives and clean up goals, and will include an analysis of alternative remedial measures that could be used for this Project. The Agency will propose a PMP that will include the elements necessary to support its recommendations; including, for example, a risk evaluation and clean up determination for the future residential use of the Project site relying on removal of some impacted media, engineering controls to safely isolate site users from other impacted media, land use controls to advise researchers and future site owners and users about the types and locations of any impacted media left at the Project Site; with the necessary and appropriate level of analysis for the elements of a remedial alternative evaluation (sufficient to satisfy the need for a Feasibility Study); leading to a recommendation for Remedy Selection as described in Task 6. The Property Mitigation Plan (PMP) will describe and illustrate the nature and properties of the future site redevelopment project sufficiently to guide and inform the decisions required for Tasks 2, 3 and 4. The Agency will undertake its risk evaluation using DTSC-approved models, comparing risks at the site before and after implementation of risk mitigation measures, including soil excavation and offsite disposal, installation of engineering controls, and institutional controls. The Agency anticipates either including in the PMP or providing as separate deliverables information concerning: 1) Quality Assurance and Controls 2) Soil Management and transportation proposals 3) Site Preparation Plan, if required 4) Environmental Substructure and Spills Contingency Plan. The Agency shall also provide a copy of the Health and Safety Plan for the Project. TASK 2. Risk Evaluation and Cleanup Level Determination. If the Agency decides to proceed with a remedy or removal action, a scoping meeting may be held to discuss how the risk evaluation and cleanup level determination will be conducted for the Property or group of Properties. If appropriate, the Agency may conduct a risk evaluation consistent with U. S. EPA Risk Assessment Guidance for Superfund (EPA/540/1-89/002) and DTSC's Supplemental Guidance for Human Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Facilities. This City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 11 of 19 evaluation should identify the chemicals of concern and potential routes of exposure; characterize the potential risk; evaluate potential risks to environmental receptors; consider existing and contemplated uses of the Property or group of Properties; and identify site cleanup goals. If DTSC agrees, this information may be submitted in the Remedy Selection Document or Remedial Action Plan or another document combining one or more tasks contained in this agreement. The parties recognize that, depending on the site characterization and the proposed remedy or removal action, a site specific risk evaluation may not always be necessary. However, the following information must be included in the remedy selection document: identification of chemicals of concern, remedial action objectives and cleanup goals and discussion of the derivation of the cleanup goals as appropriate. TASK 3. Feasibility Study. The objective of this task is to evaluate feasible remediation and response alternatives. If the Agency decides to proceed with the remedy or removal action, reasonable potential altematives for the remediation of a Property or group of Properties and response to the presence of hazardous substances should be evaluated, including the "no action" alternative. Such an evaluation may be incorporated in the Remedy Selection Document, or may, if the analysis is complex, be addressed in a separate study or report. The evaluation should (a) identify the goals for the cleanup based upon current and projected future land uses; (b) evaluate feasible alternatives to meet these goals; and (c) recommend a preferred alternative. The feasibility study may be included in or combined with the Remedy Selection Document or the "Remedial Action Plan" or the "Cleanup Plan" or other document, as approved by DTSC. TASK 4. Remedy Selection Document. The purpose of the Remedy Selection Document is to summarize results of the site characterization, risk evaluation and feasibility study and to describe the remedial action or removal plan. The remedy selection may be entitled "Remedy Selection Document," "Remedial Action Plan" (RAP) or "Cleanup Plan" and may include other tasks described herein. The document will address all the components The document shall address the following: (a) a description of the site, site history, site environmental setting, and contamination; (b) a summary of the risk evaluation conducted, if necessary; (c) current and contemplated land uses of the Property or group of Properties; (d) zoning and general plan designation of the Property or group of Properties; (e) the goals to be achieved by the cleanup; (f) a summary description of the feasibility study conducted; (g) a description of the recommended alternative (including any required and/or suggested land use covenants, an operation and maintenance agreement and plan, financial assurance and other operation and maintenance requirements, as appropriate); (h) implementation and enforcement plan if operation and maintenance requirements are identified or if a land use covenant is necessary; (i) the name of the party, if not the Agency, who will be responsible for implementing and operating the final remedy, including any remedy requiring a startup operation period; and (I) an administrative record list. Within sixty (60) days of DTSC's written approval of the final RAP or Cleanup Plan, DTSC will acknowledge, in writing, that upon proper completion of the final RAP or Cleanup Plan, the immunity provided by Health and Safety Code section 33459.3(b) shall apply to the Agency. TASK 5. California Environmental Quality Act (CEQA). DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 12 of 19 CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental document contains the information necessary for the Agency and DTSC to evaluate impacts from the proposed remediation. It is the goal of both DTSC and the Agency that the CEQA document be used by both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document for the RAP or Cleanup Plan. If required, the Agency shall submit the information necessary for DISC to prepare this document. TASK 6. Implementation of Final Protect Mitigation Plan (PMP) Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to proceed with implementation of a RAP or Cleanup Plan with respect to any Property or group of Properties if it determines not to do so. The Agency will provide DTSC with written notice of the Agency's decision to either implement or not implement the Final RAP or Cleanup Plan. Upon DTSC approval of the RDIP (or RAP or Cleanup Plan, if the RAP or Cleanup Plan incorporates the RDIP) and schedule, and if the Agency decides to proceed with the remedy or removal action at a Property or group of Properties, the Agency will implement or will direct the implementation of the approved final RAP, Cleanup Plan, or RDIP, as applicable, in accordance with the approved schedule. At the completion of field work, the Agency (or such other party conducting the remediation or other response or removal actions with respect to a Property or group of Properties) will submit a final Implementation Report discussing the work completed and noting any deviations from the approved plan. Within 60 days of the date DTSC finds that a remedial or removal action has been properly completed in accordance with the Final RAP or Cleanup Plan, DTSC will notify the Agency, in writing, that the immunity provided by Health and Safety Code section 33459.3, subdivision (c) is in effect. This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the satisfactory performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or that the remedy will not attain the final performance standards or cleanup goals specified in the final RAP, Cleanup Plan, or RDIP (including the implementation and enforcement of institutional controls if applicable), DTSC will, as soon as administratively feasible, notify the Agency. TASK 7. Changes During Implementation of the Final RAP or Cleanup Plan. If during implementation of the final RAP, Cleanup Plan and/or RDIP, DTSC determines that additions, modifications or revisions to such document may be necessary to protect human health and safety or the environment or to implement the final RAP, Cleanup Plan and/or RDIP, DTSC will, as soon as administratively feasible, notify the Agency and the parties will determine the appropriate revisions to such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to continue to proceed with the implementation of the modified RAP, Cleanup Plan or RDIP with respect to a Property or group of Properties if it determines not to do so. The Agency and DTSC shall identify contact personnel so that any necessary changes during implementation that may be required as a result of field conditions can be resolved, if possible, through telephone communications or on -site meetings in order to achieve "real-time" decision making and avoid construction delays. The accelerated approach set forth in the PMP requires rapid decision making based on field data and analysis. TASK 8. Public Participation. (a) The Agency and DTSC will conduct appropriate public participation activities given the nature of City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 13 of 19 the community surrounding the Property or group of Properties and the level of community interest. The Agency will work cooperatively with DTSC to ensure that the affected and interested public and community are involved in the decision -making process applicable to the clean-up of the Property or group of Properties, taking into account the Agency's existing public participation capabilities and procedures. DTSC and the Agency will strive to integrate the public participation activities associated with the RAP or Cleanup Plan with the public participation activities associated with the development of the Properties or group of Properties to the maximum extent possible. (b) A scoping meeting may be held to determine the appropriate activities that will be conducted to address public participation. If necessary, the Agency will then prepare a public participation plan for the Property or group of Properties that describes the proximity of homes and/or schools, day care facilities, churches, and similar uses; the current and proposed land uses within and adjacent to the Property or group of Properties; media interest; and involvement of community groups and elected officials. The plan shall also include a mailing list, identify appropriate information repositories, and specify the public participation activities that the Agency will undertake to provide opportunities for public involvement in site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are necessary, as well as their content, distribution and circulation, and whether a public meeting is appropriate depending on the circumstances and the nature of the remedial or removal action, as well as any other public participation procedures. More specifically, the Agency shall collaborate with DTSC to consider undertake the following public participation activities to ensure active public participation in the Project: A. Assessment of Community Interest. The Project is of high public interest to the community. Creation of additional affordable housing uses and removal of blighting conditions are a key component of the Redevelopment Plan for this portion of National City. B. Participation of Other Stakeholders. The Project was initiated by the Agency, relying on its authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health and Safety Code. Ultimately, the Project will require approval at various levels of municipal government, and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as described herein. C. Approval of Project Activities. Approval of Project activities has been and continues to be taken by the Agency's Board of Commissioners, a seven -member body created under provisions of the California Community Redevelopment Law. Agendas for meetings of the Commission are published in advance and actions are taken in public session. Most actions of the Agency are also reviewed and approved by the full City Council, and the Mayor. D. Assignment of Agency Community Affairs Specialist. Public outreach for activities to be undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary with DTSC and be responsible for liaison with appointed and elected citizen participation groups and dissemination of information to adjoining property owners, businesses, and tenants. The Agency will coordinate with DTSC on public relations activities as necessary. E. Preparation and Distribution of Fact Sheet. The Agency shall prepare a Fact Sheet on the environmental conditions found at the site, and the cleanup activities proposed to be undertaken under the PMP, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC contact persons who can provide additional information on the cleanup activities proposed, and will identify how interested parties can provide public comment on the proposed cleanup activities. The Fact Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement. F. Document Depository. The Agency shall establish and maintain a public depository of the PEA and the PMP and its supporting implementation plans for review by the public, and shall include notice of City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 14 of 19 the availability of the depository in the Fact Sheet and any public notices on cleanup plan activities. Project documents will also be maintained on the Agency's web site. G. Notices of Project Activities. The Agency shall provide notices of Project activities at key points in the implementation of the PMP and its associated redevelopment project: 1. Thirty days prior to start of physical activities at the site (additional environment investigation and clean up activities as set forth in the PMP) 2. During cleanup activities, if material changes in scope or duration occur after the original notices. 3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further Action Letter. Information notices will be distributed as follows: 1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official advisory body for redevelopment activities. It consists of appointed community residents and business representatives. 2. Neighborhood Council, as needed 3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of persons expressing interest in being kept informed of Agency activities and will mail or email the notices of Project activities to each person on the list. 4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail notices to all owners of record, and will hand -deliver notices to each business and tenant, with 500 feet of the Project site. . 5. Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a sign on the Project site, noticing the activity and providing contact information. H. Additional Project Meetings as Needed. Depending on community reaction and comment to the Project activities listed above, additional meetings may be convened to provide opportunities for additional input into the cleanup activities proposed for the Project. TASK 9. Land Use Covenant. If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final RAP or Cleanup Plan will contain a requirement for a land use covenant imposing appropriate limitations on land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that are determined by DTSC as not suitable for unrestricted use of the land. If DTSC determines a land use covenant is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC. The land use covenant must be recorded in the County where the land is located prior to DTSC's determination that a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties. TASK 10. Operation and Maintenance (O&M). The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M) requirements or other institutional control measures, in accordance with the final RAP or Cleanup Plan (if needed). The Agency shall designate in the final RAP or Cleanup Plan the parties that will enter into an City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 15 of 19 O&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to certification of the Property or group of Properties. Compliance with any applicable O&M Agreement, and any land use covenant or other institutional control measures, must be included as a requirement for any new owner/lessee in a purchase and sale agreement for the Property or group of Properties. Any party that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance responsibilities at least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a new O&M Agreement. EXHIBIT E OVERSIGHT AGREEMENT STANDARD PROVISIONS 1. The Standard Provisions in this Exhibit E are incorporated by reference into and are a part of the Oversight Agreement. The Standard Provisions have been placed in this Exhibit E for reasons of administrative efficiency. 2. Payment Provisions. Subject to Section 2.7 of the Oversight Agreement, if any bill is not paid by the Agency within sixty (60) days after it is sent by DTSC, the Agency may be deemed to be in material default of this Oversight Agreement. If the advance payment submitted under Section 2.7.1 of this Oversight Agreement exceeds DTSC's actual costs for Oversight Agreement preparation, consultation, review, approval, oversight and other activities conducted under this Oversight Agreement, DTSC will provide an accounting for expenses and refund the difference within one hundred -twenty (120) days after termination of this Oversight Agreement in accordance with Section 24 of this Exhibit. In no other case will the Agency be entitled to a refund from DTSC or to assert a claim against DTSC for any amount paid or expended under this Oversight Agreement. 3. Billing Dispute Resolution. If the Agency disputes a DTSC billing, or any part of a DTSC billing, the Agency will notify DTSC's designated Oversight Agreement Manager and attempt to informally resolve the dispute. If the Agency desires to formally request dispute resolution with regard to the billing, the Agency will file a request for dispute resolution in writing within 45 days of the date of receiving the bill in dispute. The written request will describe all issues in dispute and will set forth the reasons for the dispute, both factual and legal. The Agency will send the written request to: Special Assistant for Cost Recovery and Reimbursement Policy Department of Toxic Substances Control P.O. Box 806 Sacramento, CA 95812-0806 The Agency will also send a copy of the written request for dispute resolution to the person designated in subsection 2.5.1 of this Oversight Agreement to receive submittals. A decision on the billing dispute will be rendered by the person designated above or other DTSC designee. The existence of a dispute shall not excuse, stay or suspend any other compliance obligation or deadline required pursuant to this Oversight Agreement. 4. Communications. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to the Agency in writing by DTSC's Oversight Agreement Manager or his/her designee. No informal advice, guidance, or suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Agency shall be construed to relieve the Agency of the obligation to obtain such written approvals. 5. Endangerment During Implementation. In the event DTSC determines that any activity or operations caused by or on behalf of the Agency or its agents (whether or not pursued in compliance with this Oversight Agreement) may pose an imminent or substantial endangerment to the health and safety of people on any Property or group of Properties or in the surrounding area or to the environment: i) the City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 16 of 19 Agency will take the necessary actions to abate the endangerment it created for such period of time as may be needed to abate the endangerment; or ii) if DTSC determines that conditions require DTSC to exercise its authority to abate the endangerment, the Agency may stop further implementation of this Oversight Agreement as it applies to a Property or group of Properties. However, if the Agency stops implementation, the Agency must meet the conditions under Section 12 of this Exhibit (Notification of Environmental Condition) and, if necessary, must revise the applicable Scope of Work and meet the stop - work conditions as provided in Section 23 of this Exhibit (Amendments). If DTSC determines that an endangerment is the result of Agency actions that have caused a release of hazardous substances or substantially worsened the endangerment, the Agency will take those reasonable steps DTSC determines are necessary to mitigate the condition that the Agency caused or substantially worsened and to secure the Property or group of Properties in order to avoid endangerment to the community. These steps may include installing a protective cover, constructing fencing and signage or other appropriate means to protect public health and the environment. The Agency will not be compelled to fully assess or mitigate a release of hazardous substances if DTSC determines that the Agency did not cause or substantially worsen the release. 6. Condition Precedent. It is expressly understood and agreed that DTSC's receipt of the advance payment described in subsection 2.7.1 of this Oversight Agreement is a condition precedent to any obligation of DTSC to provide consultation, oversight, review and/or comment on documents or to provide any work or perform any activity pursuant to this Oversight Agreement. 7. Record Retention. DTSC will retain all cost records associated with the work performed under this Oversight Agreement for such time periods as may be required by applicable state law. The Agency may request to inspect all documents that support DTSC's cost determination in accordance with the Public Records Act, Government Code section 6250 et seq. 8. Project Coordinator. The work performed for each Property or group of Properties pursuant to this Oversight Agreement will be under the direction and supervision of a qualified Project Coordinator, with expertise in hazardous substance and hazardous waste site cleanup. For each Property or group of Properties, the Agency will submit: a) the name and address of the Project Coordinator; and b) in order to demonstrate expertise in hazardous substance and hazardous waste site cleanup, the resume of the Project Coordinator. The Agency will promptly notify DTSC of any change in the identity of the Project Coordinator. All engineering and geological work shall be conducted in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835. 9. Access. If DTSC determines access is necessary in order to perform any of the tasks contained in Exhibit C (Technical Consultation) or Exhibit D (Remediation Oversight), the Agency will exercise its best efforts to provide access for DTSC and its representatives to the Property or group of Properties subject to this Oversight Agreement for which access is needed. In the event that such access is not provided, it is understood that the implementation of tasks identified in this agreement for the Property or group of Properties for which access cannot be obtained may not proceed. The Agency will also exercise its best efforts to provide access for DTSC and its representatives access and/or obtain access to any area beyond the boundaries of the Property or group of Properties subject to this Oversight Agreement to which access is necessary to implement this Oversight Agreement. To the extent such access is obtained by the Agency, such access will be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this section is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of any law. To the extent such access can be legally obtained by DTSC or the Agency, DTSC and its authorized representatives shall have the authority to enter and move freely about all of the property at each Property or group of Properties at all reasonable times for purposes including, but not limited to: inspecting records and operating logs, sampling activities, administering any other aspects of this Oversight Agreement relating to the Property or group of Properties, reviewing the progress of the Agency in carrying out the terms of this Oversight Agreement, conducting such tests as DTSC may determine are necessary, and verifying the data submitted to DTSC by the Agency. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 17 of 19 10. Sampling, Data and Document Availability. The Agency will submit to DTSC a listing of all known reports in its possession, including sample analysis results, environmental assessment reports, and any other information in its possession pertinent to the hazardous substance and hazardous waste management and/or release, characterization and cleanup of a Property or group of Properties. The Agency will provide copies of any non -privileged reports or information requested by DTSC and will identify privileged or other confidential documents that the Agency is not providing. The Agency will also inform DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous substance and hazardous waste management and/or release, characterization and cleanup of a Property or group of Properties, including the name of the document (if known) and the identity and address of the person/entity with possession of the document (if known). 11. Notification of Field Activities. The Agency will inform DTSC at least seven (7) days in advance of all field activities which the Agency undertakes, including activities the Agency directs a third party to undertake, pursuant to this Oversight Agreement at each Property or group of Properties and will allow DTSC and its authorized representatives to take duplicates of any samples collected by the Agency pursuant to this Oversight Agreement. 12. Notification of Environmental Condition. The Agency shall notify DTSC's Agreement Manager immediately upon learning of any condition posing an immediate threat to public health or safety or the environment. Within seven (7) days of the Agency's discovery of such a condition, the Agency shall submit a brief report to DTSC, setting forth the events that occurred and the measures taken, if any, in response to those events. 13. Preservation of Documentation. The Agency will maintain a central repository of the data, reports, other documents that it prepares pursuant to this Oversight Agreement and other documents relevant to the activities conducted under this Oversight Agreement. All such data, reports and other documents regarding a specific Property or group of Properties will be preserved by the Agency for a minimum of six (6) years after the conclusion of all activities carried out under this Oversight Agreement with respect to that Property or group of Properties. If DTSC requests that some or all of these documents be preserved for a longer period of time, the Agency will either: (i) comply with that request, (ii) deliver the documents to DTSC, or (iii) permit DTSC to copy the documents prior to destruction. Following the expiration of the six -year minimum retention period for documents regarding a Property or group of Properties, the Agency will notify DTSC in writing at least ninety (90) days before destroying any documents prepared pursuant to this Oversight Agreement with respect to that Property or group of Properties. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the six year period with respect to a Property or group of Properties, the related records will be retained until the completion and resolution of all issues arising from that action or until the end of the six -year period, whichever is later. 14. Time Periods. Unless otherwise specified, time periods begin from the date this Oversight Agreement is fully executed, and "days" means calendar days. "Business days" means all calendar days that are not weekends or official State holidays. 15. Agency Liabilities. This Oversight Agreement shall not be construed in any manner as an admission by the Agency of any fact or liability of any kind, nor shall this Oversight Agreement be considered or interpreted as an admission or an assumption by the Agency of any liability or acknowledgment of liability or responsibility for the investigation or assessment of, response or remediation to any environmental condition on any Property or group of Properties or the costs of such activities, for which the Agency is not otherwise liable or responsible. Nothing in this Oversight Agreement shall constitute or be considered a satisfaction or release from liability for any condition or claim arising as a result of Agency's past, current, or future operations. Nothing in this Oversight Agreement is intended or shall be construed to limit the rights of any of the Parties with respect to claims arising out of or relating to the release, discharge, deposit or disposal of hazardous substances or hazardous wastes at the Property or group of Properties or at any other location, if such hazardous City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 18 of 19 substances or hazardous wastes are removed from a Property or group of Properties. 16. State Government Liabilities. The State of California (State) shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by the Agency or its directors, officers, employees, agents, representatives, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this Oversight Agreement. Neither DTSC nor the State may be deemed to be a party to any contract entered into by the Agency or its directors, officers, employees, agents, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this Oversight Agreement. 17. Third Party Actions. In the event that the Agency is a party to any suit or claim for damages or contribution to which DTSC is not a party, relating to a Property or group of Properties subject to this Agreement, the Agency will notify DTSC in writing within ten (10) days after service of the complaint in the third -party action. However, failure to give such notice within 10 days will not be a material breach of this agreement, and this requirement confers no rights on any third parties not party to this Agreement. 18. Reservation of Rights. DTSC and the Agency each reserve the following rights. a. DTSC reserves its right to pursue cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, California Health and Safety Code sections 25201.9, 25343, 25360, 33459.3, subdivision (m) and any other law. The Agency reserves its rights to pursue cost recovery under the California Health and Safety Code section 33459- 33459.8 (Polanco Act) and any other applicable section of the law. b. Nothing in this Oversight Agreement is intended or shall be construed to limit, preclude or affect the authority of DTSC to pursue any legal, equitable or administrative remedies pursuant to state or federal law or to take any action authorized by law or equity to protect public health and safety or the environment and recovering the costs thereof, including DTSC's authority to take action, or require other persons to take action, under chapter 6.5 or chapter 6.8 of division 20 of the Health and Safety Code or under the Polanco Act and to recover DTSC's costs for those actions. c. Nothing in this Oversight Agreement shall constitute or be construed as a waiver, defense to, or limitation on of the Agency's rights (including any covenant not to sue or release), with respect to any claim, cause of action, or demand in law or equity that the Agency may have against any person, as defined in section 101(21) of CERCLA, or Health and Safety Code section 25319, who is not a signatory to this Oversight Agreement. 19. Compliance with Applicable Laws. Nothing in this Oversight Agreement relieves the Agency from complying with all applicable laws and regulations, and the Agency will conform to all actions required by this Oversight Agreement to all applicable federal, state and local laws and regulations. 20. California Law. This Oversight Agreement shall be governed, performed and interpreted under the laws of the State of Califomia. 21. Parties Bound. This Oversight Agreement applies to and is binding, jointly and severally, upon each signatory and upon any successor agency of either the Agency or the State of California that may have responsibility for and jurisdiction over the subject matter of this Oversight Agreement. No change in the ownership or corporate or business status of a Property or group of Properties or any owner of a Property or group of Properties shall alter any signatory's responsibilities under this Oversight Agreement. 22. Severability. If any portion of this Oversight Agreement is ultimately determined not to be enforceable, that portion will be severed from the Oversight Agreement and the severability shall not affect the enforceability of the remaining terms of the Oversight Agreement. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 19 of 19 23. Amendments. Except as otherwise specified in this section and in section 2.2 of this Oversight Agreement, this Oversight Agreement may be amended as specified in this section to withdraw any Property or group of Properties from this Oversight Agreement. The Agency may withdraw a Property or group of Properties from this Oversight Agreement by giving written notice to DTSC that the Agency will stop work on that Property or group of Properties within the next thirty (30) days. DTSC may withdraw a Property or group of Properties by giving written notice to the Agency that DTSC will stop work on that Property or group of Properties within the next thirty (30) days. The effective date of withdrawal is the end of the 30 day notice period. Prior to stopping work on a Property or group of Properties, the Agency must ensure that the Property or group of Properties will pose no greater public health or environmental risk than it posed prior to the Agency's activities on the Property or group of Properties. In the event that the Agency withdraws a Property or group of Properties from this Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of withdrawal. The Scope of Work may be amended by mutual written agreement of the parties. Such amendments or modifications are effective on the third business day following the day the last Party signing the amendment or modification sends its notification of signing to the other Party. The Parties may agree to a different effective date. An amendment to incorporate a Property or group of Properties into this Oversight Agreement and to incorporate by reference site -specific Exhibits for that Property or group of Properties shall be made as specified in subsections 2.1, 2.2, and 2.3 of this Oversight Agreement. 24. Termination for Convenience. Except as otherwise provided in this Section, each Party to this Oversight Agreement reserves the right to unilaterally terminate this Oversight Agreement for any reason. Termination requires that either Party give a thirty (30) day advance written notice of the election to terminate this Oversight Agreement to the other Party. Prior to termination the Agency must ensure that the Property or group of Properties will pose no greater public health or environmental risk as a result of the Agency activities than it posed prior to the Agency's activities at the Property or group of Properties. In the event that this Oversight Agreement is terminated under this section and subject to Section 2.7 of the Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of termination. EXHIBIT F SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC Resolution authorizing the [Authorized Official] to Execute Contracts with the California Department of Toxic Substances Control WHEREAS, the [Name of Agency] determines and declares that it may enter into agreements with State agencies for [Year], and WHEREAS, [Name of Agency] may take any actions that [Name of Agency] determines are necessary and that are consistent with state and federal laws to remedy or remove a release of hazardous substances on, under, or from a property located in a Redevelopment Project Area if certain conditions are met. THEREFORE, BE IT RESOLVED BY THE [name of legislative body] that the [authorized Agency official] is hereby authorized to enter into and execute contracts for the [Name of Agency], with the California Department of Toxic Substances Control, subject to all conditions. I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution introduced and passed at a noticed meeting of the [name of Agency] held on [date]. Signed: Title of Authorized Official, the Agency will be responsible for DTSC costs through the effective date of termination. Date: City of National City Contract No.: 11-T1032 Exhibit B - Page 1 of 2 EXHIBIT B (Reimbursement Contract) BUDGET DETAIL AND PAYMENT PROVISIONS: A. Applicant agrees to advance to DTSC an amount of money based upon DTSC's estimate of the costs it may incur in performing its duties under this Contract. The amount of the advance is based upon DTSC's costs of services for six months, or for the entire amount of the Contract, if less than six months. The cost estimate is attached and incorporated by this reference and is included as the Budget for this Contract. B. DTSC's cost estimate shall include all of its costs, both direct and indirect. The hourly rates utilized in the development of any cost estimate shall reflect DTSC's current hourly rates. These hourly rates are updated as needed to allow DTSC to recover its costs. Applicant is responsible for any increases in the direct and indirect rates and agrees to reimburse DTSC for these cost increases. The Applicant agrees to reimburse DTSC for all costs incurred by DTSC. C. Upon execution of this Contract Applicant shall remit to DTSC an amount not less than $37,492.00 as advance funding for work to be performed by DTSC. The total amount of this Contract is $74,984.00. Applicant shall submit all payments to: Department of Toxic Substances Control Accounting 1001 I Street, 25th Floor P.O. Box 806 Sacramento, California 95812-0806 Attention: Ms. Tsing Maybel Zhan D. Copies of checks and letters transmitting such checks shall be sent simultaneously to DTSC's project coordinator. All payments to DTSC shall indicate City of National City Community Development Commission, Site Code 401294 (11 WP). E. In the event the advance payment is less then 100%, it shall be retained in the Applicant's Account. DTSC shall bill the Applicant quarterly for actual costs incurred. The Applicant shall remit the total amount due within thirty (30) days of the date of the quarterly invoice. DTSC shall hold the advance payment until the Contract is completed or terminated. Any remaining charges shall then be applied against the advance, and any unused advance payment will be refunded within 120 days of the completion of the project. F. If the Applicant cancels the Contract, Applicant agrees to pay DTSC a minimum fee of $1,000.00 out of the advance, regardless of the amount of work or services performed by DTSC under the terms of the Contract. If DTSC incurs more than $1,000.00, Applicant will be responsible for the actual direct and indirect costs incurred or encumbered by DTSC up to the date "notice of cancellation" is received by DTSC, without any additional fee. G. The amount advanced by Applicant may be modified by mutual Contractan writing should the services provided by DTSC exceed its original estimated costs. Upon execution of an amendment to the Scope of Work which increases the original cost, applicant agrees to pay any additional advance payment to DTSC for such newly agreed upon work. City of National City Contract No.: 11-T1032 Exhibit B - Page 2 of 2 EXHIBIT B (Reimbursement Contract) BUDGET DETAIL AND PAYMENT PROVISIONS CONTINUED: H. Any dispute concerning DTSC's costs incurred pursuant to this Contract is subject to the dispute resolution procedures as established pursuant to Health and Safety Code section 25269.2. DTSC reserves its right to recover unpaid costs under applicable State and Federal laws. EXHIBIT D OVERSIGHT AGREEMENT COST ESTIMATE COST ESTIMATE WORKSHEET Environmental Oversight Agreement Date: August 2011 Project Name:National City Public Works Yard TOD Development Site Code: 401477 (11 WP) Title VCP Coord. Project Manager Toxicologist Geology Public Participation HQ CEQA Legal Clerical Classification ` 7 HSS . Staffer Toxicologist Sect n , Eci p., n9 eofr q t PPS ICEP ,Counsel .OT ( ; Cat- TASK Agreement Prep,/Negotiation 8 :t2ttttt Project Management 24 1 Property Mitigation Plan 16 8 8 1205 Risk Assessment , 8 24 11015 Public Participation 16 8 8 40 24 40 -- {0 ' Remedial Action PlanlRemouat Action Workplanr :° 40 24 32 Implement Remedial, r Action/Removal Action 16 8 24 120e0 Certification` 8 8 12020 Deed Restriction 12 16 o18 Operation:& !Mint, , Total No. Hours/Class 8 164 72 72 40 40 24 Hourly Rate/Class $151 8151 $178 $207 $123 $129 $180 $75 CostlClass $1.208 $24.764 $12.816 $14,904 $4.920 $5,160 $4,320 $75 Contingency (10% $6,817 Grand Total Cos $74,984 Advance Payment $37,492 Note: Schedule to be determined based on discussion between the Agency and DTSC at the first project team meeting City of National City Contract No.: 11-T1032 Exhibit D - Page 1 of 1 EXHIBIT D (Reimbursement Contract) A. SPECIAL TERMS AND CONDITIONS Nothing in this Contract shall limit the types, classifications or number of staff who may perform work pursuant to this Contract and for whom DTSC may bill Applicant, subject to the provisions as set forth in Exhibit B. B. DTSC or Applicant may terminate this Contract without cause upon giving the other party 30-day advance written notice. DTSC shall not be liable for any loss or damages sustained by Applicant as a result of the termination of this Contract. C. This Contract shall not be considered effective until it is signed by both parties, and if necessary, approved by the Department of General Services. STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 11-T1032 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Department of Toxic Substances Control CONTRACTOR'S NAME City of National City/Community Development Commission 2. The term of this Agreement is: Upon Approval through 8/31/2012 3. The maximum amount $ 74,984.00 of this Agreement is: Seventy -Four Thousand Nine Hundred Eighty Four Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A — Scope of Work Exhibit B — Budget Detail and Payment Provisions Exhibit C* — General Terms and Conditions Check mark one item below as Exhibit D: 19 page(s) 2 page(s) GTC 610 Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page(s) Exhibit - D* Special Terms and Conditions Exhibit E — Additional Provisions page(s) Items shown with an Asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at http://www.dgs.ca.qov/Default.aspx?alias=www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of National City/Community Development Commission BY (Authorized Signature) DATE SIGNED(Do not pef PRINTED NAME AND TITLE OF PERSON SIGNING Ron Morrison, Mayor ADDRESS 1243 National City Blvd. National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME Department of Toxic Substances Control BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Sandra Poindexter, Procurement & Contracting Officer )DRESS )01 I Street, P.O. Box 806, Sacramento, CA 95812-0806 California Department of General Services Use Only Exempt per. Notice No.: 40.05 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 0 rEM TITLE: The Resolution of the City Council of the City of National City approving an amendment to the salary schedule for the Management employee group to include a salary band for the newly created classification of Deputy City Attorney $74,630.25 - $99,507.00, annually. PREPARED BY: Stacey Stevenson DEPARTME PHONE: 336-4308 APPROVE EXPLANATION: Reso. rces With the unanimous approval of the Civil Service Commission, the Human Resources Department created a new classification of Deputy City Attorney. As created the Deputy City Attorney is a management level, at -will classification that will be available to the office of the City Attorney pending approval of the Mayor & City Council. Prior to any potential future use of the classification a salary band must be approved by the City Council. Based on internal and external compensation data, staff recommends that the salary band be establish at $74,630.25 - $99,507.00, annually. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A SALARY BAND FOR THE NEW MANAGEMENT LEVEL POSITION OF DEPUTY CITY ATTORNEY BE IT RESOLVED that the City Council of the City of National City hereby approves the salary band for the new Management level position of Deputy City Attorney as follows: POSITION GROUP RECOMMENDED SALARY Deputy City Attorney Management $74,630.25 - $99,507.00 annually PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 21 fEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a first amendment to the agreement between the City of National City and Claims Management Associates (CMA) Inc., in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City. PREPARED BY: Stacey Stevenson DEPARTMEN PHONE: 336-4308 APPROVED EXPLANATION: Res, rces In September, 2010, the City Council authorized the City Manager to enter into a one year agreement with CMA for performance of the full range of risk services including liability claims adjusting and risk management services. Consistent with the terms of the agreement, staff wishes to exercise the ability to extend the agreement under the same terms and conditions. After one year, the City finds that utilizing contracted services in lieu of a full-time staff person continues to provide budgetary savings. The relationship also meets the service needs of the organization. CMA, with its technical knowledge and experience, is in the process of assisting staff in updating policies and practices; and in developing efficiency measures. To severe the relationship at this time would result in a significant set back in these efforts. FINANCIAL STATEMENT: ACCOUNT NO. 627-403-081-213-0000 APPROVED: APPROVED: Finance MIS By utilizing the services of CMA and by not filling the full-time benefitted Risk Manager position, the City will realize ongoing savings of approximately $47,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ension to the agreement between the City of National City and CMA moil Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $4,965 PER MONTH TO PROVIDE LIABILITY CLAIMS ADJUSTING AND RISK MANAGEMENT SERVICES TO THE CITY WHEREAS, on September 7, 2010, the City Council adopted Resolution No. 2010-205, authorizing a one-year agreement with Claims Management Associates, Inc. ("CMA"), in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City; and WHEREAS, the City and CMA desire to extend the Agreement for an additional one-year term under the same terms and conditions, expiring September 6, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., in the not to exceed amount of $4,965 per month under the same terms and conditions to provide consulting services with respect to liability claims adjusting and risk management services. Said First Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. This First Amendment to the Agreement by and between the City of National City and Claims Management Associates, Inc. is entered into this 27th day of September, 2011, by and between the City of National City and Claims Management Associates, Inc. [Amendment]. RECITALS WHEREAS, the City of National City [City] and Claims Management Associates [CMA], Inc. previously entered into the agreement entitled Agreement by and between the City of National City and Claims Management Associates, Inc. [Agreement], dated September 7, 2010 for liability claims adjusting and risk management services to the City; WHEREAS, that Agreement provides that the City of National City may extend services beyond the contract expiration date of September 6, 2011 under the same term and conditions; WHEREAS, the City now seeks to extend the Agreement for an additional year. AGREEMENT NOW THEREFORE, the City and CMA agree as follows: 1. This Amendment extends the Agreement for one year for the time period September 7, 2011 through September 6, 2012. 2. The parties agree that each and every term of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES, INC. By: By: Ron Morrison, Mayor Approved as to form: Claudia Silva City Attorney Edward Garbo, President By: (Print) (Print) FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. This First Amendment to the Agreement by and between the City of National City and Claims Management Associates, Inc. is entered into this 27th day of September, 2011, by and between the City of National City and Claims Management Associates, Inc. [Amendment]. RECITALS WHEREAS, the City of National City [City] and Claims Management Associates [CMA], Inc. previously entered into the agreement entitled Agreement by and between the City of National City and Claims Management Associates, Inc. [Agreement], dated September 7, 2010 for liability claims adjusting and risk management services to the City; WHEREAS, that Agreement provides that the City of National City may extend services beyond the contract expiration date of September 6, 2011 under the same term and conditions; WHEREAS, the City now seeks to extend the Agreement for an additional year. AGREEMENT NOW THEREFORE, the City and CMA agree as follows: 1. This Amendment extends the Agreement for one year for the time period September 7, 2011 through September 6, 2012. 2. The parties agree that each and every term of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES, INC. By: By: Ron Morrison, Mayor Approved as to form: Claudia Silva City Attorney Edward Garbo, President (Print)ed-e,-4.---d &%("v By: Edward Garbo, Secretary (Print) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO.22 M TITLE: Resolution accepting proposals for National City Towing and Impound Contract Services, and final contract award to two providers: Tom Moynahan Towing and Road One Towing. Contract term: October 1, 2011 — September 30, 2013. PREPARED BY: Dan Fabinski & Debbie Lunt PHONE: 336-4446/336-4582 EXPLANATION: DEPARTMENT: Police & Fine Depts. APPROVED BY: /1//� Request for Proposal #GS1011-4 was issued to establish a new Towing and Impound Contract for the City of National City. At the City Council meeting on September 6, 2011, City Council selected Tom Moynahan Towing and Road One Towing as the contractors for the contract term of October 1, 2011 — September 30, 2013. Contracts are being returned to City Council for final approval and award. FINANCIAL STATEMENT: n/a ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: n/a APPROVED: Finance MIS STAFF RECOMMENDATION: It is recommended by the Towing Contract Committee that Council execute towing contracts to Tom Moynahan Towing and Road One Towing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: contracts: Tom Moynahan Towing & Road One Towing Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING TWO PROPOSALS FOR THE POLICE DEPARTMENT TOWING AND IMPOUND SERVICES AGREEMENT, OVERRULING ALL PROTESTS, AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH MOYNAHAN TOWING AND ROAD ONE TOWING FOR TWO-YEAR TERMS WHEREAS, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the National City Municipal Code, ordinances and regulations of the City of National City; and WHEREAS, the City adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage services upon the request of the National City Police Department; and WHEREAS, on May 19, 2011, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractors responded; and WHEREAS, the tow committee comprised of City staff evaluated the proposals and prepared a report for the City Council's consideration detailing the evaluation process and explaining the evaluations of the proposals, including whether the proposals met the RFP requirements; and WHEREAS, on August 16, 2011, the City Council directed staff to return to the City Council with a recommendation of the top two operators based on the overall value to the City; and WHEREAS, on September 6, 2011, staff presented its recommendation of the top two ranked tow operators and responded to all protests. Staff was directed to return with contracts with the two top -ranked operators; and WHEREAS, the two top -ranked tow operators, Moynahan Towing and Road One Towing, each have a history of accurate, dependable and reliable service to the City, have participated in a competitive process through the RFP, have been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and WHEREAS, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City, and Moynahan Towing and Road One Towing represent and warrant they are experienced and staffed in a manner such that they are capable and prepared to deliver the services required by the City of National City, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby overrules all protests and authorizes the Mayor to execute Agreements for Police Department Towing and Impound Services with Tom Moynahan and with Road One Towing, respectfully, for a term beginning October 1, 2011, and ending September 30, 2013. Said agreements are on file in the office of the City Clerk. Resolution No. 2011 — Page Two PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND A TO Z ENTERPRISES, INC. DBA ROADONE FOR TOWING AND IMPOUND SERVICES FOR THE PERIOD OF OCTOBER 1, 2011 TO SEPTEMBER 30, 2013 TABLE OF CONTENTS Title & Section Page Number "Agreement for Towing and Impound Services" 7 Recitals 7 1.0 DEFINITION OF TERMS 1.1 Police Tow 8 1.2 Police Referral Tow 8 1.3 On Demand Tow 8 1.4 Secondary Tow ... 8 1.5 Collision Tow 8 1.6 Response Time 8 1.7 Dispatch Center 8 1.8 Contract Year . 8 1.9 Fee Schedule 9 1.10 Referral Fee 9 1.11 Negligent Vehicle hnpound Release Fee 9 1.12 S.T.O.P. Fee 9 1.13 30 Day Impound Fee 9 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval 9 2.2 Entire Agreement 10 2.3 Administration of Agreement 10 2.4 Cooperation and Consultation 10 2.5 Compliance with Applicable Law 11 2.6 Licenses, Permits, Etc 11 2.7 Disputes .. 11 2.8 Mediation / Arbitration . 11 2 2.9 Legal Fees ... 12 2.10 Indemnification and Hold Harmless 12 2.11 Business Records (10650 CVC et seg.) 12 2.12 Prohibition Against Use of Privileged Information 13 2.13 Indcpcndent Contractor 13 2.14 Assignment 13 2.15 Workers' Compensation 13 2.16 Non -Discrimination Provision 14 2.17 Conflict of Interest and Political Reform Act Obligations 14 2.18 Termination of Agreement 14 2.19 Charges and Fees .. 15 2.20 Inspection 15 2.21 Notice of Termination .. 15 3.0 TERMS of AGREEMENT, OPTIONS, RENEW and RE -OPENERS 3.1 Duration 16 3.2 Relevant Dates .. 16 3.3 Option to Renew .. 16 3.4 Re -Opener Clause - Referral Fee 17 3.5 Re -Opener Clause - Fee Schedule .. 17 3.6 Re -Opener Clause - 30 Day Impound Fee (S.T.O.P.) 17 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time .. 17 4.2 Response Time Computation ... 18 4.3 Response Time - Penalty .. 18 4.4 Response Time - Penalty Assessment 18 5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation 18 3 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License 19 6.2 Contractor Availability - Response to Service Requests 19 6.3 Contractor Towing Forfeited Vehicles 20 6.4 Contractor Availability - Vehicle Release 20 6.5 Business Office 20 6.6 Business Office Hours 20 6.7 Contractor's Employees 70 6.8 Signs 21 6.9 Method of Payment -Towing or Storage Charges (22651.1 CVC) 22 6.10 Storage of Vehicles; City, Seized 22 6.11 Removal from Private Property 22 6.12 Notice to City - Private Property Impounds 22 6.13 Gratuities (12110 CVC) 23 6.14 Tow Truck Driver - On Scene Duties . 23 6.15 Access to Stored Vehicles 23 6.16 Access to Stored Vehicle - Removal of Private Property 24 6.17 Access to Evidentiary Vehicles ... 24 6.18 Invoices 24 6.19 Vehicle Impound Control Card (PD form 250) 24 6.20 Proceeds from Lien Sale ..25 7.0 FEES 7.1 Fee Schedule .. 25 7.2 Secondary Tow Fees 26 7.3 City Vehicle Tow Fees 26 7.4 Fees - Police Department Errors and Omissions ... 26 7.5 Referral Fee 27 7.6 Referral Fee - Due Date 27 7.7 Referral Fee - Late Fee .. 27 7.8 Referral Fee - Payments 27 7.9 Negligent Vehicle Impound Release (NVIR) Fee 28 7.10 NVIR Fee 28 7.11 NVIR Fee - Payment Due Date 28 7.12 NVIR Fee - Payments 28 7.13 NVIR Payment - Late Fee 29 7.14 Serious Traffic Offender Program (STOP) Impound Fee .. 29 7.15 S.T.O.P. Impound Fees - Due Date 29 7.16 S.T.O.P. Fee - Payment . 29 7.17 S.T.O.P. Fee - Late Fee 30 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees 30 7.19 30-Day Impound Fees - Due Date and Payment 30 6.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release ...30 8.2 Exceptions to General Rule 30 8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 31 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 31 8.5 Expert Training - DMV Document Identification 31 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 31 9.2 Minimum Tow Truck Equipment Requirements 32 9.3 Tow Truck Identification 33 9.4 Tow Truck Lighting Equipment 33 9.5 California Highway Patrol Inspection Certification ..• 33 9.6 Tow Truck Maintenance 33 5 9.7 Storage Lot, Minimum Requirements 33 9.8 Minimum Lighting Requirements - Storage I.ot 34 9.9 Vehicle Examination Area 35 9.10 Secure Area - Evidentiary Vehicles 35 9.11 Special Operations 35 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements .35 10.2 Primary Insurance .36 10.3 Claims Made vs. Occurrence Form 36 10.4 Aggregate Insurance Limits 36 10.5 Insurance Company 37 10.6 Insurance Certification Requirement 37 10.7 Insurance Requirement - Extension Option 37 10.8 Limitations of Liabilities and Obligations 37 10.9 Sub -Contractor Insurance Requirement 37 11.0 CONSTRUCTION of AGREEMENT 37 ATTACHMENT A Towing Fee Schedule 39, 40 ATTACHMENT B NVIR Fee - Applicable CVC & NCMC Sections 41, 42 ATTACHMENT C S.'LO.P. Fee - Applicable CVC Sections 43 AGREEMENT FOR TOWING AND IMPOUND SERVICES This Agreement for Towing and Impound Services ("Agreement") is made and entered into in the City of National City, State of California, on this First (1st) day of October, in the year 2011, by and between the City of National City, a municipal corporation ("City"), and A to Z Enterprises, Inc. doing business as RoadOne ("Contractor") for towing and impound services. RECITALS Whereas, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the Municipal Code, ordinances and regulations of the City of National City; and Whereas, the City has adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department; and Whereas, on May 19, 201 1, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractor responded; and Whereas, the tow committee comprised of City staff evaluated the proposals and prepared a report for Council consideration detailing the evaluation process and explaining the evaluations of the proposals, including whether the proposals met the RFP requirements; and Whereas, on August 16, 2011, the City Council directed staff to return to the City Council with a recommendation of the top two operators based on the overall value to the City; and Whereas, on September 6, 2011, staff presented its recommendation of the top two ranked tow operators, which included Contractor. Staff was directed to return with contracts with the top two ranked operators; and Whereas, A to Z Enterprises, Inc. doing business as RoadOne ("RoadOne") has a history of accurate, dependable, and reliable service to the City, participated in a competitive process through the RFP, and together with another towing contractor has been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and Whereas, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City and Contractor represents and warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the City of National City and RoadOne mutually agree to the terms and conditions as follows: 7 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of the National City Police Department where the consent of the owner or operator of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department at the request of the vehicle owner, operator, or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or their agent, without police involvement. On - Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service, the matter is considered a "Police Referral Tow". On -Demand Tows are independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request by the National City Dispatch Center or a City Employee -to the Contractor and the arrival of the specific tow truck. type requested to fulfill the tow need on scene. Under most situations, a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the Contractor's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when there is a need for additional services. 1.7 Dispatch Center is the Police Department's multifunction emergency and non - emergency telephone/radio operators. 1.8 Contract Year is defined as any one year, 365 day period during the term of this Agreement. The first contract year begins on October 1, 2011 and ends on September 30, 2012. 8 The second contract year begins on October 1, 2012 and ends on September 30, 2013 . There are two (2) successive years in this Agreement. 1.9 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set forth in Section 7.0. 1.10 Referral/Franchise Fee is authorized by California Vehicle Code § 12110(b) and is defined as a quarterly fee charged to the Contractor(s) by City in connection with the award of a franchise for towing services for the City. It is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Referral Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this Agreement. The payment of the Referral Fee is set forth in Sections 7.5, 7.6, 7.7, and 7.8. 1.11 Negligent Vehicle Impound Release Fee is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is one hundred twenty-four ($124) dollars. The NVIR fee may be adjusted during the term of the agreement as set forth in Section 7.0 of this Agreement. This fee is collected by Contractor on behalf of City. 1.12 S.T.O.P Fee The Serious Traffic Offender Program ("S.T.O.P.") is authorized by City resolution and under the authority of California Vehicle Code § 22850.5. It focuses on unlicensed drivers and provides for a 30-day impound of vehicles. The fee is one hundred fifty ($150) dollars. The fee off -sets the administrative costs of the program. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The S.T.O.P. fee may be adjusted during the term of this Agreement as set forth in Section 7.0. 1.13 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a S.T.O.P. vehicle is held for 30 day storage. This fee is not applicable when City releases a vehicle prior to the full 30 day period. Nothing in this section is intended to prevent or preclude the early release of a 30 day hold S.T.O.P. vehicle if extraordinary circumstances warrant. The 30-Day Impound Fee will remain at 15% of the amount collected for storage on released vehicles. 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval This Agreement for towing service shall become effective when the City Council of the City of National City has reviewed and approved the Agreement and it has been fully executed by Contractor. 9 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. 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. 2.3 Administration of Agreement Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator For The City of National City Dr. Adolfo Gonzales, Chief of Police National City Police Department 1200 National City Blvd., National City, CA. 91950 (619)336-4511 Management and Operations Traffic Division Sergeant, National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4400 Inspection & Operational Supervision Traffic Division Sergeant, National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4420 Contract Administrator For RoadOne Dale Wineteer, President RoadOne 3821 Calle Fortunada, Suite A San Diego, CA 92123 (858) 492-5201 2.4 Cooperation and Consultation The designated City employee(s) and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the tern of this 10 Agreement, Contractor shall permit access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City, the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. 2.5 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. 2.6 Licenses, Permits, Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, and as required in the City's Request for Proposal for this Agreement. 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, insurance or approval which is legally required for the Contractor to practice its profession. 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any temp of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. 2.8 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 County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost 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 County, 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 cost of its own experts, evidence and attorneys' fees, except that the 11 arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2.9 Legal Fees If any party brings a suit or action against the other party arising from any alleged 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 from the other party all costs and expenses of suit, including expert and attorneys' lees. For purposes of determining who is to be considered the prevailing. party, it is stipulated that attorneys' 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. Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees, agents, and volunteers against and from any and all liability, loss, damage, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims. of or by anyone whomsoever, in any way resulting from, related to, or arising out of the Contractor's perforniance of this Agreement. 2.11 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, tirne of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 12 2.12 Prohibition Against Use of Privileged Information Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent Contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. 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, and 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. 2.14 Assignment 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, as the Contractor may deem necessary for the proper and efficient perfonnance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it shall not subcontract any towing or impound services. Any other type of work that is subcontracted shall require written consent of the City. All agreements by Contractor with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this Agreement. 2.15 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 Califomia Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify,, defend and hold harmless the City and its officers. employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against the City or its officers, employees, or volunteers, for or 13 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. 2.16 Non -Discrimination Provision The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Contractor will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. 2.17 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 interest's 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 direct or indirect 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. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. 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 section by the Contractor. 2.18 Termination of Agreement This Agreement may 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. Termination for cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. In the event of termination, all finished or unfinished memoranda, reports, 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 14 exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's breach, if any. 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 or change in business status of the Contractor. If Contractor is terminated during the period of performance for any of the reasons stated above or is no longer able to perform for any reason, then the City may unilaterally select another tow operator to replace the terminated or no Longer performing Contractor. The selection of such other tow operator, and whether to select another tow operator, shall be at the sole discretion of the City. In the event another tow operator is selected by the City per this Section, that other tow operator will be required to comply with the same terms of this Agreement or its amendments, including the accepted and adopted fee rate schedule. 2.19 Charles and Fees Contractor is authorized and responsible for'the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City shall require no less than an annual inspection of Contractor and its facilities to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during normal business hours but may be conducted without prior, advanced notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a written report to the Contract Administrators and/or City staff. 2.21 Notice of Termination 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 of 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 telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 15 To the CITY: Contract Administrator For The City of National City Dr. Adolfo Gonzales Chief of Police National City Police Department 1200 National City 131vd National City, CA. 91950 (619) 336-4511 To the CONTRACTOR: Dale Wineteer, President RoadOne 3821 Calle Fortunada, Suite A San Diego, CA 92123 (858) 492-5201 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration The duration of this Agreement shall be for two (2) years with options for extension. 3.2 Relevant Dates This Agreement begins at 0001 hours on October 1, 2011, and terminates at 2400 hours on on September 30, 2013. 3.3 Option to Renew The City of National City reserves the option to renew the Agreement up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning on the anniversary of the commencement of service, including any amendments. The renewal is contingent on a mutual agreement between the City and the Contractor, with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the Agreement for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the 16 requested increase. The City will evaluate the requested increase, which the City reserves the right to accept or reject the requested increase. 3.4 Re -Opener Clause - Referral Fee After the first twelve consecutive month period of this Agreement; City may review all tow data to determine the actual number of Police and Referral Tows in the preceding twelve-month period and to determine whether the Referral Fee warrants adjustment. The Referral Fees may be adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred by the City to process and administer towing and impound services, which may include, but is not limited to, review of the number of vehicles referred to the Contractor and review of increased costs. If appropriate, City shall consider implementing a per vehicle referral fee to offset costs incurred by the police department in processing and administering towing services. City may also compare and consider referral fees charged by other law enforcement jurisdictions in San Diego County for towing services. 3.5 Re -Opener Clause - Fee Schedule After the first twelve consecutive month period of this Agreement, the Contractor may submit to the Chief of Police a request for an increase to the fee schedule set forth in Attachment A, seeking to adjust the fees consistent with the community standard for police towing in San Diego County. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate comments, recommendations and submit the material for City Council consideration. 3.6 Re -Opener Clause - 30-Day Impound Fee (S.T.O.P.) After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of S.T.O.P. vehicles held for a 30 day period versus the number of S.T.O.P. vehicles not held for the 30 day period, in the preceding twelve month period, and to determine whether an adjustment is warranted for the 30-Day Impound Fee. The percentage 30- day impound fee may be adjusted up or down based upon the data. 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time Response time is defined as the elapsed time between the relaying of the tow service request by the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot of NCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. 17 Due to the limited number of out of City of National City jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Response Time is defined as the elapsed time between the relaying of the tow service request to the Contractor and the arrival of the tow truck on scene. The Contractor is expected to dispatch immediately any available tow truck that will fulfil the tow need on scene upon receipt of a towing request. The Contractor is expected to notify the National City Police Dispatch Center when the response time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow company in rotation. 4.2 Response Time Computation Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.3 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The secondary tow contractor may be notified. 4.4 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar ($500.00) penalty if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement per any single request by the City for towing services. Failure to meet Response Time requirements may result in termination of this Agreement. .5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first day of the month to midnight on the 15`h day of the month for one contractor and from 0001 hours on the 15`h day of the month to midnight on the last day of the month: for three contractors — from 0001 hours on the first day of the month to midnight on the 10th day of the month for the first contractor, from 0001 hours on the 11 `h day of the month to midnight on the 20th day of the month for the second contractor, and from 0001 hours on the 2I51 day of the month to midnight on the last day of the month for the third contractor. 18 The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the Contractor rotation by an impartial means agreeable to contractors involved. Should all Contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chiefs decision will be final. Any Contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract. It is understood that the number of contractors selected divided into the number of days per month may not result in each contractor having the same number of overall tow days per year. In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License Contractor shall at all times during the term of this Agreement retain a valid City Busincss License in compliance with National City Municipal Code § 6.04 et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage Tots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances, zoning regulations, land use requirements within the jurisdiction of location. 6.2 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of Agreement, Contractors shall operate a dispatching system. The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the City or the public receiving no answer after six (6) rings or busy signal to their telephone call. Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to the Contractor to ensure they arc able to meet the response time requirements of the Contract by whatever means they deem appropriate. 19 Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for such a system upgrade at this time. 6.3 Contractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited, and constitutes a material breach of this Agreement. In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department for all towing and storage fees. 6.4 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week, including all holidays. 6.5 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.6 Business Office Ilours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Years Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and Christmas Day. 6.7 Contractor's Employees All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that arc being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of award, Contractor shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will be assigned to the Agreement. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. 20 The Contractor will notify, within ten (10) days, National City Police Department Traffic Division Sergeant whenever a new employee is hired that is assigned to perform duties under the Agreement or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Contractor shall have all tow truck drivers involved with NCPD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Section 1) above. 3) The Contractor shall ensure selection pools for commercially and non - commercially licensed drivers are maintained separately. The Contractor shall provide proof records of their CSAT programs to NCPD. 4) A driver possessing a non-commercial driver's license who tests positive but subsequently returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. 6.8 Signs In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E). Additionally, Contractor is required by California Vehicle Code § 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. 21 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.10 Storage of Vehicles; City, Seized Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the City may result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the National City Police Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. City shall make payment for services rendered on a monthly basis from month previous. 6.11 Removal from Private Property Pursuant to California Vehicle Code § 22658(h), a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall he for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.12 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code § 22658, Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking possession of the vehicle. Generally, private property impounds are considered On -Demand Tows. 22 6.13 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided to City by Contractor, or benefit provided to Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.14 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition reasonably known to the officer. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in -charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in -charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public - right -of -way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. 6.15 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to he the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 23 6.16 Access to Stored Vehicles — Removal of Private Property Pursuant to California Vehicle Code § 22851(b), no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter I0 of the California Vehicle Code. Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.17 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.18 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.19 Vehicle impound Control Card (PI) form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed. when a police hold is placed on a towed vehicle. The impounding officer shall obtain a case number and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contractor shall not be liable for uncollected City S.T.O.P. fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. Ilowever, the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER section of the form. 24 6.20 Proceeds from Lien sale In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5, the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Serious Traffic Offender Program (S.T.O.P.) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the S.T.O.P. and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the S.T.O.P. program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council of the City of National City, pursuant to section 3.5 Re - Opener - Fee Schedule, of this Agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action of the Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought and approved at the discretion of the City. This process may be instituted by routine cost of service evaluation by the City or by request of the Contractor. It is understood that there may be a need for rate changes during the tern of the Contract. Therefore, during the term of the Contract, should any Contractor make a request for rate changes, the Contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is 25 not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Referral Fee beginning of July 1st of each contract year. 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 25% of the Basic Tow Fec for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been directed by the City to be towed and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably he established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 26 7.5 Referral Fee The total annual Referral Fee due to the City shall be one hundred twenty-two thousand five hundred twenty dollars ($122,520.00), divided equally amongst the tow operators awarded contracts, and paid quarterly. Contractor shall make quarterly Referral Fee payments to City for the right to provide towing and storage service to City. The minimum Referral Fee payment amount per Contractor, when two contractors have been awarded, shall be fifteen thousand three hundred fifteen dollars ($15,315.00) per quarter. The Referral Fee shall be payable for a period of two (2) years subject to adjustments as defined in Section 3.4 - Re -Opener Clause - Referral Fee. The referral fee shall continue in the above described manner in the event of a Contract extension renewal. 7.6 Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15`h) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Quarter End Dates Is' Quarter— January 15, 2012 2"d Quarter— April 15, 2012 3rd Quarter —July 15, 2012 4th Quarter — October 15, 2012 Second Contract Year; Quarter End Dates I51 Quarter - January 15, 2013 2'd Quarter — April 15, 2013 3rd Quarter — July 15, 2013 4'h Quarter — October 15, 2013 7.7 Referral Fee - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.8 Referral Fee - Payments The Referral Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd., National City, CA 91950 27 Upon receipt and no later than live days from receipt, the Operations Assistant shall record and account for the Referral Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000- 3558. 7.9 Negligent Vehicle Impound Release (NVIR) Fee The Negligent Vehicle Impound Release Fee shall he an amount established by City. Said fee is one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIRFee- Collection Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified and itemized. 7.11 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5`h) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1s`) day of the month and the fifteenth (15`h) day of the month, (inclusive). 7.12 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049- 3551. 28 7.13 NVIR Fee Payment - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.14 Serious Traffic Offender Program (S.T.O.P.) Impound Fee The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is one hundred fifty ($150) dollars. The S.T.O.P. fee is recognized as a necessary and effective method of generating revenues necessary to off set program costs, services and facilities. Vehicles impounded by City pursuant to the S.T.O.P. program shall be released by City, upon expiration of a 30 day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect S.T.O.P. fees prior to the actual release of the vehicle. Contractor shall remit the collected S.T.O.P. fees to City pursuant to the below listed payment schedule. The S.T.O.P. fees shall be properly identified and itemized. The S.T.O.P. fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of applicable sections.) 7.15 S.T.O.P. Impound Fees - Due Date S.T.O.P. program fees collected by Contractor shall be due and payable to City no later than the fifth (5`h) day of each month and the twentieth (20`h) day of each month. Payments due on the fifth (5`h) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16`h) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20rh) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15`h) day of the month, inclusive. 7.16 S.'l'.O.P. Fee -Payment The S.T.O.P. program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the S.T.O.P. fees consistent with the teens of this agreement. The S.T.O.P. fee of 29 one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: Amount Revenue Account Number $125.00 191-11000-3550 $ 25.00 001-11000-3550 7.17 S.T.O.P. - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off set police costs associated with the operation of the S.T.O.P. program. This fifteen (15%) percent fee shall not apply to S.T.O.P. vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees - Due Date and Payment Revenue received as a result of section 7.18 shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the S.T.O.P. 30-Day Vehicle Impound shall be deposited into Revenue Account Number 191-110003550. 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: I. 14602.6 - S.T.O.P. Program 30 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Ilit & Run Investigation 4. 22655.5 - Evidentiary Reasons 8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code § 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48 hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48 hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48 hour period, regardless of City hold status_ 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City may provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Department of Motor Vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. 9.0 MINIMIJM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS At all times during the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class C (minimum 48,000 GVWR), and Class D (minimum 52,000 GVWR). Truck with Landoll type trailers acceptable for Class C and Class D towing. 31 In addition, during the term of this Agreement, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub - garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. Contractor shall have a vehicle capable of towing/recovery from off road areas. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, § I305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code § 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. 32 Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code § 27907. 9.4 Tow Truck Lighting Equipment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code § 25110. 9.5 California Highway Patrol Inspection Certification During each year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle in each category required for service under this Agreement providing services to the City has passed a CIIP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re - inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.7 Storage Lot, Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary of the City of National City with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign. Zoning, and Building Codes). There shall also be the following: 33 1. Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. 5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and aggregate mixture. 6. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 7. The storage yard must be a reasonable distance from public transportation. 8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any time by the City's agents. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during nonnal business hours unless the vehicle is under Police Evidence Hold. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide tlood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two (2) 100-Watt high-pressure sodium lights. 34 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination arca must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 9.11 Special Operations During the Contract period, it is anticipated that numerous special police operations may be conducted that require the towing of vehicles. An example of this type of operation is a Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute these special operations between the Contractors. However, many of these operations have special date or period requirements beyond the control of the Police Department. Due to these special requirements, a Contractor may obtain more operations than the other Contractor(s). The Contractors agree to this potentially inequitable distribution of special operations as a CityContractor. 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements All required insurance shall be submitted to the City of National City by September 27, 2011. All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and rated "A-, VI" or better by the A.M. Best Key Rating Guide. All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: 35 i. Commercial General Liability for a minimum of two million dollars each occurrence ($2,000,000.00 EO). The City of National City must be named as an additional insured on the certificate ii. Automobile Liability for a minimum of two million dollars combined single limit ($2,000,000.00 CSL) per person and two million dollars ($2,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. iii. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). iv. On Hook/Cargo in amounts not less than fifty thousand dollars ($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars ($100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars ($2,500.00). v. Workers' Compensation coverage in accordance with the laws of the State of California. Policy must contain a Waiver of Subrogation of Rights against the City of National City. vi. The City does not require a performance bond. 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 the contract. Any aggregate insurance limits must apply solely to this Agreement. 10.2 Primary Insurance The aforementioned 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. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insured's. 10.3 Claims Made vs. Occurrence Form 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. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 10.4 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 36 10.5 Insurance Company 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 of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.6 Insurance Certification Requirement 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 Purchasing Agent at 1243 National City Boulevard, National City, California 91950. If the Contractor does not keep all 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 material breach of this Agreement and may terminate this Agreement as provided herein. 10.7 Insurance Requirement - Renew Option If this Agreement is extended beyond its original tern pursuant to section 3.3, the insurance provisions may be updated at the option of City. 10.8 Limitations of Liabilities and Obligations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.9 Sub -Contractor and Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. Contractor is prohibited from subcontracting the towing or impound services under this Agreement. 11.0 CONSTRUCTION of AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) 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; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and (6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not 37 apply in the interpretation of this Agreement, or any portions hereof, or any attachments, 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 A to Z Enterprises, Inc. dba RoadOne By: By: Ron Morrison, Mayor Dale Wincteer, President APPROVED AS TO FORM: Claudia Silva City Attorney City of National City By: Brad Ramsey, Vice -President 38 ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $ 160.00 • MEDIUM SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000 • LARGE SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 22,000 GVW (UNLOADED). $ 185.00 $ 225.00 • ON -SCENE OR STAND-BY LABOR = EACH 15- MINUTE INCREMENT, BEYOND FIRST HOUR. IS CHARGED ONLY WHEN EXTRA ORDINARY LABOR MUST BE EXPENDED TO RECOVER A VEHICLE. STAND-BY IS CHARGED WIIEN TIIE JOB CANNOT BE STARTED AND MUST BE EXPLAINED ON THE TOW BILL. $ 40.00 • DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A LESS EXPENSIVE, SAFE MANNER OF HANDLING TIIE SITUATION. $ 55.00 • DRY RUN MAY ALSO BE KNOWN AS A "HOOK-UP -- DROP FEE" AND IS CHARGED WHEN THE VEIIICLE IS HOOKED UP AND THE OWNER RETURNS BEFORE 'THE VEHICLE IS IN TRANSIT. $ 50.00 • PER MILE TOWING APPLIES ONLY TO VEIIICLES RECOVERED OUTSIDE THE JURISDICTION OF THE CITY OF NATIONAL CITY. • MAXIMUM STORAGE - PER DAY Per day is defined as a 24-hour period. $ 5.00 $ 40.00 • STORAGE PER HOUR Up to maximum of $15.00 per hour. $ 15.00 • AFTER HOURS VEHICLE RELEASE After 6PM and before 8AM including weekends and all holidays. $ 65.00 39 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000, (22851.12 CVC). $ 70.00 • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). $ 100.00 • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25% basic tow fee CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.00 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 40 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. California Vehicle Code 22500 Et seq. Prohibited Stopping, Standing, or Parking 22500.1 Prohibited Stopping, Standing, or Parking: Fire Lane 22651 (a) Unattended on Bridge 22651 (b) Hazard to flow of traffic 22651 (d) Blocking a driveway 22651 (e) Blocking fire hydrant access 22651 (h) Operator taken into custody - not practical to park or lock 22651 (i) Unpaid parking citations 22651 (j) Illegally parked and no evidence of registration displayed 22651 (k) Parking over 72 hours 22651 (1) Temporary tow away signs for street repair 22651 (m) Highway authorization for other use, with 24-hour notice 22651 (n) No parking tow away signs posted 22651 (o) (1) Expired registration in excess of six months 22651 (p) Unlicensed or suspended/ revoked license in violation of 12500, 14601,14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. 22651 (r) Illegally parked, blocking a legally parked vehicle 22652 Illegally parked in designated handicapped parking space 22653 (c) Removal from private property, at request of property owner, when operator is taken into custody 22655 (a) Hit & Run suspect vehicle 41 22656 Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail 22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC National City Municipal Code 11.32.060 Illegally parked - 72 hour violation - vehicle removal 11.32.070 Illegally parked - Restricted hours - vehicle removal 11.32.160 Illegally parked - Emergency parking - vehicle removal 11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal 42 ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. 22651(p) 22651(h)(2) 14602.6 California Vehicle Code Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days notice) results in maximum fcc for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. 43 AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND MOYNAHAN TOWING FOR TOWING AND IMPOUND SERVICES FOR THE PERIOD OF OCTOBER 1, 2011 TO SEP I'EMBER 30, 2013 TABLE OF CONTENTS Title & Section Page Number "Agreement for Towing and Impound Services" 7 Recitals • 7 1.0 DEFINITION OF TERMS 1.1 Police Tow 8 1.2 Police Referral Tow 8 1.3 On Demand Tow 8 1.4 Secondary Tow 8 1.5 Collision Tow 8 1.6 Response Time 8 1.7 Dispatch Center 8 1.8 Contract Year 8 1.9 Fee Schedule • 9 1.10 Referral Fee... 9 1.11 Negligent Vehicle Impound Release Fee 9 1.12 S.T.O.P.Fee 9 1.13 30 Day Impound Fee 9 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval 9 2.2 Entire Agreement 10 2.3 Administration of Agreement 10 2.4 Cooperation and Consultation .... 10 2.5 Compliance with Applicable Law 11 2.6 Licenses, Permits, Etc 11 2.7 Disputes 11 2.8 Mediation / Arbitration . 11 2 2.9 Legal Fees . 12 2.10 Indemnification and Hold Harmless .. 12 2.11 Business Records (10650 CVC et seg.) 12 2.12 Prohibition Against Use of Privileged Information 13 2.13 Independent Contractor ... 13 2.14 Assignment ......... 13 2.15 Workers' Compensation 13 2.16 Non -Discrimination Provision 14 2.17 Conflict of Interest and Political Reform Act Obligations 14 2.18 Termination of Agreement ... 14 2.19 Charges and Fees 15 2.20 Inspection 15 2.21 Notice of Termination 15 3.0 TERMS of AGREEMENT, OPTIONS, RENEW and RE -OPENERS 3.1 Duration 16 3.2 Relevant Dates ... 16 3.3 Option to Renew 16 3.4 Re -Opener Clause - Referral Fee 17 3.5 Re -Opener Clause - Fee Schedule .. 17 3.6 Re -Opener Clause - 30 Day Impound Fee (S.T.O.P.) 17 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time 17 4.2 Response Time Computation 18 4.3 Response Time - Penalty 18 4.4 Response Time - Penalty Assessment 18 5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation .. 18 3 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License . 19 6.2 Contractor Availability - Response to Service Requests 19 6.3 Contractor Towing Forfeited Vehicles 20 6.4 Contractor Availability - Vehicle Release .20 6.5 Business Office 20 6.6 Business Office Hours 20 6.7 Contractor's Employees 20 6.8 Signs .21 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 22 6.10 Storage of Vehicles; City, Seized 22 6.11 Removal from Private Property 22 6.12 Notice to City - Private Property Impounds 22 6.13 Gratuities (12110 CVC) 23 6.14 Tow Truck Driver - On Scene Duties 23 6.15 Access to Stored Vehicles 23 6.16 Access to Stored Vehicle - Removal of Private Property . 24 6.17 Access to Evidentiary Vehicles 24 6.18 Invoices 24 6.19 Vehicle Impound Control Card (PD form 250) 24 6.20 Proceeds from Lien Sale 25 7.0 FEES 7.1 Fee Schedule 25 7.2 Secondary Tow Fees 26 7.3 City Vehicle Tow Fees 26 7.4 Fees - Police Department Errors and Omissions 26 7.5 Referral Fee 27 4 7.6 Referral Fee - Due Date 27 7.7 Referral Fee - Late Fee ... 27 7.8 Referral Fee - Payments ...27 7.9 Negligent Vehicle Impound Release (NVIR) Fee 28 7.10 NVIR Fee 28 7.11 NVIR Fee - Payment Due Date 28 7.12 NVIR Fee - Payments 28 7.13 NVIR Payment - Late Fee 29 7.14 Serious Traffic Offender Program (STOP) Impound Fee 29 7.15 S.T.O.P. Impound Fees - Due Date 29 7.16 S.T.O.P. Fee - Payment 29 7.17 S.T.O.P. Fee - Late Fee 30 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees 30 7.19 30-Day Impound Fees - Due Date and Payment ............... 30 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release 30 8.2 Exceptions to General Rule 30 8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 31 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 31 8.5 Expert Training - DMV Document Identification 31 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 31 9.2 Minimum Tow Truck Equipment Requirements . 32 9.3 Tow Truck Identification 33 9.4 Tow Truck Lighting Equipment 33 9.5 California Highway Patrol Inspection Certification 33 9.6 Tow Truck Maintenance 33 9.7 Storage Lot, Minimum Requirements 33 9.8 Minimum Lighting Requirements - Storage Lot ... 34 9.9 Vehicle Examination Area 35 9.10 Secure Arca - Evidentiary Vehicles 35 9.11 Special Operations 35 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements .35 10.2 Primary Insurance 36 10.3 Claims Made vs. Occurrence Form 36 10.4 Aggregate Insurance Limits 36 10.5 Insurance Company 37 10.6 Insurance Certification Requirement 37 10.7 Insurance Requirement - Extension Option 37 10.8 Limitations of Liabilities and Obligations 37 10.9 Sub -Contractor Insurance Requirement 37 11.0 CONSTRUCTION of AGREEMENT 37 ATTACHMENT A Towing Fee Schedule 39, 40 ATTACHMENT B NVIR Fee - Applicable CVC & NCMC Sections .. 41, 42 ATTACHMENT C S.T.O.P. Fee - Applicable CVC Sections 43 6 AGREEMENT FOR TOWING AND IMPOUND SERVICES This Agreement for Towing and Impound Services ("Agreement") is made and entered into in the City of National City, State of California, on this First (1st) day of October, in the year 2011, by and between the City of National City, a municipal corporation ("City"), and Moynahan Towing ("Contractor") for towing and impound services. RECITALS Whereas, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the Municipal Code, ordinances and regulations of the City of National City; and Whereas, the City has adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department; and Whereas, on May 19, 2011, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractor responded; and Whereas, the tow committee comprised of City staff evaluated the proposals and prepared a report for Council consideration detailing the evaluation process and explaining the evaluations of the proposals, including whether the proposals met the RFP requirements; and Whereas, on August 16, 2011, the City Council directed staff to return to the City Council with a recommendation of the top two operators based on the overall value to the City; and Whereas, on September 6, 2011, staff presented its recommendation of the top two ranked tow operators, which included Contractor. Staff was directed to return with contracts with the top two ranked operators; and Whereas, Moynahan Towing has a history of accurate, dependable, and reliable service to the City, participated in a competitive process through the RFP, and together with another towing contractor has been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and Whereas, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City and Contractor represents and warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the City of National City and Moynahan Towing mutually agree to the terms and conditions as follows: 7 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of the National City Police Department where the consent of the owner or operator of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department at the request of the vehicle owner, operator, or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or their agent, without police involvement. On - Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service, the matter is considered a "Police Referral Tow". On -Demand Tows are independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request by the National City Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most situations, a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the Contractor's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when there is a need for additional services. 1.7 Dispatch Center is the Police Department's multifunction emergency and non - emergency telephone/radio operators. 1.8 Contract Year is defined as any one year, 365 day period during the term of this Agreement. The first contract year begins on October 1, 2011 and ends on September 30, 2012. 8 The second contract year begins on October I, 2012 and ends on September 30, 2013 . There are two (2) successive years in this Agreement. 1.9 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not Limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set forth in Section 7.0. 1.10 Referral/Franchise Fee is authorized by California Vehicle Code § 12110(b) and is defined as a quarterly fee charged to the Contractor(s) by City in connection with the award of a franchise for towing services for the City. It is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Referral Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this Agreement. The payment of the Referral Fee is set forth in Sections 7.5, 7.6, 7.7, and 7.8. 1.11 Negligent Vehicle Impound Release Fee is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is one hundred twenty-four ($124) dollars. The NVIR fee may be adjusted during the term of the agreement as set forth in Section 7.0 of this Agreement. This fee is collected by Contractor on behalf of City. 1.12 S.T.O.P Fee The Serious Traffic Offender Program ("S.T.O.P.") is authorized by City resolution and under the authority of California Vehicle Code § 22850.5. It focuses on unlicensed drivers and provides for a 30-day impound of vehicles_ The fee is one hundred fifty ($150) dollars. The fee off -sets the administrative costs of the program. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The S.T.O.P. fee may be adjusted during the term of this Agreement as set forth in Section 7.0. 1.13 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a S.T.O.P. vehicle is held for 30 day storage. This fee is not applicable when City releases a vehicle prior to the full 30 day period. Nothing in this section is intended to prevent or preclude the early release of a 30 day hold S.T.O.P. vehicle if extraordinary circumstances warrant. The 30-Day Impound Fee will remain at 15% of the amount collected for storage on released vehicles. 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval This Agreement for towing service shall become effective when the City Council of the City of National City has reviewed and approved the Agreement and it has been fully executed by Contractor. 9 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. 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. 2.3 Administration of Agreement Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator For The City of National City Dr. Adolfo Gonzales, Chief of Police National City Police Department 1200 National City Blvd., National City, CA. 91950 (619)336-4511 2.4 Cooperation The designated City Agreement in order Management and Operations Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4400 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619)336-4420 Contract Administrator For Moynahan Towing Tom Moynahan 3200 National City Boulevard National City, CA 91950 and Consultation employee(s) and Contractor shall regularly consult during the term of this to achieve the objectives of this Agreement. Throughout the term of this 10 Agreement, Contractor shall permit access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City, the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. 2.5 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. 2.6 Licenses, Permits, Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, and as required in the City's Request for Proposal for this Agreement. 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, insurance or approval which is legally required for the Contractor to practice its profession. 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any terns of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. 2.8 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 County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost 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 County, 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 jurisdictionover 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 cost of its own experts, evidence and attorneys' fees, except that the 11 3L arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2.9 Legal Fees If any party brings a suit or action against the other party arising from any alleged 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 from the other party all costs and expenses of suit, including expert and attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys' 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. Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees, agents, and volunteers against and from any and all liability, loss, damage, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from, related to, or arising out of the Contractor's performance of this Agreement. 2.11 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and thedescription of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 12 2.12 Prohibition Against Use of Privileged Information Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent Contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. 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, and 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. 2.14 Assignment 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, as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it shall not subcontract any towing or impound services. Any other type of work that is subcontracted shall require written consent of the City. All agreements by Contractor with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this Agreement. 2.15 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, defend and hold harmless the City and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against the City or its officers, employees, or volunteers, for or 13 -(p 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. 2.16 Non -Discrimination Provision The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Contractor will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. 2.17 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 interest's 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 coining before the City in which the Contractor has a direct or indirect 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. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. 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 section by the Contractor. 2.18 Termination of Agreement This Agreement may 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. Termination for cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. In the event of termination, all finished or unfinished memoranda, reports, 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 14 '5(1 exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's breach, if any. 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 or change in business status of the Contractor. If Contractor is terminated during the period of performance for any of the reasons stated above or is no longer able to perform for any reason, then the City may unilaterally select another tow operator to replace the terminated or no longer performing Contractor. The selection of such other tow operator, and whether to select another tow operator, shall be at the sole discretion of the City. In the event another tow operator is selected by the City per this Section, that other tow operator will be required to comply with the same terms of this Agreement or its amendments, including the accepted and adopted fee rate schedule. 2.19 Charges and Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City shall require no less than an annual inspection of Contractor and its facilities to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during normal business hours but may be conducted without prior, advanced notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a written report to the Contract Administrators and/or City staff. 2.21 Notice of Termination 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 of 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 telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 15 To the CITY: Contract Administrator For The City of National City Dr. Adolfo Gonzales Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (619)336-4511 To the CONTRACTOR: Tom Moynahan Owner of Moynahan Towing 3200 National City Boulevard National City, CA 91950 (619) 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration The duration of this Agreement shall be for two (2) years with options for extension. 3.2 Relevant Dates This Agreement begins at 0001 hours on October 1, 2011, and terminates at 2400 hours on on September 30, 2013. 3.3 Option to Renew The City of National City reserves the option to renew the Agreement up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning on the anniversary of the commencement of service, including any amendments. The renewal is contingent on a mutual agreement between the City and the Contractor, with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the Agreement for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the 16 requested increase. The City will evaluate the requested increase, which the City reserves the right to accept or reject the requested increase. 3.4 Re -Opener Clause - Referral Fee After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of Police and Referral Tows in the preceding twelve-month period and to determine whether the Referral Fee warrants adjustment. The Referral Fees may be adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred by the City to process and administer towing and impound services, which may include, but is not limited to, review of the number of vehicles referred to the Contractor and review of increased costs. If appropriate, City shall consider implementing a per vehicle referral fee to offset costs incurred by the police department in processing and administering towing services. City may also compare and consider referral fees charged by other law enforcement jurisdictions in San Diego County for towing services. 3.5 Re -Opener Clause - Fee Schedule After the first twelve consecutive month period of this Agreement, the Contractor may submit to the Chief of Police a request for an increase to the fee schedule set forth in Attachment A, seeking to adjust the fees consistent with the community standard for police towing in San Diego County. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate continents, recommendations and submit the material for City Council consideration. 3.6 Re -Opener Clause - 30-Day Impound Fee (S.T.O.P.) After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of S.T.O.P. vehicles held for a 30 day period versus the number of S.T.O.P. vehicles not held for the 30 day period, in the preceding twelve month period, and to determine whether an adjustment is warranted for the 30-Day Impound Fee. The percentage 30- day impound fee may be adjusted up or down based upon the data. 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time Response time is defined as the elapsed time between the relaying of the tow service request by the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot of NCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. 17 Due to the limited number of out of City of National City jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Response Time is defined as the elapsed time between the relaying of the tow service request to the Contractor and the arrival of the tow truck on scene. The Contractor is expected to dispatch immediately any available tow truck that will fulfill the tow need on scene upon receipt of a towing request. The Contractor is expected to notify the National City Police Dispatch Center when the response time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow company in rotation. 4.2 Response Time Computation Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.3 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The secondary tow contractor may be notified. 4.4 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar ($500.00) penalty if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement per any single request by the City for towing services. Failure to meet Response Time requirements may result in termination of this Agreement. .5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first day of the month to midnight on the 15th day of the month for one contractor and from 0001 hours on the 15th day of the month to midnight on the last day of the month; for three contractors — from 0001 hours on the first day of the month to midnight on the 10th day of the month for the first contractor, from 0001 hours on the 11th day of the month to midnight on the 20th day of the month for the second contractor, and from 0001 hours on the 21st day of the month to midnight on the last day of the month for the third contractor. 18 The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the Contractor rotation by an impartial means agreeable to contractors involved. Should all Contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chiefs decision will be final. Any Contractor selected as the first in the rotation schedule at the beginning of a contract' year will begin the first day of the contract. It is understood that the number of contractors selected divided into the number of days per month may not result in each contractor having the same number of overall tow days per year. In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code § 6.04 et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances, zoning regulations, land use requirements within the jurisdiction of location. 6.2 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of Agreement, Contractors shall operate a dispatching system. The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the City or the public receiving no answer after six (6) rings or busy signal to their telephone call. Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to the Contractor to ensure they are able to meet the response time requirements of the Contract by whatever means they deem appropriate. 19 (Qa Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for such a system upgrade at this time. 6.3 Contractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited, and constitutes a material breach of this Agreement. In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department for all towing and storage fees. 6.4 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week, including all holidays. 6.5 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.6 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Years Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and Christmas Day. 6.7 Contractor's Employees All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of award, Contractor shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will be assigned to the Agreement. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. 20 The Contractor will notify, within ten (10) days, National City Police Department Traffic Division Sergeant whenever a new employee is hired that is assigned to perform duties under the Agreement or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Contractor shall have all tow truck drivers involved with NCPD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Section 1) above. 3) The Contractor shall ensure selection pools for commercially and non - commercially licensed drivers are maintained separately. The Contractor shall provide proof records of their CSAT programs to NCPD. 4) A driver possessing a non-commercial driver's license who tests positive but subsequently returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. 6.8 Signs In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign‘ shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E). Additionally, Contractor is required by Califomia Vehicle Code § 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. 21 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.10 Storage of Vehicles; City, Seized Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the City may result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the National City Police Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. City shall make payment for services rendered on a monthly basis from month previous. 6.11 Removal from Private Property Pursuant to California Vehicle Codc § 22658(h), a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.12 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code § 22658, Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking possession of the vehicle. Generally, private property impounds are considered On -Demand Tows. 22 6.13 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided to City by Contractor, or benefit provided to Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.14 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition reasonably known to the officer. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in -charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in -charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public - right -of -way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. 6.15 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 23 6.16 Access to Stored Vehicles — Removal of Private Property Pursuant to California Vehicle Code § 22851(b), no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.17 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property & Evidence Unit employee or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.18 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.19 Vehicle Impound Control Card (PD form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed. when a police hold is placed on a towed vehicle. The impounding officer shall obtain a case number and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contractor shall not be liable for uncollected City S.T.O.P. fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER section of the form. 24 6.20 Proceeds from Lien sale In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5, the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Serious Traffic Offender Program (S.T.O.P.) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the S.T.O.P. and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the S.T.O.P. program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council of the City of National City, pursuant to section 3.5 Re - Opener - Fee Schedule, of this Agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action of the Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be .sought and approved at the discretion of the City. This process may be instituted by routine cost of service evaluation by the City or by request of the Contractor. It is understood that there may be a need for rate changes during the term of the Contract. Therefore, during the term of the Contract, should any Contractor make a request for rate changes, the Contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is 25 not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Referral Fee beginning of July 1st of each contract year. 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or urunarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been directed by the City to be towed and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 26 7.5 Referral Fee The total annual Referral Fee due to the City shall be one hundred twenty-two thousand five hundred twenty dollars ($122,520.00), divided equally amongst the tow operators awarded contracts, and paid quarterly. Contractor shall make quarterly Referral Fee payments to City for the right to provide towing and storage service to City. The minimum Referral Fee payment amount per Contractor, when two contractors have been awarded, shall be fifteen thousand three hundred fifteen dollars ($15,315.00) per quarter. The Referral Fee shall be payable for a period of two (2) years subject to adjustments as defined in Section 3.4 - Re -Opener Clause - Referral Fee. The referral fee shall continue in the above described manner in the event of a Contract extension renewal. 7.6 Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15`h) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Quarter End Dates 1" Quarter — January 15, 2012 2"d Quarter — April 15, 2012 3rd Quarter —July 15, 2012 4`1' Quarter — October 15, 2012 Second Contract Year; Quarter End Dates 1 'l Quarter — January 15, 2013 2"d Quarter — April 15, 2013 3rd Quarter —July 15, 2013 4th Quarter — October 15, 2013 7.7 Referral Fee - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.8 Referral Fee - Payments The Referral Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd., National City, CA 91950 27 (o Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Referral Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000- 3558. 7.9 Negligent Vehicle Impound Release (NVIR) Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIR Fee - Collection Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identifiedand itemized. 7.11 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (152) day of the month and the fifteenth (15th) day of the month, (inclusive). 7.12 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049- 3551. 28 7.13 NVIR Fee Payment - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.14 Serious Traffic Offender Program (S.T.O.P.) Impound Fee The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is one hundred fifty ($150) dollars. The S.T.O.P. fee is recognized as a necessary and effective method of generating revenues necessary to off set program costs, services and facilities. Vehicles impounded by City pursuant to the S.T.O.P. program shall be released by City, upon expiration of a 30 day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect S.T.O.P. fees prior to the actual release of the vehicle. Contractor shall remit the collected S.T.O.P. fees to City pursuant to the below listed payment schedule. The S.T.O.P. fees shall be properly identified and itemized. The S.T.O.P. fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of applicable sections.) 7.15 S.T.O.P. Impound Fees - Due Date S.T.O.P. program fees collected by Contractor shall be due and payable to City no later than the fifth (5`h) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5`h) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (151) day of the month and the fifteenth (15th) day of the month, inclusive. 7.16 S.T.O.P. Fee -Payment The S.T.O.P. program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the S.T.O.P. fees consistent with the terms of this agreement. The S.T.O.P. fee of 29 one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: Amount Revenue Account Number $125.00 191-11000-3550 $ 25.00 001-11000-3550 7.17 S.T.O.P. - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.18 S.T.O.P.; 30-Day Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off set police costs associated with the operation of the S.T.O.P. program. This fifteen (15%) percent fee shall not apply to S.T.O.P. vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees - Due Date and Payment Revenue received as a result of section 7.18 shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the S.T.O.P. 30-Day Vehicle Impound shall be deposited into Revenue Account Number 191-110003550. 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: 1. 14602.6 - S.T.O.P. Program 30 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 8.3 Hit & Run Investigation - Mandatory Release 22655(6) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code § 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48 hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48 hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48 hour period, regardless of City hold status. 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City may provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Department of Motor Vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS At all times during the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class C (minimum 48,000 GVWR), and Class D (minimum 52,000 GVWR). Truck with Landoll type trailers acceptable for Class C and Class D towing. 31 1� In addition, during the term of this Agreement, Contractor shall have available one tow rig, commonly known as a Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub - garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. Contractor shall have a vehicle capable of towing/recovery from off road areas. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement_ Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1.305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code § 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. 32 Each tow tnick shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood home pathogens. The decision to use said equipment rests solely with Contractor. 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code § 27907. 9.4 Tow Truck Lighting Equipment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code § 25110. 9.5 California Highway Patrol Inspection Certification During each year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle in each category required for service under this Agreement providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re - inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.7 Storage Lot, Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary of the City of National City with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 33 149 1. Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. 5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and aggregate mixture. 6. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 7. The storage yard must be a reasonable distance from public transportation. 8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any time by the City's agents. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under Police Evidence Hold. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide flood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two (2) 100-Watt high-pressure sodium lights. 34 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 9.11 Special Operations During the Contract period, it is anticipated that numerous special police operations may be conducted that require the towing of vehicles. An example of this type of operation is a Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute these special operations between the Contractors. However, many of these operations have special date or period requirements beyond the control of the Police Department. Due to these special requirements, a Contractor may obtain more operations than the other Contractor(s). The Contractors agree to this potentially inequitable distribution of special operations as a CityContractor. 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements All required insurance shall be submitted to the City of National City by September 27, 2011. All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and rated "A-, VI" or better by the A.M. Best Key Rating Guide. All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: 35 i. Commercial General Liability for a minimum of two million dollars each occurrence ($2,000,000.00 EO). The City of National City must be named as an additional insured on the certificate ii. Automobile Liability for a minimum of two million dollars combined single limit ($2,000,000.00 CSL) per person and two million dollars ($2,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. iii. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). iv. On Hook/Cargo in amounts not less than fifty thousand dollars ($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars ($100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars ($2,500.00). v. Workers' Compensation coverage in accordance with the laws of the State of California. Policy must contain a Waiver of Subrogation of Rights against the City of National City. vi. The City does not require a performance bond. 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 the contract. Any aggregate insurance limits must apply solely to this Agreement. 10.2 Primary Insurance The aforementioned 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. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insured's. 10.3 Claims Made vs. Occurrence Form 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. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 10.4 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 36 10.5 Insurance Company 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 of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.6 Insurance Certification Requirement 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 Purchasing Agent at 1243 National City Boulevard, National City, California 91950. If the Contractor does not keep all 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 material breach of this Agreement and may terminate this Agreement as provided herein. 10.7 Insurance Requirement - Renew Option If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. 10.8 Limitations of Liabilities and Obligations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.9 Sub -Contractor and Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. Contractor is prohibited from subcontracting the towing or impound services under this Agreement. 11.0 CONSTRUCTION of AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) 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; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and (6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not 37 apply in the interpretation of this amendments hereto. IN WITNESS WHEREOF, the year first above written. CITY OF NATIONAL CITY By: Agreement, or any portions hereof, or any attachments, or any parties hereto have executed this Agreement on the date and Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Silva City Attorney City of National City By: MOYNAIIAN TOWING Tom Moynahan, Own 38 ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $ 160.00 • MEDIUM SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000 $ 185.00 • LARGE SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 22,000 GVW (UNLOADED). $ 225.00 • ON -SCENE OR STAND-BY LABOR = EACH 15- MINUTE INCREMENT, BEYOND FIRST HOUR. IS CHARGED ONLY WHEN EXTRA ORDINARY LABOR MUST BE EXPENDED TO RECOVER A VEHICLE. STAND-BY IS CHARGED WHEN THE JOB CANNOT BE STARTED AND MUST BE EXPLAINED ON THE TOW BILL. $ 40.00 • DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A LESS EXPENSIVE, SAFE MANNER OF HANDLING TILE SITUATION. $ 55.00 • DRY RUN MAY ALSO BE KNOWN AS A "HOOK-UP — DROP FEE" AND IS CHARGED WHEN TIE VEHICLE IS HOOKED UP AND THE OWNER RETURNS BEFORE THE VEHICLE IS IN TRANSIT. $ 50.00 • PER MILE TOWING APPLIES ONLY TO VEHICLES RECOVERED OUTSIDE THE JURISDICTION OF THE CITY OF NATIONAL CITY. $ 5.00 • MAXIMUM STORAGE - PER DAY Per day is defined as a 24-hour period. $ 40.00 • STORAGE PER HOUR Up to maximum of $15.00 per hour. $ 15.00 • AFTER HOURS VEHICLE RELEASE After 6PM and before 8AM including weekends and all holidays. $ 65.00 39 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000, (22851.12 CVC). $ 70.00 • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). $ 100.00 • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25% basic tow fee CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.00 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 40 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. California Vehicle Code 22500 Et seq. Prohibited Stopping, Standing, or Parking 22500.1 Prohibited Stopping, Standing, or Parking: Fire Lane 22651 (a) Unattended on Bridge 22651 (b) Hazard to flow of traffic 22651 (d) Blocking a driveway 22651 (e) Blocking fire hydrant access 22651 (h) Operator taken into custody - not practical to park or lock 22651 (i) Unpaid parking citations 22651 (j) Illegally parked and no evidence of registration displayed 22651 (k) Parking over 72 hours 22651 (1) Temporary tow away signs for street repair 22651 (in) Highway authorization for other use, with 24-hour notice 22651 (n) No parking tow away signs posted 22651 (o) (1) Expired registration in excess of six months 22651 (p) Unlicensed or suspended) revoked license in violation of 12500, 14601,14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. 22651 (r) Illegally parked, blocking a legally parked vehicle 22652 Illegally parked in designated handicapped parking space 22653 (c) Removal from private property, at request of property owner, when operator is taken into custody 22655 (a) Hit & Run suspect vehicle 41 22656 Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail 22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC National City Municipal Code 11.32.060 Illegally parked - 72 hour violation - vehicle removal 11.32.070 Illegally parked - Restricted hours - vehicle removal 11.32.160 Illegally parked - Emergency parking - vehicle removal 11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal 42 ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. 22651(p) 22651(h)(2) 14602.6 California Vehicle Code Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days notice) results in maximum fee for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. 43 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 23 'EM TITLE: TEMPORARY USE PERMIT — Sweetwater Hot Rod and Custom Bike Show hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on October 8, 2011 from I Oam to 4pm with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: d Services Division This is a request from the Sweetwater Harley Davidson to conduct the Sweetwater Hot Rod & Custom Bike Show at 3201 Hoover Avenue on October 8, 2011. Set-up for this event begins at 8:30am and the actual event runs from 10am to 4pm. Street closures are requested from 33"d Street and Hoover Avenue to the rail road tracks on the day of the event from 8:30am to 5pm. This is a car show to display multiple vehicles which will exhibit on the street and in the facilities parking lot. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City Departments, plus $200 for Fire inspection fees, $659.22 for Public Works and $542.56 for Police Department. . Total fees: $ 1,638.78 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Fax: Aug 17 2011. 11:21am P001/007 Type of Event: __ Public Concert Parade Motion Picture Event Title Event Location_ _ Fair Demonstration Grand Openin Event Date(s): From Actual Event Hours: Festival Circus ( Other Conmunity'iEvent fha Block Party cgrk LAtt,„), It 4-1' to Total Anticipated Attendance: ___ ( Partici ian(s) pm to `; �f, t acne ( Spectator) Start time: Month'Dayrrear Setup/assembly/construction Date: Please describe the scope of your setup/assembly biy work (specific details)_ P tkp (1-5 vin Dismantle Date; f 4-11 Completion Time: 5-,OD am/, List any stneet(s) requiring closure as a result of this event Include street name(s), day arid; • time of closing and day and time of reopening. z2 l a 1-laYZx -al 1CQ4311 )'a u e,• 61 tAitir X11vem 3'3oatx -4 52ao�,�, 1 Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name) Address:.5,2N j Daytime Phone: (((19) 4-77-4 -77 Evening,Phon Qif9) Son— ei Fax: if77 F4 7O Contact Person on site" day of the event:�trY uvLkt.h Pager/Cellular:il/ f d1-5X9 //S NOTE; THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVEttIT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Fax: Aug 17 2011 11.22am P002/007 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 $ Estimated Gross Receipts including ticket, product and sponsorship sales this event. Estimated Expenses fur this event. What is the projected amount of revenue that the Nonprofit Organization re 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. C' odpia.,l4 DY' ridA itrc c `!J hr a Par .41,,ku 1ST, 41/c kfti ,54ed 4 ) a .�►i1 ft bo 1 _ YES NO If the event involv s the sale of cars, will the cars come exciusi'ely from National City oar Raters? If NO, list any additional dealers involired in th sale: 2 Fax: Aug 17 2011. 11,22am P003/007 _ YES ) 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: (t to`1/ & a krc) V/ rs kit YES k NO Does the event involve a moving route of any kind along streets sidewa!kS or highways? If YES, attach a detailed map of your proposed route indicate he, 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 deta'iited site snap 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 j NOTE: A separate Fire Department permit is required for tents or canopies • i , _ YES x NO Will the event involve the use of the City stage or PA system? i F � In addition to the route map required above, please attach a diagram showing the Overall 1 and set-up locations for the following items > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or rood 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 o)( 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 pu 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 structureq > Vehicles and/or trailers > Other related event components not covered above i y > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of you • event and immediately upon conclusion of the event the area must be returned to a ce.an condition.) Number of trash cans: (Q Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the ev We 6,04 rnn 4-- y ay cal s (4- ply tts Fax: Aug 17 2011 11:23am P004/007 t Please describe your procedures for both Crowd Control and Internal Security: '11'3 11A 14. Ott411"� YES 4NO 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: MESA NO Is this a night event? If YES, please state how the event and surrounding Tea will be illuminated to ensure safety of the participants and spectatots: • Please indicate what arrangement you have made for providing First Aid Staffing and Equip ni rit. lutyt a P-1- )4k1 61---t7—t3trvifc.e Please describe your Accessibility Plan for access at your event by individuals with idisabiiitie• s' t Please provide a detailed description of your PARKING plan: A Y 33kti kill - 7arl/4nt, Please describe your plan for DISABLED PARKING' i j 4 � I't.rr - prit (aces 1 Fax: Aus 17 2011 11.23am P005/007 Please clocribe---.--- event:s, businesses and churches impactOd by the are PAW' NOTE: Neighborhood residents must be notified 72 hours in advance when efrents a 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: I Number of Bands: % fJ % r f i ' / / i2GXAl�1 Type of Music_ y c, _it/ri )(YES _ NO W'rll sound amplification be used? If YES; please indicate: �� Start tirne: ow pm Finish Time � (ta arai Will souncf checks be conducted prior to the event? If YES, please indicate: i YES XNO Start time: am/pm Finish Time amlpm Please describe the sound equipment that will be used for your event: _ YES /j , NO Fireworks, rockets, or other.pyrotechnics? If YES, please describe: YES X. NO Any signs, banners, decorations, special lighting? If YES, please describe I 1i k� Revised 08/10/05 5 Fax: Aug 17 2011 11:24am P006/007 Event: yor Office Use Onfy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Fax; Aug 17 2011 1124am PO07/007 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required t' 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 1 '' Agreement. Certificate of insurancesumust be attached to this permit. 1 i 5'1hJJ4, - 1 Vl�f- [ l Organization Person in Charge of Activity Address 3)DJ fl1 D"i/ Telephone r / 477-_4"77 Date(s) of Use k-/&Y T ii HOLD HARMLESS AGREEMENT As a condition of the' issuance of a temporary use permit to conduct its activies on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Autho*iiyi and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or plroperty damage, or both, or any litigation and other liability, including attorneys fees land the costs of litigation, arising out of or related to the use of public property or; the activity - • i der the permit by the permittee or its agents, employees or co Official Title For Office Use Only Certificate of Insurance Approved Date I: TO:16193364217 0= 7/2011 03:11 PM Page 1 of 1 Continental 711 Airlines Memo To: All Employees From: H.R. DEPT Re: Airline Travel Program / Land Package For a limited time only we are offering to all employees' access to our company vacation, packages at the wholesale rate (you save $3000 per couple). Please review the vacation details Destination: Cancun, Mayan Riviera, Puerto Vallarta or Cabo San Lucas, Hawaii • Duration: 6 clays & 5 nights w/ all meals included for only $ 1 75 pp • Dates: You cl loose your dates_ Packages are open dated ancl valid for 1 full YEAR Included in package: • Resort stay- Choose your 45 star resod • Corporate Meal Plan - All Meals and Drinks (AlcohoVnon-alcohol) included 24 hrs a day • Children stay and eat for free • Unlimited activities including non -motorized water sports FIRST 100 CALLERS RECEIVE 5 Days 4 Nights BONUS TO JAMAICA Booking and Reservations at (888) 680 - 5749 Reservation Code CAPT747 For fax number removal, please call 1-888-393-1379. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Sweetwater Harley Davidson EVENT: Sweetwater Hot Rod and Custom Bike Show DATE OF EVENT: October 8, 2011 TIME OF EVENT: 1 Oam to 4pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The proposed street closure shall have at least a ten (10') foot clearance from the outside face of each track. The applicant must coordinate with City PW, NCPD and NCFD for traffic control. All amplification equipment should be directed away from residential areas. RISK MANAGER (619) 336-4370 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. All else looks fine. PUBLIC WORKS (619)366-4580 Street Division: • Staff will deliver barricades to street corners and install these barricades and remove them at the conclusion of the event. • Staff will post "no parking" signs in affected streets before the event. • The cost to provide street personnel is estimated to be: 1. "No parking" signs 20 x $0.45 2. Equipment 10 x $19.09 3. Barricades 12 x $0.35 4. Regular Hours 2 x $32.57 5. Overtime Hours 8 x $48.86 6. Total Parks Division: No involvement. Facilities Division: No involvement by custodial or trade personnel. $ 9.00 $190.00 $ 4.20 $ 65.14 $390.88 $659.22 Fees Unless waived by the City Council, the applicant shall pay $659.22 for costs associated with this permit. (Acct #001-422-221-102) FINANCE Any outside vendors must be licensed. Anyone handling food must have food handler cards from health department FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the park 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 arc 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 firc extinguisher at bad arca. 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 an extinguisher shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example 6) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 7) If 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 he 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. Please see Fire Department for direction. 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: 0-400sf- $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) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 9) First Aid will need to be provided by organization 10) An after hour inspection fee will be required for this event Please call if you have questions POLICE I have reviewed the Temporary Use Permit (TUP) for the Sweetwater Harley Davidson Hot Rod and Custom Bike Show. The event is scheduled to take place on October 8, 2011. Per the TUP, the event will take place on both the premises of Sweetwater Harley Davidson, located 3201 Hoover Avenue and on the street in the 3290 block of hoover Avenue. The organizers arc requesting the closure of Hoover Avenue from the railroad tracks, southward to the 3300 block. The event takes place during daytime hours, 1000-1600 hours. Set up will begin at 0830 and dismantled by 1700 hours. The organizers estimate approximately 200 participants. They list that this is a family event and no outside private security will be used. No alcohol will be served and it appears as most facilities such as restrooms, handicapped parking, etc., will be in the Sweetwater Harley Davidson facility. The concern with this event is the closure of Hoover Avenue. The Police Department generally disapproves of the closure of public streets. Public street closures not only cause traffic related issues, but they also are inherently dangerous as the potential for a vehicle failing to stop could seriously injure many pedestrians. Road closures must be clearly marked and highly visible to all approaching traffic. They must be posted with early warning signs, such as "Road Closed Ahead", "Detour Ahead", etc., to provide much needed advanced warning to approaching motorists. National City Public Works personnel will have to provide enough signs, barricades and cones to make the road closure highly visible. They must also erect highly visible, early waming signs and barricades at the intersections of S/B Hoover Avenue at 30`h Street and W/B 33rd Street at National City Blvd. For safety concerns, marked police vehicles should be posted at each end of the street closure as a significantly stronger barrier than just cones and barricades. For the safety of the event participants, I believe it is prudent to require two NCPD officers be present during the event. With one officer and vehicle posted at each end of the street closure. This can also be completed by Parking Regulations Officers (PRO) or Abandoned Vehicle Abatement (AVA) Officers at a reduced cost if they are available. 1'hc associated costs for each are below. I will check on the availability of Reserve officers for the event, however they are volunteers and may not be available on this date. The Patrol squads will be alerted to extra patrol the arca on the day of the event. Based upon my review of the TUP, two officers will be required at the event for public safety. The overtime costs for two police officers is as follows: OT Rate = $58.38 + OT workers comp/medicare benefits 11.18% = $64.91/hour 2 officers at 8 hours each = 16 hours Total cost = $1038.56 The overtime costs for two PRO or AVA officers is as follows: O1' Rate = $30.50 + OT workers comp/medicare benefits 11.18% = $33.91/hour 2 PRO/AVA officers at 8 hours each = 16 hours Total cost = $542.56 If the event organizers have to ability to obtain trained personnel who can safely and effectively perform as traffic control safety personnel at each end of the road closure, the Police Department is willing to re-evaluate the use of police officers for this event. At a minimum, these personnel must be properly trained, they must be highly visible outfitted in bright, reflective clothing (safety vests) with hand held traffic control signs or traffic control wands, and be only responsible for the traffic control/safety while on post. The event organizers will be responsible for the traffic safety and they must properly supervise the traffic control safety personnel. -Dan Fabinski, Sergeant 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: September 27, 2011 AGENDA ITEM NO. 24 EM TITLE: TEMPORARY USE PERMIT —Sweetwater High School's Homecoming Football Game Halftime Show on October 28, 2011 from 5:00pm to l Opm at Sweetwater High School. This is a City co -sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rolon DEPARTMENT: Neig • .or Lam• ervices Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from Sweetwater High School to conduct their yearly Homecoming Fool Game Halftime Show on October 28, 2011. The football game will take place at the upper field. During halftime, pyrotechnics will be set off in the lower field. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,000.00. This is a recurring annual event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City departments, plus $1,104.00 for the Fire Department inspection and "Fireworks" permits and $3,914.18 for Police Department. . Total fees are $5,255.18 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 with a fee credit in the amount of $1000.00. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lication for a Temporary Use Permit with recommended approvals and conditions of approval. Fair Type of Event: Public Concert _ Parade _ Demonstration _ Circus _ Motion Picture _ Grand Opening X Other mini HQMECONFING Festival _ Community Event Block Party Event Title: SWEETWATER HOMECOMING 2011 Event Location: 2900 HIGHLAND AVE., NC CA 91950 (LOWER FIELD) Month/Day/Year Actual Event Hours: sires am/pm to 1oP9i am/pm Setup/assembly/construction Date: es ocr 11 Start time: 4PM Please describe the scope of your setup/assembly work (specific details): PYRO WILL SET DP PRIOR TO EVENT ON THE LOWER FIELD. Event Date(s): From Ps ocr it to es ocr it Total Anticipated Attendance: 1000 (300 Participants) (700 Spectators) Dismantle Date: es ocr it Completion Time: lOPM 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: SWEETWATER HIGH SCHOOL Chief Officer of Organization (Name) DR. RoffiAN DEL ROSARIO Applicant (Name): SWEETWATER HIGH SCHOOL (ASB) Address: 2900 HIGHLAND AVENUE. NATIONAL CITY CA 91950 For Profit x Not -for -Profit Daytime Phone: (619) 250-5904 Evening Phone: (619)250-5904 Fax: (619) 342-1645 Contact Person "on site' day of the event: SA/A Go*7AT.P S (sr�r • °`Sr°Ar Pager/ C Iular: 619-250.5904 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? x YES — NO Are admission, entry, vendor or participant fees required? x YES A NO If YES, please explain the purpose and provide amount(s): $ s.00 FEE TO ATTEND FOOTBALL GAINS. $ 5000.00 Estimated Gross Receipts including ticket, product and sponsorship sates from this event. $ 3s00.00 Estimated Expenses for this event. $ isoo.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. FOOTBALL GAME TO TAKE PLACE AT UPPER FIELD. DURING IIALFTIME PYROTECHNICS WILL BE SET OFF. 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 N/N' N/NciVN7N/ N/ _ YES S 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 CONCESSIONS YES X NO YES NO YES X NO YES XNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout 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: so Trash containers with lids: 8 BINS Describe your plan for clean-up and removal of waste and garbage during and after the event: CUSTODIAL STAFF WILL CLEAN UP AFTER. THE EVEN1 3 Please describe your procedures for both Crowd Control and Internal Security: SCHOOL STAFF WILL BE USED 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: S YES Y 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: SCHOOL LIGHTING AS WELL AS MOBILE LIGHT CART Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. CPR CERTIFIED STAFF AND EMT SERVICES AVAILABLE Please describe your Accessibility Plan for access at your event by individuals with disabilities: STANDS HAVE BEEN MADE ADA COMPLIANT AS WELL AS NUMEROUS AUTHORIZED PARKING Please provide a detailed description of your PARKING plan: ONSITE PARSING HAS BEEN MADE AVAILABLE Please describe your plan for DISABLED PARKING: PROPERLY LABLED HANDICAP PARKING HAS BEEN RESERVED. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: THE SCHOOL WILL BE DISPLAYING TILE EVENT ON THE FRON SIGNAGE 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: o Number of Bands: 1 Type of Music: HIGH SCHooL MARCHING BAND S YES _._ NO Will sound amplification be used? If YES, please indicate: Start time: 7PM am/pm Finish Time loPM am/pm x YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 5PM am/'pm Finish Time ioPM am/pm Please describe the sound equipment that will be used for your event: SCHOOL GENERAL PIA SYSTEM %YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: GENERAL PYROTECHNIC DISPLAY IS PLANNED YES % NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 For Office 'Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department amity of National C� 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 SWEETWATER HIGH SCHOOL Person in Charge of Activity DR. ROWAN DEL ROSARIO Address 2900 HIGHLAND AVENUE, NATIONAL CITY, CA 91950 Telephone 619.250.5904 Date(s) of Use 28 ocroBER 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 or the the costs of litigation, arising out of or related to the use of public property activity taken under the permit by the permittee or its agents, employees or contractors. Signat ' pphcant PRINCIPAL Official Title 22 AUGUST 2011 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 SWEETWATER H.S. Type of Organization HIGH SCHOOL- PUBLIC EDUCATION (Service Club, church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? X 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. X No (Please proceed to Question 5) 8 5. Will the pros' ;ds provide a direct financial: nefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. X 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? X Yes (Please provide an explanation and details. FUNDS GENERATED WILL GO DIRECTLY TO THE A.S.B. OF SUHi 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) 22 AUG 2011 Signature J Date 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Sweetwater High School EVENT: Sweetwater Homecoming 2011 DATE OF EVENT: October 28, 2011 TIME OF EVENT: 5pm to lopm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Nearby residents should be notified of the event and use of fireworks. RISK MANAGER (619) 336-4370 Reviewed the application for Sweetwater High School Homecoming and all looks line. They have signed their hold harmless and indemnity agreements. The District is self -insured and likely in one of the various school insurance pools. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event FIRE (619) 336-4550 Stipulations required by the Fire Department for this cvent arc 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. Total permit fee for this event is ($1,104.00) one thousand one hundred and four 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) Fire safety inspection is to be conducted by the Fire Department of the designated fireworks display area prior to display being conducted. 4) Occupancy load to be maintained at all times in all grandstand and bleacher seating areas etc. Means of egress such as isle ways and stairs 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. 5) Aisles located within an accessible route of travel shall also comply with the Building Code requirements for accessibility. 6) Fire Department access into and through football field and surrounding areas are to be maintained at all times. 7) Access to Sweetwater High School to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 8) Fire Hydrants shall not be blocked or obstructed. 9) Site map indicating access points, booth layout, fireworks display area and fireworks fallout area is required. 10) Guest and participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). Vehicles on and around the field are to pull immediately to the right upon approach of emergency vehicle(s). 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. Inspection to include fireworks area, cooking area, grandstands, etc. 12) Minimum $602.00 after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. 13) Total for event shall be $1,104.00 If you have any questions please feel free to contact me. POLICE Under the "Security" section of the TUP the organizer requested SRO's to work the event. We currently do not have a contract with the high school for funding SRO's and only have one in-service SRO currently servicing the Elementary School District_ Covering this event with officers already deployed the night of the event is not an option due to the large scale of this planned event and the large amount of calls for service generally anticipated on Friday nights. Therefore, the Police Department would have to deploy officers on an overtime basis supplemented by Reserve Officers and Explorers if they are available. Additionally, it is suggested that the high school retain the services of the Parking Enforcement Officers (PEO) to monitor parking activities that have been an issue in similar past events. PEO's have to be coordinated with the Neighborhood Services Division at City Hall, for they are no longer a part of the Police Department. Based on talking with the organizer of the event and staff at the Police Department it has been determined that the personnel needed for the event is as follows: (1) Sergeant (1600 hours to 2400 hours) (6) Officers (1600 hours to 2400 hours) (1) Dispatcher (1700 to 2300 hours) (5-6) Reserve Police Officers (if available) (1600 hours to 2400 hours) (5-10) Explorers (if available) (1600 hours to 2400 hours) A cost analysis is attached for the overtime costs for the needed sergeant and officers. 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 POLICE DEPARTMENT EVENT COST ESTIMATE EVENT: Sweetwater HS Homecoming DATE: October 28, 2011 POLICE DEPARTMENT OVERTIME COSTS A. 1 Sergeant(s) at cost of $76.90 per hour 8 Total hours (A) $615.20 B. 6 Officer(s) at cost of $61.81 per hour 48 Total hours (B) $2,966.88 C. 1 Dispatcher $55.35 per hour 6 Total hours (C) $332.10 D. Reserve Police Officers N/A N/A 8 Total hours (D) $0.00 E. Explorers N/A N/A 8 Total hours (E) $0.00 MISCELLANEOUS SUPPLIES N/A TOTAL COST $3,914.18 TOTAL COST $0.00 GRAND TOTAL $3,914.18 REPORT PREPARED BY: DATE: REPORT APPROVED BY: DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO.45 EM TITLE: TEMPORARY USE PERMIT — Fall Festival hosted by the South Bay Community Church at 2400 Euclid Avenue on October 31, 2011 from 5pm to 9pm with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: ''(619) 336-4364 EXPLANATION: DEPARTMENT: Nei• • .or oo., Services Division APPROVED BY: This is a request from the South Bay Community Church to conduct a Fall Festival at 2400 Euclid Avenue on October 31, 2011 from 5pm to 9pm. This festival consists of carnival -style game booths, concession stands and a main stage on the parking lot area. There will be inflatable jumpers with obstacle course, jousting arena and a giant slide. There will be music and other performances and other announcements. Food will be served from their kitchen facilities. The purpose of this event is to offer a safe and fun environment for families as an alternative to "trick -or -treating" our on the streets. Anplicant will have a security team in place equipped with radio and they will be visibly identified with "Sccurity" rts. One off -duty police officer will be on site. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP and $200.00 for the Fire inspection fees. Total Fees are $437.00 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: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration Grand Opening rci// F /i ✓Al `Festival Circus Other _ Community Event Block Party Event Location: c,ot.911,, oay Ceinmurr, JantreA Event Date(s): From /�/ 31 �/� to 3lrtl Total Anticipated Attendance: Month/Day/Year ( 50 Participants) ( S/x-, Spectators) Actual Event Hours: 57pc) am(to 00 am/a Setup/assembly/construction Date: t//// Start time: Please describe the scope of your setup/assembly work (specific details): [/ar',cUS 6crxnz, beef!) Set- 'Fa bl-es, chc.frr Lae and decor Dismantle Date: "/31 /it Completion Time: ) I : 00 am/1 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: SDu Ea / Ci "lmc'n I Church Chief Officer of Organization (Name) 13ci ve-Jons Applicant (Name): VI / Ke ?VC- q For Profit ►Not -for -Profit Address: 24ot7 E1AC.l1'd Ate`7G7- Daytime Phone: ((Oil 267" 56C0 Evening Phone: ( ) Fax: ( ) Mr Ke Carcfr� Contact Person "on site" day of the event: Pager/Cellular6/0 967- 9/3 9 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): M1 IV ✓YES NO YES ✓ NO $ /'illy 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. Fall rival Crr/Isis& o{ Cart! ✓a/ ci'y)e glint boo- concessi br) thdy and a main,shior en ow- re`'j /ol af-eo. We nil It halve. I`n�laittbl� 3ahes which will Pe ahoy, an ohskgc1.6 caurTijous-lrn9 ar-ena and cjiah slr'de_ Ally* wiil ke vnusio acid other, per ma 'ices, avpi0U1 me i-s laid of fhe ori`S/ G Q'-A. _ purpase bi Itie, e rri- is 7U o%%r a S'G 4 and 72th �Bl v)vwr iJ- .{r�r ey ,fam, Iles rr1 ch rrh and SUrrou c161 f o&yywyntin ifre3 u c an allei-na17'04, 4, fivicie _Or —ire„'6,1j a� ,r Pne s4-ree is YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES ✓NO YES NO YES -/NO Can cess; o Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: 42)0 Le taevnS 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 tZNO 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 VNO 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 n Please describe how food will be served at the event: `t f �rY' Ce- t<i 1-eher -F�ef h hes 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 Y 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: 3-10 Trash containers with lids: 6 Describe your plan for clean-up and removal of waste and garbage during and after the event: aeon up Crews a,ne rcheckded ` VLru(pJe.Lt eu�.m`. j s.je Cio s�f cl�ek� ( MCI On o%r IC0-4-n will de A'ngl Cl-ears up 4 4r- ij ,-everrl- 3 Please describe your procedures for both Crowd Control and Internal Security: hQ l'f?--• a secuay Jc4m egUrp d w/rrtclios « iris; bly ,doili4ed co,W1 �'SECaf2rri/"Shims fan dufy Pdhce) tfi2 er will he 0n silk . 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: oar FtrL n j lo% /i jh k will ix en. Please indicate what arrangement yyouy have made for pro ding First Aid Staffing and Equipment. i=r"rd aid toi'll he ava, Idbrie ovr rrl rm ,�rr 6,1watheoaour SY n`J -karn err i ea1 /r1 Iruciref V-O hand le any rn nor Please describe your Accessibiljty Plan for access at your event by individuals with disabilities: tuc hate harldl'eap/,� I rV r� s1/a/(s arld rnr by, y}I/-e+ertf-s will be 471 grcrriiid lei- el. Please provide a detailed description of your PARKING plan: tve p9rC-140 or Our /p.i- a)'tdl off s`lnel part61-0 reeQs'e, Please describe your plan for DISABLED PARKING: we hot t°learfy f r l sic-e-s -fior dr'sq(,ieel fOr -fil j 4 Please describe your plans to notify all residents, businesses and churches impacted by the event:r e 3vworhco l -t i\-Pry 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: (:(m..i MPoiiZitf0/ c/{7e/571i/in' 1/ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: J. �O am/ Finish Time 6: DU am/ r{ v YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: �do am/ r Finish Time //. f,5 am0rr Pleaseeadescribe the sound equipment that will be used for your event: (761/7//4/1/PZ/lip S,P Kc.�S. YES ✓NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Snicr Stay& (t`j1,1/)19 Revised 08/10/05 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�]a Person in Charge of Activity Address Telephone 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 Applicarit 1JV 7 (700PD 1/VA 7/7,re e/761/7 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? 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. .0u Cdrnrnvn� Name of the sponsoring organization y ChacrCh 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) 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) 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: October 31, 2011 TIME OF EVENT: 5pm to 9pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 All amplification equipment should be directed away from residential areas. RISK MANAGER (619) 336-4370 No issues noted PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event FINANCE Any outside vendors must be licensed... Anyone handling food must have food handler cards from health department FIRE (619) 336-4550 1) Access to the area to be maintained at all times. 2) Fire Department access into and through the 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) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) Fire hydrants and fire department connections shall not be blocked or obstructed at any time. 6) Exit to be maintained in an obstructed manner at all times. Exit way to be clear of all obstructions. 7) Exits to be posted - EXIT. 8) No open flames or smoking inside or adjacent to INFLATIBLE ZONE. Signs to be posted - NO SMOKING. 9) Extinguishers to be mounted at Inflatible Zone, and shall be in a visible location between 3'/2` to 5' liom the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. An extinguisher shall aso be placed at the stage. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example. 10) Internal combustion power sources that may be used for inflatable rides 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. 11) 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 from the ride. 12 ) Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from Inflatible Zone are. 13) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 14) 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 he permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame spread 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 - S300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 -- (+) sf - $400.00 15) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 20 feet of amusement rides or devices 16) All cooking booths or areas to have one 2A:10BC. 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. 17) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 19) First Aid will be provided by organization 20) Fees can only be waived by City Council. **Note: Organizer shall contact the National City Fire Department for cost associated with tents which may be used for this event If you have any questions please feel free to contact me. POLICE I have reviewed the Temporary Use Permit (TUP) for the South Bay Community Church Festival. The event is scheduled to take place on Halloween, October 31, 2011, as a safe alternative to door to door trick or treating. Per the TUP, the event will take place entirely on the premises of the South Bay Community Church, 2400 Euclid Avenue. The event takes place in the evening hours, 1700-2100 hours. The organizers estimate approximately 50 participants and 500 spectators. I assume they mean by this, that 50 volunteers will be working the event with 500 people attending. There is no private security for the event, however, the organizers state they will have individuals with radios acting as a security element. The event does not block any city streets and should have a minimal impact on traffic flow. The Patrol squads will be alerted to extra patrol the area on the day of the event. Based upon my review of the TUP, no NCPD personnel will be required at the event. There are no NCPD stipulations regarding the event. -Dan Fabinski, Sergeant 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: September 27, 2011 AGENDA ITEM NO. 26 EM TITLE: Request to use Martin Luther King Jr. Community Center (North Room) by National City Chamber of Commerce for the "Salute to Navy" luncheon on Wednesday, October 5, 2011, from 9:00 am to 3:00 pm. This event is co -sponsored by the City. PREPARED BY: Joe Smith DEPARTMENT: P blic Works PHONE: 336-4587 APPROVED BY: %.- CrL EXPLANATION: The Chamber of Commerce is requesting use of Martin Luther King Jr. Community Center (North Room) for the annual "Salute to Navy" luncheon on Wednesday, October 5, 2011. The Chamber estimates approximately 350 attendees with 75% from National City. Fees: Refundable Deposits: Facility Use Fee $ 50.00 Cleaning: $100.00 Hall Fee $ 527.70 Kitchen: $ 60.00 Custodial $ 308.00 Chairs/Tables $ 297.50 Total $1,183.20 This is an event that is co -sponsored by the City of National City and as such qualifies for City )port of $1,000.00 per day per Council Policy 804.. FINANCIAL STATEMENT: ACCOUNT NO. n/a APPROVED: APPROVED: Finance MIS Approval of the request to use the Martin Luther King Jr. Community Center (North Room) will result in fees in the amount of $118.20 after City support waiver plus a refundable deposit of $160.00. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Facility Use Application with City support of $1,000.00 per day. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: :ility Use Application _ _.tificate of Liability Insurance (Effective Dates: 9/22/11 to 9/22/12) 44 AL, kti 4. 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A-SA.A0 410.1 ofthe tgtLulf"i"if.d.gPfg4YVSPPIAVitfAMAIIjt actiyitjcs the robittifai iittet#060gade4 odernti't 14Pairlifil,44wW*111**111%Nnit 4045t70.4ditt tden,4101011IftWfiabit Mike ror.ohoratot tiats 4W% -or wairilivaiRm *WA' -pylifigaike.. -4*.83,:awf fiOgibz inataytteotamoimt of 144644ittotout otOotal to:figia0-.000 Pokniswil*TolftvitytimmtkvA*Rsadt tylikpmilmt cnpoyccs or althierkft, OzacittOgefllsgrom km &fay"; Sikturity out*** fgrmiyilrit4re4nd internal seeui*z t •4 VA LitiO vAss-a, 1-4,yeTip hired anylitigiessiontd Recurityownteation to handle *sgaejOi • _gatilra, Ogrs1 :ftirlotThltpur, artio); MEV Motiltatilfg A.1001101 CO:fisumption P-kawffoo0elpgrprArto Orropjtbring **A onwmptipm - • - - - _ _ . argotzatraitio- . fiostatomoitatioitotioltiiftsomilsol mor;03.# g140* AY-0*ga* 9.14514%. Ottlw A cotga0 4Wiii16.644-6rtfot YES 1T, mit.ft.frigi --" troy&lettaw Qua% to 406 _ selist S*7 jr*1 $ppstoViiktql$01 Mist p - - - 10 10 10 10 10 10 KITCHEN 10, 10 10 10 10 10 •10 10 10 10 10 10 10 10 COLOR GUARD 10 10 10 10 10 10 10 10 10 10 10 10 10 10 MAIN REGISTRATION 10 10 10 10 H E A 0 T A B L E H E A 0 T A B L E STAGE/AV SET UP r`1 UP' IV: I b .4COR0` CERTIFICATE OF LIABILITY INSURANCE DATE LMMIODPITYY) 09/06/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is en ADDITfONAL INSURED, the policy(les) 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 Neu of such endorsement(s). PRODUCER Naterldge Insurance Services 10717 Sorrento Valley Rd. San Dlego, CA 92121 Q.B. Guy Insurance Agency,lnc. INSURED National City Chamber of Commerce; Mile of Cars Assoc. 901 National City Boulevard National City, CA 91950 858452-2200 wefel 858.452-6004 .. PHONE nDDREss: RE N. NCCHAMI INSURER/ST AFFORDING COVERAGE INSURER A:ASsurance Company Of America INSURERS : FAX Not: RAC 19305 INSURER C INSURER D : INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POUCIES OF INSURANCE USTED 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSA cTR TYPE OF INSURANCE WRR SVWI POLICY NUMBER POLICY EFf INMIOD?YYYY) (MIN DDY/YYYyl UNITS A GENERAL LIABILITY COMMERCIAL GENERAL IIan n'y X PAS38912516 - 09f22l11 09/22/12 , . EACH OCCURRENCE i 2,000,000 X PREMISES I I 2,000,000 ICIAIMS-MADE a OCCUR 1.1FD o:P (My one person' $ 10,000 PERSONAL I ADV INJURY $ 2,000,000 GENERAL AGGREGATE II 4,000,000 GER .AGGREGATE UMIM APPLIES PER PRODUCTS - COMPIOP AOG S 4,000,000 (1 POLICY n Jig- n LOC i AUTOMOBILE — LIABILITY ANYAU D ALL OWNED AUTOS 8tSiEDULEQAlTT05 AUTOS NON.0W EDAUTos PAS38912516 09/22111 09/22/12 COIF SINGLE LIMIT (Ea occident) $ 1,000,000 BODILY INJURY (Per person) : i BODILY INJURY(Per ecddent). i PROPERTY DAMAGE (Pet scctdwll) S X XHIRED X a II UMBRELLA DAB EXCESS LIAR I I OCCUR CLAIMS -MADE EACH OCCURRENCE , $ AGGREGATE $ DEDUCTIBLE RETENTION II i $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYFR ANYPROPRETORIPARTNER/EXECUTIVE YNN N NA . 1 WCSTA1U- WAY LIMITS I 1 T EL EACHACCEIENT i OFFICER/MEMBER EXCWDEOT yyea, iea,In under)EL pESCRIPnON OF OPERATIONS DISEASE - EA EMPLOYEE i bolbw EL DISEASE- POLICY LIMIT i IESCRIPTion OF OPERATIONS 1 LOCATIONS (VESICLES ACORD 161, Additional Remarks Schedule 11 more ce Is rsurodCtTY )GENAORSTBC}�ESAPARL 'GENTS AND CONTRACTORS, THEIR E PET BOARDS, NIAY EMPLOYEES, NAMED 'IMMOTO RAL INSUREDATTACHED oW09. ED:: NAMED UD'S SIGNS LOCATED ED IGENERAL LIABILITY LIMITS OF NATIONAL CITY ;ERTIFICATE HOLDER NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCT PROVISIONS. AUTHORIZED REPRESENTATIVE %CORD 26 (2009109) 1988-2009 ACORD CORPORATION. A0 rights reserved. The ACORD name and logo are registered marks of ACORD National City Chamber of t.i.Lerce POLICY NUMBER: pAs38912516 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 } THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Aa Required by Written -Contract, Agreement or Permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations, Section II .. Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown In the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization, 2. This insurance does not apply tg: a. "Bodily injury.", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 20 12 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 1 0 NOTEPAD mamma wue: National City Chamber of *"NAMED INSURED SCHEDULE READS AS FOLLOWS: NATIONAL CITY CHAMBER OF COMMERCE MILE OF CARS ASSOCIATION NCCHAMI PAGE 2 OP ID; TB DATE 09b6111 "-"'1 OP ID: TB Ate...--. RL CERTIFICATE OF LIABILITY INSURANCE DATE 08�YT THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the pofcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may raqulre an endorsement: A statement on this certificate does not confer rights to the certificate holder In !feu of such endorsement(s). IFIODUCER Vateridge insurance Services 0717 Sorrento Valley Rd. ;an Diego, CA 92121 LB. Guy Insurance Agency,Inc. 858-452-2200 858-452 8004 CONTACT "NANt� • FAX uc.►le-Exu- WO, NM: PRODUCER CUsroMER ID e: NCCHAM1 INSURERS] AFFORDY1G COVERAGE NAIC t WAKED National City Chamber of Commerce; Mile of Care Assoc. 901 National City Boulevard National City, CA 91950SURER mum* ;Assurance Company of America ;19305 INSURER e: INSURER C: D INSURER E: INSURER P: . :OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON 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 POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR `TR TYPE OF MEURANCE Wye R ylyo POLICY KRUM POLliF77 EFF GIMMIIYTYYL POLICY EXP 1MMIDDENTY1 LIMITS a. GHCERM. LIAaJJTY COMMERCIAL GENERALLIABILITY I OCCUR X X PAS38912516 09/22M1 09/22/12 " EACH CXXXIRRFNCE $ 2,000,000 X FDRAresErIEBRENTEL,4 $ 2,000,000 l CLAIMS -MADE I X , MEO EXP (Any are Person ' $ 10,000 PERSONA. & ADV RIURY $ 2,00(1,000 GENERAL AGGREGATE I $ 4,000,000 GEM AGGREGATE MG -APPLES PER: PRODUCTS- COIIPmP AGO $ 4,000,000 il FOUCYT1 1C�7 ,I .i LELOC $ k AUTOMO9ILE LIAaRnY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS BRED AUTOS NON -OWNED AUTos -PAS38912516 09I22/11 09/22f12 . COMBINED SINGLE LIMIT $ 1,000,0( BODILY INJURY (Pet person) $ BODILY INJURT{Peracdde,i) $ — PROPERTY DAMAGE (Per accident) _ X X $ - $ UNeRELLAUAD EXCESS LIAO OCCUR CLAIMS -MADE EACH OCCURRENCE $ — AGGREGATE $ — DEDUCTIBLE RETENTION $ $ $ WORKERS AND ANY COMPENSATION EMPLOYERS' LIADIUTT YIN N I A . ' 1 WC TORT LIMITS } IFR EL EAOIIACCIDENT $ PROPRIETOR/PARTNER/I:MCA/ NE OFFICERIMBASER EXCUJOED7 r yasfteMdry le NH) DESORN'TION OF OPERATIONS E.L DISEASE -EA EMPLOYEE $ below E.L DISEASE - POLICY mar $ ESCWPTION OF OPERATIONS I LOCATIONS I VEHRYE$ (Math EE ATTACHED NOTEPAD FOR ADDIT OVAL CHEDULEP RE: NAMED INSURED'S USAGE ALIFORNIA; CONTRACT 9N624T308RP00015 ACORD 101, AddUland Re ue,ke Schedule U maa Is required) INFORMATION AND FULL NAMED INSURED OF FACILITIES AT NAVAL BASE SAN DIEGO, ERTIFfCATE HOLDER CANCELLATION DEPTOO DEPARTMENT OF THE NAVY SOUTHWEST DIVISION NAVFAC ENGINEERING COMMAND 1220 PACIFIC HIGHWAY ISAN DIEGO. CA 02132 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEO REPRESENTATIVE - CORD 25 (2009/09) 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INsuRws wow National Clty Chamber of NCCHAMI PAGE 2 OP ID: TB DATE 09/06/11 "*NAMED INSURED SCHEDULE READS AS FOLLOWS: NATIONAL CITY CHAMBER OF COMMERCE MILE OF CARS ASSOCIATION NOTEPAD: HOWFRMOE DEPT00_ NSURED'S NAME National City Chamber of NCCHAMI OP ID: TB PAGE 3 bATE 09/06/11 LICE111 AuD SUB A NO ran T IIS POAtiC O ESOFARED TMEERICA DEPAR NTTOj E N i ADDED A�Sp�� DFIRM UNITED �F A NSIn lyit F lYc SE BOF �MpADEEU�pD Tt1t.POUCT 5 �MNDIN OFFIC �sJUSTED ITION T OF LN ABLEED "n IF ANY RED1 A77 EMPRO EEDS A NGINEER NG RITT N NO TH & FF O AitNG ANYFORNIA, F THE N�ITED STATEDOION F THE OF�� • RED EHAU. BE P AY4BLE O THE THE UttER "NAMED INSURED CITTYY CHSCHEDULE MHBER OF COMMERCE; AS FOLLOWS: MILE OF CARS ASSOCIATION National City Chamber - of t.o emm rce POLICY NUMBER: PA3389125I6 COMMERCIAL GENERAL LIABILITY CG20120509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As Required by Written'.Contract, Agreement or Permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section U — Who is. An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdMslon shown In the Schedule, subject to the following provisions: 1. Thls Insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or polfticai subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. "Bodily Injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or Municipality; or b. "Bodily Injury" or "property damage" included within the "products -completed operations hazard". CG 2012 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 i7 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 27 FM TITLE: A request to initiate a Street Vacation, to vacate portions of D Avenue south of 31st Street and 32nd Street east of D Avenue (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). PREPARED BY: Martin Reeder DEPARTMENT: Dev PHONE: 619-336-4313 APPROVED BY: vcs/Planning. EXPLANATION: The proposed street vacation is in conjunction with a pending shopping center development, and involves vacating portions of D Avenue south of 31st St. and E. 32nd St. east side of D Avenue. The Council originally initiated this street vacation in November of 2010. The item was extended multiple times due to ongoing negotiations. The most recent extension expired on August 16, 2011. The applicant has stated that the project is close to continuing; however, additional work is needed to prepare an updated plan based on recent Code and zoning changes. The main application has been continued by the Planning Commission to their October 3, 2011 meeting. The City's Street Vacation Procedures require that once the City Council has initiated a street vacation, the Planning Commission must find the request in conformance with the General Plan within 40 days, or a longer period of Council's choosing. Although the applicant is close to moving forward, the exact date is unknown, therefore it is suggested that Council initiate the vacation for two months, more than the normal 40 days, in order allow adequate time for changes to be made and the application to move forward. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the Council initiate the Street Vacation for a period of 60 days.. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Application 2. Map of proposed street vacation t_a NATIONAL CITY, CALIFORNIA STREET or ,ALLEY VACATION REQUEST Make checks payable to the City of National ty File application with the: National City Planning Department 1243 National City boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Receipt No. Date Received By E.A.F. Required Fee $ Related Cases NOTE Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vaca on of 2laD p ME, - Li 7 C p located between 11A-16K6.1., Gt1'y ,u , 6 , and as more particularly shown and described on drawing of area to be vacated, prepared by 911Lt14.Gt 1,1,r Azj dated 11 - Q , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional ages ifcient space below) m l IS Am C-t'f •Th.4 AU, NeNtolz. Ni✓ Ep MID b t PaP -tK T- c i-y -Faze It e% Tite, 7 cevet.gp Title Examination Report obtained by date (attach copy) First American Title Insurance Co. June 9, 2009 (see Tab 9) Street or Ailey Vacation Request Application Revised December, 1998 Page 1 of 2 1 THE CITY OF NATIONAL CITY APPLICATION FOR STREET VACATION ATTACHMENT 1 PROPERTY OWNER(S) of all property included in this application. Name: DERCO Properties, LLC, a Clifo,tni limited liability company By: Michael W. Derr, Manager (Signature acknowledges that this application is being filed) Name: "DERCO" Derr Family Ventures L P., a California limited partnership By: Derr Management Services, Inc., a California Corporation Its: General Partner By: '' j =4..-2/ nne B. Derr. President Address: P.O. Box 304 Spring Valley, CA 91976 Phone No. 1619) 472-0120 Fax No. (619) 472 - 1435 Date: gibi /D7 APPLICANT! Name: NCSDI No. 1, LLC a California limited liability company By: Sudberry Development, Inc., a California corporation Its: Manager Signature: Mark K. Radelow, Vice Pre ident Name: Community Development Commission for the City of National City By: Brad Raulston, Executive Director (Signature acknowledges that this application is being filed) Address: 1243 National City Blvd. National City, CA 91950 Phone No. (619) 336-4256 Fax No. (619) 336-4286 Date: (Signature acknowledges that his application is being filed) Address: 5465 Morehouse Drive, Suite 260, San Diego, CA 92121 Phone No. (858) 546-3000 Fax No: (858) 546-3009 Date: 2 ;.; , \ ‘ „., .,.,.,-•-i't .\ .-..-,'"' , * , , ...*, \ N, M , „ Sk.ate 64. H.-- I National City Chula Vista — Project Boundary City Boundary Area to be Vacated I CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27`h, 2011 AGENDA ITEM NO. 38 'EM TITLE: ;Warrant Register #8 for the period of 08/17/11 through 08/23/11 in the amount of $2,569,265.90 PREPARED BY: K. Apalategui DEPARTMENT: Finan e PHONE: j619-336-43311 APPROVED BY: > > ld EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 08/17/11 through 08/23/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation CSAC Excess insurance 243194 99,965.00 Workers Comp Ins FY12 Public Emp Ret System 243242 310,195.06 Ret Insurance period 8-11-3 c'\NDIPA 243248 375,506.50 Liability Insurance FY12 oi)G&E 243251 64,828.39 Facil ie/s / City utilities FINANCIAL STATEMENT: APPROVED: A/ Finance ACCOUNT NO. T APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: ;Ratification of warrants in the amount of $2,269,265.90 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #8 +}- CALLFORNIA 1/3 PAYEE SMART & FINAL FRANK TOYOTA SANDAG BEST BEST & KRIEGER LLP D PREP L L C EDCO DISPOSAL CORPORATION PRO BUILD PRUDENTIAL OVERALL SUPPLY RICHARD ILLES SDG&E SWEETWATER AUTHORITY U S BANK WESTFLEX INDUSTRIAL 3T EQUIPMENT COMPANY INC ABCANA INDUSTRIES AFLAC ALCEM FENCE COMPANY INC "LL FRESH PRODUCTS MERICAN BACKFLOW SPECIALTIES /ART D NIELSEN PAINTING INC AT&T MOBILITY AT&T/MCI AT&T/MCI BEST BEST & KRIEGER LLP BRENNTAG PACIFIC INC BURKE WILLIAMS & SORENSEN LLP CALIFORNIA ELECTRIC SUPPLY CINTAS DOCUMENT MANAGEMENT CITY NATIONAL BANK CORDERO CORPORATE PAYMENT SYSTEMS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY DATA TICKET INC DAY WIRELESS SYSTEMS (20) DELTA CARE USA DELTA DENTAL PLAN OF CA DEPARTMENT OF JUSTICE D-MAX ENGINEERING DOKKEN ENGINEERING 9REW FORD ESGIL CORPORATION FAST SIGNS FEDEX FON-JON KENNELS GEORGIE STILLMAN, ASA GRAINGER IJVCOApOlgTED WARRANT REGISTER #8 8/23/2011 DESCRIPTION FFL SUPPLIES / LIT SVCS SUPPLIES TOYOTA PRIUS HYBRID SANDAG ASSESSMENTS FY12 LEGAL SERVICES THRU JUNE 30, 2011 TUITION CRIME PREVENTION TRAINING WASTE DISPOSAL SERVICES /CDC MOP 45707 MATERIALS - SUPPLIES MOP 45742 LAUNDRY SERVICE REIMBURSEMENT/ INSURANCE PYMNT GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES / CDC CREDIT CARD EXPENSES/ REDEV MOP 63850 DEVILBISS REPAIR TRUCK EQUIPMENT/ PW POOL CHEMICALS AFLAC ACCT BDM36 AUG 2011 REPAIR LAS PALMAS POOL WALL FOOD / NUTRITION CENTER PURCHASE OF BACKFLOWS, PARTS CITY-WIDE PAINTING SECURE WIRELESS CIRCUIT / PD SBC AT&T PHONE SERVICE FOR FY12 SBC AT&T PHONE SERVICE / CITY PERSONNEL ISSUES / JUL 31, 2011 POOL CHEMICALS SVCS THROUGH JUNE 30, 2011 MOP 45698 ELECTRICAL MATERIAL MONTHLY SHREDDING / AUG 2011 LEASE PYMNT-PURCHASE#10-005 REIMB - COPS 2011 CONFERENCE US BANK CITY CREDIT CARD GEN HAZ MAT PERMIT RENEWAL COMMUNICATIONS MAINT / JUL 2011 COX DATA AND VIDEO / MIS EXCESS WC INSURANCE APPEALS, ON-LINE ACCESS / JUNE 2011 RADIO MAINT SVC / JUL-AUG 2011/ PD PMI COBRA DENTAL INS JULY 2011 COBRA DENTAL INS JULY 2011 NEW EMPLOYEE FINGERPRINT STORM WATER SERVICES JULY, 2011 PLAZA BLVD PS&E MOP 49078 AUTO PARTS PLAN CHECK SERVICES, JULY, 2011 BANNER / FIRE DEPT FEDEX MAIL SERVICES / PD KENNEL FEES / POLICE K9'S KIMBALL HOUSE APPRAISAL SUMMARY MOP 65179 ELECTRICAL MATERIAL CHK NO DATE 243160 8/18/11 243161 8/23/11 243162 8/23/11 243163 8/23/11 243164 8/23/11 243165 8/23/11 243166 8/23/11 243167 8/23/11 243168 8/23/11 243169 8/23/11 243170 8/23/11 243171 8/23/11 243172 8/23/11 243173 8/23/11 243174 8/23/11 243175 8/23/11 243176 8/23/11 243177 8/23/11 243178 8/23/11 243179 8/23/11 243180 8/23/11 243181 8/23/11 243182 8/23/11 243183 8/23/11 243184 8/23/11 243185 8/23/11 243186 8/23/11 243187 8/23/11 243188 8/23/11 243189 8/23/11 243190 8/23/11 243191 8/23/11 243192 8/23/11 243193 8/23/11 243194 8/23/11 243195 8/23/11 243196 8/23/11 243197 8/23/11 243198 8/23/11 243199 8/23/11 243200 8/23/11 243201 8/23/11 243202 8/23/11 243203 8/23/11 243204 8/23/11 243205 8/23/11 243206 8/23/11 243207 8/23/11 243208 8/23/11 AMOUNT 56.47 1,049.25 13, 043.00 4,630.25 393.00 104.75 54.57 27.74 30,565.00 172.37 39.36 60.86 67.38 1,266.30 48.94 1,452.44 365.00 2,306.50 436.34 480.00 399.60 6,671.59 2,441.09 318.30 738.69 1,760.00 561.98 72.95 43,101.10 182.12 1,270.71 1,599.00 18,126.00 3,158.67 99,965.00 4,466.36 4,695.00 125.77 732.30 1,069.00 23,262.67 9,890.10 575.82 22,108.92 100.75 23.07 425.00 9,990.00 748.81 PAYEE HAMILTON MEATS & PROVISIONS HANSEN LIBRARY SALES HARRIS & ASSOC CORP HARRIS & ASSOCIATES INC HD SUPPLY PLUMBING HINDERLITER DE LLAMAS & ASSOC HONEYWELL INTERNATIONAL INC HORIZON HEALTH EAP IKON OFFICE SOLUTIONS IOS INNOVATIVE ENVIRONMENTAL INTERNATIONAL CODE COUNCIL JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOCIATES INC LASER SAVER INC LOPEZ MAINTEX INC MCCUNE CHRYSLER JEEP MCDOUGAL LOVE ECKIS MEDIC BATTERIES MOTOR COP SHOP, INC. NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NFPA PACIFIC AUTO REPAIR PBS&J PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO BUILD PRO GEAR PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM R J SAFETY SUPPLY ROMERO'S ROOFING SERVICE, INC S & S WELDING SAN DIEGO BMW MOTORCYCLES SAN DIEGO PET & LAB SUPPLY SANDPIPA SASI SD COUNTY SHERIFF'S DEPART SDG&E SMART & FINAL SMART SOURCE OF CA LTC STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO WARRANT REGISTER #8 8/23/2011 DESCRIPTION MEAT DELIVERY / NUTRITION CHILDREN'S BOOKS , AS NEEDED FOR FY DEPOSIT#1253 16TH & N C BLVD 8TH ST. SMART GROWTH, JULY SERVICES PLUMBING MATERIAL CONTRACT SVCS - SALES TAX 3RD QTR REPAIRS NOT COVERED BY MAINTENANCE EMPLOYEE ASST PROGRAM COPIER LEASE / 8/21/11-11/20/11 DEPOSIT#1474 MONITORING WELLS ICC BOOK ORDER MOP 69277 PLANTING MATERIAL KAISER RET INS COBRA JULY 2011 COOLIDGE AVE SERVICES, JULY, 2011 PRINTER MAINTENANCE / MIS TRANSLATION SERVICES FOR FY 2012 JANITORIAL SUPPLIES TRANSMISSION REPAIR V# 455 / PW LEGAL SVCS THROUGH JUNE 30, 2011 BATTERIES / FIRE CLASSIC-LE2 HELMET / POLICE MOP 72441 R&M AUTO EQUIPMENT CAR WASHES 5259702X /MEMBERSHIP RENEWAL/FIRE LABOR, R&R TRANSMISSION PROVIDE SEWER BILL/TAX ROLL MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS MOP 45707 PLUMBING MATERIAL MOP 45707 MATERIALS - SUPPLIES FORD 8.8 BEARING KIT #DRK-311 CHILLER REPLACEMENT SERVICES MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 8-11-3 WHITE V-GARD FULL BRIM W/RATCHET ROOF REPAIRS AT POLICE STATION 40 3/4 X 25 1/2 X 2 1/2 TRF GRATES R&M CITY VEHICLES MOP 45753 PET SUPPLIES - PD EXCESS LIABILITY INSURANCE PROCESS CHRGS FLEXIBLE SPENDING MEMBERSHIP RENEWAL INV 309 FACILITIES GAS & ELECTRIC MOP 45756 BATTERIES - H R MOP 63845 BUSINESS CARD - P D MOP 45704 OFFICE SUPPLIES - PLANN TACK OIL, 3/8, SHEET, ASPHALT FACILITIES WATER BILL FOOD & CONSUMABLES / NUTRITION 2/3 CHK NO DATE AMOUNT 243209 8/23/11 348.94 243210 8/23/11 370.66 243211 8/23/11 315.00 243212 8/23/11 4,159.10 243213 8/23/11 933.92 243214 8/23/11 3,944.01 243215 8/23/11 1,201.25 243216 8/23/11 741.06 243217 8/23/11 19,941.36 243218 8/23/11 2,000.00 243219 8/23/11 152.09 243220 8/23/11 500.23 243221 8/23/11 6,985.36 243222 8/23/11 6,217.00 243223 8/23/11 323.65 243224 8/23/11 140.00 243225 8/23/11 823.93 243226 8/23/11 1,235.31 243227 8/23/11 515.6 243228 8/23/11 212A 243229 8/23/11 389.95 243230 8/23/11 157.69 243231 8/23/11 316.00 243232 8/23/11 2,000.00 243233 8/23/11 1,383.23 243234 8/23/11 21,361.50 243235 8/23/11 1,653.87 243236 8/23/11 176.21 243237 8/23/11 1,686.26 243238 8/23/11 53.69 243239 8/23/11 913.32 243240 8/23/11 30,967.75 243241 8/23/11 494.05 243242 8/23/11 310,195.06 243243 8/23/11 104.64 243244 8/23/11 395.00 243245 8/23/11 440.44 243246 8/23/11 484.73 243247 8/23/11 210.70 243248 8/23/11 375,506.50 243249 8/23/11 168.00 243250 8/23/11 350.00 243251 8/23/11 64,828. 2^ 243252 8/23/11 12 243253 8/23/11 126: 243254 8/23/11 552.03 243255 8/23/11 227.57 243256 8/23/11 33,814.94 243257 8/23/11 181.28 '1 c .IEORN)A 3/3 PAYEE TARULLI TIRE SAN DIEGO INC THE SOHAGI LAW GROUP PLC U S BANK U S HEALTHWORKS UNION TRIBUNE UNION -TRIBUNE UNITED ROTARY BRUSH CORP USA MOBILITY WIRELESS, INC. VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES 4YROLL Pay period Start Date 17 7/26/2011 Special Payroll IACORPORATED WARRANT REGISTER #8 8/23/2011 DESCRIPTION 11 R22.5BDG RB MIX / TIRES SERVICES -REDEVELOPMENT RECREATION SUPPLIES MEDICAL SERVICES PUBLIC NOTICING FOR ZONING MAP ADVERTISING OF PLANNING COMMISSION MOP 62683 AUTO PARTS PAGING SERVICE / AUG 2011 STRAY ANIMAL VET CARE / POLICE VERIZON WIRELESS PHONE SVCS / CITY JANITORIAL SUPPLIES MOP 63850 AUTO PARTS MOP 45763 ELECTRICAL SUPP - MIS STREET SIGNS / PW End Date Check Date 8/8/2011 8/17/2011 8/4/2011 CHK NO DATE AMOUNT 243258 8/23/11 1,055.25 243259 8/23/11 54.39 243260 8/23/11 218.92 243261 8/23/11 210.00 243262 8/23/11 1,456.00 243263 8/23/11 256.40 243264 8/23/11 218.84 243265 8/23/11 8.70 243266 8/23/11 355.60 243267 8/23/11 4,616.64 243268 8/23/11 273.53 243269 8/23/11 280.25 243270 8/23/11 459.13 243271 8/23/11 494.79 A/P Total 1,225,371.29 1,343,675.20 219.41 GRAND TOTAL $ 2,569,265.90 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF TIIE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE .AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANC CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR-CIIAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 27th OF SEPTEMBER, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27th, 2011 AGENDA ITEM NO. 29 'EM TITLE: Warrant Register #9 for the period of 08/24/11 through 08/30/11 in the amount of $2,006,825.29 PREPARED BY: K. Apalategui DEPARTMENT: Fina PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/24/11 through 08/30/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount City of San Diego 243273 1,220,194.00 Health Net 243336 61,124.92 Kaiser Foundation 243348 153,682.55 ublic Emp Ret System 243380 266,931.47 Explanation Wastewater charges Ins R1192A Sep 2011 Ins Active Sep 2011 Ret Ins.eriod 8-11-4 FINANCIAL STATEMENT: ACCOUNT NO. N/A, ENVIRONMENTAL REVIEW: N/Aj ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Ratification of warrants in the amount of $2,006,825.29 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: trrant Register #9 +r-• CALIFORNIA 1/4 PAYEE FILIPPI'S PIZZA GROTTO CITY OF SAN DIEGO COUNTY OF SAN DIEGO DESROCHERS GALLARZO GALVAN KONICA MINOLTA N C CHAMBER OF COMMERCE SAN DIEGO COUNTY RECORDER SDG&E ABCANA INDUSTRIES ACE UNIFORMS & ACCESSORIES INC ACEDO ALLEN ALLIANT INT'L UNVERSITY 16 IC ALLIANT INTL UNVERSITY 16 IC ALLIANT INTL UNVERSITY 16 IC '.LIANT INTL UNVERSITY 16 IC .IANT INTL UNVERSITY 16 IC .STAR FIRE EQUIPMENT INC ANDERSON ASSI SECURITY INC BANK OF AMERICA PUBLIC & BECK BISHOP BONSUISSE INC BOYD BROADWAY AUTO ELECTRIC BURKE WILLIAMS & SORENSEN LLP CAPF C YOUNG ASSOCIATES CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALIFORNIA STATE LIBRARY CARQUEST AUTO PARTS CEB CHEVRON & TEXACO CITY OF CHULA VISTA CLEAN HARBORS CONDON COOPER'S PLUMBING & HEATING CORPUZ iNTY OF SAN DIEGO 1ESHFAR DAPPER TIRE COMPANY DATA TICKET INC DAY WIRELESS SYSTEMS N T J C T LAFCORpOR ATED WARRANT REGISTER # 9 8/30/2011 DESCRIPTION DINNER FOR CIVIL SVCS & COUNCIL / HR WASTEWATER FEES EXPERT & CONSULTANT RETIREE HEALTH BENEFITS / SEP 2011 REFUND -S8 OVERPAYMENT FINANCIAL SVCS SEC8 /AUGUST 2011 FINAL INV FOR COPIER AGREEMENT OUTREACH PROGRAM REC COST - RECONVEYANCE OF LOAN GAS AND ELECTRIC UTILITIES / CDC POOL CHEMICALS SUBDUED BADGE PATCH W/ SEWINGS RETIREE HEALTH BENEFITS / SEP 2011 RETIREE HEALTH BENEFITS / SEP 2011 REGISTRATION IVAT 16TH INTL CONF REGISTRATION IVAT 16TH INTL CONF REGISTRATION IVAT 16TH INTL CONF REGISTRATION IVAT 16TH INTL CONE REGISTRATION IVAT 16TH INTL CONF EQUIPMENT / FIRETRUCK RETIREE HEALTH BENEFITS / SEP 2011 REPLACE ELECTRIC DOOR STRIKE CAT LOADER EQUIPT LEASE PMT 22 RETIREE HEALTH BENEFITS / SEP 2011 RETIREE HEALTH BENEFITS / SEP 2011 FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS / SEP 2011 ELECTRICAL PARTS COST FOR SVCS THROUGH JUL 2011 FIRE/LTD SEPT 2011 RISK MANAGEMENT ROUND GUARD 12 INCH 11198-1 PD/LTD SEPT 2011 . REFUND/ UNSPENT LIT SVCS GRANT FY11 MOP 47557 AUTO PARTS CA LAND USE PRACTICE UP 11 MOP 45699 GAS SERVICES/ DISPATCHER RECRUITMENT HAZARDOUS WASTE PICKUP FOR / PW RETIREE HEALTH BENEFITS / SEP 2011 PLUMBING SERVICES, REPAIRS RETIREE HEALTH BENEFITS / SEP 2011 SHARE OF PARKING CIT REV JUL'11 RETIREE HEALTH BENEFITS / SEP 2011 TIRES APPEALS, ON-LINE ACCESS / JUL 2011 DAY WIRELESS / FIRE DEPT CHK NO DATE AMOUNT 243272 8/25/11 78.60 243273 8/30/11 1,220,194.00 243274 8/30/11 5,640.71 243275 8/30/11 110.00 243276 8/30/11 20.56 243277 8/30/11 702.00 243278 8/30/11 492.06 243279 8/30/11 10,000.00 243280 8/30/11 39.00 243281 8/30/11 297.35 243282 8/30/11 176.37 243283 8/30/11 215.50 243284 8/30/11 160.00 243285 8/30/11 125.00 243286 8/30/11 740.00 243287 8/30/11 740.00 243288 8/30/11 740.00 243289 8/30/11 740.00 243290 8/30/11 370.00 243291 8/30/11 1,713.90 243292 8/30/11 110.00 243293 8/30/11 1,180.00 243294 8/30/11 3,077.02 243295 8/30/11 140.00 243296 8/30/11 110.00 243297 8/30/11 401.71 243298 8/30/11 145.00 243299 8/30/11 119.63 243300 8/30/11 715.00 243301 8/30/11 576.00 243302 8/30/11 3,160.65 243303 8/30/11 1,907.18 243304 8/30/11 1,560.00 243305 8/30/11 4,829.00 243306 8/30/11 70.47 243307 8/30/11 181.88 243308 8/30/11 409.86 243309 8/30/11 9,473.80 243310 8/30/11 2,148.12 243311 8/30/11 280.00 243312 8/30/11 842.40 243313 8/30/11 140.00 243314 8/30/11 15,434.90 243315 8/30/11 250.00 243316 8/30/11 2,412.92 243317 8/30/11 3,765.98 243318 8/30/11 1,000.75 2/4 r- GALIFORNIA,+ N 94 ,JT iNC.OR'PORATED — WARRANT REGISTER # 9 8/30/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT DEFRATIS RETIREE HEALTH BENEFITS /SEP 2011 243319 8/30/11 120.00 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING 243320 8/30/11 9,292.40 DICERCHIO RETIREE HEALTH BENEFITS / SEP 2011 243321 8/30/11 70.00 DIVISION 8 INCORPORATED GLASS REPLACEMENT 243322 8/30/11 1,086.00 DREDGE RETIREE HEALTH BENEFITS / SEP 2011 243323 8/30/11 250.00 DREW FORD MOP 49078 AUTO PARTS 243324 8/30/11 177.14 EISER III RETIREE HEALTH BENEFITS / SEP 2011 243325 8/30/11 250.00 FUN FLICKS SUMMER MOVIES IN THE PARK AT KIMBALL 243326 8/30/11 323.00 GELSKEY RETIREE HEALTH BENEFITS / SEP 2011 243327 8/30/11 115.00 GIBBS JR RETIREE HEALTH BENEFITS / SEP 2011 243328 8/30/11 120.00 GOO RETIREE HEALTH BENEFITS / SEP 2011 243329 8/30/11 165.00 GRAINGER MOP 65179 MATERIALS & SUPPLIES 243330 8/30/11 276.26 HANSON RETIREE HEALTH BENEFITS / SEP 2011 243331 8/30/11 135.00 HdL COREN & CONE CONTRACT SVCS FOR PROPERTY TAX 243332 8/30/11 2,400.00 HEALTH NET HEALTH FULL NETWORK 57135A SEP 2011 243333 8/30/11 6,764.73 HEALTH NET HEALTH NET R1192F SEP 2011 243334 8/30/11 3,152.35 HEALTH NET HEALTH NET 57135F SEP 2011 243335 8/30/11 1,304.42 HEALTH NET INC HEALTH INS R1192A SEP 2011 243336 8/30/11 61,124.92 HEALTH NET INC HEALTH INS 57135J SEP 2011 243337 8/30/11 1,284 - HODGES RETIREE HEALTH BENEFITS / SEP 2011 243338 8/30/11 201 HOLLIS RETIREE HEALTH BENEFITS / SEP 2011 243339 8/30/11 185.uu HONEYWELL INTERNATIONAL INC REPAIRS NOT COVERED BY MAINTENANCE 243340 8/30/11 2,205.59 J & L JANITORIAL SUPPLY WHITE METAL FLOOR RECEPTACLE/PW 243341 8/30/11 61.99 JAMES RETIREE HEALTH BENEFITS / SEP 2011 243342 8/30/11 140.00 JEFFREY L SERVATIUS RETIREE HEALTH BENEFITS / SEP 2011 243343 8/30/11 340.00 JERAULDS CAR CARE CENTER MOP 72449 R&M AUTO EQUIPMENT 243344 8/30/11 49.99 JUDD ELECTRIC ELECTRICIAN LABOR / SCOREBOARD 243345 8/30/11 150.00 JUDY LEMM CONSULTING WC CLAIM COSTS 243346 8/30/11 550.00 JUNIEL RETIREE HEALTH BENEFITS / SEP 2011 243347 8/30/11 50.00 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE SEP 2011 243348 8/30/11 153,682.55 KAISER FOUNDATION HEALTH PLANS KAISER RET INS SEP 2011 243349 8/30/11 11,678.20 KIMBLE RETIREE HEALTH BENEFITS / SEP 2011 243350 8/30/11 300.00 LANDA RETIREE HEALTH BENEFITS / SEP 2011 243351 8/30/11 155.00 LIMFUECO RETIREE HEALTH BENEFITS / SEP 2011 243352 8/30/11 160.00 MANA DE SAN DIEGO 25TH ANNIVERSARY MANA DE S D 243353 8/30/11 150.00 MARTINEZ RECORDS SUPERVISOR COURSE 243354 8/30/11 64.96 MATIENZO RETIREE HEALTH BENEFITS / SEP 2011 243355 8/30/11 100.00 MCCABE RETIREE HEALTH BENEFITS !SEP 2011 243356 8/30/11 280.00 MEDINA RETIREE HEALTH BENEFITS / SEP 2011 243357 8/30/11 105.00 MEYERS/NAVE LAW CORP CONSULT - MOU NEGOTIATIONS 243358 8/30/11 6,215.00 MORALES LEASE PAYMENT/NC GOLF COURSE FY12 243359 8/30/11 2,000.00 MOTOROLA CREDIT CORP MOTOROLA SUPPORT 4/1/11-3/31/12 243360 8/30/11 23,893.92 MURRAY DYLAN J REFUND - OVERPAYMENT 243361 8/30/11 100.00 MURRAY RETIREE HEALTH BENEFITS / SEP 2011 243362 8/30/11 15 MYERS RETIREE HEALTH BENEFITS / SEP 2011 243363 8/30/11 141 NAPA AUTO PARTS MOP 45735 AUTO PARTS 243364 8/30/11 217.86 NOSAL WILLIAM A RETIREE HEALTH BENEFITS / SEP 2011 243365 8/30/11 1,137.19 3/4 C A,LtF O R N1 A •-�r PAYEE OCHOA ONE STOP PARTS SOURCE OUT BACK MANUFACTURING PARKHOUSE TIRE PAUU PDQ PRECISION, INC. PEASE JR PELRAC PERRY FORD POST POTTER PRO BUILD PROCHEM SPECIALTY PRODUCTS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY RELIANCE STANDARD ''C)ARK IE �N TURLEY ASSOCIATES INC RUIZ S D COUNTY SHERIFF'S DEPT SAFETY KLEEN SAN DIEGO CONCRETE CUTTING CO. SAN DIEGO HYDRAULICS SHORT SKS INC. SOUTHERN CALIF TRUCK STOP SSD SYSTEMS STARTECH COMPUTERS STRASEN SUMMIT SUPPLY SUPERIOR READY MIX SWEETWATER AUTHORITY THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS TILLEY CRANE INSPECTION SVC TOM MOYNAHAN TRIVIZ U S BANK U S HEALTHWORKS U S HEALTHWORKS IDERGROUND SERVICE ALERT IITED PARCEL SERVICE URIAS WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY NATI C INCOApO;RATED WARRANT REGISTER # 9 8/30/2011 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS /SEP 2011 243366 8/30/11 125.00 RAYB POLICE RTR DRO 68011OP 243367 8/30/11 618.68 MP-301SP, HELMET HEADSET PLUG 243368 8/30/11 319.01 11 R22.5 G BST M726EL / TIRES PW 243369 8/30/11 734.50 RETIREE HEALTH BENEFITS / SEP 2011 243370 8/30/11 340.00 #6600-7/A ARMA-SOL DRY CONCENTRATE 243371 8/30/11 162.37 RETIREE HEALTH BENEFITS / SEP 2011 243372 8/30/11 140.00 PELRAC - TRAINING 243373 8/30/11 400.00 AUTOMATIC TRANSMISSION V# 476 243374 8/30/11 3,407.24 RETIREE HEALTH BENEFITS / SEP 2011 243375 8/30/11 280.00 RETIREE HEALTH BENEFITS / SEP 2011 243376 8/30/11 150.00 MOP# 45707. SUPPLIES / FIRE 243377 8/30/11 87.92 AQUEOUS PARTS CLEANER #30800-6 243378 8/30/11 380.76 MOP 45742 LAUNDRY SERVICE 243379 8/30/11 86.98 SERVICE PERIOD 8-11-4 243380 8/30/11 266,931.47 RETIREE HEALTH BENEFITS / SEP 2011 243381 8/30/11 190.00 VTL SEP 2011 243382 8/30/11 2,364.67 RETIREE HEALTH BENEFITS / SEP 2011 243383 8/30/11 135.00 RETIREE HEALTH BENEFITS / SEP 2011 243384 8/30/11 120.00 RTA SOFTWARE UPDATES AND MAINTENANI 243385 8/30/11 1,650.00 RETIREE HEALTH BENEFITS / SEP 2011 243386 8/30/11 310.00 SHERIFFS RANGE USE / POLICE 243387 8/30/11 200.00 DRUM OPEN HEAD 55 GAL, BLACK/PW 243388 8/30/11 504.35 CONCRETE SAW CUTTING 243389 8/30/11 200.00 HYDRAULIC MOTOR 500300A3120AAAA 243390 8/30/11 660.58 RETIREE HEALTH BENEFITS / SEP 2011 243391 8/30/11 300.00 CHVS1030B SUPREME 10W30 BULK OIL 243392 8/30/11 1,006.23 MOP 45758 GAS 243393 8/30/11 63.23 SERVICE POWER SUPPLY / MIS 243394 8/30/11 204.25 MOP# 67144. COMPUTER SUPPLIES/MIS 243395 8/30/11 480.59 RETIREE HEALTH BENEFITS / SEP 2011 243396 8/30/11 135.00 BUMPER EACH SEAT BLUE 243397 8/30/11 375.00 TACK OIL, 3/8, SHEET & ASPHALTS 243398 8/30/11 151.71 FACILITIES WATER 243399 8/30/11 1,022.85 MOP 45726 AUTO PARTS 243400 8/30/11 1,007.84 LIFE & AD&D STD LTD SEP 2011 243401 8/30/11 7,847.91 ANNUAL VEHICLE #426 INSPECTION 243402 8/30/11 400.00 MOP# 45734. TOWING SERVICES/ PD 243403 8/30/11 135.00 RETIREE HEALTH BENEFITS / SEP 2011 243404 8/30/11 135.00 CREDIT CARD EXPENSES / FIRE DEPT 243405 8/30/11 1,958.11 PRE EMPLOYMENT PHYSICAL 243406 8/30/11 100.00 DOT EXAM 243407 8/30/11 55.00 UNDERGROUND SVCS ALERT CHRGS 243408 8/30/11 114.00 UPS SHIPMENT 243409 8/30/11 18.77 RETIREE HEALTH BENEFITS / SEP 2011 243410 8/30/11 125.00 JANITORIAL SUPPLIES 243411 8/30/11 2,112.22 MOP# 45763. ELECTRICAL SUPPLIES/MIS 243412 8/30/11 357.53 4/4 CALIFORNIA .- +NCORPORATE WARRANT REGISTER # 9 8/30/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT WOOD & WOOD LIABILITY CLAIM COSTS 243413 8/30/11 6,258.00 ZIETLOW RETIREE HEALTH BENEFITS / SEP 2011 243414 8/30/11 150.00 ZIONS BANK 25TH LEASE PAYMT 800 MHZ EQUIP 243415 8/30/11 48,678.25 A/P Total 1,944,300.59 WIRED PAYMENTS TRISTAR RISK MANAGEMENT PREFUND CODY WILLIAMS 35555854 8/24/11 58,189.90 Start Date End Date SECTION 8 HAPS PAYMENTS 8/24/2011 8/30/2011 4,334.80 GRAND TOTAL $ 2,006,825.29 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS FIAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON TIIE 27th OF SEPTEMBER, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 30 EM TITLE: An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by amending Section 6.04.140 pertaining to Business Tax License to be consistent with regulatory codes, and resulting in the streamlining of the process for Business License issuance PREPARED BY: George H. Eiser, III DEPARTMENT: PHONE: Ext. 4221 APPROVED BY: EXPLANATION: Subsection (C) of Section 6.04.140 of the Municipal Code authorizes the collection of regulatory permit and license processing fees on behalf of the City department administering the permit or license at the time an applicant presents an application for payment of a business tax. Currently, the subsection contains language that specifically identifies the department (e.g., Building Department, Police Department, Fire Department) conducting the regulatory review for which the permit or license processing fees are collected. The proposed amendment to Subsection (C) would no longer identify the specific department(s) conducting the regulatory review, but would instead provide that "[R]egulatory reviews shall be conducted by the authorized City official(s) as required by the Fire Code, California Building Code, or other law." The purpose of the proposed amendment would be to avoid the necessity of amending the Municipal Code each time there is a change in state law that results in a reassignment of the responsibility among the various City departments for conducting regulatory reviews. This will ensure isistency between state regulatory codes and the Municipal Code, and will result in a streamlining of process for business license issuance. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed ordinance BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: posed ordinance ORDINANCE NO. 2011 — 2368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE MUNICIPAL CODE BY AMENDING SECTION 6.04.140 PERTAINING TO BUSINESS TAX LICENSE TO BE CONSISTENT WITH REGULATORY CODES, AND RESULTING IN THE STREAMLINING OF THE PROCESS FOR BUSINESS LICENSE ISSUANCE BE IT ORDAINED by the City Council of the City of National City that Title 6 of the National City Municipal Code is amended as follows: Section 1. Chapter 6.04 of the National City Municipal Code, is amended by amending Section 6.04.0140 to read as follows: 6.04.140 Transition and administrative provisions. A. The provisions of this chapter will be fully applicable to all businesses on and after its effective date; provided, however, that any business which has already applied for or paid business taxes for the current calendar year will not be subject to any additional processing requirements. The collector may use existing stocks of forms until depleted in the administration of this chapter. B. Pursuant to Section 6.04.050, the term "business license" or "license tax," or any similar language appearing on such forms shall be construed to refer to the terms "business tax license" or "business tax" adopted by this ordinance as the context may require. C. The collector shall collect all regulatory permit and license processing fees on behalf of an administering City department at the time an applicant presents an application for payment of business tax. Regulatory reviews shall be conducted by the authorized City official(s) as required by the Fire Code, California Building Code, or other law. Processing fees are listed in the National City Fee Schedule. The collector will issue a receipt for the deposit of taxes and fees. A business tax license will not be issued until completion of regulatory processing by administering departments, payment by the taxpayer of any delinquent accounts owed to the city, and determination that the operation of the business would not be in violation of law or the requirements of this code. The collector is authorized to coordinate regulatory processing with the payment of business taxes and fees for the issuance of regulatory permits. The applicant remains responsible for completion of forms and delivery to any department or agency for review. D The collector will refund the business tax deposited upon written request if the business cannot be lawfully conducted at the proposed location following regulatory compliance review, except that no refund will be made if the business opening date was prior to the application date. Regulatory permit processing fees are not refundable. PASSED AND ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva, City Attorney CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO.11 EM TITLE: IA resolution of the City Council of the City of National City authorizing the ranking of non -conforming uses in the Westside Specific Plan area, appropriating $13,720 from contingency reserve and establishing September 30, 2011 as the baseline date for data being used in the ranking. (General Fund). PREPARED BY: Patricia Beard \u✓j DEPARTMENT: Redeye! ent/ .ecial Projects PHONE: 4255 APPROVED BY: EXPLANATION: On May 17, 2011, the City Council approved the methodology, factors and relative weighting of criteria for the ranking of non -conforming uses in the Westside and directed staff to move forward within 60 days to implement the ranking. Subsequently stakeholder concerns emerged and the ranking was deferred until an informational Town Hall meeting was held on July 21, 2011. Concurrently and subsequently actions of the California Legislature and California Supreme Court "staying" redevelopment activities made it impossible for staff to issue a contract to complete the ranking per Council's direction. Staff had issued a competitive Request for Proposals to complete the ranking and was prepared to award a contract in the amount of $13,720 to complete the work when new agreements using tax increment funds were placed on hold by state actions. The attached resolution would authorize the use of General Funds to complete the ranking, if the Council desires, and establishes the benchmark date r the data to be uniformly collected as September 30, 2011. Please see attached Background Report _r further information on the Request for Proposals process. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not applicable. Multiple accounts are impacted by this matter. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RANKING OF NON -CONFORMING USES IN THE WESTSIDE SPECIFIC PLAN AREA, ESTABLISHING SEPTEMBER 30, 2011, AS THE BASELINE DATE FOR DATA BEING USED IN THE RANKING, AND APPROPRIATING $13,720 FROM THE CONTINGENCY RESERVE WHEREAS, on May 17, 2011, the City Council approved the methodology, factors and relative weighing of criteria for the ranking of non -conforming uses in the Westside and directed staff to move forward within 60 days to implement the ranking; and WHEREAS, staff prepared and issued a competitive Request for Proposals to complete the ranking by May 25, 2011; and WHEREAS, due to stakeholder concerns, the ranking was deferred until a Town Hall meeting was held on July 21, 2011; and WHEREAS, staff was prepared to award a contract in the amount of $13,720 to complete the ranking when new agreements using tax increment funds were placed on hold due to the California Supreme Court stay of certain portions of ABx1 26, and of ABx1 27 in its entirety; and WHEREAS, the City Council desires to move forward with implementation of the ranking of non -conforming uses in the Westside Specific Plan area without using tax increment funds; and WHEREAS, September 30, 2011, is the benchmark date for the data to be uniformly collected; and WHEREAS, an appropriation of contingency reserve funds in the amount of $13,720 is necessary because tax increment funds cannot be used given the current California Supreme Court stay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the ranking of non -conforming uses in the Westside Specific Plan area. BE IT FURTHER RESOLVED that the baseline date for the data to be uniformly collected for the ranking is hereby established as September 30, 2011. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $13,720 from the contingency reserve fund for the ranking process. --- Signature Page to Follow --- Resolution No. 2011- Page 2 PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ATTACHMENT 1 BACKGROUND REPORT Following City Council direction on May 17, 2011 to initiate ranking for amortization, staff prepared and issued a competitive Request for Proposals on May 25, 2011. The Request for Proposals was advertised on the City website and specifically emailed to 22 firms identified as potentially having the skill set to provide the required services. Three firms submitted proposals and a staff committee made up of the Executive Director and Redevelopment Manager selected Tierra West as the most responsive proposal at the most reasonable cost. If the City Council decides to use General Funds to fund the ranking, staff intends to enter the contract with Tierra West. :ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 27th, 2011 AGENDA ITEM NO, 32 ITEM TITLE: ;Authorize the reimbursement of Community Development Commission expenditures in the amount of $54,077.38 to the City of National City for the period of 8/17/11 through 08/23/11 PREPARED BY: 1K. Apalateguil, DEPARTMENT: Financ PHONE: 1619-336-4331 EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. APPROVED BY: Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $54,077.38 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: ,Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: iv varrants for the period of 8/17/11 through 08/23/11 LNC6R ,GRATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #8 8/23/2011 PAYEE SANDAG BEST BEST & KRIEGER LLP D PREP L L C EDCO DISPOSAL CORPORATION PRO BUILD PRUDENTIAL OVERALL SUPPLY RICHARD ILLES SDG&E SWEETWATER AUTHORITY U S BANK WESTFLEX INDUSTRIAL GEORGIE STILLMAN, ASA HARRIS & ASSOCIATES INC YROLL Pay period Start Date 17 7/26/2011 DESCRIPTION SANDAG ASSESSMENTS FY12 LEGAL SERVICES THRU JUNE 30, 2011 TUITION CRIME PREVENTION TRAINING WASTE DISPOSAL SERVICES /CDC MOP 45707 MATERIALS - SUPPLIES MOP 45742 LAUNDRY SERVICE REIMBURSEMENT / INSURANCE PYMNT GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES / CDC CREDIT CARD EXPENSES/ REDEV MOP 63850 DEVILBISS KIMBALL HOUSE APPRAISAL SUMMARY 8TH ST. SMART GROWTH, JULY SERVICES End Date 8/8/2011 Check Date 8/17/2011 CHK NO DATE AMOUNT 243162 8/23/11 3,813.00 243163 8/23/11 4,630.25 243164 8/23/11 393.00 243165 8/23/11 104.75 243166 8/23/11 54.57 243167 8/23/11 27.74 243168 8/23/11 30,565.00 243169 8/23/11 172.37 243170 8/23/11 39.36 243171 8/23/11 60.86 243172 8/23/11 67.38 243207 8/23/11 9,990.00 243212 8/23/11 4,159.10 AM Total $ 54,077.38 71,399.09 Total disbursements paid with City's Funds $ 125,476.47 GRAND TOTAL $ 125,476.47 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 27th, 2011 AGENDA ITEM NO. 33 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $17,828.35 to the City of National City for the period of 8/24/11 through 08/30/11 PREPARED BY: K. Apalategui PHONE: 619-336-4331 EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. DEPARTMENT: I Fin APPROVED BY: Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $17,828.35 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: ,Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A FACHMENTS: vvarrants for the period of 8/24/11 through 08/30/111 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #9 8/30/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT COUNTY OF SAN DIEGO EXPERT & CONSULTANT 243274 8/30/11 5,640.71 DESROCHERS RETIREE HEALTH BENEFITS / SEP 2011 243275 8/30/11 110.00 GALLARZO REFUND - S 8 OVERPAYMENT 243276 8/30/11 20.56 GALVAN FINANCIAL SVCS SECS / AUGUST 2011 243277 8/30/11 702.00 KONICA MINOLTA FINAL INV FOR COPIER AGREEMENT 243278 8/30/11 492.06 N C CHAMBER OF COMMERCE OUTREACH PROGRAM 243279 8/30/11 10,000.00 SAN DIEGO COUNTY RECORDER REC COST - RECONVEYANCE OF LOAN 243280 8/30/11 39.00 SDG&E GAS AND ELECTRIC UTILITIES / CDC 243281 8/30/11 297.35 HdL COREN & CONE CONTRACT SVCS FOR PROPERTY TAX 243332 8/30/11 1,200.00 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE SEP 2011 243348 8/30/11 -673.33 OTHER DISBURSEMENTS PAID WITH CDC FUNDS CT ION 8 SECTION 8 HAPS PAYMENTS A/P Total $ 17,828.35 Total disbursements paid with City's Funds $ 17,828.35 Start Date End Date 8/10/2011 8/16/2011 4,334.80 GRAND TOTAL S 22,163.15 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 44 'EM TITLE: A resolution of the Community Development Commission of the City of National City adopting an amended Enforceable Obligations Payment Schedule. PREPARED BY: Patricia Beard PHONE: 4255 EXPLANATION: LThe 2011 California Redevelopment Legislation (AB X1 26 & 27) were approved by the State Legislature on June 15, 2011 and signed into law by the Governor on June 28, 2011. This Legislation, which provides for the statewide dissolution of redevelopment agencies, requires all agencies, including the CDC, to file and Enforceable Obligations Payment Schedule showing required payments through the end of calendar year 2011. The CDC approved its Enforceable Obligations Payment Schedule on August 24, 2011. Subsequently, consistent with the 2011 Tax Allocation Bond issuance and Cooperation Agreement between the City and CDC, two contracts related to the National City Aquatic Center (a bond project) were approved. The proposed amendment adds these contractual obligations to the Enforceable Obligations Payment Schedule. Additionally, administrative costs shown only as a lump sum in the August 24 schedule have been broken down into monthly payments. In keeping with state law, the proposed amendment has been posted on the City website for three days prior to Board )nsideration. DEPARTMENT: Re.: • - op-nt/Special P ojects APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not applicable. Multiple accounts are impacted by this matter. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Amended Enforceable Obligations Payment Schedule RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE WHEREAS, the Community Development Commission of the City of National City ("CDC") is a public body, corporate, politic, formed, organized, and exercising its powers and existing pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., (the "CRL"), and specifically formed by the City Council of the City of National City; and WHEREAS, continued redevelopment to eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, and enter into partnerships with private industries to create jobs and expand the local economy is vital to the health, safety and welfare of the City; and WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the CRL were added by Assembly Bill x1 26 and Assembly Bill x1 27 (together the "2011 Redevelopment Legislation"), which laws purported to become effective immediately; and WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills to the Fiscal Year 2011-2012 California budget bills that were approved by both houses of the State Legislature on June 15, 2011, and signed by the Governor on June 28, 2011; and WHEREAS, part 1.85 of the CRL (the "Dissolution Act") added by the 2011 Redevelopment Legislation ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the CDC (but not dissolution of the housing authority thereof), as of October 1, 2011, and provides that, thereafter, a successor agency will administer the enforceable obligations of the redevelopment agency of the CDC and otherwise wind up the CDC's affairs, all subject to the review and approval of an oversight committee; and WHEREAS, Part 1.8 of the CRL added by the Redevelopment Legislation ("Part 1.8") provides for the restriction of activities and authority of the CDC in the interim period prior to dissolution to certain "enforceable obligations" and to actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8; and WHEREAS, as part of this wind up process, all redevelopment agencies are required to file a schedule of those "enforceable obligations" that require payments to be made through the end of the calendar year 2011 ("Enforceable Obligations Payment Schedule"); and WHEREAS, the dissolution of the CDC would be detrimental to the health, safety and economic well-being of the residents of the City, and would cause irreparable harm to the community because, among other reasons, the redevelopment activities and projects made possible, implemented and funded by the CDC are highly significant and of enduring benefit to the community and the City and are a critical component of the City's future; and WHEREAS, Part 1.9 of Division 24 of the CRL added by the 2011 Redevelopment Legislation ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9; and Resolution No. 2011 — September 27, 2011 Page Two WHEREAS, pursuant to Part 1.9, Parts 1.8 and 1.85 of Division 24 of the CRL, which include the Enforceable Obligations Payment Schedule requirement, will not apply to the CDC if the City enacts the ordinance to participate in the Alternative Voluntary Redevelopment Program, which allows a community's redevelopment agency to continue operating, without the constraints of California Health and Safety Code Section 34161, et seq.,; and WHEREAS, on August 2, 2011, the City Council of the City of National City adopted Ordinance No. 2011-2365 (the "Ordinance") authorizing the City to participate in the Alternative Voluntary Redevelopment Program in order to allow the CDC to continue in operation and performing its functions; and WHEREAS, on July 18, 2011, the California Redevelopment Association, League of California Cities, City of Union City, City of San Jose, and John F. Shirey filed a petition for Writ of Mandate; Application for Temporary Stay, and supporting memorandum and declarations with the Supreme Court of the State of California (the "Petition"); and WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the Petition challenging the constitutionality of the 2011 Redevelopment Legislation and ordered a stay (the "Supreme Court Stay") relative to specified portions of the2011 Redevelopment Legislation; and WHEREAS, on August 17, 2011, the California Supreme Court revised the Supreme Court Stay; and WHEREAS, the Supreme Court Stay postponed certain provisions of the 2011 Redevelopment Legislation indefinitely, but left in place provisions prohibiting redevelopment agencies from making any payments after the date that is sixty (60) days from the effective date of the Dissolution Act, other than debt service payments and payments listed on an adopted Enforceable Obligation Payment Schedule; and WHEREAS, on August 24, 2011, the CDC approved its Enforceable Obligation Payment Schedule ("EOPS"); and WHEREAS, consistent with and pursuant to both the 2011 Tax Allocation Bond issuance and the Cooperation Agreements between the CDC and the City, the City approved two contracts related to the National City Aquatic Center (a bond project) on September 6, 2011; and WHEREAS, it is desirable to amend the EOPS to identify these two contractual obligations; and WHEREAS, the administrative costs have been broken down into monthly payments, where as they were shown only as a lump sum; and WHEREAS, subject to the contingencies and reservations set forth herein, the CDC nevertheless desires to adopt an amended Enforceable Obligations Payment Schedule, and to amend it from time to time as necessary; and Resolution No. 2011 — September 27, 2011 Page Three WHEREAS, the CDC, by adoption of this Resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of the 2011 Redevelopment Legislation, but rather the CDC seeks to comply with the Constitution and the laws of the State of California, including the 2011 Redevelopment Legislation, in order to preserve the ability of the CDC to continue to operate and perform its obligations and thereby benefit the community; and NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City as follows: Section 1. Section 2. Section 3. Section 4. The foregoing Recitals are true and correct, and incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Pursuant to California Health and Safety Code Section 34169, the CDC hereby adopts an amended Enforceable Obligations Payment Schedule, as described herein, and subject to all the reservations set forth in that resolution adopting the EOPS on August 24, 2011. The Enforceable Obligations Payment Schedule is that "Enforceable Obligations Payment Schedule" referred to in Health and Safety Code Section 34169(g) and shall be interpreted and applied in all respects in accordance with such section and the California Redevelopment Law, to the fullest extent permitted by law. However, the Enforceable Obligations Payment Schedule shall only be applicable to and binding on the CDC to the extent that Part 1.8 of the 2011 Redevelopment Legislation is applicable to the CDC. To the extent that Part 1.8 is not applicable to the CDC, whether because of the City's enactment of the Ordinance or for any other reason, the amended Enforceable Obligations Payment Schedule shall not be binding on or control the CDC's payments on or performance of its obligations. The Executive Director, or designee, is hereby authorized and directed to: (i) post the amended Enforceable Obligations Payment Schedule on the City's website; (ii) notify the County Auditor -Controller, the State Controller, and the State Department of Finance; and (iii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution and to implement the amended Enforceable Obligation Payment Schedule on behalf of the CDC. The Executive Director of the CDC is hereby authorized and directed to evaluate potential amendments to the Enforceable Obligations Payment Schedule from time to time as may be appropriate, and to recommend to the Board of the CDC the adoption of those amendments necessary for the continued payment on and performance of enforceable obligations. Resolution No. 2011 — September 27, 2011 Page Four Section 5. This Resolution shall in no way be construed as requiring the City to abide by the 2011 Redevelopment Legislation in the event either, or both, bills are found unconstitutional or otherwise legally invalid in whole or in part, nor shall this Resolution effect or give rise to any waiver of right or remedies the City may have, whether in law or in equity, to challenge the 2011 Redevelopment Legislation. This Resolution shall not be construed as the City's willing acceptance of, or concurrence with the 2011 Redevelopment Legislation, either ABx1 26 or ABx1 27; nor does this Resolution evidence any assertion or belief whatsoever on the part of the City that the 2011 Redevelopment Legislation is/are constitutional or lawful. Section 6. The City Clerk shall certify to the adoption of this Resolution, which shall take effect upon the date of its adoption. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel City of National City Enforceable Obligations Schedule Amended Date: September 27. 2011 Project Name/Obligation Payee(s) Description Total Payment Amount Payment Date Thru December 31, 2011 August September October November December 8 Loan CaIREUse Loan for investigation of brownfield site - 835 Bay Marina Dr $ 32,694.00 9 Property Management CDC properties Kimball House National City Historical Society Annual payment per lease agreement $ 5,000.00 $ 5,000.00 CDC properties in perpetuity EDCO Trash hauling all RDA owned properties $ 1,895.00 $ 104.75 $104.75 $ 104.75 $ 104.75 $104.75 Temporary Aquatic Center Power Plus Rental of temporary power poles $ 3,000.00 $ 195.00 $195.00 $ 195.00 $ 195.00 $195.00 CDC properties in perpetuity SDG&E Electricity & gas for RDA properties $ 4,827.63 $ 402.30 $402.30 $ 402.30 $ 402.30 $402.30 Old Library redevelopment Stanley Sonitrol Fire alarm monitoring $ 485.40 $ 242.70 CDC properties Sweetwater Authority Water including irrigation RDA properties $ 14,960.64 $ 1,250.00 $1,250.00 $ 1,250.00 $ 1,250.00 $1,250.00 Palm Plaza National Construction Rental Temporary fending of RDA site $ 790.70 10 Administrative Expenses City of National City Staff and M & 0 admin charges $ 1,508,878.60 $ 125,739.89 $125,739.89 $ 125,739.89 $ 125,739.89 $125,739.89 County of San Diego Environmental Oversight Remediation and Testing for Education Village, ACE, 2501 Cleveland, 835 Bay Marina Drive $ 182,415.00 $1,800.00 $1,800.00 GeoSyntec Consultants $ 15,000.00 $2,000.00 $ 500.00 $ 15,000.00 5500.00 Port of San Diego Joint Planning $ 31,696.00 $ 31,696.00 GeoSyntec Consultants PSI Environmental Investigation 5 59,946.00 Project Professionals Corporation - Marina Gateway Streetscape $ 2,500.00 $ 2,500.00 Tierra West Advisors RDA Plan Amendment $ 18,059.00 Best Best & Krieger, LLP litigation Support $ 60,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 $ 10,000.00 $10,000.00 Carolyn St Clair Award Display Box $ 826.55 $826.55 Federal Express Delivery Service $ 900.00 $ 21.00 $21.00 $ 35.00 5 35.00 521.00 Kane, Ballmer, & Berkman Legal support for state actions on Redevelopment $ 11,248.53 $6,500.00 Sohagi Law Group General Plan Update $ 13,000.00 $13,000.00 Keagy Real Estate Appraisal Services for Westside Amortization $ 15,000.00 $ 15,000.00 PGP $ 15,000.00 $ 15,000.00 Ken Carpenter $ 15,000.00 5 15,000.00 Keyser Marston Associates Economic Analysis per 33433 $ 50,000.00 Highland Park, LLC Legal settlement, Purple Cow $ 64,000.00 Opper & Varco, LLP Litigation Support for Education Village $ 5,000.00 $ 1,300.00 52,000.00 $ 1,000.00 Christensen & Spath, LLP Litigation Support for ARE Holdings $ 110,400.00 $ 9,200.00 $9,200.00 $ 9,200.00 5 9,200.00 $9,200.00 San Diego Clipping Service Record Keeping 5 706.50 City of San Diego Admin services for SD Regional Enterprise Zone $ 51,000.00 $ 51,000.00 Union Tribune Public Noticing $ 10,000.00 Yolanda Teresa Lopez Translation and Interpretation Services 5 450.00 Total All Pages $ 27,189,936.92 $ 3,671,841.71 $747,208.66 $ 615,987.67 $ 648,190.87 $1,835,851.17 (HIBIT A 2 City of National City Enforceable Obligations Schedule Amended Date: September 27, 2011 Project Name/Obligation Payee(s) Description Total Payment Amount Payment Date Thru December 31, 2011 August September October November December 1 WI-TOD (DDA for 201-unit Affordable Transit -Oriented Housing project) Paradise Creek Housing Partners Pre -development loan 5 3,741,600.00 $60,000.00 $ 60,000.00 $75,000.00 WI-TOD City of National City Public Works relocation $ 61,901.50 $ 12,380.30 $12,380.30 $ 15,475.38 $ 15,475.38 515,475.38 WI-TOD E2 ManageTech Remediation planning $ 29,004.38 $ 3,000.00 $6,004.38 $ 3,000.00 $ 10,000.00 $7,000.00 WI-TOD City of National City/DTSC Environmental oversight $ 16,552.64 516,552.64 WI-TOD Opper & Varco, LLP Environmental outside counsel $ 5,000.00 $ 1,200.00 52,000.00 $ 1,500.00 $ 300.00 2 SRS4 and National City Blvd Infrastructure Improvements City of National City Off ramp and street improvements necessary to redevelop "RCP Site" APN 8562-321-08 5 2,500,000.00 3 Capital Improvement Projects 8th St Safe Routes to School City of National City (Harris & Associates) Matching funds - state grant 5 211,466.00 $ 42,289.20 5 42,289.20 $ 42,289.20 $ 42,289.20 $ 42,289.20 D Ave Roundabout & Pedestrian Enhance City of National City (Kimley-Horn) Street improvement design $ 202,684.50 $ 40,536.90 $ 40,536.90 $ 40,536.90 $ 40,536.90 $ 40,536.90 Coolidge Avenue Safe Routes to School City of National City (Kimley-Horn) Design -federal grant rnatch $ 184,159.00 5 36,831.80 $ 36,831.80 $ 36,831.80 $ 36,831.80 $ 36,831.80 Las Palmas Park Facilities Plan City of National City (Kimley-Horn) Design - park improvements 5 166,260.40 5 33,252.08 5 33,252.08 $ 33,252.08 $ 33,252.08 $ 33,252.08 Pacific Steel GeoSyntec Consultants Environmental engineering 1500 Cleveland Ave 5 60,000.00 Kimball Park Improvements City of National City (Kimley-Horn) Park improvements - design $ 156,998.10 5 31,399.62 $ 31,399.62 $ 31,399.62 $ 31,399.62 $ 31,399.62 Aquatic Center Safdie Rabines Architects Architectural services 5 17,616.50 $17,616.50 Aquatic Center Project Professionals Corporation Project Management, bid support $ 12,000.00 $12,000,00 Aquatic Center Port of San Diego Rent $ 30.00 $30.00 Aquatic Center City of National City Building permit $ 12,317.35 $ 12,317.35 $108,930.23 $ 108,930.23 5 16,590.73 $16,590.73 4 Bond Obligations Duetsche Bank National Trust Co. Priniciple and Interest Payments and Disclosure 1999 $ 329,425,00 5 164,712.00 2004 $ 491,130.00 $ 245,565.00 2005 $ 4,225,443.00 $ 2,112,721.50 2011 $ 1,055,763.00 5 527,881.50 5 Low -Mod Housing Set -aside City of National City Allocation of 20% of property tax increment to affordable housing programs and projects $ 2,467,834.00 51,233,917.00 6 ABX1 27 State of California Payment to State of California to reinstate RDA $ 4,869,134,00 **appeal has been filed 7 Payments to other Governments Lower Sweetwater County of San Diego County of San Diego Office of Education Southwestern College City of National City National City Elementary District Sweetwater Union District MWD SDCWA Fiscal agent fees City of National City CWA National City Admin Fees $ 1,433.00 $ 166,400.00 $ 763,264.00 $ 287,403.00 $ 268,708.00 $ 609,984.00 $ 70,111.00 5 42,899.00 $ 5,837.00 $ 10,000.00 $ 1,852,145.00 $ 5,754.00 $ 154,345.52 $154,345.52 $ 154,345.52 $ 154,345.52 $154,345.52 EXHIBIT A 1 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. 'EM TITLE: IA resolution of the Community Development Commission of the City of National City adopting its Initial Draft Recognized Obligations Payment Schedule.. PREPARED BY: Patricia Beard DEPARTMENT: Re APPROVED BY: PHONE: 4255 •I'r ecial Projects EXPLANATION: The 2011 California Redevelopment Legislation (AB X1 26 & 27) were approved by the State Legislature on June 15, 2011 and signed into law by the Governor on June 28, 2011. This Legislation, which provides for the statewide dissolution of redevelopment agencies, requires all agencies, including the CDC, to file a Recognized Obligations Payment Schedule showing required payments from January — June, 2012 by no later than September 30, 2011. The attached Initial Draft Recognized Obligations Payment Schedule was prepared by staff in response to said requirement. I FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not applicable. Multiple accounts are impacted by this matter. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Initial Draft Recognized Obligations Payment Schedule RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A PRELIMINARY DRAFT OF THE INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO SECTION 34169(h) OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, the Community Development Commission of the City of National City ("CDC") is a public body, corporate, politic, formed, organized, and exercising its powers and existing pursuant to the Califomia Community Redevelopment Law, Health and Safety Code Section 33000, et seq., (the "CRL"), and specifically formed by the City Council of the City of National City; and WHEREAS, continued redevelopment to eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, and enter into partnerships with private industries to create jobs and expand the local economy is vital to the health, safety and welfare of the City; and WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the CRL were added by Assembly Bill x1 26 and Assembly Bill x1 27 (together the "2011 Redevelopment Legislation"), which laws purported to become effective immediately; and WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills to the Fiscal Year 2011-2012 Califomia budget bills that were approved by both houses of the State Legislature on June 15, 2011, and signed by the Governor on June 28, 2011; and WHEREAS, part 1.85 of the CRL (the "Dissolution Act") added by the 2011 Redevelopment Legislation ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the CDC (but not dissolution of the housing authority thereof), as of October 1, 2011, and provides that, thereafter, a successor agency will administer the enforceable obligations of the redevelopment agency of the CDC and otherwise wind up the CDC's affairs, all subject to the review and approval of an oversight committee; and WHEREAS, as part of this wind up process, all redevelopment agencies are required to prepare a preliminary draft of the initial recognized obligation payment schedule listing payments to be made January 2012 through the end of June 2012; and WHEREAS, the dissolution of the CDC would be detrimental to the health, safety and economic well-being of the residents of the City, and would cause irreparable harm to the community because, among other reasons, the redevelopment activities and projects made possible, implemented and funded by the CDC are highly significant and of enduring benefit to the community and the City and are a critical component of the City's future; and WHEREAS, Part 1.9 of Division 24 of the CRL added by the 2011 Redevelopment Legislation ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9; and Resolution No. 2011 — September 27, 2011 Page Two WHEREAS, pursuant to Part 1.9, Parts 1.8 and 1.85 of Division 24 of the CRL, which include the preliminary draft of the initial recognized obligation payment schedule requirement, will not apply to the CDC if the City enacts the ordinance to participate in the Alternative Voluntary Redevelopment Program, which allows a community's redevelopment agency to continue operating, without the constraints of California Health and Safety Code Section 34161, et seq.; and WHEREAS, on August 2, 2011, the City Council of the City of National City adopted Ordinance No. 2011-2365 (the "Ordinance") authorizing the City to participate in the Alternative Voluntary Redevelopment Program in order to allow the CDC to continue in operation and performing its functions; and WHEREAS, on July 18, 2011, the California Redevelopment Association, League of California Cities, City of Union City, City of San Jose, and John F. Shirey filed a petition for Writ of Mandate; Application for Temporary Stay, and supporting memorandum and declarations with the Supreme Court of the State of California (the "Petition"); and WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the Petition challenging the constitutionality of the 2011 Redevelopment Legislation and ordered a stay (the "Supreme Court Stay") relative to specified portions of the2011 Redevelopment Legislation; and WHEREAS, on August 17, 2011, the California Supreme Court revised the Supreme Court Stay; and WHEREAS, the Supreme Court Stay postponed certain provisions of the 2011 Redevelopment Legislation indefinitely, but left in place provisions requiring a preliminary draft of the initial recognized obligation payment schedule; and WHEREAS, subject to the contingencies and reservations set forth herein, the CDC nevertheless desires to adopt a preliminary draft of the initial recognized obligation payment schedule; and WHEREAS, the CDC, by adoption of this Resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of the 2011 Redevelopment Legislation, but rather the CDC seeks to comply with the Constitution and the laws of the State of California, including the 2011 Redevelopment Legislation, in order to preserve the ability of the CDC to continue to operate and perform its obligations and thereby benefit the community. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City as follows: Section 1. The foregoing Recitals are true and correct, and incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Resolution No. 2011 — September 27, 2011 Page Three Section 2. Section 3. Section 4. Pursuant to California Health and Safety Code Section 34169, the CDC hereby adopts the preliminary draft of the initial recognized obligation payment schedule. The preliminary draft of the initial recognized obligation payment schedule is that which is referred to in Health and Safety Code Section 34169(h), and shall be interpreted and applied in all respects in accordance with such section and the California Redevelopment Law, to the fullest extent permitted by law. However, it is applicable to and binding on the CDC only to the extent that Part 1.8 of the 2011 Redevelopment Legislation is applicable to the CDC. The Executive Director, or designee, is hereby authorized and directed to: (i) post the preliminary draft of the initial recognized obligation payment schedule on the City's website; (ii) notify the County Auditor -Controller, the State Controller and the State Department of Finance concerning the posting of such document; and (iii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution. This Resolution shall in no way be construed as requiring the City to abide by the 2011 Redevelopment Legislation in the event either, or both, bills are found unconstitutional or otherwise legally invalid in whole or in part, nor shall this Resolution effect or give rise to any waiver of right or remedies the City may have, whether in law or in equity, to challenge the 2011 Redevelopment Legislation. This Resolution shall not be construed as the City's willing acceptance of, or concurrence with the 2011 Redevelopment Legislation, either ABx1 26 or ABx1 27; nor does this Resolution evidence any assertion or belief whatsoever on the part of the City that the 2011 Redevelopment Legislation is/are constitutional or lawful. Section 5. The City Clerk shall certify to the adoption of this Resolution, which shall take effect upon the date of its adoption. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia Gacitua Silva CDC General Counsel City of National City Preliminary Draft Initial Recognized Obligation Payment Schedule (For Successor Agency) September 27, 2011 Project Name/Obligation Payee(s) Description Source of Payment Total Payment Amount Payment Date: January 1 - June 30, 2012 January February March April May June 1 WI-TOD (DDA for 201-unit Affordable Transit -Oriented Housing project) Paradise Creek Housing Partners Pre -development loan 2011 Tax Allocation Bonds $ 3,741,600.00 $ 594,433.34 5594,433.34 $ 594,433.34 $ 594,433.34 $594,433.34 5594 433.34 WI-TOD City of National City Public Works relocation Low -Mod Housing funds $ 2,000,000.00 $ 15,000.00 $15,000.00 $ 500,000.00 $ 100,000.00 $200,000.00 $200,000.00 WI-TOD E2 ManageTech Remediati on oversight Low -Mod Housing funds $ 29,004.38 $ 5,444.45 $5,445.45 $ 5,445.45 $ 5,445.00 $5,445.45 $5,445.45 WI-TOD City of National City (Opper& Varco) Environmental outside counsel Low Mod Housing Funds $ 7,000.00 $ 1,166.67 $1,166.67 $ 1,166.67 $ 1,166.67 $1,166.67 $1,166.67 WI-TOD City of National City (DTSC) Environmental oversight Low -Mod Housing funds $ 75,984.00 $ 4,221.34 $4,221.34 $ 4,221.34 $ 4,221.34 $4,221.34 $4,221.34 WI-TOD Paradise Creek Housing Partners Commission Subordinate Loan (subsidy) Low -Mod Reserve funds $ 6,250,000.00 $6,250,000.00 2 SR54 and National City Blvd Infrastructure Improvements City of National City Off ramp and street improvements necessary to redevelop "RCP Site" APN 8562-321-08 2011 Tax Allocation Bonds $ 2,500,000.00 $830,000.00 3 Capital Improvement Projects 8th St Transnet Smart Growth project City of National City Matching funds - state grant 2011 Tax Allocation Bonds $ 500,000.00 $ 41,666.67 $41,666.67 $ 41,666.67 $ 41,666.67 541,666.67 $41,666.67 8th St Transnet Smart Growth project City of National City Matching funds - state grant 2011 Tax Allocation Bonds $ 800,000.00 $ 66,666.67 566,666.67 $ 66,666.67 $ 66,666.67 $66,666.67 $66,666.67 8th St Transnet Smart Growth project City of National City Matching funds - state grant Redevelopment Property Tax Trust Fund $ 250,000.00 $ 13,175.69 $13,175.69 $ 13,175.69 5 13,175.65 $13,175.69 $13,175.69 8th St Transnet Smart Growth project City of National City Matching funds - state grant Redevelopment Property Tax Trust Fund $500,000 $ 41,666.67 541,666.67 $ 41,666.67 $ 41,666.67 $41,666.67 541,666.67 8th St Safe Routes to School City of National City (Harris & Associates) Matching funds - federal grant Redevelopment Property Tax Trust Fund $ 200,000.00 $ 33,333.34 $33,333.34 $ 33,333.34 $ 33,333.34 $33,333.34 $33,333.34 D Ave Roundabout & Pedestrian Enhancement City of National City (Kimley-Horn) Street improvement design Redevelopment Property Tax Trust Fund $ 202,684.50 $ 33,780.85 Coolidge Avenue Safe Routes to School City of National City (Kimley-Horn) Design -federal grant match Redevelopment Property Tax Trust Fund $ 184,159.00 $ 30,693.17 Las Palmas Park Facilities Plan City of National City (Kimley-Horn) Design - park improvements 2011 Tax Allocation Bonds $ 166,260.40 $ 27,770.07 Kimball Park Improvements City of National City (Kimley-Horn) Park improvements - design 2011 Tax Allocation Bonds $ 156,998.10 $ 26,166.35 Street resurfacing City of National City (Sewer Fund) Repay loan to sewer fund Redevelopment Property Tax Trust Fund 52,000,000 $340,000.00 Aquatic Center City of National City Construction, construction management 2011 Tax Allocation Bonds $ 4,000,000.00 $ 270,477.73 $270,477.73 $ 270,477.73 $ 270,477.73 $270,477.73 $270,477.73 4 Bond Obligations Bank of New York, Duetsche Bank National Trust Co. Priniciple and Interest Payments and Disclosure 1999 Bond proceeds $ 329,425.00 $329,425.00 2004 Bond proceeds $ 491,130.00 $491,130.00 2005 Bond proceeds $ 4,225,443.00 $4,225,443.00 2011 Bond proceeds $ 1,055,763.00 5 Low -Mod Housing Set -aside City of National City Allocation of 20% of property tax increment to affordable housing programs and projects Redevelopment Property Tax Trust Fund $ 2,467,834.00 $1,233,917.00 6 ABX1 27 State of California Payment to State of California to reinstate RDA Redevelopment Property Tax Trust Fund $ 4,869,134.00 $ 4,869,134.00 *appeal has been filed 7 Payments to other Governments Lower Sweetwater Admin Fees Redevelopment Property Tax Trust Fund $ 1,433.00 $1,433.00 County of San Diego Redevelopment Property Tax Trust Fund $ 166,400.00 $166,400.00 County of San Diego Redevelopment Property Tax Trust Fund 5 763,264.00 $763,264.00 Office of Education Redevelopment Property Tax Trust Fund $ 287,403.00 $287,403.00 Southwestern College Redevelopment Property Tax Trust Fund 5 268,708.00 $268,708.00 City of National City Redevelopment Property Tax Trust Fund $ 609,984.00 $609,984.00 National City Elementary District Redevelopment Property Tax Trust Fund $ 70,111.00 S70,111.00 Sweetwater Union District Redevelopment Property Tax Trust Fund $ 42,899.00 $42,899.00 MWD SDCWA Redevelopment Property Tau Trust Fund 5 5,837.00 55,837.00 Fiscal agent fees Redevelopment Property Tax Trust Fund $ 10,000.00 $30,000.00 City of National City Redevelopment Property Tax Trust Fund $ 1,852,145.00 $ 154,345.52 5154,345.52 $ 154,345.52 $ 154,345.52 $154,345.52 $154,345.32 CWA National City Redevelopment Property Tax Trust Fund $ 5,754.00 $5,754.00 EXHIBIT A City of National City Preliminary Draft Initial Recognized Obligation Payment Schedule (For Successor Agency) September 27, 2011 Project Name/Obligation Payee(s) Description Source of Payment Total Payment Amount Payment Date: Jai nary 1 - June 30, 2012 .January February March April May June 8 Loan - 835 Bay Marina Drive CaIREUse Loan for investigation of brownfield site 835 Bay Marina Dr - Redevelopment Property Tax Trust Fund $ 32,694.00 9 Property Management CDC properties City of National City Maintenance of properties per Property Management Agreement reso 0 2011-34 Redevelopment Property Tax Trust Fund $ 556,468.00 5556,468.00 Kimball House National City Historical Society Annual payment per lease agreement Redevelopment Property Tax Trust Fund $ 5,000.00 Temporary Aquatic Center Power Plus Rental of temporary power poles Redevelopment Property Tax Trust Fund $ 3,000.00 $ 195.00 $195.00 $ 195.00 $ 195.00 5195.00 $195.00 10 Administrative Expenses City of National City Staff and M & 0 admin charges Redevelopment Property Tax Trust Fund & Low Mod Housing Funds $ 3,450,000.00 $ 287,500.00 $287,500.00 $ 287,500.00 $ 287,500.00 $287,500.00 5287,500.00 County of San Diego Environmental Oversight Remediation and Testing for Education Village, ACE, 2501 Cleveland, 835 Bay Marina Drive Redevelopment Property Tax Trust Fund $ 182,415.00 51,800.00 $1,800.00 GeoSyntec Consultants $ 15,000.00 $2,000.00 $ 500.00 $ 15,000.00 $500.00 $500.00 City of National City (Opper and Varco) Outside Counsel - Education Village environmental Redevelopment Property Tax Trust Fund $ 6,000.00 $ 1,000.00_ $1,000.00 5 1,000.00 $ 1,000.00 $1,000.00 51,000.00 Best Best & Krieger, LLP Litigation Support (CYAC vs CDC et al) Redevelopment Property Tax 5 60,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 5 10,000.00 $10,000.00 $10,000.00 Kane, Ballmer, & Berkman Legal support for Redevelopment matters Redevelopment Property Tax Trust Fund $ 11,248.53 $ 1,874.76 $1,874.76 $ 1,874.76 $ 1,874.76 51,874.76 $1,874.76 City of National City (Sohagi Law Group) Litigation Support (Victor Nunez & City of National City and National City Planning Commission) Redevelopment Property Tax Trust Fund $ 101,000.00 $ 8,416.67 $8,416.67 $ 8,416.67 $ 8,416.67 $8,416.67 $8,416.67 Keagy Real Estate Appraisal Services for Westside Amortization Redevelopment Property Tax $ 15,000.00 $ 2,500.00 $2,500.00 $ 2,500.00 $ 2,500.00 $2,500.00 $2,500.00 PGP $ 15,000.00 $ 2,500.00 52,500.00 $ 2,500.00 $ 2,500.00 $2,500.00 $2,500.00 Kent Carpenter $ 15,000.00 $ 2,500.00 $2,500.00 $ 2,500.00 $ 2,500.00 $2,500.00 $2,500.00 Keyser Marston Associates Economic Analysis per 33433 Other- developer deposit $ 50,000.00 $ 8,333.34 $8,333.34 $ 8,333.34 $ 8,333.34 $8,333.34 $8,333.34 Highland Park, LIC Legal settlement, Purple Cow Low -Mod Housing Fund $ 64,000.00 Christensen & Spath, LLP Litigation Support for ARE Holdings Redevelopment Property Tax Trust Fund $ 89,675.54 $ 9,200.00 $9,200.00 $ 9,200.00 $ 9,200.00 59,200.00 $9,200.00 City of San Diego Admin and marketing services for SD Regional Enterprise Zone Redevelopment Property Tax Trust Fund $ 51,000.00 5 12,750.00 $ 12,750.00 Union Tribune Public Noticing Redevelopment Property Tax Trust Fund $ 10,000.00 National City Chamber of Commerce Enterprize Zone administration and marketing Redevelopment Property Tax Trust Fund 50,000 $ 12,500.00 $ 12,500.00 South County Economic Development Council Membership Redevelopment Property Tax Trust Fund 57,500 Yolanda Teresa Lopez Translation and Interpretation Services Redevelopment Property Tax Trust Fund $ 1,680.00 $ 140.00 $140.00 $ 140.00 $ 140.00 $140.00 $140.00 Total All Pages $ 45,825,355.8C $ 6,615,869.65 $6,734,487.09 $ 2,170,189.09 $ 1,717,599.10 $1,779,649.59 513,203,436.66 2 EXIHIBIT A CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: September 27, 2011 AGENDA ITEM NO. [36 „EM TITLE: (A resolution of the Community Development Commission of the City of National City approving an agreement not to exceed $74,984 with the Department of Toxic Substance Control providing environmental oversight of remediation and closure for the 12.75 acre Westside Infill Transit Oriented Development site (2200 and 2020 Hoover Avenue). (Low -Mod Housing Funds) (Companion Item). PREPARED BY: Patricia Beard DEPARTMENT: Redevelop nt/Speci I Projects APPROVED BY: PHONE: 4255 EXPLANATION: The Department of Toxic Substances Control ("DTSC") is a qualified State environmental regulator which has been working with the City to understand the site conditions at the Westside Infill Transit Oriented Development ("WI-TOD") site since 2008. Now that the site conditions are understood and remediation planning is underway, a formal agreement is necessary to provide funding to DTSC toxicologists to review the plan and approve it, oversee implementation and ultimately deem the site environmentally safe for a residential project. The proposed Agreement was drafted by CDC outside counsel and includes the history, environmental conditions, remediation approach and public information approach to site clean-up. On February 15, 2011 the City and CDC approved a Cooperation Agreement in which the City agreed to fulfill the obligations required for the WI-TOD, under which the City considered this agreement tonight co that payments can be made to the DTSC. The CDC is also asked to approve the agreement, which linked to the Polanco Redevelopment Act and allows fulfillment of the remediation responsibilities aquired under the Disposition and Development Agreement adopted by the CDC on June 21, 2011. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 522-409-500-598-3934. This Agreement would provide that an amount not to exceed $74,984 could be paid to the DTSC for environmental oversight of the WI-TOD site remediation. Actual payment may be lower. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: "'TACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A PROJECT ENVIRONMENTAL OVERSIGHT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, THE CITY OF NATIONAL CITY, AND THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOT TO EXCEED $74,984 FOR OVERSIGHT OF THE PROPERTY MITIGATION PLAN FOR THE WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT WHEREAS, on June 21, 2011, the Community Development Commission ("CDC") entered into a Disposition and Development Agreement for the development of the Westside InfiII Transit Oriented Development; and WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the CDC adopted on February 15, 2011, the City of National City is undertaking development of the WI-TOD on behalf of the CDC; and WHEREAS, development of the project requires the implementation of a Property Mitigation Plan to ensure the appropriate clean-up and treatment of hazardous materials in preparation for the site to be redeveloped for affordable housing; and WHEREAS, the Department of Toxic Substances Control is a qualified Regulatory Agency designated to oversee handling of hazardous materials on redevelopment project sites; and WHEREAS, a Project Environmental Oversight Agreement provides necessary flexibility for the CDC to use its authority under the Polanco Redevelopment Act to provide environmental immunity, and assume a leadership role in implementing and completing the Property Mitigation Plan. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Project Environmental Oversight Agreement by and between the Community Development Commission of the City of National City, the City of National City, and the California Department of Toxic Substances Control not to exceed $74,984 for oversight of the Property Mitigation Plan for the Westside InfiII Transit Oriented Development. Said Project Environmental Oversight Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 27th day of September, 2011. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia Gacitua Silva CDC General Counsel City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 1 of 19 EXHIBIT A (Reimbursement Agreement) SCOPE OF WORK A. The City of National City/Community Development Commission, (Applicant) agrees to reimburse the Department of Toxic Substances Control (DTSC) for DTSC's costs incurred in providing review, consultation and/or processing application(s) or request(s) made by Applicant. The details of the Scope of Work are described in the Environmental Oversight Agreement (EOA), Exhibit A, Pages 2-19 incorporated by this reference. B. The EOA Contract/Project Managers during the term of this Contract will be: State Agency: Applicant: Department of Toxic Substances Control: City of National City/Community Development Commission Maryam Tasnif-Abbasi Hazardous Substances Scientist 5796 Corporate Avenue Cypress, California 90630 mtasnifadtsc.ca.gov Patricia Beard Redevelopment Manager City Community Development Commission National City, CDC 1243 National City Boulevard National City, California 91950 PBeard(c�nationalcityca.gov Phone: 714-484-5489 Phone: 619-336-4255 Fax: 714-484-5438 Fax: 619-336-4286 Department of Toxic Substances Control: City of National City/Community Development Commission Thomas M. Cota Performance Manager Brownfields Environmental Restoration Prgm 5796 Corporate Avenue Cypress, California 90630 tcata(a�dtsc.ca.gov Brad Raulston Executive Director National City, CDC 1243 National City Boulevard National City, California 91950 PBeard(c�nationalcityca.gov Phone: 714-240-9253 Phone: 619-336-4255 Fax: 714-484-5438 Fax: 619-336-4286 City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 2 of 19 Environmental Oversight Agreement For the City of National City Contract No. INTRODUCTION This Environmental Oversight Agreement (Oversight Agreement) is made between the City of National City/Community Development Commission (Agency) and the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC). The Parties intend by this Oversight Agreement to establish a mutually beneficial working relationship and to cooperatively address Brownfields properties in the City of National City. The Agency and DTSC both share the mission to revitalize and reuse Brownfields properties to address known or perceived environmental contamination in order to provide significant benefits to the economy and health of surrounding communities. DTSC is committed to working in partnership with communities to restore contaminated properties to productive use, while ensuring that cleanups are protective of public health and the environment. The Agency intends to alleviate the causes and effects of blight through the construction of infrastructure improvements, improvement or construction of public facilities and public uses, promoting improvements in commercial, industrial and residential areas, removing or alleviating the negative effects of hazardous substances and improving, increasing and preserving the community's housing stock. The Oversight Agreement outlines two different scopes of work and broad approaches for DTSC to provide technical consultation, site investigation and remediation activity support. The intent of the Oversight Agreement is to establish a collaborative process that (1) provides a flexible process based upon the Redevelopment Agency's needs for the project; (2) ensures the investigation and cleanup are conducted in an environmentally sound manner; (3) requires a cleanup that results in a property that is safe for redevelopment; and (4) can provide liability relief for redevelopment agencies that complete the site characterization and cleanup process. Under this Program, DTSC can also provide consultative services to an Agency. The Agency will select the specific Scope of Work that it believes addresses its particular needs depending on whether the Agency is seeking (1) technical consultation only from DTSC, or (2) DTSC assistance and response and remediation oversight in cases where the Agency intends to proceed under the Polanco Act or other applicable laws as determined appropriate by DTSC (Exhibit C). Under this Oversight Agreement, the Agency may request (and pay for) services without any commitment to move forward with a project or a Property or group of Properties, and may request early consultation with DTSC, where desirable. 1.1. Purpose of Agreement. The purpose of this Oversight Agreement is to specify the process that will be used to evaluate Brownfields properties within the Agency's and DTSC's jurisdiction under this Oversight Agreement; to identify the properties that will be addressed under this Oversight Agreement; to facilitate the remediation of Brownfields properties and to provide a framework for the reimbursement of DTSC's oversight costs, and to assist the Agency and others in meeting the environmental requirements to obtain the immunities and protections under the Polanco Redevelopment Act set forth in Health & Safety Code §§ 33459-33459.8 (Polanco Act), and such other California and federal statutes as may be appropriate. 1.2. Parties. DTSC and the Agency are collectively the "Parties" to this Oversight Agreement. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 3 of 19 1.3. Jurisdiction. 1.3.1. Agency Jurisdiction. The Agency has general delegated authority from the State Legislature to eliminate blight pursuant to the Health and Safety Code. In addition, Health and Safety Code section 33459.1, subdivision (a)(1) of the Polanco Act authorizes the Agency to take any actions that the Agency determines are necessary and that are consistent with state and federal laws to remedy or remove a release of hazardous substances, as defined in Health and Safety Code section 33459, subdivision (c), on, under, or from a property located in a "Redevelopment Project Area," as defined in Health and Safety Code section 33320.1 (Project Area), whether the Agency owns the property or not, if any one of the conditions in Health and Safety Code section 33459.1, subdivision (b) is met. Pursuant to Health and Safety Code section 33459.1, subdivision (c), even if the conditions in Health and Safety Code section 33459.1, subdivision (b) are not met, the Agency may take actions to investigate or conduct feasibility studies or, if the Agency determines that the environmental condition of a property requires immediate action, the Agency may take actions to remedy or remove a release of hazardous substances. The Agency shall submit satisfactory evidence demonstrating its authority to enter into this agreement to contract with DTSC. Such evidence should include a resolution, motion or order confirming its authority. 1.3.2. DTSC Jurisdiction. Health and Safety Code section 25201.9 authorizes DTSC to enter into agreements to perform consultative services for the purposes of providing assistance in complying with chapter 6.8 of division 20 of the Health and Safety Code. Health and Safety Code sections 33459- 33459.8 and section 58009 authorize DTSC to take proper and necessary actions for the protection and preservation of the public health as required for the efficient exercise of DTSC's activities under the Polanco Act. 1.4 Properties. Generally, the property or group of properties that will be the subject of this Oversight Agreement are within Redevelopment Project Areas of concern to the Agency. A map of the Redevelopment Project Areas located within the Agency's jurisdiction is attached as Exhibit A. The specific properties to be included in this Oversight Agreement (Property" or group of Properties) in Exhibit A, attached to this Oversight Agreement. The Agency may propose new Redevelopment Project Areas and future properties for incorporation into this Oversight Agreement. If approved by DTSC, new • Redevelopment Project Areas will be incorporated into this Oversight Agreement and identified in Exhibit A and new Properties or groups of Properties will be incorporated into this Oversight Agreement and identified in Exhibit A. 2. AGREEMENT THE PARTIES HEREBY AGREE THAT, 2.0. Activities to be Conducted. DTSC and the Agency will undertake activities as specified in this Oversight Agreement to provide for Technical Consultation by DTSC related to site investigation, assessment, remediation and mitigation, or services related to activities to assess hazardous substances releases as may be necessary or helpful for redevelopment. For each particular Property or group of Properties, the parties acknowledge and agree that all work performed pursuant to this Oversight Agreement is intended to be consistent with Health and Safety Code sections 33459-33459.8, or Health and Safety Code sections 25300-25395.45, as appropriate. 2.0,1. Technical Consultation. Upon the request of the Agency's Oversight Agreement Manager identified under Section 2.4 and subject to availability of DTSC resources, DTSC will provide technical consultation to the Agency in accordance with the Scope of Work contained in Exhibit C attached to this Oversight Agreement. Technical consultation may include, but is not limited to, participating in meetings, conferences, workshops, and/or conference calls, researching responses to Agency's questions, reviewing existing data and preliminary City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 4 of 19 reports submitted by Agency or in DTSC's files, conducting site visits and performing general activities to scope a project, including oversight of preliminary site characterization activities. Technical consultation does not include oversight of removal, remediation or other site cleanup activities. DTSC's completion of the activities described in the Scope of Work for technical consultation shall constitute DTSC's complete performance for technical consultation under this Oversight Agreement. 2.0.2. Site -Specific Property Oversight. For each Property or group of Properties subject to this Oversight Agreement, DTSC will provide review and oversight of the activities conducted by the Agency, as appropriate, in accordance with the Scope of Work contained in Exhibit C attached to this Oversight Agreement that is developed by DTSC in consultation with the Agency pursuant to this Section 2.0.2. Tasks identified for which DTSC will provide oversight will not be implemented until DTSC's provides an approval of that Scope of Work. The Scope of Work in Exhibit C applies to a Property or group of Properties being addressed under the Polanco Act or other state and federal laws as determined appropriate by DTSC. The Agency will conduct activities in the manner specified in this Oversight Agreement in accordance with a mutually agreed upon schedule. The Agency may direct or arrange for a third party to conduct those activities in the same manner and in accordance with the same schedule. DTSC will review and provide the Agency with written comments on all Agency deliverables as described in the Scope of Work. For each Property or group of Properties, DTSC will provide oversight, as appropriate, of field activities, including but not limited to observation of sampling activities and implementation of Cleanup Plans. DTSC's completion of the activities described in the Scope of Work for each Property or group of Properties shall constitute DTSC's complete performance under this Oversight Agreement for that Property or group of Properties. 2.1. Inclusion of Properties. For each Property or group of Properties the Agency proposes for site - specific activities under this Oversight Agreement, the Agency will submit to DTSC (1) the information required under Exhibit B for that proposed Property or group of Properties; and (2) any other appropriate information. DTSC will discuss with the Agency any issues regarding incorporating a proposed Property or group of Properties into this Oversight Agreement. DTSC will provide written concurrence when it determines that incorporating a proposed Property or group of Properties into this Oversight Agreement is appropriate and will develop in consultation with the Agency a separate site -specific Scope of Work, site - specific cost estimate and schedule for the Property or group of Properties. Upon approval in writing by both the Oversight Agreement Manager for DTSC and the Agency, a revised Exhibit B, C and D for the Property or group of Properties will be incorporated into this Oversight Agreement. 2.2. Amendment of Exhibits. Upon approval in writing by the Oversight Agreement Manager for DTSC and by the Agency, Exhibits may be amended and the Exhibits, as amended, will be incorporated into this Oversight Agreement. 2.3 Additional Activities. Additional activities to the agreed upon Scope of Work may be conducted and DTSC oversight provided by amendment to an Exhibit in accordance with Sections 2.2 and 2.7. If DTSC expects additional oversight costs to be incurred related to these additional activities, DTSC will provide an estimate of the additional oversight cost to the Agency as an amendment to Exhibit D, and/or C, as applicable, as provided in section 2.7. 2.4 Oversight Agreement Managers and Project Managers. Thomas M. Cota is designated by DTSC as its Manager for this Oversight Agreement. Patricia Beard is designated by the Agency as Manager for this Oversight Agreement. Each Party to this Oversight Agreement will provide at least ten (10) days advance written notice to the other of any change in its designated Oversight Agreement Manager. DTSC and the Agency may designate a Project Manager for any Property or group of Properties incorporated into this Oversight Agreement. Both DTSC and the Agency reserve the right to appoint different Project Managers, pursuant to this Oversight Agreement, for different projects that may be ongoing at the same time. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 5 of 19 2.5 Notices and Submittals. 2.5.1 All notices, documents and communications that are to be given under this Oversight Agreement, unless otherwise specified, will be sent to the respective Parties at the following addresses To DTSC: Thomas M. Cota Performance Manager Brownfields Environmental Restoration Program 5796 Corporate Avenue Cypress, California 90630 To the Agency: Patricia Beard Redevelopment Manager Community Development Commission City of National City 1243 National City Blvd National City CA 91950 2.5.2 The parties will give such notices to known property owners and other parties as required by applicable law. (See Exhibit B for known property owners for each Property or group of Properties.) 2.6 DTSC Document Review and Approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Oversight Agreement does not meet the conditions in this Oversight Agreement or fails to protect public health or safety or the environment, DTSC will consult with the Agency and either (1) return comments to the Agency with recommended changes or (2) modify the document, with Agency concurrence, as deemed necessary and approve the document as modified. 2.7 Payment. An estimate of DTSC's oversight costs for Technical Consultation is contained in Exhibit D (as applicable) and an estimate of DTSC's oversight costs for each Property or group of Properties with respect to the Scope of Work described in Exhibit C is contained in Exhibit D. All Parties understand that a Cost Estimate will be prepared for each Property or group of Properties and incorporated into this Oversight Agreement per Section 2.1. Such Cost Estimates shall include all labor, materials and expenses incurred by DTSC in performing the services contemplated by this Oversight Agreement and specified in the Scope of Work for such Property or group of Properties. The Parties understand that the Cost Estimates set forth in Exhibits D are estimates and cannot be relied upon as the final cost figure. The Agency agrees to pay (1) all costs incurred by DTSC and in association with preparation of this Oversight Agreement and for review of documents submitted by the Agency prior to the effective date of the Oversight Agreement; and (2) all costs incurred by DTSC in implementing and providing oversight or conducting other activities pursuant to this Oversight Agreement. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of DTSC's quarterly invoice. DTSC will notify the Agency in writing when it approaches charges of sixty-five percent (65%) of the total Cost Estimate prepared for a Property or group of Properties. The parties agree to evaluate the budget to determine if either a revised estimate or scope of work is needed at the time of the written notice or whether the Agency wishes to terminate as provided in Section 24 of the Standard Provisions. If DTSC or the Agency anticipates a change in the Scope of Work or the need for revision of the Cost Estimate, DTSC will provide a revised estimate in advance of exceeding the total cost estimate. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 6 of 19 2.7.1 In anticipation of the services to be rendered under this Oversight Agreement, the Agency will make an advance payment of $37,492 to DTSC no later than thirty (30) days after the effective date of this Oversight Agreement. If the Agency's advance payment does not cover all costs payable to DTSC under this subsection, DTSC will invoice the Agency quarterly. The Agency agrees to pay the additional costs within sixty (60) days of receipt of DTSC's quarterly invoice. 2.7.2 All payments made by the Agency for activities performed for a Property or group of Properties pursuant to this Oversight Agreement will be by check made payable to the "Department of Toxic Substances Control," and bearing on its face the project code for the Property or group of Properties (See Exhibit B) and the Contract Number of this Oversight Agreement. All payments made by the Agency for DTSC activities performed pursuant to this Oversight Agreement, but not applicable to a Property or group of Properties will be by check made payable to the "Department of Toxic Substances Control" and bearing on its face the project code for this Oversight Agreement [401477 (11 WP)] and the Contract Number of this Oversight Agreement. Payments should be sent to: Department of Toxic Substances Control Accounting/Cashier 1001 I Street, 21st Floor P.O. Box 806 Sacramento, California 95812-0806 2.8 Exhibits. Standard provisions of this Oversight Agreement are contained in Exhibit E (Oversight Agreement Standard Provisions), which is attached to this Oversight Agreement. All exhibits attached to this Oversight Agreement, including Exhibit E, are incorporated into this Oversight Agreement by reference. 2.9. Effective Date. The effective date of this Oversight Agreement is the date when this Oversight Agreement is fully executed. 2.10. Representative Authority. Each undersigned representative of the Parties to this Oversight Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Oversight Agreement and to execute and legally bind the Parties to this Oversight Agreement. 2.11. Counterparts. This Oversight Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. Date: Tamarra Axton Chief, Contract Development Contracts &Business Management Branch Department of Toxic Substances Control Date: Ron Morrison Mayor City of National City City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 7 of 19 EXHIBITS A. MAP OF CITY THAT IDENTIFIES THE REDEVELOPMENT PROJECT AREA (S) WITHIN AGENCY'S JURISDICTION & PROPERTY WITHIN REDEVELOPMENT AREA B. PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY C. SITE SPECIFIC SCOPE OF WORK FOR REMEDIATION OVERSIGHT SCOPE OF WORK D. SCHEDULE AND COST ESTIMATES FOR EACH INCLUDED PROPERTY OR GROUP OF PROPERTIES FOR REMEDIATION OVERSIGHT SCOPE OF WORK E. OVERSIGHT AGREEMENT STANDARD PROVISIONS F. SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC C N 6) O CO N ,- O E E� O . N U oa • z • U Q E m• c O C E • O X >w C E E 0 U U 0 • 0 co z 0 U EXHIBIT A z_ H W 0- 0 CC 0- 0 U a N w Q Uz z w w2 a Q z =W aw w� CC 1- U w 0 cc a 1- z w a 0 J w w w City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 9 of 19 EXHIBIT B PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY Property Name, Location P Y Site Description P Site History rY mm AfjV�rtCe ' Pa me� National City Public Works Yard The Site is the "Facility- side" property of the The City has operated a public works yard at 2100 Hoover 2100 Hoover Avenue National City, California San Diego County National City Public Works Yard, located in an area of National City Avenue since 1973 when it acquired the property. Prior to the date of acquisition, the Assessor's Parcel Numbers (APNs) 559 124 05, 560-396- 06, and 560-396-08. Owned by: that is known as the Westside Neighborhood. The Public Works Yard is made up of two subject property was undeveloped. The City is planning to relocate its public works yard and redevelop the _ �r City of National City separate areas, designated as the "Facility -side" and the "Park side" properties. subject property to include residential homes. To assess whether chemicals of concern have been released to the E 3 The Facility -side property consists of an approximate 4.6-acre vehicle and equipment maintenance facility that is located on the east side of Paradise Creek. environment as a result of historic land use practices, the City has completed multiple environmental studies including a Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation (SI). In k " M" .' k: consideration of the City's intended redevelopment plans, DTSC worked with the Agency to conduct additional . investigations to determine steps needed to ensure a safe development. It was determined that localized hotspot removal and a risk based approach to the City's specific construction plans would be considered. >� ° ° y . �i k K Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011 City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 10 of 19 EXHIBIT C REMEDIATION OVERSIGHT SCOPE OF WORK CITY OF NATIONAL CITY TOD REDEVELOPMENT PROJECT The scope of work under this Oversight Agreement may include, but not be limited to, the tasks described in this exhibit. Please note that the scope of work may be modified based on Agency and Department discussions. Task 1 Property Mitigation Plan The Agency proposes submittal of a Property Mitigation Plan (PMP) to be used as a road map for project activities, consistent with the attached Schedule, for review and approval by the Department. This Plan will include additional, recently acquired data, summarize all existing data and investigations to date, and propose an overall plan for ultimate mitigation of environmental impacts at this site. Please refer to "Attachment 1" for a listing of environmental studies and reports for this site. The Agency expects to propose a PMP on a risk -based approach that will contain sufficient data to propose remedial action objectives and clean up goals, and will include an analysis of alternative remedial measures that could be used for this Project. The Agency will propose a PMP that will include the elements necessary to support its recommendations; including, for example, a risk evaluation and clean up determination for the future residential use of the Project site relying on removal of some impacted media, engineering controls to safely isolate site users from other impacted media, land use controls to advise researchers and future site owners and users about the types and locations of any impacted media left at the Project Site; with the necessary and appropriate level of analysis for the elements of a remedial alternative evaluation (sufficient to satisfy the need for a Feasibility Study); leading to a recommendation for Remedy Selection as described in Task 6. The Property Mitigation Plan (PMP) will describe and illustrate the nature and properties of the future site redevelopment project sufficiently to guide and inform the decisions required for Tasks 2, 3 and 4. The Agency will undertake its risk evaluation using DTSC-approved models, comparing risks at the site before and after implementation of risk mitigation measures, including soil excavation and offsite disposal, installation of engineering controls, and institutional controls. The Agency anticipates either including in the PMP or providing as separate deliverables information concerning: 1) Quality Assurance and Controls 2) Soil Management and transportation proposals 3) Site Preparation Plan, if required 4) Environmental Substructure and Spills Contingency Plan. The Agency shall also provide a copy of the Health and Safety Plan for the Project. TASK 2. Risk Evaluation and Cleanup Level Determination. If the Agency decides to proceed with a remedy or removal action, a scoping meeting may be held to discuss how the risk evaluation and cleanup level determination will be conducted for the Property or group of Properties. If appropriate, the Agency may conduct a risk evaluation consistent with U. S. EPA Risk Assessment Guidance for Superfund (EPA/540/1-89/002) and DTSC's Supplemental Guidance for Human Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Facilities. This City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 11 of 19 evaluation should identify the chemicals of concern and potential routes of exposure; characterize the potential risk; evaluate potential risks to environmental receptors; consider existing and contemplated uses of the Property or group of Properties; and identify site cleanup goals. If DTSC agrees, this information may be submitted in the Remedy Selection Document or Remedial Action Plan or another document combining one or more tasks contained in this agreement. The parties recognize that, depending on the site characterization and the proposed remedy or removal action, a site specific risk evaluation may not always be necessary. However, the following information must be included in the remedy selection document: identification of chemicals of concern, remedial action objectives and cleanup goals and discussion of the derivation of the cleanup goals as appropriate. TASK 3. Feasibility Study. The objective of this task is to evaluate feasible remediation and response alternatives. If the Agency decides to proceed with the remedy or removal action, reasonable potential alternatives for the remediation of a Property or group of Properties and response to the presence of hazardous substances should be evaluated, including the "no action" alternative. Such an evaluation may be incorporated in the Remedy Selection Document, or may, if the analysis is complex, be addressed in a separate study or report. The evaluation should (a) identify the goals for the cleanup based upon current and projected future land uses; (b) evaluate feasible alternatives to meet these goals; and (c) recommend a preferred alternative. The feasibility study may be included in or combined with the Remedy Selection Document or the "Remedial Action Plan" or the "Cleanup Plan" or other document, as approved by DTSC. TASK 4. Remedy Selection Document. The purpose of the Remedy Selection Document is to summarize results of the site characterization, risk evaluation and feasibility study and to describe the remedial action or removal plan. The remedy selection may be entitled "Remedy Selection Document," "Remedial Action Plan" (RAP) or "Cleanup Plan" and may include other tasks described herein. The document will address all the components The document shall address the following: (a) a description of the site, site history, site environmental setting, and contamination; (b) a summary of the risk evaluation conducted, if necessary; (c) current and contemplated land uses of the Property or group of Properties; (d) zoning and general plan designation of the Property or group of Properties; (e) the goals to be achieved by the cleanup; (f) a summary description of the feasibility study conducted; (g) a description of the recommended alternative (including any required and/or suggested land use covenants, an operation and maintenance agreement and plan, financial assurance and other operation and maintenance requirements, as appropriate); (h) implementation and enforcement plan if operation and maintenance requirements are identified or if a land use covenant is necessary; (i) the name of the party, if not the Agency, who will be responsible for implementing and operating the final remedy, including any remedy requiring a startup operation period; and (j) an administrative record list. Within sixty (60) days of DTSC's written approval of the final RAP or Cleanup Plan, DTSC will acknowledge, in writing, that upon proper completion of the final RAP or Cleanup Plan, the immunity provided by Health and Safety Code section 33459.3(b) shall apply to the Agency. TASK 5. California Environmental Quality Act (CEQA). DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 12 of 19 CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental document contains the information necessary for the Agency and DTSC to evaluate impacts from the proposed remediation. It is the goal of both DTSC and the Agency that the CEQA document be used by both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document for the RAP or Cleanup Plan. If required, the Agency shall submit the information necessary for DTSC to prepare this document. TASK 6. Implementation of Final Project Mitigation Plan (PMP) Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to proceed with implementation of a RAP or Cleanup Plan with respect to any Property or group of Properties if it determines not to do so. The Agency will provide DTSC with written notice of the Agency's decision to either implement or not implement the Final RAP or Cleanup Plan. Upon DTSC approval of the RDIP (or RAP or Cleanup Plan, if the RAP or Cleanup Plan incorporates the RDIP) and schedule, and if the Agency decides to proceed with the remedy or removal action at a Property or group of Properties, the Agency will implement or will direct the implementation of the approved final RAP, Cleanup Plan, or RDIP, as applicable, in accordance with the approved schedule. At the completion of field work, the Agency (or such other party conducting the remediation or other response or removal actions with respect to a Property or group of Properties) will submit a final Implementation Report discussing the work completed and noting any deviations from the approved plan. Within 60 days of the date DTSC finds that a remedial or removal action has been properly completed in accordance with the Final RAP or Cleanup Plan, DTSC will notify the Agency, in writing, that the immunity provided by Health and Safety Code section 33459.3, subdivision (c) is in effect. This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the satisfactory performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or that the remedy will not attain the final performance standards or cleanup goals specified in the final RAP, Cleanup Plan, or RDIP (including the implementation and enforcement of institutional controls if applicable), DTSC will, as soon as administratively feasible, notify the Agency. TASK 7. Changes During Implementation of the Final RAP or Cleanup Plan. If during implementation of the final RAP, Cleanup Plan and/or RDIP, DTSC determines that additions, modifications or revisions to such document may be necessary to protect human health and safety or the environment or to implement the final RAP, Cleanup Plan and/or RDIP, DTSC will, as soon as administratively feasible, notify the Agency and the parties will determine the appropriate revisions to such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to continue to proceed with the implementation of the modified RAP, Cleanup Plan or RDIP with respect to a Property or group of Properties if it determines not to do so. The Agency and DTSC shall identify contact personnel so that any necessary changes during implementation that may be required as a result of field conditions can be resolved, if possible, through telephone communications or on -site meetings in order to achieve "real-time" decision making and avoid construction delays. The accelerated approach set forth in the PMP requires rapid decision making based on field data and analysis. TASK 8. Public Participation. (a) The Agency and DTSC will conduct appropriate public participation activities given the nature of City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 13 of 19 the community surrounding the Property or group of Properties and the level of community interest. The Agency will work cooperatively with DTSC to ensure that the affected and interested public and community are involved in the decision -making process applicable to the clean-up of the Property or group of Properties, taking into account the Agency's existing public participation capabilities and procedures. DTSC and the Agency will strive to integrate the public participation activities associated with the RAP or Cleanup Plan with the public participation activities associated with the development of the Properties or group of Properties to the maximum extent possible. (b) A scoping meeting may be held to determine the appropriate activities that will be conducted to address public participation. If necessary, the Agency will then prepare a public participation plan for the Property or group of Properties that describes the proximity of homes and/or schools, day care facilities, churches, and similar uses; the current and proposed land uses within and adjacent to the Property or group of Properties; media interest; and involvement of community groups and elected officials. The plan shall also include a mailing list, identify appropriate information repositories, and specify the public participation activities that the Agency will undertake to provide opportunities for public involvement in site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are necessary, as well as their content, distribution and circulation, and whether a public meeting is appropriate depending on the circumstances and the nature of the remedial or removal action, as well as any other public participation procedures. More specifically, the Agency shall collaborate with DTSC to consider undertake the following public participation activities to ensure active public participation in the Project: A. Assessment of Community Interest. The Project is of high public interest to the community. Creation of additional affordable housing uses and removal of blighting conditions are a key component of the Redevelopment Plan for this portion of National City. B. Participation of Other Stakeholders. The Project was initiated by the Agency, relying on its authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health and Safety Code. Ultimately, the Project will require approval at various levels of municipal government, and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as described herein. C. Approval of Project Activities. Approval of Project activities has been and continues to be taken by the Agency's Board of Commissioners, a seven -member body created under provisions of the California Community Redevelopment Law. Agendas for meetings of the Commission are published in advance and actions are taken in public session. Most actions of the Agency are also reviewed and approved by the full City Council, and the Mayor. D. Assignment of Agency Community Affairs Specialist. Public outreach for activities to be undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary with DTSC and be responsible for liaison with appointed and elected citizen participation groups and dissemination of information to adjoining property owners, businesses, and tenants. The Agency will coordinate with DTSC on public relations activities as necessary. E. Preparation and Distribution of Fact Sheet. The Agency shall prepare a Fact Sheet on the environmental conditions found at the site, and the cleanup activities proposed to be undertaken under the PMP, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC contact persons who can provide additional information on the cleanup activities proposed, and will identify how interested parties can provide public comment on the proposed cleanup activities. The Fact Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement. F. Document Depository. The Agency shall establish and maintain a public depository of the PEA and the PMP and its supporting implementation plans for review by the public, and shall include notice of City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 14 of 19 the availability of the depository in the Fact Sheet and any public notices on cleanup plan activities. Project documents will also be maintained on the Agency's web site. G. Notices of Project Activities. The Agency shall provide notices of Project activities at key points in the implementation of the PMP and its associated redevelopment project: 1. Thirty days prior to start of physical activities at the site (additional environment investigation and clean up activities as set forth in the PMP) 2. During cleanup activities, if material changes in scope or duration occur after the original notices. 3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further Action Letter. Information notices will be distributed as follows: 1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official advisory body for redevelopment activities. It consists of appointed community residents and business representatives. 2. Neighborhood Council, as needed 3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of persons expressing interest in being kept informed of Agency activities and will mail or email the notices of Project activities to each person on the list. 4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail notices to all owners of record, and will hand -deliver notices to each business and tenant, with 500 feet of the Project site. 5. Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a sign on the Project site, noticing the activity and providing contact information. H. Additional Project Meetings as Needed. Depending on community reaction and comment to the Project activities listed above, additional meetings may be convened to provide opportunities for additional input into the cleanup activities proposed for the Project. TASK 9. Land Use Covenant. If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final RAP or Cleanup Plan will contain a requirement for a land use covenant imposing appropriate limitations on land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that are determined by DTSC as not suitable for unrestricted use of the land. If DTSC determines a land use covenant is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC. The land use covenant must be recorded in the County where the land is located prior to DTSC's determination that a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties. TASK 10. Operation and Maintenance (O&M). The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M) requirements or other institutional control measures, in accordance with the final RAP or Cleanup Plan (if needed). The Agency shall designate in the final RAP or Cleanup Plan the parties that will enter into an City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 15 of 19 O&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to certification of the Property or group of Properties. Compliance with any applicable O&M Agreement, and any land use covenant or other institutional control measures, must be included as a requirement for any new owner/lessee in a purchase and sale agreement for the Property or group of Properties. Any party that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance responsibilities at least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a new O&M Agreement. EXHIBIT E OVERSIGHT AGREEMENT STANDARD PROVISIONS 1. The Standard Provisions in this Exhibit E are incorporated by reference into and are a part of the Oversight Agreement. The Standard Provisions have been placed in this Exhibit E for reasons of administrative efficiency. 2. Payment Provisions. Subject to Section 2.7 of the Oversight Agreement, if any bill is not paid by the Agency within sixty (60) days after it is sent by DTSC, the Agency may be deemed to be in material default of this Oversight Agreement. If the advance payment submitted under Section 2.7.1 of this Oversight Agreement exceeds DTSC's actual costs for Oversight Agreement preparation, consultation, review, approval, oversight and other activities conducted under this Oversight Agreement, DTSC will provide an accounting for expenses and refund the difference within one hundred -twenty (120) days after termination of this Oversight Agreement in accordance with Section 24 of this Exhibit. In no other case will the Agency be entitled to a refund from DTSC or to assert a claim against DTSC for any amount paid or expended under this Oversight Agreement. 3. Billing Dispute Resolution. If the Agency disputes a DTSC billing, or any part of a DTSC billing, the Agency will notify DTSC's designated Oversight Agreement Manager and attempt to informally resolve the dispute. If the Agency desires to formally request dispute resolution with regard to the billing, the Agency will file a request for dispute resolution in writing within 45 days of the date of receiving the bill in dispute. The written request will describe all issues in dispute and will set forth the reasons for the dispute, both factual and legal. The Agency will send the written request to: Special Assistant for Cost Recovery and Reimbursement Policy Department of Toxic Substances Control P.O. Box 806 Sacramento, CA 95812-0806 The Agency will also send a copy of the written request for dispute resolution to the person designated in subsection 2.5.1 of this Oversight Agreement to receive submittals. A decision on the billing dispute will be rendered by the person designated above or other DTSC designee. The existence of a dispute shall not excuse, stay or suspend any other compliance obligation or deadline required pursuant to this Oversight Agreement. 4. Communications. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to the Agency in writing by DTSC's Oversight Agreement Manager or his/her designee. No informal advice, guidance, or suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Agency shall be construed to relieve the Agency of the obligation to obtain such written approvals. 5. Endangerment During Implementation. In the event DTSC determines that any activity or operations caused by or on behalf of the Agency or its agents (whether or not pursued in compliance with this Oversight Agreement) may pose an imminent or substantial endangerment to the health and safety of people on any Property or group of Properties or in the surrounding area or to the environment: i) the City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 16 of 19 Agency will take the necessary actions to abate the endangerment it created for such period of time as may be needed to abate the endangerment; or ii) if DTSC determines that conditions require DTSC to exercise its authority to abate the endangerment, the Agency may stop further implementation of this Oversight Agreement as it applies to a Property or group of Properties. However, if the Agency stops implementation, the Agency must meet the conditions under Section 12 of this Exhibit (Notification of Environmental Condition) and, if necessary, must revise the applicable Scope of Work and meet the stop - work conditions as provided in Section 23 of this Exhibit (Amendments). If DTSC determines that an endangerment is the result of Agency actions that have caused a release of hazardous substances or substantially worsened the endangerment, the Agency will take those reasonable steps DTSC determines are necessary to mitigate the condition that the Agency caused or substantially worsened and to secure the Property or group of Properties in order to avoid endangerment to the community. These steps may include installing a protective cover, constructing fencing and signage or other appropriate means to protect public health and the environment. The Agency will not be compelled to fully assess or mitigate a release of hazardous substances if DTSC determines that the Agency did not cause or substantially worsen the release. 6. Condition Precedent. It is expressly understood and agreed that DTSC's receipt of the advance payment described in subsection 2.7.1 of this Oversight Agreement is a condition precedent to any obligation of DTSC to provide consultation, oversight, review and/or comment on documents or to provide any work or perform any activity pursuant to this Oversight Agreement. 7. Record Retention. DTSC will retain all cost records associated with the work performed under this Oversight Agreement for such time periods as may be required by applicable state law. The Agency may request to inspect all documents that support DTSC's cost determination in accordance with the Public Records Act, Government Code section 6250 et seq. 8. Project Coordinator. The work performed for each Property or group of Properties pursuant to this Oversight Agreement will be under the direction and supervision of a qualified Project Coordinator, with expertise in hazardous substance and hazardous waste site cleanup. For each Property or group of Properties, the Agency will submit: a) the name and address of the Project Coordinator; and b) in order to demonstrate expertise in hazardous substance and hazardous waste site cleanup, the resume of the Project Coordinator. The Agency will promptly notify DTSC of any change in the identity of the Project Coordinator. All engineering and geological work shall be conducted in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835. 9. Access. If DTSC determines access is necessary in order to perform any of the tasks contained in Exhibit C (Technical Consultation) or Exhibit D (Remediation Oversight), the Agency will exercise its best efforts to provide access for DTSC and its representatives to the Property or group of Properties subject to this Oversight Agreement for which access is needed. In the event that such access is not provided, it is understood that the implementation of tasks identified in this agreement for the Property or group of Properties for which access cannot be obtained may not proceed. The Agency will also exercise its best efforts to provide access for DTSC and its representatives access and/or obtain access to any area beyond the boundaries of the Property or group of Properties subject to this Oversight Agreement to which access is necessary to implement this Oversight Agreement. To the extent such access is obtained by the Agency, such access will be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this section is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of any law. To the extent such access can be legally obtained by DTSC or the Agency, DTSC and its authorized representatives shall have the authority to enter and move freely about all of the property at each Property or group of Properties at all reasonable times for purposes including, but not limited to: inspecting records and operating logs, sampling activities, administering any other aspects of this Oversight Agreement relating to the Property or group of Properties, reviewing the progress of the Agency in carrying out the terms of this Oversight Agreement, conducting such tests as DTSC may determine are necessary, and verifying the data submitted to DTSC by the Agency. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 17 of 19 10. Sampling, Data and Document Availability. The Agency will submit to DTSC a listing of all known reports in its possession, including sample analysis results, environmental assessment reports, and any other information in its possession pertinent to the hazardous substance and hazardous waste management and/or release, characterization and cleanup of a Property or group of Properties. The Agency will provide copies of any non -privileged reports or information requested by DTSC and will identify privileged or other confidential documents that the Agency is not providing. The Agency will also inform DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous substance and hazardous waste management and/or release, characterization and cleanup of a Property or group of Properties, including the name of the document (if known) and the identity and address of the person/entity with possession of the document (if known). 11. Notification of Field Activities. The Agency will inform DTSC at least seven (7) days in advance of all field activities which the Agency undertakes, including activities the Agency directs a third party to undertake, pursuant to this Oversight Agreement at each Property or group of Properties and will allow DTSC and its authorized representatives to take duplicates of any samples collected by the Agency pursuant to this Oversight Agreement. 12. Notification of Environmental Condition. The Agency shall notify DTSC's Agreement Manager immediately upon learning of any condition posing an immediate threat to public health or safety or the environment. Within seven (7) days of the Agency's discovery of such a condition, the Agency shall submit a brief report to DISC, setting forth the events that occurred and the measures taken, if any, in response to those events. 13. Preservation of Documentation. The Agency will maintain a central repository of the data, reports, other documents that it prepares pursuant to this Oversight Agreement and other documents relevant to the activities conducted under this Oversight Agreement. All such data, reports and other documents regarding a specific Property or group of Properties will be preserved by the Agency for a minimum of six (6) years after the conclusion of all activities carried out under this Oversight Agreement with respect to that Property or group of Properties. If DTSC requests that some or all of these documents be preserved for a longer period of time, the Agency will either: (i) comply with that request, (ii) deliver the documents to DTSC, or (iii) permit DTSC to copy the documents prior to destruction. Following the expiration of the six -year minimum retention period for documents regarding a Property or group of Properties, the Agency will notify DTSC in writing at least ninety (90) days before destroying any documents prepared pursuant to this Oversight Agreement with respect to that Property or group of Properties. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the six year period with respect to a Property or group of Properties, the related records will be retained until the completion and resolution of all issues arising from that action or until the end of the six -year period, whichever is later. 14. Time Periods. Unless otherwise specified, time periods begin from the date this Oversight Agreement is fully executed, and "days" means calendar days. "Business days" means all calendar days that are not weekends or official State holidays. 15. Agency Liabilities. This Oversight Agreement shall not be construed in any manner as an admission by the Agency of any fact or liability of any kind, nor shall this Oversight Agreement be considered or interpreted as an admission or an assumption by the Agency of any liability or acknowledgment of liability or responsibility for the investigation or assessment of, response or remediation to any environmental condition on any Property or group of Properties or the costs of such activities, for which the Agency is not otherwise liable or responsible. Nothing in this Oversight Agreement shall constitute or be considered a satisfaction or release from liability for any condition or claim arising as a result of Agency's past, current, or future operations. Nothing in this Oversight Agreement is intended or shall be construed to limit the rights of any of the Parties with respect to claims arising out of or relating to the release, discharge, deposit or disposal of hazardous substances or hazardous wastes at the Property or group of Properties or at any other location, if such hazardous City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 18 of 19 substances or hazardous wastes are removed from a Property or group of Properties. 16. State Government Liabilities. The State of California (State) shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by the Agency or its directors, officers, employees, agents, representatives, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this Oversight Agreement. Neither DTSC nor the State may be deemed to be a party to any contract entered into by the Agency or its directors, officers, employees, agents, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this Oversight Agreement. 17. Third Party Actions. In the event that the Agency is a party to any suit or claim for damages or contribution to which DTSC is not a party, relating to a Property or group of Properties subject to this Agreement, the Agency will notify DTSC in writing within ten (10) days after service of the complaint in the third -party action. However, failure to give such notice within 10 days will not be a material breach of this agreement, and this requirement confers no rights on any third parties not party to this Agreement. 18. Reservation of Rights. DTSC and the Agency each reserve the following rights. a. DTSC reserves its right to pursue cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, California Health and Safety Code sections 25201.9, 25343, 25360, 33459.3, subdivision (m) and any other law. The Agency reserves its rights to pursue cost recovery under the California Health and Safety Code section 33459- 33459.8 (Polanco Act) and any other applicable section of the law. b. Nothing in this Oversight Agreement is intended or shall be construed to limit, preclude or affect the authority of DTSC to pursue any legal, equitable or administrative remedies pursuant to state or federal law or to take any action authorized by law or equity to protect public health and safety or the environment and recovering the costs thereof, including DTSC's authority to take action, or require other persons to take action, under chapter 6.5 or chapter 6.8 of division 20 of the Health and Safety Code or under the Polanco Act and to recover DTSC's costs for those actions. c. Nothing in this Oversight Agreement shall constitute or be construed as a waiver, defense to, or limitation on of the Agency's rights (including any covenant not to sue or release), with respect to any claim, cause of action, or demand in law or equity that the Agency may have against any person, as defined in section 101(21) of CERCLA, or Health and Safety Code section 25319, who is not a signatory to this Oversight Agreement. 19. Compliance with Applicable Laws. Nothing in this Oversight Agreement relieves the Agency from complying with all applicable laws and regulations, and the Agency will conform to all actions required by this Oversight Agreement to all applicable federal, state and local laws and regulations. 20. California Law. This Oversight Agreement shall be governed, performed and interpreted under the laws of the State of California. 21. Parties Bound. This Oversight Agreement applies to and is binding, jointly and severally, upon each signatory and upon any successor agency of either the Agency or the State of California that may have responsibility for and jurisdiction over the subject matter of this Oversight Agreement. No change in the ownership or corporate or business status of a Property or group of Properties or any owner of a Property or group of Properties shall alter any signatory's responsibilities under this Oversight Agreement. 22. Severability. If any portion of this Oversight Agreement is ultimately determined not to be enforceable, that portion will be severed from the Oversight Agreement and the severability shall not affect the enforceability of the remaining terms of the Oversight Agreement. City of National City/Community Development Commission Contract No.: 11-T1032 Exhibit A - Page 19 of 19 23. Amendments. Except as otherwise specified in this section and in section 2.2 of this Oversight Agreement, this Oversight Agreement may be amended as specified in this section to withdraw any Property or group of Properties from this Oversight Agreement. The Agency may withdraw a Property or group of Properties from this Oversight Agreement by giving written notice to DTSC that the Agency will stop work on that Property or group of Properties within the next thirty (30) days. DTSC may withdraw a Property or group of Properties by giving written notice to the Agency that DTSC will stop work on that Property or group of Properties within the next thirty (30) days. The effective date of withdrawal is the end of the 30 day notice period. Prior to stopping work on a Property or group of Properties, the Agency must ensure that the Property or group of Properties will pose no greater public health or environmental risk than it posed prior to the Agency's activities on the Property or group of Properties. In the event that the Agency withdraws a Property or group of Properties from this Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of withdrawal. The Scope of Work may be amended by mutual written agreement of the parties. Such amendments or modifications are effective on the third business day following the day the last Party signing the amendment or modification sends its notification of signing to the other Party. The Parties may agree to a different effective date. An amendment to incorporate a Property or group of Properties into this Oversight Agreement and to incorporate by reference site -specific Exhibits for that Property or group of Properties shall be made as specified in subsections 2.1, 2.2, and 2.3 of this Oversight Agreement. 24. Termination for Convenience. Except as otherwise provided in this Section, each Party to this Oversight Agreement reserves the right to unilaterally terminate this Oversight Agreement for any reason. Termination requires that either Party give a thirty (30) day advance written notice of the election to terminate this Oversight Agreement to the other Party. Prior to termination the Agency must ensure that the Property or group of Properties will pose no greater public health or environmental risk as a result of the Agency activities than it posed prior to the Agency's activities at the Property or group of Properties. In the event that this Oversight Agreement is terminated under this section and subject to Section 2.7 of the Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of termination. EXHIBIT F SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC Resolution authorizing the [Authorized Official] to Execute Contracts with the California Department of Toxic Substances Control WHEREAS, the [Name of Agency] determines and declares that it may enter into agreements with State agencies for [Year], and WHEREAS, [Name of Agency] may take any actions that [Name of Agency] determines are necessary and that are consistent with state and federal laws to remedy or remove a release of hazardous substances on, under, or from a property located in a Redevelopment Project Area if certain conditions are met. THEREFORE, BE IT RESOLVED BY THE [name of legislative body] that the [authorized Agency official] is hereby authorized to enter into and execute contracts for the [Name of Agency], with the California Department of Toxic Substances Control, subject to all conditions. I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution introduced and passed at a noticed meeting of the [name of Agency] held on [date]. Signed: Title of Authorized Official, the Agency will be responsible for DTSC costs through the effective date of termination. Date: City of National City Contract No.: 11-T1032 Exhibit B - Page 1 of 2 EXHIBIT B (Reimbursement Contract) BUDGET DETAIL AND PAYMENT PROVISIONS: A. Applicant agrees to advance to DTSC an amount of money based upon DTSC's estimate of the costs it may incur in performing its duties under this Contract. The amount of the advance is based upon DTSC's costs of services for six months, or for the entire amount of the Contract, if less than six months. The cost estimate is attached and incorporated by this reference and is included as the Budget for this Contract. B. DTSC's cost estimate shall include all of its costs, both direct and indirect. The hourly rates utilized in the development of any cost estimate shall reflect DTSC's current hourly rates. These hourly rates are updated as needed to allow DTSC to recover its costs. Applicant is responsible for any increases in the direct and indirect rates and agrees to reimburse DTSC for these cost increases. The Applicant agrees to reimburse DTSC for all costs incurred by DTSC. C. Upon execution of this Contract Applicant shall remit to DTSC an amount not less than $37,492.00 as advance funding for work to be performed by DTSC. The total amount of this Contract is $74,984.00. Applicant shall submit all payments to: Department of Toxic Substances Control Accounting 1001 I Street, 25th Floor P.O. Box 806 Sacramento, California 95812-0806 Attention: Ms. Tsing Maybel Zhan D. Copies of checks and letters transmitting such checks shall be sent simultaneously to DTSC's project coordinator. All payments to DTSC shall indicate City of National City Community Development Commission, Site Code 401294 (11 WP). E. In the event the advance payment is less then 100%, it shall be retained in the Applicant's Account. DTSC shall bill the Applicant quarterly for actual costs incurred. The Applicant shall remit the total amount due within thirty (30) days of the date of the quarterly invoice. DTSC shall hold the advance payment until the Contract is completed or terminated. Any remaining charges shall then be applied against the advance, and any unused advance payment will be refunded within 120 days of the completion of the project. F. If the Applicant cancels the Contract, Applicant agrees to pay DTSC a minimum fee of $1,000.00 out of the advance, regardless of the amount of work or services performed by DTSC under the terms of the Contract. If DTSC incurs more than $1,000.00, Applicant will be responsible for the actual direct and indirect costs incurred or encumbered by DTSC up to the date "notice of cancellation" is received by DTSC, without any additional fee. G. The amount advanced by Applicant may be modified by mutual Contract an writing should the services provided by DTSC exceed its original estimated costs. Upon execution of an amendment to the Scope of Work which increases the original cost, applicant agrees to pay any additional advance payment to DTSC for such newly agreed upon work. City of National City Contract No.: 11-T1032 Exhibit B - Page 2 of 2 EXHIBIT B (Reimbursement Contract) BUDGET DETAIL AND PAYMENT PROVISIONS CONTINUED: H. Any dispute concerning DTSC's costs incurred pursuant to this Contract is subject to the dispute resolution procedures as established pursuant to Health and Safety Code section 25269.2. DTSC reserves its right to recover unpaid costs under applicable State and Federal laws. EXHIBIT D OVERSIGHT AGREEMENT COST ESTIMATE COST ESTIMATE WORKSHEET Environmental Oversight Agreement Date: August 2011 Project Name:National City Public Works Yard TOD Development Site Code: 401477 (11 WP) Title V VCP Coord. Project Manager Toxicologist Geology Public Participation HQ CEQA Legal Clerical Ctassifioatmn .' Sr HSS,. i fi zSr.HSS Rtl Staff Toxicologist Senior„; Engne en,rt9_ .'C.,66 rst PPS AEP» taf, Counset OT(0 ' TASK Agreement P 1 iA16 Project Management ' 24 1 # l . •l,- Property Mittgation Plan 16 B B <a.12025 Risk Assessment -• :; , r 8 24 x 1 5 PubrlcParbcipatien.'=? °' 16 8 8 40 -121,.5 CEQA .:,•.: ,` 24 40 T 1it?a Remedial Action Plan/Removal Action _" 40 24 32 �12oso Irnpleinent:Remedial- 16 8 24 'i42,tl8iti Certification 8 8 , %12020 Deed Re$tn6tion 72 16 r awi8 Operation,& Mai n Total No. Hours/Class 8 164 72 72 40 40 24 Hourly Rate/Class $151 $151 $178 $207 $123 $129 $180 $75 Cost/Class $1,208 $24.764 $12,816 $14,904 $4,920 $5,160 $4,320 $15 Contingency (10%) $6.817 Grand Total Cost $74,984 Advance Payment $37,492 Note: Schedule to be determined based on discussion between the Agency and DTSC at the first project team meeting City of National City Contract No.: 11-T1032 Exhibit D - Page 1 of 1 EXHIBIT D (Reimbursement Contract) A. SPECIAL TERMS AND CONDITIONS Nothing in this Contract shall limit the types, classifications or number of staff who may perform work pursuant to this Contract and for whom DTSC may bill Applicant, subject to the provisions as set forth in Exhibit B. B. DTSC or Applicant may terminate this Contract without cause upon giving the other party 30-day advance written notice. DTSC shall not be liable for any loss or damages sustained by Applicant as a result of the termination of this Contract. C. This Contract shall not be considered effective until it is signed by both parties, and if necessary, approved by the Department of General Services. STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06f03) AGREEMENT NUMBER 11-T1032 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Department of Toxic Substances Control CONTRACTOR'S NAME City of National City/Community Development Commission 2. The term of this Agreement is: Upon Approval through 8/31/2012 3. The maximum amount $ 74,984.00 of this Agreement is: Seventy -Four Thousand Nine Hundred Eighty Four Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A — Scope of Work Exhibit B — Budget Detail and Payment Provisions Exhibit C` — General Terms and Conditions Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E —Additional Provisions 19 page(s) 2 page(s) GTC 610 1 page(s) page(s) Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed athttp://www.dgs.ca.gov/Default.aspx?alias=www.dgs.ca.gov/ots IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of National City/Community Development Commission BY (Authorized Signature) feS DATE SIGNED(Donot 0pe) PRINTED NAME AND TITLE OF PERSON SIGNING Ron Morrison, Mayor ADDRESS 1243 National City Blvd. National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME Department of Toxic Substances Control BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Sandra Poindexter, Procurement & Contracting Officer DRESS 01 I Street, P.O. Box 806, Sacramento, CA 95812-0806 California Department of General Services Use Only ® Exempt per: Notice No.: 40.05 ITEM #37 9/29/11 REPORT ON SPICE (SYNTHETIC MARIJUANA) AWARENESS. (POLICE) ITEM #38 9/29/11 REPORT ON POWER OUTAGE (FIRE) ITEM #39 9/29/11 CLOSED SESSION REPORT (CITY ATTORNEY)