Loading...
HomeMy WebLinkAbout2012 05-15 CC HA AGENDA PKTAgenda Of A Regular Meeting — National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — May 15, 2012 — 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 of the City of National City 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 of the City of National City 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 of the City of National City action must be brought back on a subsequent Council of the City of National City 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 Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durance sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority 05/15/12 - Page 2 CITY COUNCIL PRESENTATIONS 1. Employee for the month of May, 2012 - Gloria Alvarado — Office Assistant, Finance Department 2. Presentation - Interstate 1-805 South Project - Caltrans PROCLAMATION 3. Proclaiming the week of May 20, 2012 through May 26, 2012, as: "NATIONAL PUBLIC WORKS WEEK" 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. 4. Approval of the Minutes of the Regular National City City Council of the City of National City meeting of May 1, 2012. (City Clerk) 5. Resolution of the City Council of the City of National City approving and authorizing a public improvement permit for the construction and maintenance of a driveway apron at 720 and 724 "I" Avenue per the provisions set forth in National City Municipal Code Section 13.04.220. (Development Services/Engineering) 6. Resolution of the City Council of the City of National City ratifying Change Order No. 1 between the City of National City and Quality Mechanical Professionals, Inc. in the not -to -exceed amount of $28,451.43 to provide and install a new Trane Four -Ton Split Air Conditioning System in the Police Department Computer Room in conjunction with the Civic Center Data Center Redundant Air Conditioning Project, Specification 11-02. (Funded by Information Systems Maintenance Fund) (Development Services -Engineering) National City City Council /Community Development Commission/Housing Authority 05/15/12 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the release of 2011 Tax Allocation Bond (Capital Improvements) appropriations for Coolidge Storefront Improvements in the amount of $250,000, Traffic Safety Enhancements in the amount of $400,000 and Public Safety Cameras in the amount of $100,000 for a total of $750,000, since these projects are not listed as individual projects on the Recognized Obligations Payment Schedule (ROPS). (Development Services/Engineering) 8. Resolution of the City Council of the City of National City authorizing the release of appropriation for Gateway & Signage Improvements in the amount of $75,000 from 2011 Tax Allocation Bond (Capital Improvements) used as a grant match for Comprehensive Citywide Sustainable Transportation System Plan to enhance mobility, access and safety, rescinding Resolution 2011-192 and authorizing a resolution to use "In -Kind" Project Administration as a match for the grant. (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the Agreement between the City of National City and Mayer Hoffman McCann P.C., in the amount of $42,100 for independent auditing services to include the Fiscal Year Ended June 30, 2012. (Finance) iu. TEMPORARY USE PERMIT — Integrity Charter School's Jog-A-Thon hosted by Integrity Charter School at Kimball Park on May 18, 2012 from 9 a.m. to 11 a.m. with no waiver of fees. (Neighborhood Services) 11. TEMPORARY USE PERMIT — Movies in the Park on June 8th, July 13th, August 10th and September 14th, 2012 at various City locations from 6 p.m. to 10 p.m. This is a National City sponsored event per Council Policy #804. (Neighborhood Services) National City City Council /Community Development Commission/Housing Authority 05/15/12 - Page 4 CONSENT CALENDAR (Cont.) 12. TEMPORARY USE PERMIT — Old Town National City 6th Annual Reunion at Casa De Salud on July 21, 2012 from 11 a.m. to 5:30 p.m. with no waiver of fees. (Neighborhood Services) 13. WARRANT REGISTER # 42 Warrant Register #42 for the period of 04/11/12 through 04/17/12 in the amount of $1,355,904.09. (Finance) 14. WARRANT REGISTER # 43 Warrant Register #43 for the period of 04/18/12 through 04/24/12 in the amount of $578,470.64. (Finance) NON CONSENT RESOLUTIONS 15. Resolution taking action on a Conditional Use Permit for the addition of liquor sales to an existing beer and wine license at WaI-Mart located at 1100 Highland Avenue. (Applicant: Wal-Mart Stores, Inc.) (Case File 2011-29 CUP) (Development Services /Planning Division) 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement for Legal Defense Services between the City, the Successor Agency to the Community Development Commission as the National City Redevelopment agency, and Best Best & Krieger, LLP, to increase the not to exceed amount by $70,000 for a total amount of $364,000, (City Attorney) 17. Resolution of the City Council of the City of National City authorizing the Mayor to execute a three-year (or 36-month) Lease Agreement with A Reason To Survive (ARTS) to operate and maintain the National City Arts Center. (Community Services) National City City Council /Community Development Commission/Housing Authority 05/15/12 - Page 5 NON CONSENT RESOLUTIONS (Cont.) 18. Resolution of the City Council of the City of National City authorizing the Mayor to sign a Joint Exercise of Power Agreement within the Regional Cooperative Care Program (RCCP) that consolidates and shares administrative, training and oversight services related to the delivery of pre -hospital emergency medical services at no additional cost to the General Fund. (Fire) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment No. 1 to the Agreement for Police, Fire and Emergency Medical services with the San Diego Unified Port District to extend the term of the Agreement for three months or until the negotiations for the new Agreement are complete. (City Manager) NEW BUSINESS 20. A request to initiate a street vacation for a portion of Hoover Avenue north of 22nd Street and a portion of Harding Avenue north of 22nd Street. (Applicant: Paradise Creek Housing Partners, L.P.) (Community Development) 21. Follow up report and request for direction from City Council regarding the initiation of a Code Amendment to allow for additional accessory structure area on large lots. (Planning) COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CONSENT CALENDAR 22. Resolution of the Community Development Commission Housing Authority authorizing the Chairman to execute the First Amendment to the Agreement between the Community Development Commission Housing Authority and Mayer Hoffman McCann P.C., for independent auditing services to include the Fiscal Year Ended June 30, 2012 in the amount of $21,250. (Finance) National City City Council /Community Development Commission/Housing Authority STAFF REPORTS 23. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT 05/15/12 - Page 6 Adjourned National City Council/Community Development/Housing Authority of the City of National City Meeting — 2012-2013 Budget Workshop - Tuesday, May 22, 2012 — 6:00 p.m. — Council Chambers — National City, California Regular National City City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — June 5, 2012 —. 6:00 p.m. — Council Chambers — National City, California. COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.qov N MEMORANDUM May 3, 2012 TO FROM SUBJECT Leslie Deese, C Stacey Stevens EMPLOYE INCORPORATED Manager Human Resources Director HE MONTH PROGRAM ITEM #1 5/15/12 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in May 2012 is Gloria Alvarado — Office Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, May 15, 2012 to be recognized for her achievement and service. Attachment cc: Gloria Alvarado Tina Norrdin — Financial Services Officer Josie Flores -Clark — Executive Assistant Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov +.CAI' INCORPORATED Memorandum To: Stacey Stevenson, Director of Human Resou ces From: Tina Norrdin, Financial Services Officer Re: Employee of the month Date: May 3, 2012. RECEIVES: MAY 0 3 2012 CITY OF NA i llJNAL CITY HUMAN RESOURCES DEPARTMENT Gloria has been a valuable member of the Finance team for almost thirteen years. She started as an office aide in 1999 and in May 2005 she was hired by the City as a full time Office Assistant. Gloria is a hardworking individual who takes pride in her work. Gloria is consistently very prompt in her attendance. She arrives early and stays late when requested. She is always willing to go the extra mile to assist the Department and the City. As an Office Assistant, Gloria performs a series of operational tasks to include the following: • She assists Payroll by entering time sheets and by distributing pay stubs and labor distribution reports. • Assists accounting by entering adjusting journal entries. Assists the City by entering budget adjustments. Assists Accounts Payable in entering invoices. • Assists the Department by distributing Finance Department mail. • Assists Revenue and Recovery staff by working at the counter, and • She serves as translator for Spanish speaking customers. Gloria is always eager to learn, very cooperative and always has a friendly attitude. She welcomes new responsibilities as opportunities to learn and enrich her knowledge in order to better serve the City and its employees. Gloria sets an example for all employees to mimic as a conscientious, motivated, and professional City employee. Finance Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4330 Fax 619/336-4349 www.nationalcityca.gov ITEM #2 5/15/12 1-805 South Project BUILDING CHOICES FOR SOUTH COUNTY Presentation to the City Council of National city MaY 15, 2012 Roughly 11 miles East Palomar Street to SR 15/1-805 Interchange Project Features o HOV/Express Lanes • CarpoolsNanpools • Solo Drivers - FasTrako • Bus Rapid Transit (BRT) o Multiple Entrances/Exits o Direct Access Ramp (DAR) o In -Line Transit Stations o Park & Ride Locations o Freeway to Freeway Direct Connectors Express lanes One striped lane in each direction (5 miles) Construction to begin summer 2012 o One striped lane in each direction (5 miles) o Construction to begin summer 2012 o Complete in summer 2013 East Palomar DAR Express Lanes Temporary freeway lane and ramp closures Reduced shoulders and lane widths Temporary lane restriping Signage Construction equipment 805 Express Lanes Watch out for highway workers Traffic fines doubled in construction zones Regular project updates Advance construction notices Briefings and presentations Community workshop Website updates, eblasts and Social media Construction hotline News releases Newsletters Direct mail Agency coordination Multicultural outreach Website: KeepSanDiegoMoving.com Social Media: @SDCaltrans @SANDAG Construction Hotline: 1 (888) 941-5005 Express Lanes ITEM #. 5/15/12 ITEM #4 5/15/12 APPROVAL OF THE MINUTES OF THE REGULAR NATIONAL CITY CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING OF MAY 1, 2012 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City Council of the City of National City approving and authorizing a public improvement permit for the construction and maintenance of a driveway apron at 720 and 724 I Avenue per the provisions set forth in National City Municipal Code Section 13.04.220. PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Site Plan 3. Assessors Detail Report with Parcel Map 4. Resolution EXPLANATION Mr. Nazario Madrigal, the owner of the property located at 720 and 724 I Avenue, in order to allow for more efficient off-street parking for residents and development of the adjacent vacant parcel, has proposed the placement of additional parking along the property front on I Avenue. On December 2, 2008, the City Council adopted Resolution No. 2008-252 approving a modification of a Conditional Use Permit to reconfigure previously approved parking and open space for a duplex behind an existing home at 720 1 Avenue, which contains a condition of approval that application shall be made for a Special Driveway Permit for the proposed driveways. The Planning Department has reviewed and approved this parking option. The proposed parking layout requires two driveway aprons (one existing and one new) which exceed the limitations of Municipal Code Section 13.04.220 Subsection B which limits the ratio of driveway opening to property length to forty percent (40%), Subsection C which requires a minimum of twenty-five feet (25') of separation between two driveway aprons servicing the same residential lot and Subsection E which requires a minimum distance of eleven feet (1 1') from the top of the wing of the driveway apron to the side yard property line as extended to the curb. Mr. Madrigal is requesting a special driveway permit in order to facilitate the use of the parking spaces as approved in the building site plan in order to accommodate the minimum required off street parking. The new apron ratio of driveway opening to property length is 41.5%; the separation between driveway aprons will have a distance of twenty-one feet (21'); and the wing of the driveway apron will be zero feet from the side yard property line as extended to the curb. Engineering staff has inspected the site and determined that this appears to be the only option for the owner to meet the parking requirements. Per Municipal Code Section 13.04.220 Subsection G the City Council has the authority to grant a public improvement permit for construction of driveways not meeting the Municipal Code standards. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING A DRIVEWAY PUBLIC IMPROVEMENT PERMIT FOR THE CONSTRUCTION AND MAINTENANCE OF A SECOND DRIVEWAY APRON ALONG THE FRONT OF 720 AND 724 I AVENUE PURSUANT TO THE PROVISIONS SET FORTH IN NATIONAL CITY MUNICIPAL CODE SECTION 13.04.220 WHEREAS, on December 2, 2008, the City Council adopted Resolution No. 2008-252, approving a modification of a Conditional Use Permit (CUP) to reconfigure previously approved parking and open space for a duplex behind 720 I Avenue; and WHEREAS, the owner of the property located at 720 and 724 I Avenue, in order meet the conditions of the CUP for minimum off-street parking for the duplex residents, proposed the placement of additional parking along the property front on I Avenue, which the Planning Department approved and determined to be the only option for the owner to meet the CUP conditions; and WHEREAS, pursuant to Municipal Code section 13.04.220 (G), the proposed parking layout requires a Driveway Public Improvement Permit because the two driveway aprons (one existing and one new) do not meet the driveway standards as set forth in Municipal Code section 13.04.220. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes a Driveway Public Improvement Permit for the construction and maintenance of a second driveway apron along the property front at the property located at 720 and 724 I Avenue pursuant to Municipal Code section 13.04.220 (G). PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney P ADJACEN" PROPERTY CPEN PARKING SPACES TYP, 27'-9' EXISTING DRIVEWAY w 0 0 PROPOSED 1 WALKWAY f� 18'-0" TYP. 11 2 9' TYP, PROPOSED PARKING SPACES (UNIT A & 8) PROPERTY LINE 64.75' -� 2 W y W y y y y W W EXISTING" y "'WATER METER y y y TO REMAIN 14 d (E) 14'-0" WIDE, vRIVEWAY TO REMAIN D'STANCE BETWEEN DRIVEWAYS 21'-0" 720 "I" AVENUE H5 \y PROPOSED 12'-0" WIDE DRIVEWAY PER CITY STANDARD o 0 TYP. y y • y y 4.. y y y y y y y y ▪ y y O cN 0 MetroScan /San Diego (CA) Owner : Madrigal Nazario Parcel : 556 414 05 00 CoOwner Land : $123,051 Site : 720-724 I Ave National City 91950 Struct : $230,771 Mail : 1680 Olamar Way San Diego Ca 92139 Other Xfered : 03/21/2001 Doc # : 162238 Total : $353,822 Price Deed Exempt Loan Amt Loan Type VestType IntTy % Impry : 65 Lender : % Owned . Land Use : 613 Res,2 To 4 Units Or Houses TaxArea : 06045 Bldg Use : *unknown Building Use* MapGrid : 1309 J 1 Zoning : 6 Commercial 11-12 Tx : $4,349.96 Plat : F COPELAND SUB MapNumb : 000615 Legal : S 1/2 LOTS 11 THRU 14 BLK 8 OwnerPhone: Census : Tract : 118.02 Block : 2 TractNumber: 615 Bedrooms : 6 View Acres :.14 Bldg SgFt : 2,384 Bathrooms : 3.00 Garage Sp : LotSgFt : 6,098 Year Built : 1945 Pool Units :3 Stories r 06 (35 Th 50 E HIGHLAND 1-800-345-7334 14. 2 ®4 BLK 5 0 9 SIXTH SEVENTH oa EIGHTH o 3 14- O�.60 a A Buc0 a„0 CID . 0 .a ^^ \J 50 .Qa °O 5= 0 ,. _O e ® v 0 W _ 0 K 55 4 3LK 7 34 ie 0 .0 F 1 14 0A/2 051 I 144 = cseo S6 u• om (v44 ®usws ..r ve ui. H 4 2 as 4 5 6 I L 03)?:n® 51 ee tJ3 15 4'0 5 _ _0_'03 BLK 5 - F 1e 0 1 8 130 7) _ O9 12 .„ 10 Ir. a. , 10 sO 2 LO 1314CAD' +Oai. 11 ® II Z 0 L93 � 066S61 Y®® IA}Y59414 WO= 011. 10MEIIIY ♦9m➢ FOSr4COS. R IIE MIA9om Ammo!s WQ15 W .m mn. x ISM L6ox4n1 m sanw aows So SCAlE 1111no or all IIW ST 0 o j O. a. I': 00 +SNAG RAO A ¢In CHANGES O LS 010 NEwIYH Cur S JS I5 ur 51144 4w 1-a 4 +.49 E+ .+e 11551 ST a to OLK 05 0 . ST 0s 0 0 SS to w 2 J MAP 615 — F COPELANO SUB MAP 166 —RANCHO OE LA NACION— POR 1/4SEC I311 DEC 16 1996 ' Information compiled from various sources. CoreLogic makes no representations or warranties as to the accuracy or completeness of information contained in this report 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 6 EM TITLE: Resolution of the City Council of the City of National City ratifying Change Order No. 1 between the City of National City and Quality Mechanical Professionals, Inc. in the not to exceed amount of $28,451.43 to provide and install a new Trane Four -Ton Split Air Conditioning System in the Police Department Computer Server Room in conjunction with the Civic Center Data Center Redundant Air Conditioning Project, Specification 11-02. (Funded by Information Systems Maintenance Fund)) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are available in expenditure account 629-409-500-598-8037 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Change Order 3. Resolution EXPLANATION: Recently the air conditioning for the Police Department computer server room was unable to cool the room to the required temperature for the heat and humidity sensitive equipment. There is no back up cooling system for this room. To protect the City's investment in the computer systems within this area, a back-up cooling system is needed. On May 9, 2012, the City Manager signed Change Order No.1, to Quality Mechanical Professionals, Inc. to expedite the ordering of the air conditioning system as any further delays in getting this equipment installed could jeopardize the computer systems contained within the Police Department computer server room, which includes the 911 Computer Aided Dispatch system. Lead time for this equipment is approximately 2 to 3 weeks. Staff is requesting that the City Council ratify the City Manager's execution of a Change Order to Quality Mechanical Professionals, Inc., to provide and install a new Trane 4 ton split Air Conditioning System in the Police Department Computer Server Room, in the amount not to exceed $28,451.43., Currently, Quality Mechanical Professionals, Inc. is replacing the Civic Center Data Center redundant air conditioning. On October 4, 2011, three bids were received and opened for the National City Civic Center Data Center Redundant Air Conditioning Project, Specification 11-02. The lowest responsive bidder was Quality Mechanical Professionals, Inc., with a proposed bid amount of $38,000. This project was awarded to Quality Mechanical Professionals Inc., with the City Manager's signature due to the bid amount. The second lowest bidder was more than $20,000 higher. Quality Mechanical Professionals, Inc. inspected the site and can provide the necessary air conditioning equipment for the Police Department computer server room at a price of $28,451.43, using their current contract with an executed change order. This price is competitive, and installation of the air conditioning system is of essence with summer quickly approaching. This change order exceeds 25% of the original contract amount therefore, City Council approval is required. Funds are available in the Information Systems Maintenance Fund, Account No. 629- 409-500-598-8037. cAt.t ORN A,-- � Y n ATM:NAL Orr • rNCoRPOHATED CIVIC CENTER DATA CENTER REDUNDANT AIR CONDITIONING Specification No. 11-02 Contractor: Quality Mechanical Professionals, Inc. CHANGE ORDER NO. 1 April 26, 2012 Reason/Purpose for this Change Order. - The Police Department requires a back up split air conditioning (A/C) system that is substantially similar in kind and complexity to the A/C unit installed by the Contactor in the Data Center room of City Hall for this project_ Due to the Contractor's expertise in A/C installations, the satisfactory installation of the Data Center A/C unit, and the favorably negotiated price for this change order, the Engineering Department recommends this change order be approved for the installation of a Trane 4 ton, 13 SEER split NC system at the National City Police Department. The City of National City and Contractor agree to the following change to the original Contract: The Contractor agrees to install a Trane 4 ton 13 SEER split A/C system at the National City Police Department. . The installation includes the high voltage electrical supply for the outside condenser, an inside coil fan, a condensation drain line, a refrigeration line set, supports and hangers, a wall mount programmable thermostat and control wiring, a start up test, and a warranty. In addition to the manufacturer's warranty, the Contractor agrees to provide an additional one-year warranty commencing at the time the unit is accepted by the City. The Contractor and City agree that all costs included and requirements of the original bid shall apply and there shall be no other additional costs or deductions for the installation of the Trane 4 ton 13 SEER split A/C system. **Special Note: This Change Order requires Council approval before it can become part of the contract. Original Contract Amount $ 38,000.00 Net change by previously authorized Change Orders Subtotal Amount of this change order New contract amount 38,000 00 28,451.43 Working days adde • 10 Working days subtracted: 0 Percent change in Contract to date 74.87% Sub it _d 66,451.43 S72A ) a Engineer / Date City Manager, required for Change Orders>$2ass9 Date By signing this Change Order the Contractor confirms that he/she is comp).etely familiar with its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the tens and conditions of the original contract documents are incorporated herein. Accepted and agreed to by Quality Mechanical Professionals, Inc.: tAz6\ AZ, Date Note to Contractor: If you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file, Project Manager 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING CHANGE ORDER NO. 1 BETWEEN THE CITY OF NATIONAL CITY AND QUALITY MECHANICAL PROFESSIONALS, INC., IN THE NOT TO EXCEED AMOUNT OF $28,451.43 TO PROVIDE AND INSTALL A NEW TRANE FOUR -TON SPLIT AIR CONDITIONING SYSTEM IN THE POLICE DEPARTMENT COMPUTER SERVER ROOM IN CONJUNCTION WITH THE CIVIC CENTER DATA CENTER REDUNDANT AIR CONDITIONING PROJECT WHEREAS, the air conditioning for the Police Department computer server room is unable to consistently cool the room to the required temperature for the heat and humidity sensitive equipment; and WHEREAS, the cooling system has unexpectedly failed two times in the past two months, jeopardizing the equipment; and WHEREAS, because there is no backup cooling system for this room, it is necessary to install a backup cooling system to protect the City's investment in the computer systems; and WHEREAS, Quality Mechanical Professionals, Inc., is currently replacing the redundant air conditioning system at the Civic Center Data Center for the not to exceed amount of $38,000. They inspected the Police Department Computer Room cooling system and determined that they can provide and install a new Trane four -ton split Air Conditioning System for the computer room by executing a change order for the current Civic Center contract in the not to exceed amount of $28,451.43; and WHEREAS. on May 9, 2012, the City Manager executed Change Order No.1 to the contract with Quality Mechanical Professionals, Inc., to expedite the ordering of the air conditioning system as any further delays in getting this equipment installed could jeopardize the computer systems contained within the Police Department computer server room, which includes the 911 Computer Aided Dispatch System; and WHEREAS, staff requests that the City Council ratify the City Manager's execution of Change Order No. 1 to the contract with Quality Mechanical Professionals, Inc., to provide and install a new Trane 4 ton split Air Conditioning System in the Police Department Computer Server Room, in an amount not to exceed $28,451.43 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies Change Order No. 1 to the contract with Quality Mechanical Professionals, Inc., in the not to exceed amount of $28,451.43 to provide and install a new Trane four -ton split Air Conditioning System for the Police Department computer server room, bringing the total contract amount to $66,451.43. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 7 =M TITLE: Resolution of the City Council of the City of National City authorizing the release of 2011 Tax Allocation Bond (Capital Improvements) appropriations for Coolidge Storefront Improvements in the amount of $250,000, Traffic Safety Enhancements in the amount of $400,000, and Public Safety Cameras in the amount of $100,000 for a total of $750,000, since these projects are not listed as individual projects on the Recognized Obligations Payment Schedule (ROPS). PREPARED BY: Barby Tipton PHONE: 619-336-4583 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering FINANCIAL STATEMENT: APPROVED: N Finance ACCOUNT NO. APPROVED: MIS Release appropriations of $250,000 from account 524-409-500-598-3757, $400,000 !om account 524-409-500- 598-6183, and $100,000 from account 524-409-500-598-8040. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: anation resolution EXPLANATION As part of the Fiscal Year 2011-2012 Budget, City Council allocated 2011 Tax Allocation Bond (Capital Improvements) to the following projects: the Coolidge Storefront Improvements in the amount of $250,000, Traffic Safety Enhancements in the amount of $400,000, and Public Safety Cameras in the amount of $100,000. While these projects are not listed as individual projects on the Recognized Obligations Payment Schedule (ROPS), they are components of the following projects that are listed: • Coolidge Avenue Community Corridor - has replaced Coolidge Storefront Improvements and will provide Traffic Safety Enhancements • Kimball Park Improvements — will provide Public Safety Cameras • 8th Street Smart Growth Revitalization, 8th Street Safety Enhancements, Hi bland Avenue Safety Enhancements, D Avenue Community Corridor/Roundabout, and zit Street Community Corridor will provide Traffic Safety Enhancements Therefore, it is requested that Council release the previously approved appropriations from the following individual projects: Coolidge Storefront Improvements, Public Safety Cameras, and Traffic Safety Enhancements. Allocations of the released funds will be appropriately allocated to projects which are listed on the ROPS during the budget process for Fiscal Year 2012-2013. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RELEASE OF FUNDS APPROPRIATED FROM 2011 TAX ALLOCATION BOND (CAPITAL IMPROVEMENTS) FROM COOLIDGE STOREFRONT IMPROVEMENTS IN THE AMOUNT OF $250,000, TRAFFIC SAFETY ENHANCEMENTS IN THE AMOUNT OF $400,000, AND PUBLIC SAFETY CAMERAS IN THE AMOUNT OF $100,000 FOR A TOTAL OF $750,000, SINCE THESE PROJECT ARE NOT INDIVIDUAL PROJECTS ON THE RECOGNIZED OBL►GATIONS PAYMENT SCHEDULE (ROPS) WHEREAS, as part of the Fiscal Year 2011-2012 Budget, the City Council allocated 2011 Tax Allocation Bond (Capital Improvements) funds to -the following projects: Coolidge Storefront Improvements in the amount of $250,000, Traffic Safety Enhancements in the amount of $400,000, and Public Safety Cameras in the amount of $100,000; and WHEREAS, these projects are not listed as individual projects on the Recognized Obligations Payment Schedule, but are components of the following projects: Coolidge Avenue Community Corridor Replaced Coolidge Storefront Improvements and will provide Traffic Safety Enhancements Kimball Park Improvements Will provide Public Safety Cameras 8th Street Smart Growth Revitalization, 8th Street Safety Enhancements, Highland Avenue Safety Enhancements, D Avenue Community Corridor/Roundabout, and 4th Street Community Corridor Will provide Traffic Safety Enhancements ; and WHEREAS, staff recommends the release of the previously approved appropriations from Coolidge Storefront Improvements in the amount of $250,000, Traffic Safety Enhancements in the amount of $400,000, and Public Safety Cameras in the amount of $100,000, which will be allocated to projects that are listed on the ROPS during the budget process for Fiscal Year 2012-2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the release of funds appropriated from 2011 Tax Allocation Bond (Capital Improvements) from Coolidge Storefront Improvements in the amount of $250,000, Traffic Safety Enhancements in the amount of $400,000, and Public Safety Cameras in the amount of $100,000 for a total of $750,000, since these project are not individual projects on the recognized Obligations Payment Schedule (ROPS). --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 15th day of May, 2012. 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: May 15, 2012 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City authorizing the release of appropriation for Gateway & Signage Improvements in the amount of $75,000 from 2011 Tax Allocation Bond (Capital Improvements) used as a grant match for Comprehensive Citywide Sustainable Transportation System Plan to Enhance Mobility, Access and Safety, rescinding Resolution 2011-192 and authorizing a resolution to use "In -Kind" Project Administration as a match for the grant. PREPARED BY: Barby Tipton PHONE: 619-336-4583 EXPLANATION: See Attached DEPARTMENT: APPROVED BY: Development Services / Engineering FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: / MIS Release $75,000 from account 524-409-500-598-6184 retuming the funds to un-appropriated fund balance. Funds shall be re -allocated during the FY 2012-2013 budget process. 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 15, 2011, the City Council adopted Resolution No. 2011-65 authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning ("CBTP") Grant in the amount of $300,000 for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access, and safety, and committing to a local match of $75,000 (available through the 2011 Tax Allocation Bond), for a total project cost of $375,000. The purpose of the Plan is to enhance access and safety to encourage multi -model transportation such as walking, bicycling, and transit through a comprehensive citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, the recently adopted Bicycle Master Plan, and the current Specific Area Plans. On July 25, 2011, staff was notified by Caltrans that National City's project application for a CBTP Grant had been selected for funding in Fiscal Year 2011-2012, and that a City Council resolution stating the title of the person authorized to execute all grant documents with Caltrans was required by September 12, 2011. The City Council of the City of National City hereby accepted the Caltrans Community - Based Transportation Planning Grant in the amount of $300,000 for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan to enhance mobility, access, and safety. The City Manager executed all Community -Based Transportation Planning Grant documents required by Caltrans for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan. The City Council authorized the appropriation of matching funds in the amount of $75,000 available through the 2011 Tax Allocation Bond, for a total project cost of $375,000 via Resolution 2011-192. Since the adoption of Resolution 2011-192, City staff met with California Department of Transportation (CALTRANS) to review the project delivery requirements for the Comprehensive Citywide Sustainable Transportation System Plan to Enhance Mobility, Access and Safety grant. CALTRANS notified staff that the match could be "in -kind", meaning that project administration would satisfy the grant match requirement. It is recommend that that Council authorizing the release of appropriation for Gateway & Signage Improvements in the amount of $75,000 from 2011 Tax Allocation Bond (Capital Improvements) used as a grant match for Comprehensive Citywide Sustainable Transportation System Plan to Enhance Mobility, Access and Safety, rescind Resolution 2011-192, and authorizing a Resolution using the "In -Kind" Project Administration to satisfy the grant match requirement. The release of the appropriation for Gateway & Signage Improvements from 2011 Tax Allocation Bond (Capital Improvements) will be appropriately allocated to other bond projects during the budget process for Fiscal Year 2012-2013. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RELEASE OF APPROPRIATIONS FOR GATEWAY SIGNAGE IMPROVEMENTS IN THE AMOUNT OF $75,000 FROM 2011 TAX ALLOCATION BOND (CAPITAL IMPROVEMENTS) USED AS A GRANT MATCH FOR COMPREHENSIVE CITYWIDE SUSTAINABLE TRANSPORTATION SYSTEM PLAN TO ENHANCE MOBILITY, ACCESS, AND SAFETY; AUTHORIZING THE USE OF "IN KIND" PROJECT ADMINISTRATION TO SATISFY THE MATCH FOR SAID GRANT; AND RESCINDING RESOLUTION NO. 2011-192 WHEREAS, on March 15, 2011, the City Council adopted Resolution No. 2011- 65, authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning ("CBTP") Grant in the amount of $300,000 for the preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access, and safety; and committing to a local match of $75,000; and WHEREAS, on July 25, 2011, the City was notified by Caltrans that National City's project application for the CBTP Grant has been selected for funding in Fiscal Year 2011- 2012 for $300,000; and WHEREAS, on September 6, 2011, the City Council adopted Resolution No. 2011-192, authorizing the appropriation of matching funds for the grant in the amount of $75,000, available through the 2011 Tax Allocation Bond; and WHEREAS, subsequently, Caltrans has informed the City that the grant match could be met "in -kind", meaning that project administration would satisfy the grant match requirements; WHEREAS, staff recommends rescinding Resolution No. 2011-192, which will release the $75,000 2011 Tax Allocation Bond funds from the Gateway Signage Improvement Project, and authorizing the use of "in -kind" project administration to satisfy the match for the CBTP Grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the release of the Tax Allocation Bond funds in the amount of $75,000 2011 from the Gateway Signage Improvement Project Tax, and rescinding Resolution No. 2011-192. BE IT FURTHER RESOLVED that the City Council hereby authorizes the use of "in -kind" project administration to satisfy the match for the Caltrans Community -Based Transportation Planning ("CBTP") Grant for the preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access, and safety. PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva, City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO.9 EM TITLE: Resolution of the City of National City authorizing the Mayor to execute the third amendment to the agreement between the City of National City and Mayer Hoffman McCann P.C., in the amount of $42,100, for independent auditing services to include the Fiscal Year Ended June 30, 2012. PREPARED BY: Tina Norrdin, FSO DEPARTMEN PHONE: 1619-336-4331 APPROVED EXPLANATION: On July 1, 2008, following a competitive selection process, the City of National City entered into an agreement with Mayer Hoffman McCann, P.0 (MHM), an independent auditing firm. Under the terms of the agreement, MHM was retained to perform a comprehensive fiscal year end audit and prepare associated documents, related to the City's finances and those of the Community Development Commission (CDC) — Redevelopment. To date, the City Council has approved two amendments to the agreement, thereby extending the term of the agreement through June 30, 2012. The purpose of the requested action is to authorize a final extension of the agreement through June 30, 2013. The extension will allow MHM to complete the fiscal year ended June 30, 2012 audit work anticipated in extension two (approved April 5, 2011) and to assist staff with any associated clean up work necessitated by audit findings and /or efforts associated with the State mandated dissolution of the Community Development Commission (CDC) — Redevelopment. Given the total duration of H-4. agreement, including extensions, staff will initiate a competitive process by way of a Request for Proposals prior to the end fiscal year 2012/13 for continued independent audit services, beginning with the auditing of fiscal year ended June 30, 2013. FINANCIAL STATEMENT: ACCOUNT NO. 632-404-045-201-0000 Funds are budgeted in the amount of $42,100 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: 1. City Council Resolution 2. Third Amendment to the Agreement between the City of National City and MHM 3. MHM Agreement RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE AGREEMENT WITH MAYER HOFFMAN MCCANN, P.C., TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR TO PROVIDE INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR 2011-2012 IN THE NOT TO EXCEED AMOUNT OF $42,100 WHEREAS, on July 1, 2008, the City Council adopted Resolution 2008-130, entering into an Agreement with Mayer Hoffman McCann, P.C., ("Mayer Hoffman") on July 1, 2008, (the "Agreement") to provide independent auditing services for FY 2007-2008 for $70,756; and WHEREAS, on June 1, 2010, the City Council adopted Resolution 2010-110, entering into the First Amendment to the Agreement in the amount of $62,056 to extend the term of the Agreement for one year, expiring June 30, 2011; and WHEREAS, on April 5, 2011, the City Council adopted Resolution 2011-81, entering into the Second Amendment to the Agreement in the amount of $37,300 to extend the term of the Agreement for one additional year, expiring June 30, 2012; and WHEREAS, the City and Mayer Hoffman desire to amend the Agreement to extend the term of the Agreement for one additional year, expiring June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012 for the total not to exceed amount of $42,100. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Third Amendment to the Agreement between the City of National City and Mayer Hoffman McCann, P.C., to extend the Agreement for a one-year term expiring June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012, in the not to exceed amount of $42,100. Said Third Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL. CITY AND MAYER HOFFMAN MCCANN, P.C. This Third Amendment to Agreement is enter into this 17th day of April, 2012, by and between the City of National City, a municipal corporation (the "CITY"), and Mayer Hoffman McCann. P.C. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an Agreement on July 1, 2008, (the "Agreement") where in the CONSULTANT agreed to provide independent auditing services for FY 2007-2008 for $70,756. B. The CITY and the CONSULTANT amended the Agreement on June I, 2010, (the "First Amendment") wherein the City extended the Agreement for one year to provide independent auditing services expiring June 30, 2011 for $62,056. C. The CITY and the CONSULTANT entered into the Second Amendment to the Agreement on April 5, 2011, (the "Second Amendment") wherein the City extended the agreement for one year to provide independent auditing services expiring June 30, 2012 for $37,300. D. The parties desire to amend the Agreement to extend the term of the agreement for a one year expiring June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012, as set forth in the attached Exhibit "A", in the total not to exceed amount of $42,100. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2008, shall be amended to extend the Agreement for a one-year term expiring on June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012, as set forth in the attached Exhibit "A", in the not to exceed amount of $42,100. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. --- Signature Page to Follow --- CITY OF NATIONAL CITY MAYER HOFFMAN MCCANN, P.C. (Corporation - signatures of hvo corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney By: (Print) (Title) By: �1 /�-- (Name) oN 7 \ U 1 DES (Print) vz (Title) Third Amendment to Agreement 2 City of National City and Auditing Services, FY 2011-2012 Mayer Hoffman Mccann, P.0 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MAYER HOFFMAN MCCANN P.C. THIS AGREEMENT is entered into this 1st day of July 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Mayer Hoffman McCann, P.C., a "CONTRACTOR". RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Independent Auditing Services. WHEREAS, the CITY has determined that the CONTRACTOR is an Independent CPA Firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR . The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Jeanette Ladrido, Finance Director, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jason AI -Imam, Manager, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (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 CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance andor the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance andor the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's standard Agreement - June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the SUBCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its SUBCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under 3 Cilys Standard Agreement - June 2008 revision similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its' performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement - June 2008 revision CONTRACTOR 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 CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTOR's, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 5 City's Standard Agreement — June 2008 revision H. Any aggregate insurance limits must apply solely to this Agreement. !. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey'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. MEDIATIONARBITRATION. 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 CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the 6 Citys Standard Agreement - June 2008 revision CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered: or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR : Jeanette Ladrido, CPA Finance Director Finance Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Michael A. Harrison, CPA Shareholder 2301 Dupont Drive, Suite 200 Irvine, CA 92612 Notice of change of address shall be given by written notice in the mariner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or 7 City's Standard Agreement - June 2008 revision other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 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 taws of the State of California. 8 City's Standard Agreement - June 2008 revision 1. 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, (ili) 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 Ron Morrison, Mayor APPROVED AS TO FORM: liZ George H. Eiser, III City Attorney MAYER HOFFMAN MCCANN, P.C. By: Michael A. Harrison Shareholder gy ��•�--- Ken Al -Imam Shareholder 9 City's Standard Agreement - June 2008 revision Mayer Hoffman McCann P.C. Exhibit A OUR HOURLY RATES AND MAXIMUM FEE TO PERFORM THE 2008 AUDIT ENGAGEMENT The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and related services for the City of National City. 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, Expanded Scope for SAS #104-111 and SAS #114 Fiscal Year Ended June 30, 2008 $33,876 2. Financial and Compliance Audit of the CDC including Kimball Towers 14,000 3. Separate HUD Required A-133 Single Audit of Morgan Towers including REAC electronic submission to HUD and related attestations 4. A-133 Single Audit of Federal Grants allocable to a. Housing Choice b. Title 111 and other Grants (Single audit considers testing of 2 major programs) 8,725 6,000 4,455 5. Audit of National City Transit and related wind-up of activities and asset transfers 3,700 $70,71. The hourly rates in effect for services that may be requested outside of the scope of the engagement are as follows: Fiscal Year Ended Classification June 30, 2008 Shareholder $225 Engagement Manager 150 Senior Associates 120 Associates 100 The audit work will be performed between July 1, 2008 and June 30, 2009. ,tid/ Mayer Hoffman McCann P.C. Board Resolution The undersigned, being all members of the Board of Directors of Mayer Hoffman McCann P.C., a Missouri professional corporation "the Corporation", do hereby approve and adopt the following resolution: RESOLVED, that the shareholders of Mayer Hoffman McCann P C as listed below are hereby authorized to sign and execute contracts to provide professional services on behalf of the Corporation. 1. Ron Conrad 2. Ken Al -Imam 3. Michael Harrison 4. Marcus Davis 5. Michael Gutierrez 6. Ron Rolwes 7. Jennifer Christian 8. Randal Vellocido IN WITNESS WHEREOF, the undersigned have hereunto subscribed their names effective as of May 18, 2007. William L. Hancock Richar. ` Barry M. 5� r;. • i . Ernes Paul E. Nation h Frank Maughan RESOLUTION NO. 2008 - 130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MAYER HOFFMAN MCCANN, P.0 FOR INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR ENDED JUNE 30, 2008 WHEREAS, the City desires to employ a contractor to provide independent auditing services for the City and the Community Development Commission of the City of National City; and WHEREAS, the City has determined that Mayer Hoffman McCann, P.C., is a certified public accounting firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that. the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Mayer Hoffman McCann, P.C., to provide independent auditing services for the City and the Community Development Commission of the City Of National City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST Irjj Mi ael R. Dalia City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 1, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 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. 2008-130 of the City of National City, California, passed and adopted by the Council of said City on July 1, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MAYER HOFFMAN MCCANN P.C. FOR INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDED JUNE 30, 2008 PREPARED BY Jeanette Ladrido, CPA EXPLANATION DEPARTMENT Finance Director Finance x 4331 On April 20, 2004, the City and the Community Development Commission of the City of National City (CDC) awarded a four-year contract for Independent Auditing Services to Conrad and Associates. On March 21, 2006, an amendment to the contract was executed because Conrad and Associates changed their form of doing business and merged into another legal entity known as Mayer Hoffman McCann, P.C. The audit firm has provided excellent customer service and expertise in the finances of the City and the CDC. With that, staff recommends executing an agreement for auditing services for the fiscal year ended June 30, 2008. Staff will issue a Request for Proposal of Auditing Services for a period of four (4) years beginning in fiscal year 2008-09 through fiscal year 2011-12. Environmental Review x N/A Approved -by: �s Financial Statement fU�/ Finance Ijirector Funding in the amount of $70,756 is available through the General Accounting Services, Tax Increment and Section 8 funds. Account No. STAFF RECOMMENDATION Staff recommends to execute the agreement for the fiscal year ended June 30, 2008 at a cost of $70,756. Appropriate costs will be allocated to the Community Development Commission. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Exhibit A 3 Agreement A-200 (9/80) ').-12;� City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 July 8, 2008 Mr. Michael A. Harrison Mayer Hoffman McCann, P.C. 2301 Dupont Drive, Suite 200 Irvine, CA 92612 Dear Mr. Harrison, On July 1s`, 2008, Resolution No. 2008-130 was passed and adopted by the City Council of the City of National City, authorizing the execution of an agreement with Mayer Hoffman McCann, P.C. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. dalla, CMC City Clerk Enclosures cc: Finance Dept. ® Recycled raper DATE BINVDWYYTYI, 11/1/2011 ACORD,, CERTIFICATE, OF LIABILITY INSURANCE THIS CERTIFICATE 1S ISSUED AS A MATTER OF NFORMATION` ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Lemma Insurance Group, Inc. 111 W. Campbell Street 4th Floor Arlington Heights, IL 60005 INSURED Mayer Holtman McCann P.C. 11440 Tomahawk Creek Parkway Leawood, KS 66211 (847) 385-6800 INSURERS AFFORDING COVERAGE INSURERft Interstate Fire & Casualty Company INSURER- INSURER G: ..._ .. INSURER P. INSURERS NAICO COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. .._.._ ..—.. ._.. .j ... - POLICY EFFECTIVE POLICY EXPIRATION LIRTifiAD TYPE DFM5URANCER NDDT. - f POLICY NUMBER DATFIMWBDNYI ... DATFMMIOMYI LT- GENENALUABNR _ _COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE 1 I OCCUR - - GENLAGGREGATE LIMIT APPLIES PER: j —I POLICY. I FICai 1 1LOC ALROMOBILEUABILITY ANY AUTO. ALL OWNED AUTOS SCHEDULED AUTOS BRED AUTOS NON -OWNED AUTOS LIMITS EACNOCCURRENCE DAMAGE TO RENTED PREMISES( c rerc11__ MED EXP IAn/ one Pelson) PERSONAL SAW INJURY GENERALAr-r-AUFGATE PRODUCTS- COMP/OP AGG $ 5 $ S $ 5 COMBINED SINGLE LIMIT (EA. -Mora) BODILY INJURY (Per person) BODILY INJURY PROPERTY DAMAGE (Pm e¢W.nt) $ $ GARAGE LIABILITY RAt&AUTO EXCESSNMBRELLA LUISWTY.. OCCUR - CLAIMS MADE 1 DEDUCTIBLE- RETENTION $ WONXERSCOMPENBATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERMERECUTNE OFRCERAAEMBERUc&UDEDT SPyECIAL Rnmder O _. .. SPECIAL PROVISIONS beiAw OTHER Professional Liability ACL-1000076 11/1/11 AUTO ONLY -EA ACCIDENT MER MAN EA ACC AGG EACH OCCURRENCE 5- 5 AGGREGATE B 5 L.T CSTALDffiE_ _..1 EL EACHaCGLDENT $ $ EL DISEASE. EA EMPLOYEE 5 EL DISEASE -POLICY LIMB $ $1,000,000 Per Claim and Annual 11/1/12 Aggregate DESCRIPTION OFOPI]TATTONS/LOCATIONS/VEHICIFSIEXCLUSIONS ADDED BT ENDORSEMENT/SPECIAL PROVISIONS. CERTIFICATE HOLDER City of National City Attn: Chris Zapata 1243 National City Blvd. National City, CA 91950 ACORD 25 (2001105) CANCELLATION STIOUW ANY OFTNEAUOVEDESCRIBED POLICIES DE CANCELLED BEFORE THE EIWRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL .3O DAYS WRITTEN NOTICE TO THE CER///TIIF ATEATE HOLDER NAMED TO THE LEFT, RUT FAILURE TO no SO SHALL • IMPOSE NO OR OR UABRj F ANY am UPON THE INSURER, GS AGENTS 01 REPRESENT/GIVES' ®ACORD CORPORATION 19115 Client#: 2372 CBIZINC ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/26/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CBIZ Insurance Services 9755 Patuxent Woods Drive Suite 200 Columbia, MD 21046 CONTACT NAME: PHONE 888-553-8500 f°X 3017243953 ' Ed)i�c' �k E-MAIL ADDRESS, INSURER(S) AFFORDING COVERAGE NAICA INSURER A: Hartford Insurance INSURED Mayer Hoffman McCann P.C. 11440 Tomahawk Creek Parkway Leawood, KS 66211 INSURER B: The American Insurance Co 21857 INSURER c: INSURER O: INSURER E: INSURER F: COVERAGES 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE II SR Sy VBDR. POLICY NUMBER (PI,IE WDIYYYY) (MPOLICY DUYYTYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL UABILITY 42UENMF4642 09/30/2011 09/30/2012 EACH OC7C7ppURRENCE 51,000,000 D PREMISES(EAocc occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 510,000 PERSONAL B ADV INJURY 51,000,000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES nPOLICY n JECaT PER: LOC PRODUCTS-COMP/OP AGG 52,000,000 $ 1,, AUTOMOBILEUABILIT/ X ANY AUTO ALL OWNED SCHEDULED 42UENMF4643 09/30/2011 09/30/2012 (rr MBIN BNGLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 5 A AUTOS _ AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ 5 8 X UMBRELLA DAB EXCESS LIAR O OCCUR CLAIMS -MADE 50000014624809 09/30/2011 09/30/2012 EACH OCCURRENCE s25,000,000 AGGREGATE $25,000,000 DED X RETENT ON SO $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERD(ECUTIVE Y/N OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) 11 yes, describe under DESCRIPTION OF OPERATIONS below N / A 42WECLH2945 09/30/2011 09/30/2012 X TTOORYTLIM TS ERR E.L. EACH ACCIDENT 51,000,000 E.L DISEASE- EA EMPLOYEE 51,000,000 EL DISEASE - POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 151, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION City of National City City Attorney's Office 1243 National City Blvd National City, CA 91950-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CBIZ Insurance Services, Inc. ACORD 25 (2010/05) 1 of 1 #S514054/M513995 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SGM CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 1° EM TITLE: TEMPORARY USE PERMIT — Integrity Charter School's Jog-A-Thon hosted by Integrity Charter School at Kimball Park on May 18, 2012 from 9 a.m. to 11 a.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigd Services Division APPROVED BY: This is a request from Integrity Charter School to conduct their school's Jog-A-Thon at Kimball Park on May 18, 2012 from 9 a.m. to 11 a.m. This will be a yearly Jog-A-Thon school event. There will be student supervision by all the teaching staff and assistance from approximately fifty (50) parent volunteers. The purpose of this event is to raise awareness of healthy habits for students and their families. A DJ booth from a local radio station will play music for the duration of this event. The school's banner will be displayed with the event's information. No city services are being requested. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )lication 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 _ Festival _ Community Event Ircus Block Party Other 37 —A Event Location: P` li'''7 �C` 4 (C7 ✓ � Event Date(s): From S-1 j Z to 3-• ir- i Total Anticipated Attendance: 2 7 5 Actual Event Hours: T: elypm to WIC r /pm Setup/assembly/construction Date: i5', 1, Start time Month/Day/Year (225 Participants) ( C) Spectators) Please describe the scope of your setup/assembly work (specific details): 2 o bits 0-3AP /74�t:i'!c. Dismantle Date: i`.. 12 Completion Time: /;2 nAfr -7 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: - file r.) G4 d-r�D For Profit ,/ ////// / ;Not -for -Profit Chief Officer of Organization (Name) /f?TY? 6 5G0 67 i) o`7'ei'Ye l- Applicant (Name): _ 12 ? cir! ZI `.�Cv'Lay; D-6 P Address: 7° ( %OGLi 6v2d &-t (fj , Daytime Phone: (big) -53t, DSO Evening Phone: (1;4)3U-7-02L) Fax: (0) 33e,,,- 1526- a it' C 3V I � kAkir AA ."'Lager/Cellular: 7/Li. 6,55. y 3C 3 Ij; "� ( l� p_ \'NO : THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Contact Person "on site" day of the event: 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): .AYES NO YES ✓ NO $ dAV Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ �jik 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. /em r ki - A - 'he1)---7 It W li g 4Z ; 0,4 z d h f atir,,,,i-yyz,-67-11, (Gt 5e- ci tu/L-7c 4q P i J e a. I1 ( klaj24 f 7� rx44d -J.lY r / IzLz1`��'i�-• YES (AO 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 v NO Does the event involve the sale or use of alcoholic beverages? YES I NO Will items or services be sold at the event? If yes, please describe: _ YES i% NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES /NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1 Sizes 1 L X f 0 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES I NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: ifYINr If you intend to cook food in the event area please specify the method: J GAS ELECTRIC CHARCOAL OTHER (Specify): 4-rt ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: c -6d w r 11 60 t t e c d- a. r_ %S(c� r d o r ;. laC-Lf s 3 Please describe your procedures for both Crowd Control and Internal Security : A .il 5k4 fJ MktIdd.� 7dr 9) ¢ k4 l " C 4-Ea G 'OA ^F , e. W i LL ct [ ha 11 e- a %Qcti )4" or a1 7"// VV of — YESNO 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: Pita indi ate wh t arrangemenl yoil hjave mad$ for roviding Fir Aid ang, 'd qui ment. -ffi-AA et Kr dram ed a4ld1' A '/ Please describe your Accessibility Plan for access at your event by individuals with disabilities: L f4 Please provide a detailed description of your PARKING plan: j/ 3 Ik to- rk) Please describe your plan for DISABLED PARKING: A (5ze a hew ) 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: It NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES ✓ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: 'YES _ NO Will sound amplification be used? If YES, please indicate: Start time: `l : aril/pm Finish Time 1! C ar /pm ;l YES NO WIII sound checks be conducted prior to the event? If YES, please indicate: Number of Bands: Start time: '1 %GO Orpm Finish Time I I '-dtt ('pm Please describe the sound equipment that will be used for your event- Ore- di m--4-k a heal {a ci o s r� _ YES ✓ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Anydsigns, banners, decorations, special lighting? If YES, please describe: (r: Yt, 5 ) q (? ►�Ci Y)Y? ? L�14 k ezi;e f'7 11t l ' y is i0-k. Revised 08/10/05 5 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurancea/must be attached to this permit. - Organization i?'TQ `j f J. Person in Charge of Activity lI ect- yr kC!to Address 70/ ,1 Q-�6DAJ rti!J 011,z/ Telephone /Ply- 3 3 t '. aSO Date(s) of Use 6- 1'' • 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 liti ation, arising out of or related to the use of public property or the activity taken, _t er the permit by the permittee or its agents, employees or contracto . Sigy(ature of ' plicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 4 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of thq sponsoring organization -I- Ill re-/ 4 & �✓(�a Type of Organization Pu L c.. c em f (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) 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. v) 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 li • ation) Signure i Date 1243 National City Boulevard, National C - A - Google Maps http: //maps. googl e. c om( Google _..`L� ._... rhanlf 3 Cream f t National Crty Recrealion Strike% 0 a Car Health Piaii HMO 0 0 1, a Katz lj RepertorT y Theater To see all the details that are visible on the screen, use the "Print" link next to the map. Pahlo's Furniture Repair & 8 Uptwlstery NarionalCily Middle School Categorical Fr` Office GP' Map data ©b 12 Goo. 1 of 1 3/29/2012 8:36 AM CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY LJSE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Integrity Charter School EVENT: Jog-A-Thon DATE OF EVENT: May 18, 2012 TIME OF EVENT: 9 a.m. to 11 a.m. APPROVALS: DEVELOPMENT SERVICES COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] YES [ x YES [ x ] YES [x] YES [ x ] YES [ x ] YES [x] YES [xI NO [ NO [ NO [ NO [ NO [ NO [ NO [ NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE will request reserves for the event for security. Additionally I will ask for extra patrol for the event. FINANCE Approved no stipulations FIRE Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, arc to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained. from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies. - Tents.: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - S300.00 601 — 700 sf - S400.00 0 —200 sf - S200.00 201 — (+) sf - S400.00 First Aid will be provided by organization. l I CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO.11 'EM TITLE: TEMPORARY USE PERMIT — Movies in the Park on June 8th, July 13th, August 10th and September 14th, 2012 at various city locations from 6pm to lOpm. This is a National City sponsored event per Council Policy #804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh Services Division APPROVED BY: This is a request from the Community Services to conduct the Movies in the Park event at Las Palmas Park on June 8T" showing the movie "Footloose", Las Palmas Pool on July 13th showing the movie "Happy Feet 2", Kimball Bowl on August 10th showing the movie "Wizard of Oz"and Kimball Park — Little Padres Park on September 14th showing the movie "Money Ball". Set-up for the movies will begin at 5 p.m. and dismantling will begin at 10:30 pm. This event is designed as a family night for the residents of National City. About 300 spectators are expected to attend the movie viewings. Concessions will be sold by local non -profits and / or food trucks with clean up performed by volunteers. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City Departments. This is a City sponsored event per Council Policy #804. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: >lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of„Event: • ' Public Concert Fair 4 . Festival Community Event Parade Demonstration Circus Block Party Motion Picture Grand Opening Other Event Title: \ , Event Location: ‘2. Event Date(s): From to Iota! Anticipated Attendance: Moth/Day/Year Participants) ( Spectators) Actual Event Flours: am/pnito I - Setup/assembly/construction Date: \,.)ftvito0DStart time: Please describe the scope of your setup/assembly work (specific details): • r , •' •• , r Dismantle Date:NIA-RAW, Completion Time ‘1.. - 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. tk,"11-1 . it ra 4 pi, 4," * Vets' k ( is71117Z:»41°17.11:1- 1—* +.041 Sponsoring Organization:L. k c Chief Officer of Organization (Name) S. e5.5( C-1S. Applicant (Narrie): ••• , •••', Address: For Profit or -Profit 2 Daytime Phone () Evening Phone: ( ) Fax () _ Contact Pet son "on siteday of the event 5 5 5' Pager/Cellulat. , • NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS is your organization a "Tax Exempt, nonprofit" organization? YES NO t Are admission, entry, vendor or participant fees required? YES �1‘. NO if YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. YES INO 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: YES NO Does the event involve the sale or use of alcoholic beverages? •f, YES _ NO Will items or services be sold at the event? If yes, please describe: YES ; *-..NO Does the event involve a moving route of any kind along streets, sidewalks or highways? if YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES . NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES .-,NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (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 y Scaffolding, bleachers, platforms, stages, grandstands or related structures - Vehicles and/or trailers Other related event components not covered above • Trash containers and dumpsters (Note: You must properly dispose of waste and garbage Throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and rernoval of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address - Security Director (Name). Phone: ti YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. ) Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan. Please describe your plan for DISABI. ED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES. NO Are there any musical entertainment features related to your event? 1f YES, please state the number of stages. number of bands and type of music. Number of Stages: Type of Music: YES _ NO Will sound amplification be used? If YES, please indicate: Number of Bands: Start time ! an- pm;Finish Time am prn YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: aml'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? IF YES, please describe. YES .;. NO Any signs. banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 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 ; Person in Charge of Activity Address Telephone , T .' " Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors Signature of Applicant Official Title Date For Office (.Jse Only Certificate of Insurance Approved Date PNRMA-1 OP ID: TM tdeC4CPR® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 04/10/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. I( SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 Bauer Insurance Services, Inc. INSURED PNR Marketing Solutions LLC 11670 Treadwell Dr Poway, CA 92064 858-452-2200 858-452-6004 CONTACT NAME: PHONE FAX EAT: NO ADDRESS: INSURERS) AFFORDING COVERAGE INSURER A : Golden Eagle Insurance Corp. INSURER a :United Financial Casualty Co. INSURER C Maryland Casualty Company INSURER 0: INSURER E INSURER F NAIC '10836 111770 ) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !TIER I g ........ ..... __... LTR { TYPE OF INSURANCE I?+ POLICY NUMBER �MMfOI IYY9Y) F I{MMIDDIYYYY) POLICY EXP NAMED ABOVE FOR THE POLICY PER4OD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALI. THE TERMS, + LIMITS ' GENERAL A X I_. ... I GEED. X LIABILITY COMMERCIAL GENERAL. DALAI] Y ...._ jCLAIMS -MADE I XI OCCUR ._ _.. _... ._. __ __ _ _. _ AGGRECATE LIMIT APPLIES I � JFG7 "- PER POLICY Pao I LOC ( X I I I - CBP1822560 � 10/15/11 1 � ' 10/15/12 { � EACH OCCURRENCE I5 DAMAGE TO rl-NILD I PREMISES occurrence) 1 5 _ I MEDEXIT (Any ante parson) I S PERSONALS ADV INJURY I GENERALAGGREGATE 15. , PRODUCTS nGG 15 _--__ ._..-,, 1 ---..-..-. I S 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 1 AUTOMOBILE ; _... , i °_. _ , LIABILITY ANY AUTO ALL OWNED AUTOS FIRED AUTOS I SCITEOULEU X 1 AUTOS X)ANON0WF I j i ICA08125587-0 i 07/02/11 1 1 I I COMBINED SINGLE I Iktrr - ' i (Ea accitInnI1 15 07102/12 I BODILY INJURY (Per parson) 3 S I _._. ;BODILY INJURY (Per acudenO- $ PROPERTY DAMAGE I SiX , (Per accident) - -_ Ijl I $ 1,000,000 - -- ._.._ UMBRELLA LIAO: OCCUR :' EXCESS LIAR CLNIA MAOI:; ' I 13f D I I RETENTION $ I ? € i I EACH OCCURRENCE , $ , AGGREGATE 15 I 1 5 N I (WORK WORKERS ETO ', R - I AND EMPLOYERS' LIABILITY YIN C IOF CER/MEMBEIExcLuo-Oxcanlm orr-ICEwn+ekBERrXru,uEU NIn in NH) If yes. dosuibe t orter i DESCRIPTION OF OPERATIONS a 0472a810 - 04/20112 04/20/13 1ORYIIMIrS ER - r. �IASEAAFCI AN OTi g TWEE; 5 - E1. DISEASE- POLICY LIMIT I S 1,000,000 1,000,000 1,000,000 i I I I I _ i DESCRIPTION OP OPERATIONS 1 LOCATIONS 1 VEHICLES Attach ACORD TOEAtldllional Remarks Schedule, 11 more smote IS required) The City of National City, its elected officials, officers, agents and employees are added as additional insured for work under contract per form GECG 602 CERTIFICATE HOLDER CANCELLATION City of National City CIO City Attorneys Office 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED I3EPORE T1IE EXPIRATION DATE THEREOF, NOTICE WILL I3E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD -9- COMMERCIAL LIABILITY GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2_g. 2) is replaced with the following: 2 g 2) A watercraft you dr) not own that Is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. SECTION I - COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by This policy shall he the greater of: a- $10,000, or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary_ GI2('G 602 (09104) Includes cohynr,hied maicrmi orinumaucc Services Orr., s Inc oviih ii. pernussino Pu„c 1 orfi The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage"; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses' during the policy period is $100,000. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B (fern b. and d. are replaced with: h. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds_ d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED item 4. is replaced with: Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "properly damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. 002 r09R04) Inchulcs copvrighlal martrinl or loslrcancc Scn=iuc. )dices luc. x lib its pcuui5si011 Pagc 2 cd 6 Paragraph 6 is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "properly damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000. or b. The amount shown in the Declarations. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a.is replaced with: Duties In The Event of Occurrence, Offense, Claim or Suit a You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising cut of the "occurrence", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess lnsurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: f. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. !tern 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover ail or part of any payment we have made under this Coverage Part, those rights are transferred 10 us. The insured must do nothing after loss to impair them_ At our request, the insured will bring suit or transfer those rights to us and help us enforce them. GU2 (091W Inchule, col»-ri!)hted material or Insurance So vices Ulticc:, htr. with its permission I'aec 3 or % 1� b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23 and 24 arc added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or h. Premises or facilities owned or used by you. (31iCC; 602 (09/0.1) Includes copyrighted material of Insurance Service: Otikes hie. with its permission I ' 4 of 6 With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "properly damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED — VENDORS Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property darnage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; ti1:C(i(,n2 (0'0M) Includes coin ruffed nuucnial or i suruiee Services Offices Inc. with its permission 1'agc 5 of } d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g• Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negtigence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (; 602 (0')'Oi) Hicludcs copyri,luc l matrrial or Insurance Sinn ices 011ccs Inc a il11 is pcunission I'agc (, of '7 - V CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Community Services Department EVENT: Movies in the Park DATE OF EVENT: June 8 h, July 13`h, August l0'h and September le TIME OF EVENT: 6pm to lOpm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO I ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NC) [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE. YES [ x ] NO [ I SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619) 336-4590 Public Works recommends approval of the TIJP and submits the following: Street Division - No involvement Parks Division - No involvement. We will make sure the irrigation is turned off Facilities Division: Public Works has no involvement in this event. DEVELOPMENT SERVICES (619) 336-4290 NPDES inspection required if the other locations are used FINANCE All concession vendors should be licensed. If they arc non profit, they are fee exempt but still must apply. RISK MANAGEMENT Risk Management has no issues with this event. 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. FIRE PT RASE, CONSULT THE BUILDING OFFICIAL AND CITY ELEC I'RICIAN ON NUMBER 8-10 Inspection of Pool Event By Fire Department on 7-13-12 Required Stipulations required by the Fire Department for this event are as follows: 1) Access to public streets to be maintained at all times. 2) Fire Department access into and through the movie 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 and fire department connections, shall not be blocked or obstructed at any time. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide one 2A:10BC fire extinguisher at inflatable screen. 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. Please see attached example. 11 7) Internal combustion power sources (generators) that may be used for inflatable screen shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the inflatable screen is not in use. 8) Internal combustion power sources (gerierator)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 screen. 9) Any ,electrical powerused is to, be properly grounded and approved. Extensioncords; shall b'e used as `.`Ter poxary Wiring" , only, To be evaluated by the Building Official and Cit +i etricia i for requirements due to proximity;" fo; pool a' er 10) Access to electrical appliances sl Electrical area shall he :Section' ;. water to electrical. appliances sh" consult Building Official); 1beIn lrted to c iialifiied personnel only, c pants for safety. Distance from nt Biiilding%Electrical •codes (Please 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. If you have any questions please feel free to contact me. POLICE DEPARTMENT Extra patrol for all movie locations and dates. n CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 12 EM TITLE: TEMPORARY USE PERMIT — Old Town National City 6th Annual Reunion at Casa De Salud on July 21, 2012 from 11 a.m. to 5:30 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: Neighbor PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from the San Diego International Team USA to conduct the Old Tow National City 6th Annual Reunion which will take place on a one -block area that encompasses W. 14th Street. The area to be utilized will be the surface street of W. 14th Street between Wilson & Harding Avenue. During the event, Casa De Salud will be open to display memorabilia and photos exhibited on tables. The restrooms at Casa de Salud will also be available for attendees. This event will also have food and informational booths with a live band & DJ for entertainment. rvices Division The applicant is requesting the use of a City stage, which will be set up at the end of W.14th and Wilson Avenue. Security will be performed by volunteers and participants as well. This event will require the closure of W.14th Street from Harding Avenue to Wilson Avenue, and the rth and South Alley on 00 block of W. 14th Street. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire permits, Public Works fees pending, and PD fees pending Total fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )lication for a Temporary Use Permit with recommended approvals and conditions of approval. Actual Event Hours: ( Ve'D am/pm to 5150 am/pm Start time: --11 % : ° v/'1 Setup/assembly/construction Date: 7— A/ Please describe the scope of your setup/assembly work (specific details): Type of Event: Public Concert Parade Motion Picture Fair _ Festival Demonstration Circus Grand Opening Other Event Title: ©%� On C'L k10 n _ I Event Location: (QS2 CAL SGL / 4! _ Community Event Block Party R 4ni on Event Date(s): From 7 A/-l)to 1 21- ))_Total Anticipated Attendance: Month/Day/Year ( 300 Participants) Spectators) Dismantle Date: r OCompletion Time: 00amlpm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. ta(krA,tnal al- l4 cS r,Lt Sponsoring Organization: 5g D t i 4 a .i n k t ).lira" USAFor Profit 1 '' , r-. Not -for -Profit Chief Officer of Organization (Name) G a I (4 r d ( -1.-iYr1/4$ Uret /7C£ 49e. KO) • I $Uc Applicant (Name): V 1.(. t Ow rA /" _is._J , O inaj G f ,./ Address: 'D. 8 'f' --Itat�4 i L 'r • kb f ?' f1 rl 1 t ' C b� 3�77' Daytime Phone: (t7ici 33��'-Livening Phone: ( ) Fax: ( ) t Contact Person "on site" day of the event: Pager/Cellular: 09-cog-'9b. 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? )( YES NO Are admission, entry, vendor or participant fees required? )( YES NO If YES, please explain the purpose and provide amount(s): 1 Endo r •Pes (off t�Pubtc-)-1 rocef s 90 - o C.54 As S&1ua $ -10 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ oo a 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. -i{14 i YE ti-V- L t 1 l fi0. `7 ) 4.c.t. On 4. 0 n f. 6 /ad< 1 `ti-vt.' 1' 2 n co r N p .S $ t S t- 1 L o rA41 c- so u'l 11 iMs4- Co r rS h 4A- t.Mgo.-1 Ao t, Th CG.rtc. ITo !ems tk-} l L;atcj tit 1\ bt, `-Lt. .es �F b yr LOes n l 41't t-kcxecitn -+-D 47 k or , Pr v cr_ iD u tr i n 1 1/4V1A.4- at) t_r,-t-- -r Lt Cam' .so. di S cLA LI A PQ r• -- b t c t cim p met t(-ph6 cc re,p k s E.X h i b i 1?-cl orb k t kts"\-vt orr' S& Cst.Sa a i da l u U i i I A-1 so b t Its & a ur i r i J t Kr tit. rS.. LA i L l bt. 4 YES x NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: �j _tom CA.-t- rt ht 2 E. n & o-P t' .+1' t, aa r t n I a ') O % `' .°o od c o1k5 - '+rt non'pro-eft- 'I t1 F`orma' o r 13:oi}ss Prr1-1S"7- C Ca.rrc.chxetS)__ L..f-1 .i YES A NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES ,NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. �- YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the a of tents or canopies? If YES} Number of tent/canopies Sizes 7[1 NOTE: A separate Fire Department permit is require fbr tents or canopies. YES _ NO Will the event involve the use of the Ciystage or PAn? l At E 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 y Please describe how food will be served at the event: Call � b t C t. r. l } , ?A.1 oo& k1QtNAk tr 5 1 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 \/ Cr-'4 Fencing, barriers and or barricades `i LS i Generator locations and/or source of electricity Canopies or tent locations (include tertt/canopy dimensions) \(tS Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, slates, grandstands or related structures Vehicles and/or trailers — t4e Other related event components not covered abov@@ Trash containers and dumpsters € dCC .12315QbS4, (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: 4 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event tJcz dtsPostL "Cryt, contia...( rre r5 k4c.I ` 1.a I 3 Please describe your procedures for both Crowd Control and Internal Security: l3ac iG4,t3 Jk'o b. 45ce.cc8 on bo Corners 1, 1-4'1 ‘k svn) $ a b Co ( 1- 4. l u t -r- 2 k c kcr- _ YES 4, NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES'( NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providjkig First Aid Staffing and Equipment. Ely' tAtt.t. bt a DgrSon- -tr51- 1A-1c Please describe your Accessibility Plan for access at your event by individuals with disabilities: (,c;e.s t -Q4 ©f4n Jr- Ea.st1 cuss -F'u t t\-Irt r i,nfio 2„ t) t. tn�' -+- �b C��g�a � Salk, Please provide a detailed description of your PARKING plan: c>f_cvu et. Is t,J t \-Mr(1 t? s ?U , I Ic, ..PcLr l c, ev trctt t,J��- r r1ti no IcaaI ` Pl Please describe your plan for ISABLED PARKING: l t-S 5 �r, SA I ►�c..t /Ic F Please describe your plans to notify all residents, businesses and churches impacted by the even& o tb Ao o r 5 Q 4 rt .Qi s r tY4 � G r4. of)tr,lt t'4ouSt5 On ,ti,sr St(-it, C7 k- 4 5r. h J t Ls o r A-vi- NO Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks_ YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES _ NO Will sound amplification be used? If YES, please indicate: p k sOcgtk P Start time: am/pm Finish Time am/pm YES XNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: a ckJ- - P%lctr0.0%0 n t d. S Q 4-6r-S YES- . NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YFS XNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization O(c C o u1 (�( i t o.rgj et Person in Charge of Activity t z 2r i u,�ti Jcc' Address I Li r 4-1(1 '6 TeTep done A 9-9 —�&&,4 Date(s) of Usel 1— vu — 1 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, elc,) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Pleasesignthe 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) 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? y Yes (Please provide an explanation and details.(' s.Q.ri i or-1 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) ���.-►. 4JLq Sign ure r l Date �_____, -�`J",.IE,. CERTIFICATE OF LIABILITY INSURANCE 4/ii2o 2ro°��' 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 B THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED R ENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Ih.. ,,,,,,,NT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). tODUCER 3aghardlInsurance Services Inc. CONTACT NAME t84 Digital Drive PHONE H00-995-976H FAX (NC No, Exi): {A c. Nog408-414-8199 E-MAIL 'Iorgan Hill, CA 95037 .sales¢. Ism ADDRESS Cg s.com 179I300 INSURERS) AFFORDING COVERAGE NAICY ;URED San Diego International INSURER A _ New Pork Marine & General Ins. 16608 Team USA INSURER B Federal insurance Company 20281 Convoy Court 4280 INSURER C San Diego, CA 92117 NSURER D_ 858-361-9344 INSURER E: I INSURER F )VERAGES CERTIFICATE NUMBER: REVISION "HIS IS TO CERTIFY THAT THE POLICIES VDICATED. NOTWITHSTANDING ANY REQUIREMENT, :ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, XCLUSIONS AND CONDITIONS OF SUCH POLICIES- OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED BO E FOR THETPOLICY TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIN RESPECT TO WHICH THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR PERIOD THIS THE TERMS, TYPE OF INSURANCE GENERAL LIABILITY I INSR MD POLICY NUMBER (MPOLICY EFF MIDDNYYYI POLICY EXP (MM/DDNYYY) LIMITS - COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,0000 CLAIMS -MADE I X I OCCUR AV GE 10 KENIEU PREMISES jEa occurrence) $ 300,000 r a Abuse & MolestationMED PK201200000419 EXP (Any one person) $ -0- % % 5/1/2012 5/1/2013 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Y --. CY pl PRO- Jeer LOC PRODUCTS-COMP/OPAGG $ 1+000,000 I 31LE LIABILITY Participant Legal Liab $ 1,000,000 — ..�.rAUTO COMBINED SINGLE LIMIT (Ea accident) $ I,000,000 ALL OWNED AUTOS r — SCHEDULED AUTOS PK201200000419 5/1/2012 5/1/2013 BODILY INJURY (Per person) $ HIRED AUTOS k WNED AUTOS BODILY INJURY iper accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR I X OCCUR $ X EXCESS LIAR CLAIMS -MADE X UM201200000112 5/1/2012 $/1/2013 EACH OCCURRENCE $ 4,000,000 DED j RETENTION $ AGGREGATE $ 4,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY hNY RP.OPft!ETORIPARTNFR'E%EC'_T):'E YIN WC STATU- TORY LIMITS OTH- ER $ OFFICER/MEMBER EXCI. tJDED? --r (Mandatory in NH) NIA E.L. EACH ACCIDENT $ If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - EA EMPLOYEE $ Accident Medical EL DISEASE - POLICY Catastrophic Medical 7PTION OF 9907-0913 9907-0917 5/1/2012 5/1/2012 5/1/2013 5/1/2013 LIMIT Limit $250K /S250 DED AD&D $IOK / Dental $3K Limit S500K $ OPERATIONS, LOCATIONS / VEHICLES (Attach ACORD 101,Additional Remarks Schedule, if more space is required) :ertificate holder is included as an additional insured, but only with et to the liability arising out of the negligence of the named insured. All ' terms and conditions apply. IFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. rational City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VNLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE )25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Y SANDIEG-05 DURI ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE IMM/OD/YYYY) 1 /10/2012 RODUCER )agtiardi Insurance Services, Inc. 84 Digital Drive !organ Hill, CA 95037 VSURED San Diego International Team USA 6460 Convoy Court #280 San Diego, CA 92117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Casualty Insurance Company 11991 INSURER a Federal Insurance Company 20281 INSURER C: INSURER D INSURER E: ;OVERAGES IHt ANY MAY POLICIES. SR TR PVLIUIES REQUIREMENT, PERTAIN, ADD'L NSRO UI- INSUHANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE9F INSURANCE POUCY NUMBER POUCY EFFECTIVE GATE (MM/DD/YYl POUCY EXPIRATION DATE IMM/DDt YI LIMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY KRO1353100 5/112011 5/1/2012 EACH OCCURRENCE $ 1,000,000 PREMSES(Ea Ocwreoce) $ 300,000 X GEM X CLAIMS MADE X OCCUR Abuse & Molestation MED EXP (Any one person) $.- -0- PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ NONE AGGREGATE LIMI F APPLIES PER- PRODUCTS - COMP/OP AGG $ 2,000,000 PRO - POLICY PR0 LOC Participant Legal Liab 1,000,000 AUTOMOBILE X X LIABILITY ANY AU TO ALL OWNED AUTOS SCHEDULED AUTOS AIRED AUTOS NON -OWNED AUTOS KR01353100 5/1/2011 5/1/2012 DSINGLE UMT (EOMacddent) $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per acddent) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA X LIABILITY XKO1353200 5/1/2011 5/1/2012 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000i $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORiR1RTNER/FxECUTIV[ _.-: C.E:iAtEMBER EARLUUE.a_ Ifyes, describe under TWC STATLI- ORY LIM ITS OER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE - - - _— $ E L DISEASE -POLICY LIMIT $ I OTHER Youth BB Medical $100 Ded $250 9906-4877 5/1/2011 5/1/2012 ADBD/Dental 10,000/2,000 Limit 250,000 ESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS IE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED, BUT ONLY AS RESPECTS TO CLAIMS ARISING OUT OF EGLIGENCE OF THE NAMED INSURED. ALL POLICY TERMS AND CONDITIONS APPLY. CTJTIrlr^*TIC Uri, r,rr, CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 CORD 25 (2001/08) J 0 dr:j ,U CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: San Diego International Team USA EVENT: Old Town National City 6th Reunion DATE OF EVENT: July 21, 2012 TIME OF EVENT: 11 a.m. to 5:30 p.m. APPROVALS: DEVELOPMENT SERVICES FIRE PUBLIC WORKS/PARKS FINANCE COMMUNITY SERVICE POLICE CITY ATTORNEY RISK MANAGER YES [xI NO[ ] YES [xl NO [ 1 YES[x] NO[ ] YES [ x ] NO [ ] YES[x] NO[ I YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE 336-4400 I will try and get reserves to assist in security for the NC Reunion and extra patrol; if none are available I am suggesting that the organizer pay overtime for two officers for security. A cost analysis will be sent over in the afternoon. PUBLIC WORKS 336-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division 1. The cost for our Extended stage is (21' X 28') set up $931.52 and breakdown is $931.52 for a total of $1863.04 for this event. 2. Set up will be done on July 21, 2012 at 7:00 am with breakdown the same day at 7:00 pm 3. Event organizers will be responsible for the clean up. Thank you for the opportunity to comment on this TUP. We would appreciate receiving a copy of the final approval / denial report after it is submitted to the City Council for their consideration. Please let me know if you need any other information. RISK MANAGER (619) 336-4370 Provide Additional insured endorsement naming the City of National City as an additional insured. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) 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. Extinguishers to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. A single fire extinguisher shall be mounted in the area of the stage. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example. 5) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed. Canopies: Tents: 0 -- 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 6) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 9) First Aid will be provided by organization. Note: A $200.00 inspection fee for an after hour/weekend fire inspection shall be required. Total cost for this event shall be $200.00 paid directly to the National City Fire Department under permit. Fees can only be waived by City Council. �y DEVELOPMENT SERVICES (619) 336-4398 *The Engineering Department has the following comment on the Old Town NC Reunion: The applicant shall submit a traffic control plan and detour plan for the proposed street closures. A traffic control plan review fee of $476.00 shall be paid at the time of the submittal of the plan. The traffic control plan shall be approved prior to the event. `Building has no comments for either event. *Planning: speakers facing up or down the street, not into adjacent properties. FINANCE I need to know who the food vendors will be. If they are outside vendors they need a Business License and a copy of their health permit. If the food vendors will be from within the organization they will need "Food handler cards" from the Health Dept. The sponsoring organization "San Diego Intern Team, USA" needs a business license. If they are non profit they don't have to pay but they still need fill out an app and provide proof of "non-profit" status. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: San Diego International Team USA EVENT: Old Town National City 6th Reunion DATE OF EVENT: July 21, 2012 TIME OF EVENT: 11 a.m. to 5:30 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ 1 SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ I SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE 336-4400 I will get reserves to assist in security for the NC Reunion and extra patrol. CA-- adI oSRS, sa CC PUBLIC WORKS 336-4580 Applicant has submitted a Facility Use Application to use Casa de Salud on day of event. Applicant is a local non-profit organization and may be exempt from room rental fees. This event is not a City -sponsored or co- sponsored event per Council Policy 804. Costs are as follows: Fees Non-Waivable Fee Refundable Deposit Hall Fee $ 152.43 Facility Use Fee $50.00 Cleaning $100.00 Tables and chairs have not been requested. In the event a request is made in the future, we will amend our comments. Street Division 1. Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. 2. Staff will post "no parking:" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $114.38. "No Parking" signs 6 x $0.46 $ 2.70 Barricades 6 x $0.35 $ 2.10 Truck Hours 2 hrs x $19.09 $ 38.18 Man Hours 2 hrs x $35.70 $ 71.40 Total $114.38 Park Division 1. The cost for the extended stage (21' x 28') set up is $931.52 and breakdown is $931.52 for a total of $1,863.04 for this event. 2. Set up will be done on July 21, 2012 at 7:00 am with breakdown the same day at 7:00 pm. 3. Event organizers will be responsible for the clean up. Facilities Division No involvement. RISK MANAGER (619) 336-4370 Provide Additional insured endorsement naming the City of National City as an additional insured. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) 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. Extinguishers to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. A single fire extinguisher shall be mounted in the area of the stage. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example. 5) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 6) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 9) First Aid will be provided by organization. Note: A $200.00 inspection fee for an after hour/weekend fire inspection shall be required. Total cost for this event shall be $200.00 paid directly to the National City Fire Department under permit. Fees can only be waived by City Council. DEVELOPMENT SERVICES (619) 336-4398 *The Engineering Department has the following comment on the Old Town NC Reunion: The applicant shall submit a traffic control plan and detour plan for the proposed street closures. A traffic control plan review fee of $476.00 shall be paid at the time of the submittal of the plan. The traffic control plan shall be approved prior to the event. *Building has no comments for either event. *Planning: speakers facing up or down the street, not into adjacent properties. FINANCE need to know who the food vendors will be. If they are outside vendors they need a Business License and a copy of their health permit. If the food vendors will be from within the organization they will need "Food handler cards" from the Health Dept. The sponsoring organization "San Diego Intern Team, USA" needs a business license. If they are non profit they don't have to pay but they still need fill out an app and provide proof of "non-profit" status. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15th, 2012 AGENDA ITEM NO. 13 EM TITLE: VVarrant Register #42 for the period of 04/11/12 through 04/17/12 in the amount of $1,355,904.09. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4331', APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/11/12 through 04/17/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation City of Chula Vista 301605 52,491.00 Animal Shelter Costs / Police Kimley Horn 301631 81,238.83 Coolidge Ave Services / Feb 2012 � 'fdie Rabines Architects 301661 68,483.50 Aquatic Center Services / Feb 2012 uG&E 301669 50,868.20 Street as & Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: .�,�-.. Finance APPROVED: ,/ MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,355,904.09 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #42 PAYEE FRANK TOYOTA GRAINGER L N CURTIS & SONS L N CURTIS & SONS MUNICIPAL EMERGENCY SERVICES DEUTSCHE BANK NATIONAL CONSTRUCTION RENTAL POWER PLUS PRUDENTIAL OVERALL SUPPLY THE SOHAGI LAW GROUP PLC AMAZON BAKER & TAYLOR BRODART MIDWEST TAPE OMNIGRAPHICS SPRINT U S POSTMASTER XEROX CORPORATION 4A INDUSTRIES ALIFORNIA LLC AETNA RESOURCES FOR LIVING AK & COMPANY ALLSTATE POLICE EQUIPMENT AMR ARCO GASPRO PLUS BEHAVIOR ANALYSIS BLACK ROCK CONSTRUCTION BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC BSN SPORTS CPOA CA DEP OF PUBLIC HEALTH CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA RESERVE PEACE CEB CHEVRON & TEXACO CHILDREN'S HOSPITAL CINTAS DOCUMENT MANAGEMENT CITY OF CHULA VISTA CLEAN HARBORS CLF WAREHOUSE COMMERCIAL AQUATICS SERVICES )NWOOD ELECTRIC CART SALES DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS D-MAX ENGINEERING DREW FORD WARRANT REGISTER #42 4/17/2012 DESCRIPTION TOYOTA PRIUS HYBRID MISC SUPPLIES / FIRE DEPARTMENT AIR BAGS / FIRE DEPT SUPPLIES FOR FIRE DEPARTMENT SUPPLIES FOR FIRE DEPARTMENT ADMIN FEE 2011 TAX ALLOC BONDS SITE FENDING AT 1640 E PLAZA BLVD EQUIPMENT RENTAL (POWER POLES) MOP# 45742. LAUNDRY SVCS / NSD LEGAL / # 37-2011-00078086-CU-MC-SC BOOKS - AS NEEDED FOR FY 2012 BOOKS - AS NEEDED FOR FY 2012 BOOKS - AS NEEDED FOR FY 2012 DVD'S - AS NEEDED FOR FY 2012 BOOKS - AS NEEDED FOR FY 2012 VIDEO CONFERENCING, LONG DISTANCE POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES AND OVERAGES POOL CHEMICALS POLICE DEPARTMENT VEHICLE BUILD UP EMPLOYEE ASSIST PROG / APR 2012 ANNUAL CLAIMS - FINANCE RAT TRAP REPLACEMENT SPIKES/PD BANDAGE, GAUZE, TAPE, GLOVES ETC FUEL TUITION: INT & INVESTIGATION COURSE CONCRETE IMPROVEMENTS POOL CHEMICALS MOP 72447 AUTO PARTS SOCCER SHINGUARDS WNIIHITE STRAP TUITION: PUBLIC RECORDS ACT/PD RENEWAL OF LEAD INSPECTOR CERT MOP 45698 ELECTRICAL MATERIAL PARADISE CREEK LITTER REMOVAL CRPOA ANNUAL MEMBERSHIP / POLICE CA ADMIN MANDAMUS 2012 UPDATE MOP 45699 FUEL CHILD ABUSE EXAMS / POLICE MONTHLY SHREDDING / POLICE ANIMAL SHELTER COSTS HAZARDOUS WASTE PICKUP FLEX HOUSE 3.5 IN EXH 1350-10 HEADER GASKETS & TUBE GASKETS SWITCH, ON -OFF LIGHTS FREEDOM A4SCE REIMBURSEMENT / MEMBERSHIP FEE MOP 72654 TIRES COMPANY MAINTENANCE / MAR 2012 STORM WATER SERVICES MOP 49078 AUTO PARTS 1/3 CHK NO DATE AMOUNT 301566 4/12/12 1,049.25 301567 4/12/12 3,137.78 301568 4/12/12 10,952.23 301569 4/16/12 343.65 301570 4/16/12 9,735.30 301571 4/17/12 1,500.00 301572 4/17/12 142.52 301573 4/17/12 195.00 301574 4/17/12 13.34 301575 4/17/12 3,602.50 301576 4/17/12 1,212.54 301577 4/17/12 1,520.94 301578 4/17/12 1,533.06 301579 4/17/12 438.29 301580 4/17/12 59.70 301581 4/17/12 11.49 301582 4/17/12 272.36 301583 4/17/12 985.55 301584 4/17/12 1,236.68 301585 4/17/12 10,016.39 301586 4/17/12 730.32 301587 4/17/12 3,300.00 301588 4/17/12 224.95 301589 4/17/12 1,728.19 301590 4/17/12 43,148.31 301591 4/17/12 472.00 301592 4/17/12 719.33 301593 4/17/12 547.79 301594 4/17/12 402.38 301595 4/17/12 106.58 301596 4/17/12 250.00 301597 4/17/12 225.00 301598 4/17/12 106.68 301599 4/17/12 864.00 301600 4/17/12 924.00 301601 4/17/12 517.10 301602 4/17/12 296.56 301603 4/17/12 1,260.00 301604 4/17/12 72.95 301605 4/17/12 52,491.00 301606 4/17/12 1,877.82 301607 4/17/12 89.85 301608 4/17/12 12,523.53 301609 . 4/17/12 135.27 301610 4/17/12 190.00 301611 4/17/12 896.22 301612 4/17/12 1,000.75 301613 4/17/12 11,505.01 301614 4/17/12 7.49 PAYEE ESRI INC EXPERIAN FALLEN OFFICERS FUND FASTENAL COMPANY FEDEX FERGUSON ENTERPRISES INC GRAINGER GROSSMAN PSYCHOLOGICAL HARRIS & ASSOCIATES INC HAWTHORNE MACHINERY HONEYWELL INTERNATIONAL INC HUB CONSTRUCTION SPECIALTIES INDEPENDENT FORENSIC SERVICES JERAULDS CAR CARE CENTER JJJ ENTERPRISES KAMAN INDUSTRIAL TECHNOLOGIES KIMLEY HORN AND ASSOC INC LANGUAGE LINE SERVICES LASER SAVER INC LEXIS NEXIS LINCOLN EQUIPMENT INC MACIAS MALLORY SAFETY & SUPPLY LLC MAN K-9 INC. MASON'S SAW & MATTHEW BENDER & CO INC MCGOUGH METRO AUTO PARTS DISTRIBUTOR MUNI SERVICES NAPA AUTO PARTS NATIONAL CITY TROPHY NORRDIN ORANGE COUNTY SHERIFF'S DEPT O'REILLY AUTO PARTS ORIENTAL TRADING CO INC PACIFIC AUTO REPAIR PERRY FORD PMW ASSOCIATES POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY QUALITY MECHANICAL PROFESIONAL RANDOLPH EDWARDS RON BAKER CHEVROLET SAFARILAND, LLC SAFDIE RABINES ARCHITECTS SAN DIEGO COUNTY HISPANIC SAN DIEGO MIRAMAR COLLEGE WARRANT REGISTER #42 4/17/2012 DESCRIPTION ARCINFO PRIMARY MAINTENANCE CREDIT CHECKS / POLICE DEPT REGISTRATION: SD GANG CONFERENCE SUPPLIES FOR FIRE DEPARTMENT SHIPMENT CHARGES - FINANCE MOP 45723 SEWER PIPE & MATERIALS MOP 65179 ELECTRICAL MATERIAL OFFICER ASSISTANCE-APR/MAY/JUN2012 30TH & F PED CROSSING ENHANCEMENTS BOLT/NUT/CUTTING EDGE REPAIRS YAMAHA EF2600 GENERATOR SART EXAMS / POLICE MUFFLER WAVEXHAUST PIPE/WELDING GAS ALARM MONITORING 1 1/2 TAPERED BUSHING/SPROCKET COOLIDGE AVE SERVICES, FEB., 2012 LANGUAGE LINE INTERPRETATION SVCS MOP# 45725. INK CARTRIDGES / ATNY ONLINE LEGAL RESEARCH FY12 COMPETITOR VINYL COVERED CABLE TRAFFIC COLLISION INV COURSE/PD CAP SEAL RING TRAINING FOR POLICE - MAR 2012 MOP 45729 MATERIALS & SUPPLIES CA PUBLIC SECTOR LABOR RELATIONS INTERVIEW & INTERROGATION COURSE INV P208405/P208438/P208399 SUTA/DIST. TAX -CA QTR ENDING 09/30/11 MOP 45735 AUTO PARTS MOP 66556 BUILDING MATERIAL POLICE BUDGET ACADEMY / NORRDIN TUITION: TRAFFIC COLLISION INV DISC PAD SET PFC/BRAKE ROTOR STICKERS/PAINT DOTTERS/CRAFT CUPS SMOG CERTIFICATION & REPAIRS MOP 45703 R&M AUTO EQUIPMENT TUITION: POLICE BUDGET ACADEMY MOP 67839 AUTO PARTS MOP 45707 BUILDING MATERIAL BUS SHELTERS MOP 45742 LAUNDRY SERVICE CIVIC CENTER DATA CENTER REDUNDANT AC REFUND / BUSINESS LICENSE MOP 45751 AUTO PARTS LAB SUPPLIES / POLICE AQUATIC CENTER, FEBRUARY SERVICES 5 DE MAYO EVENT / MYR TUITION -TRAFFIC COLLISION/PUBLIC SAFETY 2/3 CHK NO DATE AMOUNT 301615 4/17/12 11,560.64 301616 4/17/12 27.00 301617 4/17/12 80.00 301618 4/17/12 1,687.98 301619 4/17/12 23.17 301620 4/17/12 399.28 301621 4/17/12 274.46 301622 4/17/12 1,987.50 301623 4/17/12 17,041.95 301624 4/17/12 830.39 301625 4/17/12 1,304.96 301626 4/17/12 891.75 301627 4/17/12 2,862.00 301628 4/17/12 1,331.10 301629 4/17/12 618.94 301630 4/17/12 148.65 301631 4/17/12 81,238.83 301632 4/17/12 54.13 301633 4/17/12 1 " 301634 4/17/12 301635 4/17/12 200.0, 301636 4/17/12 749.34 301637 4/17/12 61.20 301638 4/17/12 600.00 301639 4/17/12 336.50 301640 4/17/12 696.21 301641 4/17/12 640.00 301642 4/17/12 353.93 301643 4/17/12 395.84 301644 4/17/12 131.99 301645 4/17/12 20.39 301646 4/17/12 461.15 301647 4/17/12 65.00 301648 4/17/12 1,009.88 301649 4/17/12 212.47 301650 4/17/12 771.28 301651 4/17/12 1,606.45 301652 4/17/12 393.00 301653 4/17/12 278.43 301654 4/17/12 166.28 301655 4/17/12 6,607.50 301656 4/17/12 115.38 301657 4/17/12 12,160.00 301658 4/17/12 ' 301659 4/17/12 301660 4/17/12 1,411.60 301661 4/17/12 68,483.50 301662 4/17/12 50.00 301663 4/17/12 252.00 PAYEE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SASI SD CNTY CITY CLERK'S ASSO SDG&E SDMSE SAN DIEGO PROJ HEARTBEAT SMART & FINAL SOUTH BAY COMMUNITY SERVICES SOUTHWEST SIGNAL'SERVICE STAPLES ADVANTAGE SWEETWATER AUTHORITY SWRCB TAB PRODUCTS CO TARULLI TIRE SAN DIEGO INC THOMSON WEST TOM MOYNAHAN TOPECO PRODUCTS NG AND CONSULTING TEAM 1 NK U.S. HEALTHWORKS UNITED ROTARY BRUSH URS CORPORATION VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 8 3/20/2012 I1VC6RPORATED WARRANT REGISTER #42 4/17/2012 DESCRIPTION INV13757 / ROT TRAINING ROT TRAINING / PD TUITION. FIELD TRAINING OFFICER UPDATE OPEN ENROLLMENT PARTICIPANT 2/12 2011-12 ANNUAL MEMBERSHIP STREET GAS & ELECTRIC SVCS FOR AUTOMATIC EXTERNAL DEFIB MOP 45756 MIC SUPPLIES-PD EXP REIMBURSEMENT/JUL-DEC 2011 TRAFFIC SIGNAL & STREET LIGHTING MOP 45704 OFFICE SUPPLIES-PD WASTEWATER WATER BILL SWRCB / 8TH STREET PROJECT OFFICE SUPPLIES MOP 47940 TIRES LEGAL PUBLICATIONS-3/5/12-4/4/12 MOP 45734 R&M AUTO EQUIPMENT MOP 63849 TIRES CANINE LIABILITY 360 COURSE / PD CREDIT CARD EXP - FIRE DOT EXAM / HR MOP 62683 R&M AUTO EQUIPMENT CIP MANAGEMENT MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE / PD CELL PHONE CHGS-CEDV PD JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES/PD MOP 63850 AUTO PARTS MOP 45763 ELECTRICAL MATERIAL Start Date 4/11/2012 End Date 4/2/2012 End Date 4/17/2012 Check Date 4/11/2012 3/3 CHK NO DATE AMOUNT 301664 4/17/12 108.00 301665 4/17/12 72.00 301666 4/17/12 36.00 301667 4/17/12 15.00 301668 4/17/12 30.00 301669 4/17/12 50,868.20 301670 4/17/12 292.50 301671 4/17/12 39.43 301672 4/17/12 22,749.00 301673 4/17/12 11,042.22 301674 4/17/12 1,062.24 301675 4/17/12 239.45 301676 4/17/12 892.00 301677 4/17/12 175.98 301678 4/17/12 156.00 301679 4/17/12 1,287.83 301680 4/17/12 216.40 301681 4/17/12 121.78 301682 4/17/12 95.00 301683 4/17/12 1,784.23 301684 4/17/12 55.00 301685 4/17/12 593.69 301686 4/17/12 2,530.40 301687 4/17/12 415.04 301688 4/17/12 890.83 301689 4/17/12 61.56 301690 4/17/12 2,615 29 301691 4/17/12 412.80 301692 4/17/12 29.53 301693 4/17/12 229.57 A/P Total 505,427.78 15,635.11 834, 841.20 GRAND TOTAL $ 1,355,904.09 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 TIIE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NO IN. FINANCE LESLIE DEESE, 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 15`h OF MAY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15th, 2012 AGENDA ITEM NO. 14 EM TITLE: Warrant Register #43 for the period of 04/18/12 through 04/24/12 in the amount of $578,470.64. (Finance) PREPARED BY: K. Apalategui', DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/18/12 through 04/24/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Ret System 301777 273,469.41 Retirement Insurance Period 4/03-04/16/2012 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $578,470.64 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: errant Register #43 • PAYEE ALDEMCO RAY CHRISTENSEN & SPATH LLP DEPARTMENT OF HOUSING & GEOSYNTEC CONSULTANTS INC KEYSER MARSTON ASSOC MAZZARELLA LORENZANA LLP NATIONAL CONSTRUCTION RENTAL OPPER & VARCO PRUDENTIAL OVERALL SUPPLY SDG&E SWEETWATER AUTHORITY 3M COMPANY 3T EQUIPMENT COMPANY INC AFLAC AIRGAS WEST ALL FRESH PRODUCTS AMR AO(S ENVIRONMENTAL *MOBILITY MCI AUSTIN DOORS BEHAVIOR ANALYSIS BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BOOT WORLD BRIAN COX MECHANICAL INC BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS CALIFORNIA ELECTRIC SUPPLY CAMACHO CHILDREN'S HOSPITAL CLAIMS MANAGEMENT ASSOCIATES COOPERS PLUMBING & HEATING COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DANIELS TIRE SERVICE DAPPER TIRE COMPANY D-MAX ENGINEERING DUNBAR ARMORED INC ESGIL CORPORATION ETZLER 9F T SERVICES INC 8 F EIGN SPEEDO INC GIL GRAINGER GRANICUS INC GREEN MECHANICAL CONTRACTORS NNW I1VC611. • OR tr TED WARRANT REGISTER # 43 4/24/2012 DESCRIPTION FOOD & CONSUMABLES / NUTRITION RETIREE HEALTH BENEFITS MAR 2012 LEGAL SERVICES / ARE HOLDINGS MCC APPLICATION FILING FEE ENVIRONMENTAL CONSULTING PROFESSIONAL SERVICE LEGAL SERVICES TO PURSUE INDEMNITY FENCING - 1640 E PLAZA BLVD LEGAL AGREEMENT MOP45742. LAUNDRY SERVICES/ NSD GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES FOR CDC SINGLE VISION / PW CONN TNC BULKHEAD 1/2IN MODIFIED AFLAC ACCT BDM36 APRIL 2012 MOP 45714 WEARING APPAREL FOOD FOR NUTRITION CENTER HCP CPR CARDS / FIRE DEPT CONSULTING SERVICES SECURE WIRELESS / PD SBC AT&T PHONE SERVICE FOR FY12 CITY-WIDE DOOR, ROLL -UP DOORS, GATES, TUITION: INTERVIEW & INTERROGATION MOP 67727 METAL NAME TAG - PD MILK AND DAIRY DELIVERY FOR NUTRITION MOP 64096. SAFETY BOOTS / NSD BCM HVAC MAINTENANCE MOP 72447 AUTO PARTS WINDSHIELD GREEN TINT/BLUE SHADE MOP 45698 ELECTRICAL MATERIAL SUBSISTENCE -INTERVIEW & INTERROGATION CHILD ABUSE EXAMS CONSULTANT SERVICES PLUMBING SERVICES, REPAIRS DISTRICT RENEWAL FEE MAIL PROCESSING SERVICES COX COMMUNICATIONS DATA AND VIDEO 12R225 H G661 HSA TIRES / PW 425/65R225 L G296 MSA TIRES / PW DEPOSIT#1684 NC PARK LOFTS ARMORED SERVICES / MARCH 2012 PLAN CHECK SERVICES FOR FIRE PLAN REGIONAL OFFICER TRAINING 16.5X6.00 BRAKE DRUM / PW 2012 C.A.P.E. CONFERENCE VDO ELECTRONIC SPEEDOMETER/PW SUBSISTENCE: BASIC CRIMINAL INV MOP 65179 BUILDING MATERIAL GRANICUS WEBCAST SERVICE / MIS CHILLER REPLACEMENT PROJECT 1/3 CHK NO DATE AMOUNT 301694 4/18/12 3,522.51 301695 4/19/12 190.00 301696 4/24/12 5,840.00 301697 4/24/12 80.42 301698 4/24/12 1,258.22 301699 4/24/12 7,905.00 301700 4/24/12 225.00 301701 4/24/12 142.52 301702 4/24/12 3,120.18 301703 4/24/12 13.34 301704 4/24/12 107.70 301705 4/24/12 39.80 301706 4/24/12 63.63 301707 4/24/12 816.20 301708 4/24/12 1,075.30 301709 4/24/12 134.61 301710 4/24/12 1,034.10 301711 4/24/12 753.00 301712 4/24/12 360.00 301713 4/24/12 2,410.71 301714 4/24/12 7,580.70 301715 4/24/12 369.61 301716 4/24/12 472.00 301717 4/24/12 32.63 301718 4/24/12 538.34 301719 4/24/12 232.75 301720 4/24/12 150-00 301721 4/24/12 337.12 301722 4/24/12 307.70 301723 4/24/12 828.45 301724 4/24/12 640.00 301725 4/24/12 1,094.00 301726 4/24/12 4,965.00 301727 4/24/12 5,000.00 301728 4/24/12 372.00 301729 4/24/12 3,470.94 301730 4/24/12 3,049.70 301731 4/24/12 1,858.19 301732 4/24/12 7,112.30 301733 4/24/12 1,030.00 301734 4/24/12 197.59 301735 4/24/12 1,382.00 301736 4/24/12 62.04 301737 4/24/12 2,062.77 301738 4/24/12 395.62 301739 4/24/12 240.42 301740 4/24/12 743.23 301741 4/24/12 110.10 301742 4/24/12 1, 477.35 301743 4/24/12 46,386.40 PAYEE HAMILTON MEATS & PROVISIONS HARLAN HARRIS & ASSOCIATES INC HICKS HOME DEPOT CREDIT SVCS HYDRO SCAPE PRODUCTS INC JERAULDS CAR CARE CENTER JJJ ENTERPRISES KAYLEIGH WARNE KIMLEY HORN AND ASSOC INC LASER SAVER INC LOPEZ MALLORY SAFETY & SUPPLY LLC MARTINEZ MASON'S SAW & MELLADO DESIGNS MINUTEMAN PRESS MOSSY NISSAN MUNICIPAL EMERGENCY SERVICES NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NAT'L CITY CHAMBER OF COMMERCE NEXUS IS INC NICHOLAS MATTHEWS O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES INC PBS&J PERRY FORD POSITIVE PROMOTIONS POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUIROGA R J SAFETY SUPPLY RENAISSANCE PALM SPRINGS HOTEL RIVERSIDE SHERIFF'S DEPT RIVERSIDE SHERIFFS DEPT RIVERSIDE SHERIFF'S DEPT ROUNDS SAN DIEGO COUNTY ASSESSOR SAN DIEGO PET & LAB SUPPLY SDG&E SMART SOURCE OF CA LLC SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY SPARKLETTS STAPLES ADVANTAGE STARTECH COMPUTERS xivcont.ORATED WARRANT REGISTER # 43 4/24/2012 DESCRIPTION MEAT / NUTRITION CENTER OFFICER INVOLVED SHOOTING INVESTIGATIONS 8TH ST SMART GROWTH REVITALIZATION REFUND DUE TO RETIREE ALABASTER FLUSH MOUNT 1LT MOP 45720 PIPES, VALVES & FITTINGS RADIATOR V6 W/O REAR NC / PW ALARM MONITORING PUBLIC SAFETY DISPATCH ACADEMY NCBLVD & 14TH PEDESTRIAN ENHANCEMENTS MOP 45725 INK CARTRIDGE - ENG TRANSLATION SERVICES DIAPHRAGM ASSY! FIRE DEPT TRAVEL: CIVILIAN SUPERVISORY COURSE MOP 45729 SMALL TOOLS CS411 TACTICAL POLO SHIRTS/ NSD MED AUTHORIZATION RELEASE FORMS LABOR, ENGINE SVCS, REPLACE BRAKES CHEMGUARD 5 GAL PAIL / FIRE MOP 72441 R&M AUTO EQUIPMENT CAR WASHES NC TOURISM MARKETING -FEB 2012 NEXUS QUARTERLY PHONE SYSTEM SUBSISTENCE: BASIC CRIMINAL INV INV: 3186-310928 / AUTOMOTIVE PARTS JANITORIAL SUPPLIES FOR NUTRITION CONSULTANT SERVICES MOP 45703 R&M AUTO EQUIPMENT STICKERS - FIRE PREVENTION / FIRE MOP 67839 AUTO PARTS MOP45707. SUPPLIES FOR FIRE DEPT KNIFE SHARPENING SERVICES FOR NUTRITION MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 4/03-04/16/2012 SUBSISTENCE: BASIC CRIMINAL INVESTIGATION PRO CONST HARNESS W/BACKBELT RESERVATIONS FOR CFED WEST TUITION: BASIC CRIMINAL INV TUITION: BASIC CRIMINAL INV TUITION: BASIC CRIMINAL INV REGIONAL OFFICER TRAINING RECORD SUBSTITUTION OF TRUST MOP 45753 K9 FOOD - PD FACILITIES GAS & ELECTRIC PRINTING OF BUDGET BOOKS / FIN CDBG AGREEMENT JAN-MAR 2012 2" PSI GAUGE PIERCE / PW WATER / MYR OFFICE COPY PAPER / CITY MOP 61744 KEYBOARD/MOUSE/SATA DOCKING 2/3 CHK NO DATE AMOUNT 301744 4/24/12 1,735.15 301745 4/24/12 103.69 301746 4/24/12 17,112.33 301747 4/24/12 32.90 301748 4/24/12 117.29 301749 4/24/12 69.08 301750 4/24/12 1,213.40 301751 4/24/12 900.00 301752 4/24/12 436.35 301753 4/24/12 12,767.00 301754 4/24/12. 118.97 301755 4/24/12 140.00 301756 4/24/12 238.08 301757 4/24/12 222.00 301758 4/24/12 301.42 301759 4/24/12 902.88 301760 4/24/12 96.54 301761 4/24/12 593.91 301762 4/24/12 1,226.45 301763 4/24/12 301764 4/24/12 301765 4/24/12 15,085.75 301766 4/24/12 3,430.96 301767 4/24/12 640.00 301768 4/24/12 838.95 301769 4/24/12 109.62 301770 4/24/12 2,963.00 301771 4/24/12 319.90 301772 4/24/12 329.84 301773 4/24/12 405.85 301774 4/24/12 522.60 301775 4124/12 46.00 301776 4/24/12 410.64 301777 4/24/12 273,469.41 301778 4/24/12 640.00 301779 4/24/12 204.33 301780 4/24/12 566.38 301781 4/24/12 179.00 301782 4/24/12 179.00 301783 4/24/12 179.00 301784 4/24/12 62.04 301785 4/24/12 433.00 301786 4/24/12 247.82 301787 4/24/12 4,9^°G 301788 4/24/12 1, 301789 4/24/12 6,2,.,..,., 301790 4/24/12 516.54 301791 4/24/12 4.00 301792 4/24/12 2,952.23 301793 4/24/12 221.81 PAYEE STEPHENS PUBLISHING COMPANY SUMMIT SUPPLY SWEETWATER AUTHORITY SYSCO SAN DIEGO TEODORO OVALLE THE BANK OF NEW YORK THE ENGRAVING STORE THE ORLEANS HOTEL TRUCKIN STUFF UNION TRIBUNE PUB CO UNITED PARCEL SERVICE UNITED ROTARY BRUSH URBAN FUTURES VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT WESTAIR GASES & EQUIPMENT INC WESTFLEX INDUSTRIAL KER BROTHERS 'S ELECTRONIC SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT INQOR ,OnATill WARRANT REGISTER # 43 4/24/2012 DESCRIPTION JUNIOR RED FIRE HATS / FIRE DEPT WELDED CHAIN NET / PW FACILITIES WATER BILL FOOD & CONSUMABLES FOR NUTRITION CENTER LIABILITY CLAIM COSTS CUSTODIAN FEES - JAN - MAR 2012 ENGRAVED FLAG BOX - FIRE RESERVATIONS FOR FIRE-MED 2012 GRA-40030 CR / PW LEGAL NOTICES ADVERTISING/GRANTS UPS SHIPMENT SWEEPER REPAIRS FINANCIAL ADVISORY SVCS / AB26 MOP 46453 PLUMBING MATERIAL K9 VET CARE VERIZON WIRELESS PHONE SERVICE MOP 68834 TRAFFIC CONTROL SUPPLIES SPERIAN 02 SENSOR / FIRE MOP 63850 AUTO PARTS SHREDDER SVC 05/01/12-04/30/13 MOP 45763 ELECTRICAL MATERIAL 3/3 CHK NO DATE AMOUNT 301794 4/24/12 500.00 301795 4/24/12 174.00 301796 4/24/12 12.039.37 301797 4/24/12 4,810.19 301798 4/24/12 550.00 301799 4/24/12 300 00 301800 4/24/12 114.11 301801 4/24/12 1,208.88 301802 4/24/12 119.82 301803 4/24/12 1,252.00 301804 4/24/12 87.06 301805 4/24/12 819.03 301806 4/24/12 780.00 301807 4/24/12 229.90 301808 4/24/12 836.41 301809 4/24/12 15,118.25 301810 4/24/12 373.64 301811 4/24/12 268.61 301812 4/24/12 127.71 301813 4/24/12 285.00 301814 4/24/12 231.32 AIP Total PREFUND FOR ERIC HANSON CLAIM#07NAT00605 81140 4/18/12 GRAND TOTAL 517,834.76 60,635.88 $ 578,470.64 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO TILE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR TIIE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NO"RDIN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN Al LJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATTVTDAD, MEMBER MONA RIOS, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND TI-IE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY TIIE CITY COUNCII. ON THE 15th OF MAY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT U.A`fF:. May 15, 2012 AGENDA ITEM NO. 15 `TITLE: Resolution taking action on a Conditional Use Permit for the addition of beer sales to an existing beer and wine license at Wal-Mart located at 1100 Highland Avenue (Applicant: Wal- Mart Stores, Inc) (Case File 2011-29 CUP) ff_rAl3ED BY: Martin Reeder DEPARTMENT: 336-4313 APPROVED BY: NATION: The City Council conducted a hearing on this item at the April 17, 2012 City Council meeting. The attached resolution is needed to take action on the item. The resolution was held over two weeks from the May 1, 2012 meeting for clarification of the area of alcohol sales. The aisle in which the alcohol products are located is approximately 60 feet long and the shelves have a footprint of between 240 and 360 square feet. In addition, a modified set of plans has been attached for your review. vcs/Planning. •0)AI :IAL A.TEMENT: APPROVED: APPROVED: r ill' NMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) NCE: INTRODUCTION: I FINAL ADOPTION: Finance MIS F F iECOMMENDATION: Adopt the Resolution COMMISSION RECOMMENDATION: HMENTS: Resolution Exhibit A -Revised RESOLUTION NO. 2012 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION OF BEER SALES TO AN EXISTING BEER AND WINE LICENSE AT WAL-MART LOCATED AT 1100 HIGHLAND AVENUE. WHEREAS, Wal-Mart has been operating with a license for off -site beer and wine sales, as issued by the California Department of Alcoholic Beverage Control, since 2003, for which a Conditional Use Permit (CUP-2003-12) was issued; and WHEREAS, the California Department of Alcoholic Beverage Control issued a Type 20 license, which has been in place since 2003; and WHEREAS, said Conditional Use Permit ("CUP") allowed the sale of wine but prohibited the sale of beer or malt beverages; and WHEREAS, in accordance with the 2003 CUP, wine products were to be located approximately 150 feet from the front entrance of the store, and displayed on five vertical shelves along an approximately 20-feet long by 2-feet deep aisle section; and WHEREAS, Wal-Mart applied for a modification of CUP-2003-12 in 2008 in order to add beer sales, but withdrew the application prior to completion; and WHEREAS, at the time of the proposed CUP modification for the sale of beer, there were instances of beer sales at Wal-Mart inconsistent with the Conditional Use Permit previously approved by the City; and WHEREAS, Wal-Mart applied for a modification to their Conditional Use Permit for the addition of beer and distilled spirits sales to their existing CUP (which prohibited beer sales); and WHEREAS, the Planning Commission considered a Conditional Use Permit for the addition of liquor sales to an existing beer and wine license at Wal-Mart located at 1100 Highland Avenue at duly advertised public hearings held on February 6 and March 5, 2012, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2011-29 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Conditional Use Permit for the addition of beer and liquor sales to an existing CUP that allowed the sale of wine at Wal-Mart located at 1100 Highland Avenue by a vote of 5 to 2 in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on March 20, 2012, and a public hearing was set for April 17, 2012; and WHEREAS, the City Council considered a Conditional Use Permit for the addition of beer and liquor sales to an existing CUP that allowed the sale of wine at Wal-Mart located at 1100 Highland Avenue at a duly advertised public hearing held on April 17, 2012, at which time oral and documentary evidence was presented; and Resolution No. 2012 — 104 May 15, 2012 Page Two WHEREAS, during the April 17, 2012 public hearing, concerns were raised by members of the public regarding the secondary impacts of alcohol sales, including domestic violence incidents and the attraction of or increase of the local inebriate homeless population; and WHEREAS, during the April 17, 2012 public hearing, Wal-Mart indicated it wanted to be able to pursue a Type 21 license which allows distilled spirits to be sold even if they did not receive a CUP for distilled spirits; and WHEREAS, in response to Wal-Mart's request about pursuing a Type 21 license, staff explained that Wal-Mart's pursuit of a type 21 ABC license was not a condition of the CUP; and WHEREAS, at said public hearing, the City Council considered the staff report contained in Case File No. 2011-29 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on April 17, 2012, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the approximately 136,000 square -foot Wal-Mart store has ample room available for the incidental sale of beer in addition to existing wine sales. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project site is developed with a large retail store and the proposal will not increase the traffic since the sale of beer would be incidental to the overall goods sold. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,. since conditions of approval will limit the sale of less than a three -pack of beer and would not offer chilled beer which will discourage drinking and loitering on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience, since the addition of beer sales will allow WaI-Mart to offer a variety of products to its customers, similar to other existing large retailers. Resolution No. 2012 — 104 May 15, 2012 Page Three BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes the sale of beer for off -site consumption at Wal- Mart, located at 1100 Highland Avenue. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in City Council Resolution 2003-105 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2nd Revision, Case File No. 2011-29 CUP, dated May 3, 2012. 2. The sale of distilled spirits shall be prohibited unless this Conditional Use Permit is modified to allow such sales in the future. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Title 18 of the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. PLANNING 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 7. The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40-ounce, or similar size containers is prohibited. Resolution No. 2012 — 104 May 15, 2012 Page Four 8. No beer products shall be sold of Tess than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four - pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups or containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in conformance with Exhibit A-2nd Revision, Case File No. 2011-29 CUP, dated May 3, 2012, which shows 60- feet of 2-feet deep shelving plus 60-feet of 3-feet deep shelving for a footprint of 300 square feet. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. Alcoholic beverages shall not be located in the same aisle as food items or other items marketed to children. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Resolution No. 2012 — 104 May 15, 2012 Page Five 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any peace officer of the California Department of Alcoholic Beverage Control upon demand. 19. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. 21. Security gates will be installed at each entrance and exit of the beer and wine display aisle, and shall be closed and locked during non -alcohol sales hours. 22. All points of sale shall be programmed so that no alcohol transaction may be processed during non -alcohol sales hours. 23. The use of refrigerated coolers for any alcoholic beverages, including beer and wine, shall be prohibited. 24. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. POLICE 25. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- Resolution No. 2012 — 104 Page Six PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 0To- Beer & Wine Lio LF SNeLF. 1G1. 140-3L--o �F N 0 m en XH1��T G -2.r,c, VlS10N SSE rlLE -L'"1 C_A_A DRTC. 5,312_00 dwew-bLS dear dedeB - Ir de -. de - a - wx, 52'-2 13/16" 36'-9 3/16" ✓ ice nedd a" fre— in ;i1 I� . 0 Ph i. ii b W ns STaffli t., m ry wahi MM iwe •r _ m mo w )t, -x 327'-8" 5023 National City Beer/Wine Display Location 2'-7 7/161" 'Mnpmr../wroasir- VIM,/ ...... .... .. , 0447 MILK KR \ 1V W. It • ..... t. ......... a.m.:aft N:z}, MO, , Ve7. r tr ,U• 4004444-4' - 4 , ,la rh h1R .1- • .. cm !L•1 Wa,tI 1:1-aFR f LE 1 5A5C febIS v.-44 IN —I a.i.ff•$kci .47611;li V-225,31E13 CAN 41.17 10 Prz 12-0 3 oo z CD 0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 16 M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement for Legal Defense Services between the City, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, and Best Best & Krieger, LLP, to increase the not to exceed amount by $70,000, for a total amount of $364,000 PREPARED BY: Claudia Gacitua Silva DEPARTMENT: City Attorney PHONE: Ext. 4222 EXPLANATION: Please see attached staff report. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in Account 511-445-460-213-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: f report and Amendment to the Agreement with BB&K for Legal Services Proposed resolution STAFF REPORT This matter is a result of the Community Youth Athletic Center ("CYAC") legal challenge to the 2007 Redevelopment Plan Amendment. In addition to the Plan Amendment challenge, the CYAC made other claims, including violations of the Public Records Act and due process. This lawsuit has been working its way through the legal system since the Fall of 2007. Currently, the case is on appeal from Judge Denton's decision. Judge Denton invalidated the 2007 Redevelopment Plan Amendment, found that the Public Records Act was not complied with when draft notes and consultant's documents were not provided, and found the CYAC was not provided due process because they did not have sufficient time to object to the plan amendment. CYAC has cross -appealed on all the claims in which the Court held against them. And, the City and Successor Agency (formerly the CDC) have appealed the Court's award of attorney's fees totaling approximately two -million dollars ($2,000,000). Bruce Beach and Rebecca Andrews of Best Best & Krieger, LLP ("BB&K") have been representing the City and CDC (now the SA) in this case. Given the nature and length of the case, additional funds in the amount of $70,000 are needed for the on -going appeal. The City Council has previously approved the following: 1. Original Agreement for Legal Services between the City, CDC, and Best Best & Krieger, LLP ("BB&K) dated November 23, 2010, in the amount of $160,000 2. First Amendment to the Agreement dated October 18, 2011, in the amount of $134,000. This Second Amendment to the Agreement in the amount of $70,000 is necessary for the on- going appeal process, which will bring the total not -to -exceed amount to $364,000. The appeal process is anticipated to be completed and decision rendered within the next 18 months. Because all redevelopment agencies were dissolved by the State, this Second Amendment is between the City, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, and BB&K. The Second Amendment will also require the approval of the Oversight Board to the Successor Agency prior to being effective. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL DEFENSE SERVICES BETWEEN THE CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP, TO INCREASE THE NOT TO EXCEED AMOUNT BY $70,000, FOR A TOTAL AMOUNT OF $364,000 WHEREAS, on November 23, 2010, the City Council adopted Resolution No. 2010-254, and the Community Development Commission of the City of National City ("CDC") adopted Resolution No. 2010-265, approving an Agreement between the City of National City, the CDC, and Best Best & Krieger, LLP ("BB&K"), to provide legal defense services regarding the Community Youth Athletic Center ("CYAC") litigation in the not to exceed amount of $160,000; and WHEREAS, on October 18, 2011, the City Council adopted Resolution No. 2011-229, and the CDC (now the Successor Agency) adopted Resolution No. 2011-233, approving the First Amendment to the Agreement that increased the not to exceed amount by $134,000, bringing the total not to exceed amount to $294,000; and WHEREAS, the Second Amendment to the Agreement in the amount of $70,000 is necessary for the on -going appeal process, which will bring the total not -to -exceed amount to $364,000; and WHEREAS, the Second Amendment must also be approved by the Oversight Board to the Successor Agency prior to being effective. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement between the City of National City, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, and Best Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $70,000, for a total not to exceed amount of $364,000, to cover charges for continuing legal defense services regarding the Community Youth Athletic Center ("CYAC") litigation. Said Second Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AND BEST BEST & KRIEGER, LLP This Second Amendment to Agreement is entered into this l 5th day of May, 2012, by and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SUCCESSOR AGENCY"), and BEST, BEST & KRIEGER, LLP, (the "FIRM"). RECITALS A. The CITY, the CDC and the FIRM (the "Parties") entered into an agreement on October 9, 2010, ("the Agreement") wherein the FIRM agreed to provide legal services in the defense of the case entitled Community Youth Athletic Association v. All Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, in the amount of $160,000, and subject to the terms of the Agreement. B. The Parties entered into the First Amendment to the Agreement on October 18, 2011, (the "First Amendment") to increase the not -to -exceed amount of the Agreement by $134,000, for a total Agreement not -to -exceed amount of $294,000. C. The case remains on -going as it is on appeal, and requires continued legal representation. D. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the Agreement by $70,000. E. On January 10, 2012, the City Council adopted Resolution No. 2012-15, pursuant to Part 1.85 of the California Health and Safety Code, electing for the City to serve as the successor agency to the CDC upon the dissolution of the Redevelopment Agency. F. On February 1, 2012, all California redevelopment agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing and enforcing the enforceable obligations of the former redevelopment agencies. G. This Second Amendment will require the approval of the Oversight Board to the Successor Agency prior to being effective. NOW, TIIEREFORE, the CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY 1'0 THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP, hereto agree that the Agreement entered into on October 9, 2010, and amended on October 18, 2011, shall be amended by amending Article 3 (Compensation), Section C of the Agreement by increasing the not -to -exceed amount by $70,000, for a total not -to -exceed amount of $364,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 9, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. SUCCESSOR AGENCY TO 'THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY By: Ron Morrison, Chairman APPROVED AS TO FORM: By: Claudia G. Silva Successor Agency Counsel CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: By: Claudia G. Silva City Attorney BEST, BEST, & KRIEGER, LLP By: ? ?.,0 f.1„, Bruce Beach, Esq. -2- Second Amendment to Agreement City of National City, Successor Agency and BBK CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 17 M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a three- year (or "36-month") Lease Agreement with A Reason To Survive ("ARTS") to operate and maintain the National City Arts Center. PREPARED BY: Jessica Cissel PHONE: (619) 336.4243 EXPLANATION: DEPARTMENT: Community S APPROVED BY: Brad Ra es The City's goal for the National City Arts Center has always been to have an active public facility that provides art programming for the community. With this in mind, staff created a list of criteria necessary for an organization to manage the arts center. Based on this criteria and research of potential art organization in the region, staff found that only one local organization meets these standards, A Reason to Survive (ARTS). City Council approved that staff negotiate a lease agreement with ARTS at the February 7, 2012 Council meeting. The lease has been drafted and is being brought to City Council for fonYial approvalIn the terms of the lease, ARTS has agreed to pay $50,000 per year in rent for five years and contribute a minimum of $30,000 per year in capital projects to benefit the community. FINANCIAL STATEMENT: ACCOUNT NO. 001-00000-3326 The lease payment will be recorded to the above account. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend approval of the lease agreement with ARTS. BOARD / COMMISSION RECOMMENDATION: Public Art Committee recommended for the City to pursue a partnership with ARTS. Parks, Recreation, and Senior Citizen Advisory Board recommended for the City to pursue a partnership with ARTS, ATTACHMENTS: 1) Staff report 2) Draft of lease agreement 'STAFF REPORT ON ARTS CENTER May 15, 2012 Establishing an Arts, Culture, and Entertainment district downtown is a part of the City's general plan. Utilizing the upper level of Kimball Recreation Center and the majority of the old library for comprehensive arts programming would be the catalyst for the establishment of the arts district. Converting the former City Library into an Arts Center has been a strategic objective of the City Council since the new library began construction 8 years ago. With limited funding the City renovated the former library and the City sought an organization to provide culturally relevant programs and create and manage an art gallery in the new center. City staff was approached by the San Diego Repertory Theatre (The Rep) to accomplish this task. Staff negotiated exclusively with the Rep and brought forward a lease that the City Council supported. The Rep has been utilizing the arts center for their rehearsal space and scene construction. They have provided some programs for youth as well as free tickets to their productions for National City staff and residents, but have not been able to open the arts center portion of the building for the public because of staffing and the fact it is not in line with their mission. The Rep's lease ends May 29, 2012. The Longshoremen also lease a portion of the arts center and their lease agreement expires in August 31, 2012. In early 2011, the Community Development Commission sold bonds to create resources to improve Quality of Life facilities as well as provide low income housing to residents at the current Public Works site. Since the bonds were sold, the WI-TOD project at the Public Works site has progressed and is scheduled to start construction in early 2013. This creates a need to relocate the Public Works yard, its staff, warehouse, equipment, and fleet by the end of 2012 or sooner. There is not a piece of City property large enough to house the entire Department, so it will have to be split up. Therefore, the parks and facilities division plan on occupying part of the arts center and will need use of the San Diego Repertory Theater's prop shop. In addition, they will need office space in the location that the Longshoremen are currently using. Since the public works relocation will have a large impact on the current users in the arts center, it is probable that the City will not be able to continue relationships with the lease holders. This also creates urgency on the City's side to work with another partner to manage the arts center portion of the building. City staff introduced CEO, Matt D'Arrigo, at a Parks Ad Hoc meeting on December 13, 2011 as a possible partner. The Parks Ad Hoc Committee requested more information and a tour of their facility to evaluate the programs and the possible partnership with the ARTS organization. The committee also requested a list of criteria to manage the arts center which was provided when the Parks Ad Hoc committee met on January 19, 2012 and toured the ARTS facility. Staff went to the Public Art Committee and the Parks, Recreation, and Senior Citizen Advisory Board for their input on whether or not to pursue a partnership with ARTS. Both boards were excited about the opportunity to work with ARTS and recommended for the City to pursue a partnership. The City's goal for the arts center has always been to have an open gallery and provide art programming for the community. With this in mind, listed below is the criteria staff compiled for an art organization to manage the arts center: 1) 3-5 years experience running a community arts center 2) Must be an arts focused organization (not an art "program" of a larger agency) 3) Provide no/low cost visual, performing, literary, and media arts programming 4) Proven programming in place that can be easily implemented in the community 5) Human, financial, and capital resources in place to run the arts center 6) Minimum 5 year tract record of financial stability 7) Proven network of community relationships and collaborations 8) Ability to manage and curate a gallery/museum 9) Ability to move in by Summer/Fall of 2012 Based on this criteria, staff researched regional art organizations and only one local organization met these standards, A Reason to Survive (ARTS). Because of the approval to negotiate with ARTS, the City has asked the Longshoremen and the San Diego Repertory Theatre to vacate the building by September 2012 or earlier. The lease has been drafted and is being brought to City Council for formal approval. In the terms of the lease, ARTS has agreed to pay $50,000 per year in rent for three years and contribute a minimum of $30,000 per year in capital projects to benefit the community. ARTS will operate and maintain a full service arts center serving the entire community with a diverse mix of visual, performing, literary, and media arts programming and events. This programming will benefit the community on several levels: 1. Provide a safe, fun, and creative place for the community to receive hands-on arts education and attend arts & culture events that reflect the diverse community National City encompasses. 2. Arts and Culture are a proven method to improve the quality of life in communities. This Center will act as a hub for arts and culture activities for the entire community. 3. Reduce at -risk and criminal behaviors/activities in youth from the community by providing the arts as a prevention and intervention vehicle. This will result in lower city costs to eradicate and prosecute these behaviors. Youth will move from being a liability to an asset for the city. 4. Provide a clear, viable life and career pathway for children and youth in the community. In addition, ARTS will deliver on more specific objectives: 1. Provide an array of FREE daily programming (Monday through Saturday) in the visual, performing, literary, and media arts to youth and young adults in the community. National City residents will receive local preference for programming if there are space limitations. 2. Provide field trips and transportation to the community with the Van Go! Transportation program. 3. Run a number of ARTS Enterprises on site that will employ area youth and provide an array of creative services to the city/community including commissioned art/murals, framing, large format printing, design and fabrication. Commit to supervise community service hours with the National City School Districts. 4. Staff and volunteers will provide their creativity, skills, and sweat equity to continually support and assist with the ARTS Center design, rehabilitation, construction, and decor. 5. Hold a minimum of 4 annual events for the community. These will include gallery openings, showcases/performances, a community ARTS Day, and guest lectures/speeches. Work hand in hand with other events in the National City community in which the City would like ARTS participation. 6. Engage older members of the community as staff, teachers, volunteers, mentors, and allowing artists and arts group to use the center as needed — determined by the program schedule. 7. Provide quarterly reports to the City denoting National City participant numbers, total participant numbers, events coordinated, capital projects completed, community service hours completed in coordination with local schools, and any other pertinent statistics. 8. Lessee will partner with existing contract instructors currently housed at Kimball Recreation Center to ensure that their programs continue. Staff is recommending that we approve the lease agreement with ARTS to operate and maintain the Arts Center and provide maximum value to the City of National City. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR LEASE AGREEMENT WITH A REASON TO SURVIVE ("ARTS") TO OPERATE AND MAINTAIN THE NATIONAL CITY ARTS CENTER WHEREAS, the City desires to lease the National City Arts to an organization to provide management service for a safe, fun, and creative place for the community to receive hands-on arts education, and attend arts and culture events that reflect the diverse community of National City; and WHEREAS, staff created a list of criteria necessary for an organization to operate and maintain the Art Center, and has determined that A Reason to Survive ("ARTS") is the only local organization that meets the City's standards; and WHEREAS, as directed by the City Council at their February 7 Council meeting, staff negotiated a three-year Lease Agreement with ARTS; and WHEREAS, in the terms of the Lease Agreement, ARTS has agreed to pay $50,000 per year in rent for three years, and contribute a minimum of $30,000 per year in capital improvement projects to benefit the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a three-year Lease Agreement with A Reason to Survive to operate and maintain the National City Arts Center to enrich the lives of the citizens of National City by providing educational and cultural resources. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney LEASE By and between the CITY OF NATIONAL CITY and A REASON TO SURVIVE, INC (ARTS) This Lease is made and entered into this 15th day of May 2012, by and between the City of National City ("City"), hereinafter designated as "Lessor," and A Reason to Survive, a California non-profit corporation ("ARTS"), hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the eastern portion of the building located at 200 East 12`h Street in National City, California. B. Lessee desires to use the Leased Premises to provide a safe, fun, and creative place for the community to receive hands-on arts education and attend arts & culture events that reflect the diverse community National City encompasses. The specific uses to be made of the Leased Premises are described in detail herein below. C. It is in the best interests of Lessor, on behalf of the citizens of National City, to enter in a lease of the Leased Premises with Lessee. Lessor envisions that the use of the Leased Premises by Lessee will enrich the lives of the citizens of National City by providing educational and cultural resources within the City. NOW, THEREFORE, the parties hereto agree as follows: 1. Legal Status of Lessee. Lessee warrants that it is a California non-profit corporation and a 501(c)(3) Non-profit. 2. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as the eastern portion (approximately 13,000 square feet) of the building located (the "Leased Premises") at 200 East 12th Street in National City, California (the "Building"), otherwise known as the former National City. Library building including the gallery (San Diego County Assessor's Parcel number 560-100-03) and the Kimball Recreation Center (2❑d floor only) at 148 E. 12th Street in National City, California (San Diego County Assessor's Parcel number 560-100-03). The approximate configuration and location of the Leased Premises is shown on Exhibit A, attached hereto and incorporated herein by reference. The specific areas comprising the Leased Premises are identified as follows on Exhibit A: Museum, Lobby, Rehearsal 1, Rehearsal 2, Bathrooms adjacent to Rehearsal 2, Green Room, Hall, Reading Room 1, Reading Room 2, upper floor of the Kimball Recreation Center, Great Hall, Director Office, Parks "SuperTD" Office, Facilities Supervisor Office, Break Room, Conference Room, Bathrooms adjacent to Break Room, and Kitchen. 1 City of National City and ARTS, Inc. Lease Agreement - 2012 3. Use. Lessee will operate and maintain a full service arts center serving the entire community with a diverse mix of visual, performing, literary, and media arts programming and events. This programming would benefit the community on several levels: a. Provide a safe, fun, and creative place for the community to receive hands-on arts education and attend arts & culture events that reflect the diverse community National City encompasses. b. Arts and Culture are a proven method to improve the quality of life in communities. This Center will act as a hub for arts and culture activities for the entire community. c. Reduce at -risk and criminal behaviors/activities in youth from the community by providing the arts as a prevention and intervention vehicle. This will result in lower city costs to eradicate and prosecute these behaviors. Youth will move from being a liability to an asset for the city. d. Provide a clear, viable life and career pathway for children and youth in the community. The goals of this plan are detailed in Exhibit B, attached hereto and incorporated herein by reference. 4. Term. The initial term of this Lease shall be thirty six (36) months ("Term"), beginning on July 1, 2012 (the "Commencement Date"). Commencing July 1, 2012 ARTS will have the use of the following areas identified as follows on Exhibit A: Museum, Lobby, Rehearsal 1, Rehearsal 2, Bathrooms adjacent to Rehearsal 2, Green Room, Hall, Reading Room 1, Reading Room 2, and the upper floor of the Kimball Recreation Center. Commencing October 1, 2012, ARTS will have the use of the following areas identified on Exhibit A: Great hall, Director Office, Parks SuperTD Office, Facilities Supervisor Office, Break Room, Conference Room, Bathrooms adjacent to Break Room, and Kitchen. The Lease payments set forth in Paragraph 5 will commence October 1, 2012. The Lessor and the Lessee have the option (collectively "Options") to mutually agree to extend the Term of this Lease for three (3) additional twelve (12) month periods commencing when the Term expires and each twelve (12) month period thereafter. Lessee must be current on all obligations, including Liability Insurance, before the parties may extend the term of the Lease. 5. Rent, Capital Project Contributions, and Other Community Consideration. Lessee agrees to pay typical monetary rent, commit to annual capital projects within National City, and provide additional contributions for the benefit of the community as specified herein. 2 City of National City and ARTS, Inc. Lease Agreement - 2012 a. Lessee agrees to pay Lessor fifty thousand dollars ($50,000) per year, payable in quarterly installments to the City of National City, commencing October 1, 2012. b. Lessee agrees to provide thirty thousand dollars ($30,000) in capital projects annually within the City of National City, for each year of the lease. Examples of potential capital projects are capital improvements to the Arts Center building, public art throughout the community, event banners, gateway improvements, public signage, transit stop improvements, landscape, streetscape, and park improvements. Capital project value will be calculated based on the direct out of pocket cost expended by Lessee on the project. Proposed projects will be approved by the Lessor with an annual estimated budget that will be verified annually within an annual report provided by the Lessee. c. Lessee will provide an array of free daily programming (Monday through Saturday) in the visual, performing, literary, and media arts to youth and young adults in the community. National City residents will receive local preference for programming if there are space limitations. d. Lessee will provide fieldtrips and transportation to the community with the Van Go! Transportation program. c. Lessee will run a number of ARTS Enterprises on site that will employ area youth and provide an array of creative services to the city/community including commissioned art/murals, framing, Large format printing, design and fabrication. Lessee commits to supervise community service projects and manage volunteer hours with the National City School Districts. f. Lessee staff and volunteers will provide their creativity, skills, and sweat equity to continually support and assist with the ARTS Center design, rehabilitation, construction, and decor. g. Lessee will hold a minimum of 4 annual events for the community. These will include gallery openings, showcases/performances, a community ARTS Day, and guest lectures/speeches. Lessee will work hand in hand with the Lessor on other events in the National City community in which they would like Lessor participation. h. Lessee will engage older members of the community as staff, teachers, volunteers, mentors, and allowing artists and arts group to use the center as needed — determined by the program schedule. Lessee will provide quarterly reports to the City denoting National City participant numbers, total participant numbers, events coordinated, capital projects completed, community service hours completed in coordination with local schools, and any other pertinent statistics. Lessee will partner with existing contract instructors housed at Kimball Recreation Center to ensure that their programs continue. 3 City of National City and ARTS, Inc. Lease Agreement - 2012 k. Lessee will allow National City use of the ARTS center when necessary for special events (e.g. National City Police Department uses Kimball Recreation Center for their headquarters for the 4th of July carnival). Lessor and Lessee acknowledge that additional consideration for this Lease shall be the mutual benefit to be derived from Lessee's uses of the Leased Premises, as specified herein. 6. Assignment & Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior written consent of the Lessor. 7. Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the Building and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with standard practices for similar commercial buildings in the San Diego, California area. Without limiting the foregoing, notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs to take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the cost of the repairs or other work. 8. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense. If Lessee fails to make such repairs or replacements promptly, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Hundred and no/100 Dollars ($500.00) to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without Lessor's prior written consent. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. 9. Routine Maintenance by Lessee. From and after the Commencement Date and during the Term, Lessee shall, at its own cost and expense, make all repairs and replacements required by this Lease, reasonable wear and use excepted, and excepting those repairs made by Lessor pursuant to Section 7 above. 10. Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of property improvements on the Leased Premises. 4 City of National City and ARTS, Inc. Lease Agreement - 2012 11. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements without first obtaining the written consent of Lessor. All work shall be done by contractors approved by Lessor. Any alterations or physical additions in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations. physical additions. or improvements, when made to the Leased Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to movable equipment or furniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local building code, permitting and competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on the Leased Premises so that Lessor may post a notice of non -responsibility, if allowed by law. Lessee shall not be required to remove alterations, physical additions, or improvements upon termination of this Lease. (Statement regarding FFE: Fixtures, Furniture, Equipment is detailed in Exhibit C, attached hereto and incorporated herein by reference.) 12. Utilities. Lessor will be responsible for utilities, including but not limited to electric, gas, telephone, fire alarm, sewer, trash and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down all boxes and containers prior to being placed in the trash bins. 13. Indemnity and Insurance. a. Disclaimer of Liability. Lessor shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Lessee's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises except to the extent caused by Lessor's sole negligence or willful misconduct. b. Indemnification. Lessee shall, at its sole cost and expense, defend, indemnify and hold harmless Lessor and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnities"), from and against: Any and all liability, obligation, damages, penalties claims, lien, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with the construction, installation, 5 City of National City and ARTS, Inc. Lease Agreement - 2012 operation, maintenance, use, or condition of the Leased Premises or Lessee's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Lessee's obligations to indemnify indemnities under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the sole negligence or willful misconduct of one of more indemnitiees. c. Assumption of Risk. Lessee undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively for the purpose of this section). all risks of dangerous conditions, if any, on or about the Leased Premises, and Lessee hereby agrees to indemnify and hold harmless Lessor against and from any claim asserted or liability imposes upon the Indemnitiees for personal injury or property damage to any person (other than from lndemnitee's sole gross negligence or willful misconduct) arising out of installation, operation, maintenance, condition or use of the Leased Premises, or Lessee's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Lessor. In the event any action or proceeding shall be brought against Lessor by reason of any mater for which Lessor is indemnified hereunder, Lessee shall, upon notice from Lessor at Lessee's sole cost and expense, resist and defend the same with legal counsel mutually selected by Lessor and Lessee, provided however, that Lessee shall not admit liability in any such matter on behalf of Lessor without written consent of Lessor, and provided further that Lessee shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Lessor. e. Notice, Cooperation and Expenses. Lessee shall give Lessor prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Lessor from cooperating with Lessee and participating in the defense of any litigation by Lessor's own counsel. f. Insurance. During the term of the Lease, Lessee shall maintain, or cause to be maintained, in full force and affect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements. ii. Comprehensive commercial general liability insurance with minimum limits of Two Million and no/100 Dollars ($2,000,000.00) as the 6 City of National City and ARTS, Inc. Lease Agreement - 2012 g. combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, and independent contractor's liability. If any excavation work is undertaken, coverage for property damage from perils of explosion, collapse or damage to underground utilities, then blanket contractual liability insurance commonly known as XCU coverage shall also be provided. iii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of One Million and no/100 Dollars ($1,000,000.00) as the combined single limit of each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction by Lessee, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of improvements. v. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vi. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vii. Lessee shall furnish certificates of insurance to Lessor before commencement of the Lease term. Named Insureds. All policies, except for worker's compensation policies, shall name Lessor and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). h. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Lessee in compliance with this paragraph, along with written evidence of payment of required premiums shall be filed and maintained with Lessor annually during the term of the Lease. Lessee shall immediately advise Lessor of any claim or litigation that may result in liability to Lessor. i. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: 7 City of National City and ARTS, Inc. Lease Agreement - 2012 J. At least thirty (30) days' prior written notice shall be given to Lessor by the insurer of any intention not to renew such policy or to cancel. replace or materially alter same. Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licenses to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Lessor's Risk Manager. k. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Lessor. Lessee agrees to indemnify and save harmless Lessor, the indemnities and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. 1. Contractors. Lessee shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises on behalf of Lessee to carry in full force and effect, workers' compensation, comprehensive commercial general liability and automobile Liability insurance coverages of the type which Lessee is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Lessor may review the insurance coverages to be carried by Lessee. If Lessor determines that higher limits of coverage are necessary to protect the interests of Lessor or the Additional Insureds, Lessor shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. n. The provisions of this Section 13 shall survive any termination of this Lease. 14. Inspection. Lessor, by and through its proper officers, reserves and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased Premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 15. Termination. Notwithstanding the provisions of Section 4, either Lessor or Lessee may terminate this Agreement without cause upon ninety (90) days' written notice to the other party. 16. Removal of Personal Property. At the termination or expiration of this Lease or any renewal thereof, Lessee shall, within ninety (90) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the premises during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, 8 City of National City and ARTS, Inc. Lease Agreement - 2012 remove, or otherwise dispose of any such personal property left on the premises longer than ninety (90) days after termination of this Agreement. The premises shall be left by Lessee in a clean, neat and safe condition, and the exclusive possession and use of the property shall revert to Lessor. 17. Non Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap or medical condition in the use occupancy or enjoyment of the property, nor shall Lessee. or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of users of the property. 18. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 19. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor. Any additional signage or changes to existing signage after the Commencement Date will require the Lessee to pay for and obtain in all regulatory approvals (permits) for the Leased Premises. 20. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises. 21. Americans with Disabilities Act. Upon commencement of this Lease, Lessee shall comply, at its sole cost, with requirements of ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the interior of the Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost, with requirements of the ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the exterior of the Leased Premises. 22. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law; provided, however, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of 9 City of National City and ARTS, Inc. Lease Agreement - 2012 general office activities, such as copier fluids and cleaning supplies, may be used and stored by lessee at the Leased Premises. Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law. Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. In addition, Lessee has been advised that this site may have been constructed with building materials that at this time are considered hazardous substances. 23. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. 24. Lessee's Obligation to Quit. Lessee shall, upon termination of this Lease, leave and peaceably and quietly sun -ender and deliver to Lessor the Leased Premises and all improvements, buildings and fixtures hereon or constituting a part thereof and any replacements or renewals thereof in a good condition, order and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use excepted. Notwithstanding the foregoing, Lessee shall have the right at the expiration or earlier termination of the Term to remove from the Leased Premises Lessee's trade fixtures, equipment and personal property, provided that Lessee repairs any damage caused by such removal. 25. Hazardous Substances. Lessee shall indemnify, protect and hold harmless Lessor and each of its respective subsidiaries from and against all costs and damages incurred by Lessor in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Leased Premises as a result of (i) the operations of Lessee after the Commencement Date, and (ii) the activities of third parties affiliated with Lessee or invited on the Leased Premises by Lessee. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Leased Premises and any hazardous substance or environmental law of which such party has actual notice. 26. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the Leased Premises. 10 City of National City and ARTS, Inc. Lease Agreement - 2012 27. Representations and Warranties. The parties represent and warrant that they have powers adequate for the execution, delivery and performance of their obligations under this Lease; they have taken all necessary actions required to make this Lease the valid and enforceable obligation it purports to be; and this Lease has been duly executed and delivered. 28. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. Provided, however, that if any portion of Section 3 is determined to be void or unenforceable, the parties shall first make best efforts to revise Section 3 to the extent necessary to bring it into compliance with any law without sacrificing the intentions of the party, to the extent possible. If the parties cannot make such revisions to Section 3, the entire Lease shall be considered void, and the tenancy shall continue on a month -to -month basis, terminable by either party upon thirty (30) days' notice, until such time as.a long-term lease may be entered into mutually agreed upon. 29. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 30. Mailings & Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and, shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, fax or email, when sent. Any payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: City Manager City of National City 1243 National City Boulevard National City, California 91950-4301 A Reason To Survive, Inc. Matt D'Arrigo 2820 Roosevelt Road 1 1 City of National City and ARTS, Inc. Lease Agreement - 2012 Suite 106 San Diego, CA 92106 619 297-2787 ext 2001 Address on July 1, 2012: 200 E. 12th St. National City, CA 91950 31. Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 32. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Lease, or any portions hereof, or any amendments hereto. 33. No Agency. Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between Lessor and Lessee. 34. Counterparts. This Lease may be signed in counterparts. 35. Recordation. This Lease may be recorded. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written above. CITY OF NATIONAL CITY A REASON TO SURVIVE, INC. (Lessee) By: Ron Morrison, Mayor (Lessor) (Corporation— signatures of two corporate officers required.) By: (Name) 12 City of National City and ARTS, Inc. Lease Agreement - 2012 APPROVED AS TO FORM: Claudia Gacitua Silva By. City Attorney (Print) e,vzK(Title) (Print) leorra (Title) 13 City of National City and ARTS, Inc. Lease Agreement - 2012 > — Co rD rD co—) v) 7c, > KIMBALL PARK PUBLIC WORK5 SLALE: Va' 1,0' 12/01/2011 Exhibit B 1) Lessee will form partnerships with local schools, social service agencies, and families in the community to recruit children and youth for programming. 2) Lessee will work with local police, school officials, and community leaders to target particular youth who would benefit from the program and measure improvements in their attitudes and behaviors. 3) Lessee will provide an array of FREE daily programming (Monday through Saturday) in the visual, performing, literary, and media arts to youth and young adults in the community. National City residents will receive local preference for programming if there are space limitations. 4) Programming will include: a) Therapeutic arts programming b) Arts education c) College and career readiness 5) Lessee will provide fieldtrips and transportation to the community with the Van Go! Transportation program. 6) Lessee will run a number of ARTS Enterprises on site that will employ area youth and provide an array of creative services to the city/community including commissioned art/murals, framing, large format printing, design and fabrication. Lessee commits to supervise community service hours with the National City School Districts. 7) Lessee staff and volunteers will provide their creativity, skills, and sweat equity to continually support and assist with the ARTS Center design, rehabilitation, construction, and decor. 8) Lessee will hold a minimum of 4 annual events for the community. These will include gallery openings, showcases/performances, a community ARTS Day, and guest lectures/speeches. Lessee will work hand in hand with the Lessor on other events in the National City community in which they would like Lessor participation. 9) Lessee will engage older members of the community as staff, teachers, volunteers, mentors, and allowing artists and arts group to use the center as needed — determined by the program schedule. 10) Lessee will provide quarterly reports to the City denoting National City participant numbers, total participant numbers, events coordinated, capital projects completed, community service hours completed in coordination with local schools, and any other pertinent statistics. 11) Lessee will partner with existing contract instructors currently housed at Kimball Recreation Center to ensure that their programs continue. EXHIBIT C A REASON TO SURVIVE (ARTS) Fixtures, Furniture, Equipment as of 4/18/2012 Computer Equipment iMac Computers - 10 qty iMac laptops - 2 qty Dell Dimension 1100 Desktop Computers - 10 qty Dell Server - 1 qty Large format printers - 3 qty Tables for computers - 8 qy Office Furniture & Fixtures office desks - 10 qty office chairs - 18 qty sofas - 4 qty bookshelves - 14 qty filing cabinet - 8 qty Cabinetry Copier Donor recognition wall Projector & Screen Program Equipment Kiln -2 qty Cabinetry and Sinks (visual arts room) Tower Wall Shelving Unit (music room) Metal Shelving Units (art supply room) Ceramic drying racks - 4 qty grand piano upright pianos - 2 qty organ drum set - 2 qty electric keyboards - 4 qty Guitars - 10 qty Various musical intruments PA system - microphones, speakers, amplifiers Sign on Building at 2820 Roosevelt Rd. Large rolling tables - 4 qty Ceramic wheels - 8 qty Clay flattening press Printmaking press Framing Equipment Metal storage cabinets - 4 qty Various tools for carpentry and woodworking Generator Gallery pedastils and wall units - 8 qty Vehicles ARTS Van - 2006 Chevy G-3500 Van ARTS Van - 2006 Chevy Express G3500 ARTS Van - 2008 Ford; with wheelchair lift CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 18 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign a Joint Exercise of Power Agreement within the Regional Cooperative Care Program (RCCP) that consolidates and shares administrative, training and oversight services related to the delivery of pre -hospital emergency medical services, at no additional cost to the General Fund. (Fire) PREPARED BY: Frank Parra PHONE: 619-336-4551 EXPLANATION: DEPARTMENT: Fire Depa APPROVED BY: On July 1, 2008, National City signed an agreement establishing the Regional Cooperative Care Program (RCCP), which was a pilot program to facilitate a functional consolidation of EMS management, oversight, training, medical direction, quality assurance and improvement programs. Efforts were made for enhancing the delivery of Emergency Medical Services (EMS) through a collaborative effort with our contract provider American Medical Response (AMR). Most recently the member fire agencies involved in this process (Alpine, Bonita Sunnyside, Imperial Beach, Lemon Grove, La Mesa, National City, and San Miguel) have decided to develop a permanent relationship with RCCP. RCCP improves the quality of patient care through standardization of high quality training and establishment of unified quality assurance and improvement programs. The efficiencies gained through consolidation into a single organizational structure for EMS management and oversight will enhance the productivity of existing staff that have a number of other non -EMS related responsibilities. Staff recommends authorizing the Mayor to sign the Joint Exercise of Power Agreement within the RCCP. This Agreement will become effective as of the 1st day of July, 2012, and will be binding upon all parties as g as the number of Members is not reduced below two (2), or until such time as the Members agree to terminate the .,yreement. FINANCIAL STATEMENT: ACCOUNT NO. 130-12000-3034 The cost of the RCCP will be divided between AMR and the Agencies. will come as revenue generated through the AMR Paramedic Franchise cost to the General Fund. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 'yvlt/ > Finance APPROVED: d MIS All revenue available to National City for the RCCP Fee generated and disbursed by AMR. There is no STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to sign the Joint Exercise of Power Agreement within the Regional Cooperative Care Program (RCCP). BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Joint Exercise of Power Agreement Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A JOINT EXERCISE OF POWER AGREEMENT TO CREATE A PERMANENT RELATIONSHIP WITH THE MEMBER FIRE AGENCIES IN THE REGIONAL COOPERATIVE CARE PROGRAM TO CONSOLIDATE AND SHARE ADMINISTRATIVE, TRAINING, AND OVERSIGHT SERVICES RELATED TO THE DELIVERY OF PRE -HOSPITAL EMERGENCY MEDICAL SERVICES, AT NO ADDITIONAL COST TO THE GENERAL FUND WHEREAS, on July 1, 2008, the City Council adopted Resolution No. 2008-129, approving an agreement for the establishment of a pilot Regional Cooperative Care Program ("RCCP") to facilitate a functional consolidation and sharing with other member fire agencies of administrative, training, and oversight services related to the delivery of Emergency Medical Services ("EMS") management, medical direction, quality assurance, and improvement programs; and WHEREAS, since then, efforts were made to enhance the delivery of EMS through a collaborative effort with the City's contract provider, American Medical Response ("AMR"); and WHEREAS, the member fire agencies involved in the RCCP pilot program (Alpine, Bonita Sunnyside, Imperial Beach, Lemon Grove, La Mesa, National City, and San Miguel) desire to enter into a Joint Exercise of Power Agreement, effective July 1, 2012, to create a permanent relationship with each other in the Regional Cooperative Care Program ; and WHEREAS, RCCP has improved the quality of patient care through standardization of high quality training and establishment of unified quality assurance and improvement programs; and WHEREAS, the efficiencies gained through consolidation into a single organizational structure for EMS management and oversight will enhance the productivity of a number of other non -EMS related responsibility. WHEREAS, the Joint Exercise of Power Agreement shall be binding upon all parties as long as the number of members is not reduced below two, or until such time as the Members agree to terminate the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Joint Exercise of Power Agreement to create a permanent relationship with the member fire agencies of Alpine, Bonita Sunnyside, Imperial Beach, Lemon Grove, La Mesa, National City, and San Miguel in the Regional Cooperative Care Program. Said Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney JOINT EXERCISE of POWERS AGREEMENT THIS AGREEMENT, made and entered into the 1st day of July, 2012, by and among, the ALPINE FIRE PROTECTION DISTRICT, a special district, the BONITA SUNNYSIDE FIRE PROTECTION DISTRICT, a special district, the CITY OF LA MESA, a general law city and municipal corporation, the CITY OF LEMON GROVE, a general law city and municipal corporation, the CITY OF IMPERIAL BEACH, a general law city and municipal corporation, the CITY OF NATIONAL CITY, a general law city and municipal corporation, the SAN MIGUEL CONSOLIDATED FIRE PROTECTION DISTRICT, a special district, and any other agency or organization that agrees to become a party to this Agreement as provided for herein (collectively refer red to herein as the "Members"), all of which are organized and/or existing under and by virtue of the Constitution and the laws of the State of California. WITNESSETH: WHEREAS, the Members are each empowered by law to each provide pre -hospital emergency medical services; and WHEREAS, the Members recognize a benefit to consolidating and sharing of administrative, training and oversight services related to the provision of pre -hospital emergency medical services, and that a public benefit will be established by the consolidating and sharing of such services; and WHEREAS, the Members have agreed to develop a permanent affiliation and organizational structure for the Regional Cooperative Care Partnership ("RCCP") for the purpose of the consolidating, sharing, and funding those services deemed by the Members to be within the scope of the RCCP; and WHEREAS, the Agencies are authorized to jointly exercise their powers pursuant to the provisions Article 1, Chapter 5, Division 7, Title 1, Sections 6500 through 6530, of the Government Code of the State of California. NOW, THEREFORE, the Members, for and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as follows: Section 1. Purpose. A. This Agreement is made pursuant to California Government Code Section 6500, et seq., hereinafter referred to as the "Act," to permit the joint exercise of certain powers common to the Members. The purpose of this Agreement is to exercise these powers jointly by managing, maintaining, and operating those certain administrative, training, and oversight services related to the provision of pre -hospital emergency medical services to said Members. Such purpose will be accomplished and common powers exercised in the manner set forth in this Agreement. All pre-existing obligations, rights, and privileges of the Members shall continue hereunder, subject to the terms and conditions of this Agreement. Section 2. Term. A. This Agreement shall become effective as of the 1st day of July, 2012, and shall be binding upon all parties hereto, and shall thereafter continue in full force and effect as long as the number of Regional Cooperative Care Partnership Joint Powers Agreement 1 Members is not reduced below two (2), or until such time as the Members agree to terminate the Agreement, in the manner set forth in Section 8. Section 3. Personnel and Services A. The following services shall be performed under the supervision of the Board on behalf of the Members by personnel of one or more Members and/ or contractors, as designated by the Board, and the costs thereof shall be consolidated and shared among the Members as a shared cost pursuant to Section 6(B) of this Agreement: 1) Medical Director: • Approves all course content • Approves content of all written and skills examinations • Approves all instructors and teaching assistants • Assists with instruction and recruitment of physician instructors as needed • Serves as medical director for other educational programs including but not limited to ACLS, BTLS, CPR, PALS, NALS, etc. • Assists in the provision of community education • Serves as chairperson of the Quality Improvement Committee • Over -sees an annual review of system clinical performance • Is available on an "as needed" basis for review of significant incidents • Supports and consults in regards to on -going research studies • Ensures the development and maintenance of high quality education, training, and quality improvement programs that will exceed standards established by the industry • Participation, development, and teaching with respect to education programs, remedial training, and performance improvement plans • Manages all Continuous Quality Improvement Programs • Interfaces and coordinates activities with allied health and clinical agencies, County EMS, hospitals, and the medial community • Ensures implementation of protocols in cooperation with regulatory authorities • Communicates mission, vision, strategies, and goals of system • Oversees exposure reporting and follow-up activities • Oversees the administration of vaccines necessary for medical first responders • Perform other duties as assigned 2) Clinical Coordinator: • Prepare and review clinical data to identify clinical issues and plan appropriate intervention. • Review patient care reports as directed by established guidelines. • Analyze statistical data and clinical and procedural specifications to determine present standards and establish proposed quality and reliability expectancy of services rendered. • Direct and conduct special studies for the purpose of analyzing available data to identify clinical performance above or below the expected standards of care. Identifies trends and determines the nature or origin to be either a system or individual issue, or a combination of the two. Regional Cooperative Care Partnership Joint Powers Agreement 2 • Formulate and maintain quality improvement objectives and coordinates objectives with patient care procedures in cooperation with other coordinators to maximize clinical and procedural reliability and minimize costs associated with excessive risk or liability. • Coach personnel to engage and participate in inspection and monitoring activities to ensure continuous adherence to clinical standards of quality patient care. • Plan, promote, and organize training activities related to intervention, remediation and employee self-improvement to promote improved service quality and reliability. • Maintain frequent communication, both written and verbal, with field personnel about issues of patient care. Personal interaction with field employees, to highlight positive issues as well as areas of concern accomplished via unit ride- alongs with direct observation and evaluation of patient care services. • Investigate complaints regarding the quality of patient care or clinical services rendered. • Establish and maintain clinical files on clinical personnel. Create and catalog clinical information about the clinical performance of personnel. • Liaison with contractors, regulatory agencies, and healthcare facilities in matters of quality assurance and quality improvement, maintaining frequent written and verbal communication. • Attend and participate in structured patient care audits and organized external quality assurance or quality improvement activities. • Supervise and facilitate a peer review and or CQI committee for the purpose of promoting employee intervention into the improvement of clinical services. • Serve as the designated Infectious Disease Officer relating to disease and/or blood borne pathogens exposure from emergency incidents • Manages Program and Administer vaccines as necessary • Perform other duties as assigned. 3) Program Manager Administration • Coordinates the committee process, ensures committee needs are met and incorporates directions proposed by the committee process. • Meets with chief officers of member agencies to ensure RCCP needs are met. • Meets with Base Hospital Nurse Coordinators as needed. • Prepares reports for Administrative Oversight Board. • Develop and manage RCCP annual budget. • Provides outreach and information regarding RCCP to other agencies. • Rides with engine and ambulance crews to: • establish communication • continually improve service to internal and external customers • gain insight into dynamics between transport and non transport entities Regional Cooperative Care Partnership Joint Powers Agreement ii. Quality Assurance • Oversee QA/CQI activities. • Coordinates efforts of Clinical Specialist. • Participates in QA/CQI review and data analysis. • Participate in QA/CQI related investigations and recommends course of action for resolution. • Involves Base Hospital Nurse Coordinators in QACQI process in conjunction with Clinical Coordinator. • Recommend changes to policies or guidelines based on issues or trends identified. • Ensures compliance with County EMS Policy. • Develop program and present or coordinate presentations for new employee orientation and transition to first response ALS role. iii. Training • Proposes, develops, and presents or coordinate presentations for training opportunities. • Coordinates training calendar. • Utilizes issues related to QA/CQI issues are incorporated into training activities while maintaining anonymity of personnel involved in QA/CQI related matter. • Facilitates the inclusion of subject matter specialist in training opportunities. • Coordinates the needs of individual departments in conjunction with agency employees charged with training duties. • Conduct ride -along and during ride -along provides feedback to emergency response personnel. • Assist with the testing process for new hire, probationary, or identified personnel. • Works with the Medical Director to: • Establish training priorities. • Coordinate the QA/CQI program and interpretation of the resultant data. • Develop and evaluate current system policies and works to consolidate policies across all the member agencies. • Incorporate feedback received from agencies and field providers to improve the level of cooperation and participation. • Budget time for field contacts, involvement in training opportunities and response to written requests for Medical Director's opinion. • Ensure QA/CQI and EMS education and training activities meet the needs of the member agencies, their constituent members as well as compliance with Federal, State and Local EMS regulations and statutes. iv. Additional Responsibilities • Assist member agencies with compliance with Drug Enforcement Administration (DEA) Controlled Medication Policy. Regional Cooperative Care Partnership Joint Powers Agreement 4 • Compares RCCP system to other cooperative, partnership or departmental systems to strive to continual improvements. • Interacts with personnel from outside agencies to gain knowledge of potential new ideas or processes that would improve the RCCP. • Propose changes to system to Administrative Oversight Board for approval. • Evaluates potential for involvement of additional agencies and provide information to all stakeholders regarding involvement in RCCP. • Responds to direction of administrative oversight board on matters related to RCCP. • Serve as the designated Infectious Disease Officer relating to disease and/or blood borne pathogens exposure from emergency incidents 4) Training: The RCCP will provide the following emergency medical continuing education with State of California approved continuing education credit: • Two Field Care Audits of a minimum three hours each - Annually • In-Station/In-Service (normally two or three fire companies each) EMT-D Training/Field Care Audits of a minimum of one and one-half hours each - Quarterly • Assessment of Airway Management and CPR — Annually • Assessment of key ALS skills for paramedics - Annually • New Hire EMT and/or Paramedic skills assessment, as needed • New Hire RCCP orientation, as needed • Assist with one Zone Training session (one Heartland and one South Bay) — Annually • One-on-one training to employees relating to CQI matters, as needed • Other training as authorized by the Board 5) Representation to other organizations and government agencies i. The Medical Director, Clinical Coordinator, and Program Manager shall represent the member agencies at the listed established committees unless a member agency has another designated representative present at the committee meeting. for clinical matters with the State EMS Authority and/or Local EMS Agency (County EMS), These committees shall included the following: • Base Hospital Physician Meetings (BSPC) • Base Hospital Quarterly Meetings • California Fire Chiefs' Association — EMS Southern Section • San Diego County EMS Prehospital Audit Committee (PAC) • San Diego County Fire Chiefs Association — EMS Section • San Diego County Paramedic Committee (CPAC) • San Diego County EMCC Prehospital/Hospital Subcommittee • Quarterly Base Hospital Meetings • Other committees as necessary or requested by the Board 6) Other Services Regional Cooperative Care Partnership Joint Powers Agreement 5 i. The Members may upon their mutual agreement and in accordance with the terms outlined herein may expand the quantity and scope of services provided hereunder. Section 4. Management of Agreement. A. Administrative Oversight Committee 1) An administrative entity, to be known as the "Administrative Oversight Committee" (hereinafter "Board") is hereby established, and which shall oversee the exercise of the powers set forth in Section 3 of this Agreement. Each Member shall have not more than • one (1) seat on the Board. Each Member shall be represented by its fire chief or another employee so designated by the Member, but no Member shall be represented on the Board by an elected official of the Member agency. The designee for each Member must be identified, initially upon execution of this Agreement and thereafter on an annual basis on or before the anniversary date of this Agreement, or upon any change of a Member's designee. B. Meetings of the Board 1) Regular Meetings of the Board. The Board shall provide for its regular meetings; however, it shall hold at least one (1) regular meeting each quarter. The Board may provide for further meetings, as may be needed from time to time. 2) Quorum. A majority of the Board shall constitute a quorum for the transaction of business. In the event that a quorum of the Board is present, a majority vote of the members of the Board present at the meeting will be required to take action, although a lesser number of the Board may adjourn for lack of a quorum. Section 5. Powers and Duties. A. Common Powers. 1) The Board shall have all powers common to the Members including but not limited to the following: to consolidate, share, and fund certain administrative, training, and oversight services related to the provision of pre -hospital emergency medical services, to acquire and manage personal property and equipment, to execute contracts on behalf of the Members for the provision of services described herein, and to collect and distribute funds for payment for such services from the Members as provided herein. B. Manner of Exercising. Regional Cooperative Care Partnership Joint Powers Agreement 6 1) Pursuant to Government Code section 6509, the Board shall exercise its powers on behalf of the Members subject to the restrictions on the manner of exercising powers of a general law city. C. Duties. 1) The Board is hereby charged with performing all acts necessary for the exercise of common powers, including, but not limited to, any or all of the following: i. Recommend an annual budget, as necessary, for the cooperative efforts contemplated by this Agreement, which shall be subject to the approval of the respective governing bodies of the Members; ii. Request the approval of the respective governing bodies of the Members of amendments to the annual budget as necessary to provide the services contemplated by this Agreement; iii. Develop an annual operating plan for the cooperative efforts contemplated by this Agreement; iv. Approve an annual cost allocation plan for each of the Members to participate in the cooperative efforts contemplated by this Agreement; v. Appoint a representative of a Member, who must be a full-time employee of one of the Members, who shall be responsible for coordinating and overseeing the cooperative efforts of the Members in providing the services more completely described herein, in a manner consistent with this Agreement; vi. Execute contracts for the services contemplated in this Agreement and in accordance with the approved annual budget, which services shall be paid for by the Members in accordance with Section 6(B) of this Agreement; vii. Approve a description of services contemplated in this Agreement which are to be provided by one or more employees of one or more Members, the costs of which shall be included in the approved annual budget and paid for by the Members in accordance with Section 6(b) of this Agreement; viii. Recommend personnel actions to each Member with the appointing authority for personnel to be utilized to provide the services contemplated in this Agreement, where the costs of such services are to be paid for by the Members in accordance with Section 6(b) of this Agreement, and approve the appointment of any such employee(s) by the Member(s) to provide such services; and ix. Approve the cost of services to be provided by Member personnel to be paid for by the Members in accordance with Section 6(b) of this Agreement. Regional Cooperative Care Partnership Joint Powers Agreement 7 Section 6. Cost Allocation. A. Fiscal Year. The fiscal year shall be the twelve (12) month period commencing each July 1. B. Cost Allocation Formula. 1) The formula for the shared costs shall be based on the following factors: i. Total Medical Transports of the combined agencies, including Members and any agencies that participate by way of contract or any agreement, and ii. Percentage of Total Medical Transports that any specific agency contributes to the Total Medical Transports. By way of example, Agency "A" has 25 medical transports and the Total Medical Transports is 100. Agency "A" would be allocated 25% of Total Medical Transports. iii. Each calendar Year by February 1, the Board shall receive transport data for each of the Members and other participating agencies and a cumulative total establishing Total Medical Transports. iv. Each Member and other participating agency shall be charged a fee established as a percentage of the approved annual budget of the JPA. v. This fee shall be established by the following formula: Agency Percentage of Medical Transports (Defined in Sub -paragraph ii above) X Total Approved Budget 2) The formula shall be updated annually to be effective the following fiscal year. C. Cost Allocation Plan. 1) The Board, after the. Members have each approved the annual budget, will determine the specific costs to be shared among the Members (the "Cost Allocation Plan"). The Cost Allocation Plan, as determined by the Board, may include, but is not limited to, the following commonly shared costs and expenses: i. The costs of services provided to the JPA by personnel of any Member(s), as approved by the Board in accordance with Section 5(C). ii. The costs of materials, supplies and services. iii. Capital expenditures based on the cost of the original purchase of equipment, hardware, and other fixed asset type items, typically having a useful life of more than two (2) years, including equipment, improvements, and additions, as Regional Cooperative Care Partnership Joint Powers Agreement 8 opposed to replacement parts for ordinary maintenance during the useful life of the capital items. All costs associated with such purchases, such as installation, shall be capitalized. Replacement of equipment at the end of the useful life shall be a capital item. Assessment of Members for capital expenditures shall be in accordance with the formula for operating expenses set forth in Section 6(8) of this Agreement. D. Funding; Payments and Credits. 1) Funding i. The primary method of funding the RCCP is through charges applied to user fees charged for medical transports by the medical transport provider under contract with the Board and/ or otherwise authorized by the County to provide medical transports in each Member's jurisdiction. ii. Each February, the Board shall cause to be submitted to each Member data supporting the current and projected payer mix and collection rates for that specific entity. Such data will provide the agency with the Marginal Collection Rate that will likely be experienced by the collection efforts for transports within that Member's jurisdiction. The Board will cause each Member to be provided with the dollar amount which must be applied to the fee for service rates of each specific agency in order to recognize revenues sufficient to meet the funding requirements of the adopted budget consistent with the funding formula at defined and determined in Paragraph 6(B) above. iii. Each Member, at its absolute and sole discretion, may determine to provide funding to the Board through direct cash dispersements that do not utilize an adjustment to fee -for -service rates. If a Member chooses to fund its responsibilities without utilizing the fee -for -service charge method described in this paragraph, payments shall be made in equal quarterly installments due on the first of July, October, January and April. iv. Funds received in excess of operational expenses will be allocated to reserves, as approved in the budget process, and future operating expenses. If revenues exceed annual operating expenses and approved reserve funding by more than ten percent (10%), adjustments to fees shall be considered. 2) Payments and Credits i. In the event that a Member's allocated costs are not paid in full by those payments made pursuant to Section 6(D)(1), additional payments and credits shall be paid to the Board by the Member according to the Cost Allocation Plan. The Board shall deliver to Member an invoice for any amounts required to be paid pursuant to this Section. Member shall remit payment to the Board not later than thirty (30) days from the date of the invoice. In the event any payment required by this Section is not timely made, the Board reserves the right to charge interest on the unpaid amount at the rate of twelve percent (12%) per annum. Regional Cooperative Care Partnership Joint Powers Agreement 9 E. Budget Administration. 1) The Board has the authority to fully implement the approved budget, and may authorize expenditures and budgetary transfers or adjustments, as necessary. 2) The Board shall provide for a strict accounting of all funds held and expenditures made pursuant to its powers described herein, and shall report all receipts and disbursements for the most recently completed fiscal year quarter at each regular meeting. Section 7. Personnel. A. All personnel utilized to provide the services contemplated by this Agreement shall remain employees of their respective Member and no express or implied employment contract exists as a result of this Agreement. All personnel hired by any Member shall be and remain an employee of said Member and shall at all times be subject to the direction, supervision and control of said Member, and said Member shall have the sole responsibility of paying the salaries, taxes, benefits and other employee related expenses regarding its employees. Section 8. Withdrawal; Termination. A. Each Member shall remain a party to this Agreement, and share in the costs of operations of the services being shared under this Agreement. If, in the interim, any Member defaults on payment of any payment due pursuant to Section 6, or otherwise breaches this Agreement, such Member shall be automatically terminated as a party to this Agreement. The terminated Member remains liable for the defaulted payment and late charges for the balance of the delinquent payment. B. A Member may withdraw as a party to this Agreement without penalty on any June 30 after the effective date of this Agreement, with one hundred eighty (180) days' prior notice to the Board. Such withdrawing Member shall perform all obligations under this Agreement until the noticed December 31st date of withdrawal. C. The Board and the Members each retain the right to seek legal redress, if necessary, to obtain payment of amounts due. The Board and the Members are each entitled to costs and attorney fees related to such legal redress. A withdrawing Member forfeits any claim to any assets of the Members. D. Notwithstanding the above, any Member which withdraws shall be obligated to pay to the Members a sum equal to the percentage of said Member's payments due for the fiscal year ending on the date of withdrawal, applied to the total amount of existing long-term debt of the Members existing on the date of withdrawal. Said payment can be a cash payment of the full amount or periodic payments as long-term debt becomes due and payable. Should the withdrawing Member choose to pay such amount as the debt becomes due and payable, said Member shall be responsible for, in addition to the principal payments due, all interest and finance costs. Section 9. Dissolution. Regional Cooperative Care Partnership Joint Powers Agreement 10 A. The Agreement shall terminate if the number of parties to this Agreement becomes Tess than two (2) members, or if the parties unanimously agree to terminate the Agreement. In either instance, dissolution shall only be effective upon a December 31st, but shall in no event be effective until the requirements of Section 10 are satisfied. Section 10. Disposition of Assets. A. This Agreement may not be terminated and disposition of assets, if any, made to parties to the Agreement until the Board reasonably exhausts all means of collecting any monies due to the Agreement. B. If the cause for termination was reduction of the number of parties to the Agreement to less than two (2) Members, all net assets jointly owned by two (2) or more Members shall be disposed of in accordance with the separate agreement for those assets. If there is no separate agreement for otherwise disposing of the jointly owned assets, if any, said assets become the property of the sole remaining party to this Agreement. C. If the cause for termination is mutual agreement, the total dollar amount of the net assets, if any, shall be apportioned among such parties according to the relative assessments paid by those parties during the entire term of the Agreement. D. In no event shall assets be transferred to Members until all debts are retired. Section 11. Amendment to Agreement. A. The Board may recommend an amendment to this Agreement. This Agreement may be amended by a unanimous vote of the legislative bodies for the Members. The Board shall forward the proposed amendment with its recommendation to each Member. The proposal shall be accompanied by a copy of the proposed amendment to the Agreement, which shall be adopted, properly executed, and returned to the Board if the Member concurs with the amendment. If the legislative body of any of the Agencies fails to approve the amendment, if such approval is required, that Member shall be deemed to have elected to terminate its participation in this Agreement. In such event the terms of Section 9 shall apply. Section 12. Additional Parties to the Agreement. A. Public agencies, as defined in the Act, which are not parties hereto, may become parties hereto only (upon approval by the legislative body of the agency requesting membership) by amendment to this Agreement as defined in Section 11 hereof, and subject to the following terms and conditions. B. A new Member may be permitted to join this Agreement upon a unanimous vote of the Members. C. The Board shall determine the fees to be paid by the new Member for the services provided to the new Member pursuant to this Agreement. Regional Cooperative Care Partnership Joint Powers Agreement 11 D. The new Member shall pay a buy -in fee as determined by majority vote of the Board after consideration has been given to the following factors: 1) The book value of the existing Members' Tong -term fixed assets 2) The book value of the existing Members' current assets 3) The existing Members' unappropriated reserves for contingencies 4) Benefits received by the existing Members by adding the new Member 5) Such other facts that the existing Members believe are germane to a determination E. The effective date of the amendment to this Agreement and inclusion as a new Member shall only occur on a date mutually agreed upon by all parties. F. Unless otherwise agreed to by the parties and in addition to any buy -in fees, a new Member shall pay to the Board a prorated portion of any annual membership fees based on the effective date of the amendment adding the new Member to this Agreement. G. Such new Members that become parties hereto shall be entitled to all the rights and obligations of Members, and shall become a Member as defined in this Agreement. Section 13. Notices. A. All notices and other communications permitted or required hereunder shall be in writing and shall be served by personal delivery or by deposit in the United States mail, postage paid, addressed to the respective parties as follows: To Alpine: Alpine Fire Protection District 1364 Tavern Road Alpine, CA 91901 Attention: Fire Chief To Bonita-Sunnyside: Bonita-Sunnyside Fire Protection District 4900 Bonita Road Bonita, CA 91902 Attention: Fire Chief To Imperial Beach: City of Imperial Beach 865 Imperial Beach Blvd Imperial Beach, CA 91932 Attention: Public Safety Director/ Fire Chief To La Mesa: City of La Mesa 8130 Allison Avenue La Mesa, CA 91941 Attention: City Manager Regional Cooperative Care Partnership Joint Powers Agreement 12 To Lemon Grove: To National City: To San Miguel: City of Lemon Grove 3232 Main Street Lemon Grove, CA 91945 Attention: City Manager City of National City 140 East 12th Street, Suite A National City, CA 91950 Attention: Director of Emergency Services San Miguel Consolidated Fire Protection District 1800 Via Orange Way Spring Valley, CA 91978 Attention: Fire Chief B. Any notice or other communication served by personal delivery shall be deemed served when delivered. Any notice or other communication deposited in the United States Mail as provided above shall be deemed to have been served two days after the day of deposit. Section 14. Severability. A. Should any part, term, portion, or provision of this Agreement or the application thereof of any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance. Section 15. Hold Harmless. A. Each Member shall defend, indemnify, and save all other individual Members harmless from any and all claims arising out of that individual Member's negligent performance of this Agreement. Any loss or liability resulting from the negligent acts, errors, or omissions of the Board and/or any staff hired jointly by or employed by the Members, while acting within the scope of their authority under this Agreement, shall be borne by the Members' collectively and proportionately in accordance with the contributions agreed to for all other obligations of the Members under this Agreement. The provisions of this Section 15 shall survive the termination or expiration of this Agreement. Section 16. Legal Representation and Advice. A. Each Member shall rely upon and consult with its own legal counsel regarding legal matters or issues related to the Member's participation in this Agreement. In the event that a legal matter or issue relates to two or more Members where the Members involved will benefit from joint representation, the Board shall meet and agree on appropriate legal representation and apportionment of costs, if applicable. Legal counsel appointed by the Board to represent two or Regional Cooperative Care Partnership Joint Powers Agreement 13 more members shall not be any legal counsel who serves as City Attorney or General Counsel for any Member. Section 17. Successors. A. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Section 18. Governinq Law. A. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 19. Entire Agreement. A. This Agreement, and any exhibits and attachments, constitutes the entire agreement of the parties. This Agreement may be executed in counterparts. [Signature Pages Follows] Regional Cooperative Care Partnership Joint Powers Agreement 14 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed as of the day and year first above written. ALPINE FIRE PROTECTION DISTRICT Attest: Fire Chief/Fire Board Secretary Regional Cooperative Care Partnership Joint Powers Agreement 15 By: Its: BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Attest: Fire Chief/Fire Board Secretary By: Its: Regional Cooperative Care Partnership Joint Powers Agreement 16 CITY OF IMPERIAL BEACH Attest: City Manager/City Clerk Regional Cooperative Care Partnership Joint Powers Agreement By: Its: 17 CITY OF LA MESA Attest: City Manager/City Clerk By: Its: Regional Cooperative Care Partnership Joint Powers Agreement 18 CITY OF LEMON GROVE Attest: City Manager/City Clerk Regional Cooperative Care Partnership Joint Powers Agreement 19 By: Its: CITY OF NATIONAL CITY Attest: City Manager /City Clerk By: Its: Regional Cooperative Care Partnership Joint Powers Agreement 20 SAN MIGUEL CONSOLIDATED FIRE PROTECTION DISTRICT Attest: Fire Chief/Fire Board Secretary Regional Cooperative Care Partnership Joint Powers Agreement By: Its: 21 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 15, 2012 AGENDA ITEM NO. 19 EM TITLE: Resolution of the City Council approving Amendment No. 1 which provides for a three month extension to the current Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services PREPARED BY: Leslie Deese, City Manager PHONE: 336-4240 EXPLANATION: See attached Staff Report DEPARTMENT: City Ma,C].Dlc er APPROVED FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: See attached Staff Report BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Resolution Resolution of the City Council approving Amendment No. 1 which provides for a three month extension to the current Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services STAFF REPORT The purpose of this report is to recommend that the City Council approve Aunt ndment No. 1 which provides for a three month extension to the current Agreement between the San Diego Unified Port District and the City of National City to provide police, fire and emergency medical services to National City's tidelands property. The Amendment also provides that the existing Agreement will end on the effective date of the new Agreement, provided that the extended Agreement amount is adjusted based on the final negotiated price for the new Agreement. Each member city, including National City, contracts with the Port District for public safety services. The term of National City's current Agreement (attached) is from July 1, 2009 through June 30, 2012. City and Port staffs have been negotiating on a new contract since April, 2012 At our last meeting on May 1, 2012, Port staff requested National City consider extending the current Agreement as allowed in Section 2, Term of Agreement. This same request has been made to all Port member cities. Negotiations between Port and City staff will continue during the contract extension. Upon completion of negotiations and execution of documents, the new Agreement would take effect and the extension of the existing Agreement would end on the effective date of the new agreement, provided that the extended Agreement amount is adjusted based on the final negotiated price for the new Agreement. STAFF RECOMMENDATION: Staff recommends that the City Council approve Amendment No. 1 to the Agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical services for a three month period as allowed for in the current Agreement. AMENDMENT NO. 1 TO AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 123-2009 The parties to this Amendment No. 1 to Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and the CITY OF NATIONAL CITY, a municipal corporation (City). Recitals: District and City are parties to an Agreement for Police, Fire and Emergency Medical Services. The Agreement is on file in the office of the District Clerk as Document No. 55944, dated January 12, 2010. The Parties Agree: 1. As allowed in Section 2, Term of Agreement, this Agreement is extended for an additional three months. Therefore, the Agreement shall cover services rendered from July 1, 2009 to September 30, 2012. 2. As provided in Section 2, Term of Agreement, upon completion of negotiations, Board of Port Commissioners approval, and execution of the documents, the new Agreement will take effect and the extension of the existing agreement will end on the date of the new agreement. The Agreement amount for this extended period will be adjusted based on the final negotiated price for the new Agreement. * *END OF PAGE* * Agreement No.: 123-2009; Amendment No. 1 Party to Agreement: City of National City Requesting Department: Executive Offices Page 1 of 2 3. All other terms, covenants, and conditions in the original Agreement shall remain in full force and effect and shall be applicable to this Amendment. CITY OF NATIONAL CITY SAN DIEGO UNIFIED PORT DISTRICT Ron Morrison Mayor Karen Porteous Executive Vice President CITY ATTORNEY PORT ATTORNEY Agreement No.: 123-2009; Amendment No. 1 Party to Agreement: City of National City Requesting Department: Executive Offices Page 2 of 2 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO EXTEND THE TERM OF THE AGREEMENT FOR THREE MONTHS OR UNTIL THE NEGOTIATIONS FOR THE NEW AGREEMENT ARE COMPLETE WHEREAS, on December 15, 2009, the City Council adopted Resolution No. 2009- 293, approving an Agreement with the San Diego Unified Port District for the provision of police, fire, and medical emergency services to the non -ad valorem taxpaying properties located on the City's tidelands from January 1, 2009 to June 30, 2012; and WHEREAS, the Amendment provides that the existing Agreement will end on the effective date of the new Agreement, provided that the Agreement amount for this extended period will be adjusted based on the final negotiated price for the new Agreement; and WHEREAS, negotiations for the new agreement have not been completed, therefore, it is necessary to extend the term of the agreement for an additional three months, to September 30, 2012, or until the effective date of the new agreement, whichever comes first; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute Amendment No. 1 to the Agreement with the San Diego Unified Port District for police, fire, and emergency medical services to extend the term of the Agreement for three months, through September 30, 2012, or until the effective date of the new agreement, whichever comes first. Said Amendment No. 1 to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2012. 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: May 15, 2012 AGENDA ITEM NO. 20 'EM TITLE: A request to initiate a street vacation for a portion of Hoover Avenue north of 22nd Street and a portion of Harding Avenue north of 22nd Street (Applicant: Paradise Creek Housing Partners, L.P.) (Case File No. 2012-04 LS, SC). PREPARED BY: Raymond Pe DEPARTMENT: Co e• ;; S- ices PHONE: 619-336-4421 APPROVED BY: EXPLANATION: The proposed street vacation is in conjunction with a proposed Tentative Parcel Map for the Paradise Creek Affordable Housing Project, known as the Westside Infill Transit Oriented Development (WI-TOD). The proposed project is a 201-unit affordable housing development on the site of the current Public Works Yard and the adjacent former Sun Diego Bus Charters site (Illes property) on the east side of Paradise Creek. The project also includes the expansion of the Paradise Creek Educational Park on the west side of Paradise Creek. The area of Hoover Avenue proposed to be vacated is the westerly 13.7-feet (approx.) of the right-of-way along the length (approx. 800-feet) of the street segment between 22nd Street and Paradise Creek. The area of Harding Avenue proposed to be vacated is the eastern half of the right-of-way between 22"d Street and Paradise Creek. The proposed street vacations are needed to accommodate the proposed project design. The City Council has the authority to initiate proceedings to consider the vacation of public streets. If initiated, the Planning Commission would hold a hearing to consider the conformity of the proposed vacation with the General in. The City Council would then hold a hearing to consider the Planning Commission's determination of iformity along with staff's report and recommendation and any evidence offered by interested persons at the nearing. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: The project was adequately addressed in the Final Environmental Impact Report for the Westside Specific Plan (State Clearinghouse No. 2008071092), which was certified by the City Council on March 16, 2010. The project is subject to the adopted mitigation measures as a condition of approval. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends that the City Council initiate a street vacation for a portion of Hoover Avenue north of 22nd Street and a portion of Harding Avenue north of 22nd Street as described in the attached exhibits. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Application and Plans. ATTACHMENT 1 PLANNING DIVISION 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 (619) 366-4310 planningPmationalcityca.gov STAFF ONLY Case Number 2.4) IL► 01- �cg .3C Filing Fee $ Receipt No. Date Received 2r12ol2By�l Zoning Designation tt!Ce- OS? U.G New or Modification 4177.1 Related Cases / P 5'X 5C-.41 l-2A78o7/p92 E.A.F. Required .fie1 67R , Fee DISCRETIONARY PERMIT APPLICATION Amendment Annexation Approval of Plans Certificate of Compliance Coastal Development Permit Code Amendment Conditional Use Permit Historic Site Designation Interpretation Initiation SUBJECT PROPERTY ADDRESS: Address: 2100 HOOVER AVE NATIONAL CITY, CA APPLICANT: Name:,ARADISE CREEK ROU$ING PARTNERS. LP (Please type or print) Address: 18201 VON KARMAN AVE, SUITE 900, IRVINE, CA 92612 Planned Development Permit Planned Unit Development Specific Plan X Street/Alley Vacation Substantial Conformance X Tentative Parcel Map Tentative Subdivision Map Time Extension X Variance Zoning Map Change Signature: RICK WESTBER 559-124-05 and 560-206-03 and 560-206-05 and 560-391-05 and 560-391-10 and 560- 391-08 and 560-396-06 and 559-104-10-00 and APNS59-125-15-00 AUTHORIZED SIGNATORY 02(151;012 Date: Phone No. (949) 660-7272 Fax No. (949) 660-7273 Email: RWESTBERG®RELATED.COM PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: City of National City Signature: (Please type or print) Brad Raulsto Address: 1243 National City Boulevard, National City, CA 91950 'phone No. (619) 336-4421 Fax No. Email: rpe@nationalcitycagov c/o Raymond Pe PROPERTY AND PROJECT DESCRIPTION 1. PROPERTY DESCRIPTION (fill in blanks) No. of parcels No. of units/suites Building/suite square footage Parking spaces — covered Parking spaces — uncovered Existing *tip e9 9)* N/A N/A N/A N/A Proposed iiiiveE(6)i 201 *Nine (9) total parcels, of which seven (7) would be remapped into four (4) parcels. 192,565 RESIDENTIAL; 6,502 RESIDENTIAL SERVICES; 205 51 ONSITE, 23 OFP-SITE UHOOVER AVE) 2. PROJECT DESCRIPTION (ideas for description are bulleted below) • Purpose of request • Number of employees • Hours of operation • Days of week open to public • Neighboring uses List license/permits required by governmental agencies Live entertainment / karaoke Types of alcohol sold on site Unit square footages • Number of bedrooms • Building height • Setbacks • Private open space per unit • Common open space The development shall consist of a two phase 201-unit affordable housing community on approximately 12.75 acres in the City of National City. The property shall be developed in two phases, Phase I consisting of 109- units and Phase II consisting of 92-units. The property is bordered by residential and light industrial/ commercial to the west, residential and Kimball Elementary School to the north, and light industrial/ commercial to the east and south. The existing Paradise Creek intersects the site and generally runs from the northeast corner to southwest corner of the site. The recreational facility for both Phase I and Phase II shall include a community building, office areas, multi -purpose room and miscellaneous other uses. Laundry facilities wi11 be included within the Phase I site. Outdoor amenities for Phase I will include bar-b-q pits, a tot lot, and an open park area. The development of the Project shall include the improvement of the Paradise Creek Parcel and expansion of the Paradise Creek Educational Park. The development of the Project shall also include enhanced streetscape along 22nd street connecting the development to the existing 24th Street Trolley Station located at 22nd Street and Wilson Avenue. The proposed parcel map would remap seven parcels into four parcels. Proposed Parcels 1 and 2 on the east side of Paradise Creek would correspond to Phases I and II, respectively. The proposed street vacation would vacate portions of Hoover Avenue and Harding Avenue to accommodate the project design. The proposed variance would allow the project to exceed the maximum floor area ratio (FAR) and to reduce the minimum dwelling unit floor area. Discretionary Approval Applications Revised January 13, 2011 Dvarokc: 8rc111ACG2s, Rte. CITY OF NATIONAL CITY TENTATIVE f1 #xxxx FOR: HOOVER AND 22ND CASE # 2012-04 LS, SC PBOP05rn LOT WAS •w0ll �q, wwn. APSP.<0 2.222 5.L319.n. zl..•00 3901 I 5145E 3011..33MIS ••.33 uywmn .zwuts vlu tom Aw39 L;$ MP ITC 31 HOMER AYENUF - .Nm CA SFCllcdy 22N0 S1RFST - TYPIC gT11CN 9, • 40'; 40' GOT/ STREET 40' NOT A PART OF IBIS SUBDIVISION II 40' 40' 40' 40' 40' 40 40' 20771 STREET 40' NOT A PART OF THIS SUBDIVISION 40 BOTH STREET 40' n PARCEL 3 67,890 SO E, 1,320 ACRES ME NCR-2 MALE -USE 0044ER0u RESEW, 92,09 , Y i.ar on' HARDINC r.riny� �,•my TO BE VACATED 40' '1 tl IR 3r2mw PARCEL 4 113,394 SC. R. 2E02 ACRES ZONE: CSR:OPEN S.ACE RESERVE BOOVER TO BE DEDICATED YIS PARCEL 1 la0•43e SO. Ft 143 ACRES ZONE: 40R-2 4UL11-US CD44EPGAL PESOOWRA1 110UVER TO BE VACATED { I PARCEL 2 90.901 SO F', 2.151 ACRES 001,0. 4L9-2 11UL11-US2 CCN MAGI', REGCEO HOOVER TO BE VACATED 40' 40' -� — _ o z— STREET 40' 40` 90' xZ: B00VSR TO REMAfN 40' 0 , 40' e9,Y 20 STREET VA CA VA TED�- T 40' I ' 40' .21ST STREfTo 40' 40' / v 1n, IYWnMw.I.A.5lb9W Canard. GM,'wll 31.e570,3•11 0N665t61 Consultants: nl:s0 a "e.ilo°' "` 6o, woven, Cn 9A,9 21ru9F1.004 PO l2R 212311•33,349u.N Son Dog, CA 4J10 PARADISE ENTITLEMENT SJ6MI TTAL Rate Related Cohforma ,21009070i x>w,.., 3•1•Ns GgIVE:11 CONSULTING, INC. CINL ENGINEERING LA1e rluwxb > •anma 111,11. morm•5•bm.H MMP Slam. PROPOSED MAPPING 9n••1 C-2 • PNEL'41MAPv_ 40' , 19T11 STREET 40' 07' A PART OF TIIIS SUBDIVISION 40' 40' VI 40' 20TH STREET 40' 290.11 L 572'16'191V N�6:77ht6 a MITp 76,te J6t PARCEL 3 57,890 SQ. Fr. 1.329 ACRES ZIXdE MCR- 2 MULTI -USE COMMERCIAL. RESIDENTIAL 4 4Y3/Y/ HARDING' TO BE_ VACATED _ 40' NBT. 48779y 299.26 57T1a 46'W PARCEL 4 113,354 SO. Fr. 2.602 ACRES ZONE: 05R:OPEN SPACE RESERVE 5 4 HOOVER TO BE DEDICATED A 12 4'ti N]2043 �ry o h. HOOVER TO BE VACATED IN `;Im PARCEL 2 93,907 5C. FT. 2.156 ACRES ZONE: MCR-2 MULTI -USE COMMERCIAL RESIDENTIAL PARCEL 1 180,458 50. ET. 4.143 ACRES ZONE MCR-2 MULTI -USE COMMERCIAL RESIDENTIAL 22ND STREET 197.69 N72'12.06'E HOOVER TO BE VACATED 40' 40' L=12.51' R=27A0 89.00 N77 4.19'E ti o� 40' HOOVER cs e a, 126.3' wT 0 6.34 HOOVER TO REMAIN 147211'35'E 40' 20TH STREET VACATED 40' 40' 21 ST STREET 40' 40' HOOVER AVENUE STREET VACATION 4 24.27' 917'43'15'W 40' 40 tfi y m hi 62.59 19'47'31"W oae' HARDING 538'26'50'w _TO BE VACATED 40' .._ PARCEL 1 180,45E SQ. FT. 4.143 ACRES ZONE: MCR-2 MULTI -USE COMMERCIAL RESIDENTIAL _- ONO MU 411.11• ,22ND STREET HARDING AVENUE STREET VACATION PROP PROP WALK PROP B'C&G 26.3' EX. R%W 40' HOOVER AVENUE - TYPICAL SECTION PUBLIC D)Rttf N.TS. LOOKING NORTH 22ND STREET - TYPICAL SECTION PUBLIC STREET N.T.S. LOOKING EAST EX, GRADE CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT € FTING DATE: May 15, 2012 AGENDA ITEM NO. 21 :M TITLE: Follow up report and request for direction from City Council regarding the initiation of a Code Amendment to allow for additional accessory structure area on large lots.. ,_RED BY: Martin'Reeder, AICP DEPARTMENT: Pla ing.'' : 619-336-4313 APPROVED B LANATION: At the City Council meeting of April 3, 2012, there was a presentation made under oral communication regarding the construction of a carport on a lot that has existing accessory area in excess of Land Use Code requirements. The proponent suggested that larger lots were restricted by the code language and could not enjoy the same privileges as smaller lots. In order to modify the code language, a Code Amendment would be necessary, which would first need to be initiated_ Upon considering this report the Council may, at its discretion, initiate said amendment by minute action. The attached background report discusses the matter in detail and provides options for the Council. #ANCIAL STATEMENT: NT NO. N/A 'IRONMENTAL REVIEW: N/A )R7INANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS l AFF RECOMMENDATION: Consider the attached staff report and determine if a Code Amendment initiation is warranted. OARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: I. Background Report Letter from proponent BACKGROUND REPORT The property in question is located at 425 Shell Avenue, which is a historic property located in the RS-2 (Small Lot Residential) zone. The home is approximately 3,300 square feet in size and is located on an almost acre and a half lot. In addition to a garage constructed as part of the existing house, the property is also developed with a 1,500 square -foot detached garage. The proponent of the language change came to the City to inquire about building additional covered parking area in the form of a three -car carport. Staff indicated that the property had more than the maximum amount of garage area and that this would not be possible. At that time, the maximum amount of garage area was 750 square feet or 25% of the size of the home, whichever was greater. In this case the latter applied — 825 square feet; the existing property has in excess of 1,500 square feet of accessory building area. Since the original inquiry, the Land Use Code was changed to remove the section referring to maximum garage area permitted. In lieu of this section, the total area of all accessory structures, including garages, is now limited to 30% of the size of the home. However, 400 square feet of covered parking may be discounted from the 30%. It is unclear exactly how big the existing built-in garage is, but it was designed for a horse and carriage. Therefore, it is likely only large enough for a single car, or around 200 square feet at a minimum. Based on these numbers, the proponent would be able to have 990 square feet of accessory structure(s) beyond the 400 square feet of parking; they have 1,100 square feet (200 square -foot attached garage plus 200 square feet of the 1,500 square -foot detached garage, leaving 1,100 square feet). This does not count any other accessory structures that may be on the property. The proponent has suggested that larger lots are restricted by the code language and cannot enjoy the same privileges as smaller lots. To this end, the owner has suggested that the City amend the Land Use Code by adding language further limiting accessory structure area to "no more than a certain percentage of the lot." As an example the property owner in their letter (attached) suggested 15%. In the case of a one and a half -acre site, this would be around 9,800 square feet. However, in the case of a 5,000 square -foot lot — roughly the average lot size in the City — 15% would only be 750 square feet. This would be unfair to smaller lots. Furthermore, this would also allow any lot to exceed the current maximums for accessory structures. In summary, being that the property owner already has in excess of the 990 square feet of accessory structure(s) allowed, no more would be allowed without changing the Code requirements. A Zone Variance would not be appropriate in this case seeing as there is no hardship related to the size, shape, or topography of the lot, findings for which must be made for a Variance. 1 Initiation procedure A Code Amendment must first be initiated in order to be considered for adoption by the Planning Commission and City Council. Initiation may be made either by minute action of the City Council or by application. The latter option requires the applicant to submit an application and the associated $1,607.50 fee. Minute action by Council does not necessitate a fee on the part of the affected parties. In the case of the Council initiating a Code Amendment, the applicant would need to pay an application fee of $2,485 and submit a full application to staff. The application would need to provide justification for the amendment and proposed new language for the Land Use Code. Staff would then bring the full Code Amendment application to the Planning Commission, and ultimately the City Council, for consideration and approval. However, the proponent does not wish to pay for and thus initiate the amendment, being that he will then further have to pay building permit fees (approximately $1,000) on top of the Code Amendment application fees. In most cases of a Code Amendment, the applicant is a business owner or developer, and changing of the code allows use or development of a property that results in ongoing profit for the applicant. The proponent of the proposed language change regarding accessory structures has objected in principle to paying a fee so that he can pay again for a permit. To this end staff researched other cities to see if they differentiated between code amendment fees for business owners or developers vs. a residential property owner. All cities contacted had one fee regardless of who applies. The City Council has two options in this case; instruct staff to initiate and process a Code Amendment on behalf of the City to include the proposed language, or not. If the former is requested, the City would foot the bill for the application. The Council may also choose to initiate the amendment by minute action (as discussed above) and allow the applicant to continue with the process at their own expense as normal. However, as already stated, the property owner is not interested in the latter scenario. It should be noted that the limit on accessory structures stems from a Code Amendment in 1993 that placed the maximum in the code. Prior to that time there was no limit on the number or size of accessory structures. The staff report for that amendment stated that the change was necessary "to ensure that accessory buildings do not become the primary use of a site." And also to ensure that said structures are not "out of scale with the home on the property", among other things. 2 3/28/12 City Council and Mayor City of National City National City, CA 91950 Dear Mr. Mayor and Council members, I wish to build a stylish carport in my front yard to protect my vehicles. Since 1 have a historic house the new carport is designed in the Victorian Italianate style to match the look of the house. The style will be submitted to the National City Historical Society for their approval. I am willing to put the extra expense into the styling to keep the historic look intact, just as I did previously when building the carriage house (garage) in my back yard. In order to get a permit I need help in correcting an apparent oversight in the National City code regarding the allowed area of accessory buildings. The code section 18.14.265 reads as follows: 18.14.265 — Maximum area of accessory buildings On lots developed with a single-family residence, the total cumulative area of all accessory buildings, including but not limited to patios, shacks and sheds, but not including attached and detached garages, carports and swimming pools, shall not exceed twenty-five percent of the total square footage of the residence. The total cumulative area of all attached and detached garages and carports on a site developed with a single-family residence shall not exceed seven hundred fifty square feet, or twenty-five percent of the total square footage of the residence, whichever is the greater amount. Note that there is no reference to the lot size in the code. Following the present code language my existing garage exceeds the allowable limit and would not permit a new carport. Since I have a 1.5 acre lot it is obvious that there would be nothing crowded or unsightly about a carport to house 3 cars. I realize there are only a few large residential lots in the city, but it would be logical and fair to take that situation into account and allow those spacious lots to be used in a productive way that would earn the city some income and enhance the residential neighborhoods. Other owners of large lots containing historic homes typically have the same problem as I do. The house is usually served by large accessory buildings such as a carriage house, barn, or farm equipment building. The owners of these properties are prevented from legally building even a small accessory building by their existing condition of having large old accessory buildings already in place. A good example of this is the Stein Farm, which has a tiny house and large equipment garages on a large lot. To take the lot size into account I suggest that section 18.14.265 of the code to be amended to read as follows: 3 On lots developed with a single-family residence, the total cumulative area of all accessory buildings, including but not limited to patios, shocks and sheds, but not including attached and detached garages, carports and swimming pools, shall not exceed twenty-five percent of the total square footage of the residence. The total cumulative area of all attached and detached garages and carports on a site developed with a single-family residence shall not exceed seven hundred fifty square feet, or twenty-five percent of the total square footage of the residence, or ten percent of the total lot area, whichever is the greater amount. This would retain the present restrictions and merely add another to deal with the large lot. If this change to the code is made I will obtain a permit and start looking for a contractor to build the carport. Doing this project would be a win -win situation for the city and for me and my neighbors. The city would get the building permit fee, I would get permanent weather protection for my cars, and the look of my property from the street would be enhanced. 1 hope you can assist me with this request. I am writing the same request to the council members and hope to get their support too. Yours truly, Fred Puhn 425 Shell Ave. National City, CA 91950 4 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT :ETING DATE: May 15, 2012 AGENDA ITEM NO. 22 ITEM TITLE: Resolution of the Community Development Commission Housing Authority authorizing the Chairman to execute the first amendment to the agreement between the Community Development Commission Housing Authority and Mayer Hoffman McCann P.C., for independent auditing services to include the Fiscal Year Ended June 30, 2012, in the amount of $21,250 PREPARED BY: Tina Norrdin, FSO DEPARTMENT. PHONE: 619-336-4331 APPROVE EXPLANATION: On April 5, 2011, following a competitive selection process, the Community Development CoCDC) entered into an agreement with Mayer Hoffman McCann, P.0 (MHM), an independent auditing firm. Under the terms of the agreement, MHM was retained to perform a comprehensive fiscal year end audit and prepare associated documents, related to the CDC's housing element. The purpose of this requested action is to authorize an extension of the agreement through June 30, 2013. The extension will allow MHM to conduct and audit of the Housing Authority for the fiscal year ended June 30, 2012 and to assist staff with any associated clean up necessitated by audit findings and/or efforts associated with the recent formation of the Community Development Commission — Housing Authority of the City of National City attributable to State mandated dissolution of the Community Development Commission (CDC) — Redevelopment (the housing element was a component of the former CDC). uen the total duration of this agreement, including extensions, staff will initiate a competitive process by way of a Request for oposals prior to the end of fiscal year 2013/13 for continued independent audit services, beginning with the auditing of fiscal year ended June 30, 2013. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 001-0211 = $15,500 APPROVED: 562-445-462-201-0000 = $5,750. Funds are budgeted in the total amount of $21,250 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A TAC HMENTS: 1. CDC — Housing Authority Resolution 2. First Amendment to Agreement 3. MHM Aareement RESOLUTION NO. 2012 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH MAYER HOFFMAN MCCANN, P.C., TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR TO PROVIDE INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR 2011-2012 IN THE NOT TO EXCEED AMOUNT OF $21,250 WHEREAS, on April 5, 2011, the Community Development Commission of the City of National City ("CDC") adopted Resolution 2011-89, entering into an Agreement with Mayer Hoffman McCann, P.C., ("Mayer Hoffman") to provide independent auditing services for FY 2010-20011 for the amount of $21,250; and WHEREAS, the City and Mayer Hoffman desire to amend the Agreement to extend the term for one year, expiring June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012 for the total not to exceed amount of $21,250. 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 Mayer Hoffman McCann, P.C., to extend the Agreement for a one-year term expiring June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012, in the not to exceed amount of $21,250. Said First Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2012. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY AND MAYER HOFFMAN MCCANN, P.C. This Amendment to Agreement is enter into this 15th day of May, 2012, by and between the Community Development Commission — Housing Authority, a municipal corporation (the "Housing Authority"), and Mayer lloffman McCann, P.C. (the "Contractor"). RECITALS A. The Housing Authority and the Contractor (the "Parties") entered into an Agreement on April 5, 2011, (the "Agreement") wherein the Contractor agreed to provide independent auditing services for Fiscal Year 2010-2011 for the amount of $21,250. B. The Parties desire to amend the Agreement to extend the team of the Agreement for one year expiring June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012, as set forth in the attached Exhibit "A", in the total amount of $21,250. NOW, THEREFORE, the Parties hereto agree that the Agreement entered into on April 5, 2011, shall be amended to extend the Agreement for a one-year term expiring on June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012, as set forth in the attached Exhibit "A", in the amount of $21,250. 1N WITNESS WHEREOF, the parties hereto have executed this Fist Amendment to Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY By: Ron Morrison, Chairman APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel MAYER HOFFMAN MCCANN, P.C. (Corporation - signatures of [Ivo corporate officers) (Partnership - one signature) (Sole proprleorship - one signarure) By: (Print) 5 eili-V (Title) By: (Name) (Print) (Title) AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MAYER HOFFMAN MCCANN P.C. THIS AGREEMENT is entered into this 5th day of April, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CI 1 Y OF NATIONAL CITY, a municipal corporation (the "CDC"), and Mayer Roffman McCann P.C., an Independent Auditing Firm (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide Independent Auditing Services. WHEREAS, the CDC has determined that the CONTRACTOR is an Independent Auditing Firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the CDC advised of the progress on the project. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Chris Zapata, Executive Director, hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Matthew Lenton, Managing Director, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CDC or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTII OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work 2 City's Standard Agreement — June 2008 revision prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and di elaims.any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR's employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. 'Phis Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 3 City's Standard Agreement— June 2008 revision 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any Iicense, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or 4 City's Standard Agreement — June 2008 revision recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the CDC, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any 5 City's Standard Agreement — June 2008 revision liability under any of said acts which may be incurred by reason of any work to he performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S/CONSULTANT'S [CHOOSE ONE] employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance Iimits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may 6 City's Standard Agreement - June 2008 revision elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC_ 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy_ The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, 7 City's Standard Agreement - June 2008 revision whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONTRACTOR: Chris Zapata, CDC Executive Director Community Development Commission 1243 National City Boulevard National City, CA 91950-4301 Matthew Lenton Managing Director 2301 Dupont Drive, Suite 200 Irvine, CA 92612 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 8 City's Standard Agreement— June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the C1.)C. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all tunes 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 CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. 11 If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 9 City's Standard Agreement - June 20D8 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. 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 ofany 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) e ch party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. --- Signature Page to Follow --- 10 City's standard Agreement — June 2008 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE. CITY OF NATIONAL CITY By Ron Morrison, Chairman /13PROVED AS TO FORM: audia G. CDC Legal ,.� sel 11 MAYER HOFFMAN MCCANN P.C. (Corporation - srgnatures of two corporate officer,) (Partnership - one signature) (Sole proprietorship - one signature) By: (Name) 4/X (Print) 11/ I°/4r (Title) (Name) 1i.4,- -L /er vi71 14e, Se 4/ (Print) (Title) City's Standard Agreement - June 200E revision Exhibit A MAYER HOFFMAN McCANN P.C. OUR HOURLY RATES AND MAXIMUM FEE TO PERFORM THE 2010 AUDIT ENGAGEMENT The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and related services for the Community Development Commission of the City of National City for the fiscal year ended June 30, 2011. 1. Financial and Compliance Audit of the CDC including Kimball Towers $8,000 2. Separate HUD Required A-133 Single Audit of Morgan Towers 7,500 3. Commission A-133 Single Audit of Federal Grants allocable to Housing Choice 4,500 4. REAC electronic Submission to HUD and related attestations 1,250 $21 250 The hourly rates in effect for services that may be requested outside of the scope of the engagement for the fiscal year ended June 30, 2011 are as follows: Classification Shareholder $195 Engagement Manager 175 Senior Associates 135 Associates 115 The period of performance will be from May 1, 2011 through March 31, 2012. ITEM #23 5/15/12 CLOSED SESSION REPORT (CITY ATTORNEY)