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2012 07-17 CC HA AGENDA PKT
Agenda Of A Regular Meeting — National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Regular Meeting — Tuesday — July 17, 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 interpretacibn en espanol se proporciona durance sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasitlo 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 07/17/12 - Page 2 CITY COUNCIL PRESENTATIONS 1. Employee of the Month of July 2012, Jim White — Corporal — Police Department 2. SDG&E Presentation - Summer Preparedness 3. Presentation and Report to the City Council of the City of National City reviewing the efforts to improve living conditions in the Westside/Old Town neighborhood and an update on the ranking process for non -conforming commercial and industrial uses to be considered for amortization. (Community Development) 4. Introduction of Miss National City 2012 Lizeth Olivas, Miss National City Princess 2012 Nallely Aceves and Princess Alyssa Romero. INTERVIEWS/APPOINTMENTS 5. Interviews and Appointments: Civil Service Commission, Community & Police Relations Commission (CPRC) and Planning Commission. (City Clerk) 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. 6. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City of July 3, 2012 and the Regular meeting of the National City City Council/Successor Agency to the Community Development Commission as the National City Redevelopment Agency of March 6, 2012. (City Clerk) National City City Council /Community Development Commission/Housing Authority 07/17/12 - Page 3 CONSENT CALENDAR (cont.) 7. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 8. Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the 4th Street Community Corridor Project in the amount of $450,000, committing to a local match of $350,000 for a total project cost of $800,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from BTA grant). (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the D Avenue Community Corridor Project in the amount of $600,000, committing to a local match of $500,000 for a total project cost of $1,100,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from SR2S grant). (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the 18th Street Community Corridor Project in the amount of $700,000, committing to a local match of $300,000 for a total project cost of $1,000,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from Coolidge Ave. CIP). (Development Services/Engineering) National City City Council /Community Development Commission/Housing Authority 07/17/12 - Page 4 CONSENT CALENDAR (cont.) 11. Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the National City Bicycle Parking Enhancements Project in the amount of $50,000, committing to a local match of $10,000 for a total project cost of $60,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from Gas Tax). (Development Services/Engineering) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement to extend the Agreement for one-year between the City and EsGil Corporation in the not to exceed amount of $245,000 to provide plan checking, building inspections and other related development services on an as -needed basis. (Development Services/Building) 13. Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process, and award the purchase of one 2011 Ford Crown Victoria police sedan to Wondries Fleet Group in Alhambra, CA in the amount of $26,115.19. (Police) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Grossman Psychological Associates, APC, in the not -to -exceed amount of $49,500 to provide Pre -Placement Evaluations, Pre -Employment Exams, an Officer Assistance Program, Critical Incident Debriefing and Fitness for Duty Evaluations for the Police Department for the term of one year. (Police) 15. Resolution of the City Council of the City of National City reducing the property tax rate for bonded indebtedness for Fiscal Year 2012-2013 from 1.37 cents per $100 of assessed valuation to 1.32. (Finance) 16. WARRANT REGISTER #51 Warrant Register #51 for the period of 06/13/12 through 06/19/12 in the amount of $472,723.91. (Finance) National City City Council /Community Development Commission/Housing Authority 07/17/12 - Page 5 CONSENT CALENDAR (cont.) 17. WARRANT REGISTER #52 Warrant Register #52 for the period of 06/20/12 through 06/26/12 in the amount of $1,481,888.13. (Finance) 18. Temporary Use Permit — National Night Out on August 7, 2012 from 5:00 pm to 8:00 pm at Las Palmas Pool. This is a National City sponsored event per City Council Policy #804. (Neighborhood Services Division) PUBLIC HEARINGS 19. Public Hearing to consider the report required by California Health and Safety Code Section 5473, Et Seq. pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Director of Public Works to certify with the San Diego County Auditor the "Sewer Service Charge Fund." Sewer service fees have not increased since 2006 and will not increase for FY 2012-13. (Public Works) **Companion Item #23** 20. Public Hearing to consider adoption of an Interim Ordinance of the City Council of the City of National City pursuant to Government Code Section 65858 as an urgency measure to take effect immediately, extending for one year a moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City. (City Attorney) **Companion Item #21 ** URGENCY ORDINANCE 21. An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, extending for one year a Moratorium prohibiting new pawnbroker, secondhand and precious metal dealing and establishments in National City. (City Attorney) **Companion Item #20** National City City Council /Community Development Commission/Housing Authority 07/17/12 - Page 6 ORDINANCE FOR ADOPTION 22. An Ordinance of the City Council of the City of National City amending Title 13 of the National City Municipal Code by adding Chapter 13.28 pertaining to proprietary use of and placement of signs on City property. (City Attorney) NON CONSENT RESOLUTION 23. Resolution of the City Council of the City of National City adopting the report required by Health & Safety Code Section 5473 et seq pertaining to the collection of sewer charges on the tax roll directing the City Clerk to file said report with the San Diego County Auditor and directing the Director of Public Works to certify the "Sewer Service Charge Fund" with the San Diego County Auditor. (Public Works) **Companion Item #19** NEW BUSINESS 24. Report to the City Council on Community Youth Athletic Center's (CYAC's) request for changes to Amortization Ordinance. (City Attorney) 25. Request for City Council Member Appointment(s) to City of National City Nutrition Center Sustainability Ad Hoc Committee. (City Manager) COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (NO AGENDA ITEMS) STAFF REPORTS 26. Closed Session Report. (City Attorney) National City City Council /Community Development Commission/Housing Authority 07/17/12 - Page 7 MAYOR AND CITY COUNCIL 27. City Council requesting status report on the proposed City picnic. (Council initiated) ADJOURNMENT Adjourned Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — August 7, 2012 — 5:00 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.aov ITEM if 1 + CALIFORNIA + 7/17/12 NitiT.IONAL airy Cam_ ae tt INCORPORATED J1 MEMORANDUM July 3, 2012 TO Leslie Deese, Cit Manager FROM Stacey Stevens , uman Resources Director SUBJECT EMPLOYE THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in July 2012 is Jim White — Corporal By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, July 17, 2012 to be recognized for his achievement and service. Attachment cc: Jim White Adolfo Gonzales — Chief Keith Fifield — Lieutenant Josie Flores -Clark — Executive Assistant Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 126 Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: July 3, 2012 TO: City of National City FROM: Keith Fifield, Lieutenant SUBJECT: Police Department Employee of the Month Corporal Jim White — National City Police Department In 2008, The National City Police Department applied for and was awarded the Children Exposed to Domestic Violence (CEDV) Special Response grant offered by the California Emergency Management Agency (Cal EMA), formerly the Office of Emergency Services (OES), through Children's Justice Act funds. Initially the grant was approved for three years and is currently operating under extended funding for a fourth year. Total funding so far has totaled $700,000. The program was developed to enhance or create specialized units to identify and immediately respond to the needs of Children Exposed to Domestic Violence. The National City Police Department partnered with South Bay Community Services (SBCS) and San Diego County Welfare Services (CWS) to create a multi -disciplinary team that would respond to DV incidents involving children in National City. The National City Police Department selected Corporal Jim White as the CEDV Officer. As the CEDV Officer over the last four years, Corporal White has performed above and beyond expectations. Cpl. White coordinated all investigations, follow-up and training related to the CEDV program. Cpl. White was instrumental in achieving all of the mandated operational objectives of the grant, which included that all children at DV incidents receive immediate on -site response services by the multi -disciplinary team of CWS workers, SBCS advocates and law enforcement officers, and that the children and their families received well coordinated and essential follow-up assistance. Because of Corporal White's dedication and commitment, the CEDV program has enhanced the way police officers conduct their initial investigations and emphasized that children are also victims of domestic violence within the family. Cpl. White worked closely with child victims to assist them through the criminal justice system so that they and their families could make the transition from violence to safety. To date, over 400 children in National City have received direct response and assistance from the CEDV program. Cpl. White's outstanding performance leading the CEDV response team has been the key to achieving and exceeding the program objectives and making the children of National City safer. ITEM #2 7/17/12 SDG&E PRESENTATION - SUMMER PREPAREDNESS CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 3 ITEM TITLE: A Presentation and Report to the City Council of the City of National City reviewing the efforts to improve living conditions in the Westside/Old Town neighborhood and an update on the ranking process for non -conforming commercial and industrial uses to be considered for amortization. (Community Development) PREPARED BY: Brad Raulston, Ext 4256 DEPARTMENT: APPROVED BY: EXPLANATION: 'In August, 2006 the City Council adopted an amortization ordinance, establishing criteria by which non- conforming commercial and industrial uses in the City could be terminated by amortization. The Background Report attached highlights steps taken to develop an approach to the amortization ranking process. Also attached is the full report prepared by Partnership for Sustainable Communities through a grant from the EPA. On July 21, 2011 the City hosted a town hall meeting to review the history and ranking process. Tonight's report is provided as a review of past information. A special meeting is scheduled for July 24, 2012 to publish the ranking of non -conforming uses in the Westside Specific Plan area and for staff to provide a recommendation for commencing amortization. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Nut applicable, ORDINANCE: INTRODUCTION: APPROVED: Finance FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file. Provide further direction to staff for July 24, 2012 special meeting. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Partnership for Sustainable Communities Final Report 3. Town Hall Hand Out #1 4. Town Hall Hand Out #2 ATTACHMENT 1 BACKGROUND REPORT Amortization Overview: "Amortization" is a process established by ordinance in 2006 by which a legal nonconforming use must be discontinued after a period of time sufficient to allow the business to recover their investment. Uniform, objective criteria are applied to each separate land use and property and then an amortization schedule is individually prepared in consultation with the owner/operator of said land use. There is no financial compensation from the City for amortization of a land use however the amount of investment in a land use is a key consideration in setting the schedule. The intent is to achieve compliance with the approved zoning for sites while allowing business investments to achieve a reasonable rate of return. Amortization Ranking: Amortization Ranking does not establish a schedule for amortization. Rather, ranking places businesses in an order by an objective, uniform weighting of criteria approved for the process. The City's proposed ranking process numbers 100 — highest to 1 lowest. However, if a business is ranked #100 as a result of ranking, that does not indicate that business will have the shortest amortization schedule. Nor does being ranked #1 mean a business would have the longest. As stated above, an amortization schedule is individually tailored for each business and property. This individual schedule would be created after the businesses are ranked based on criteria. Staff proposes to work with two to three businesses for the initial amortization. The attached report describes the criteria that are used for ranking, the weighting of each criterion, and how the ranking is determined. The criteria themselves are based on City r __ --2286 an" staff input. Weighting for the criteria and direction for the decision making process using the criteria were considered in Tight of staff input, stakeholder interviews conducted on September 27 and 28, 2010, were reviewed in individual briefings with the Mayor and Council Members on January 25, 2011, and reviewed and discussed with representatives of the business community on January 26, 2011. Community stakeholders interviewed in September, 2010 included: Environmental Health Coalition staff and volunteers, resident and business owner Robert "Dukie" Valderrama, resident Ted Godshalk, CDC Executive Director Brad Raulston, St. Anthony's parish/San Diego Organizing Project representatives, Westside Infill Transit Oriented Development developers, and Sonia Ruan, Principal of Kimball Elementary School. These interviews assisted staff and the contractors to understand the relative weights for criteria in the process. Business stakeholders participating in an interactive presentation and discussion at the Chamber of Commerce in January, 2011 included Jacqueline Reynoso — Chamber of Commerce, J.D. Beauchamp — ABB Management, Dante Aguilar — Dante's Modular Performance, Dixon Le Gros — Westflex, and Dan Greenwald — Greenwald's Autobody and Frameworks. During January Mayor and City Council Member briefings, staff were directed to ensure that business representative comments on the process were considered and reported on. Business stakeholder input and its impact on the ranking procedure is addressed on Page 7 and 8 of the Sustainability Partnership report attached. Certain factors and processes within the ranking procedure were revised based on business input. Timeline of Events • 1940s — New zoning allows industrial and manufacturing businesses in residential areas. • August 2004 — Planning consultant hired to prepare the Westside Specific Plan. • February 2005 —Community provides input on issues and opportunities at Workshop #1. • August 2005 - Community provides input on draft vision and guiding principles at Workshop #2. • March 2006 — Community provides inputs on height limits and land uses at Workshop #3. • August 2006 — City Council adopts amortization ordinance. • September 2006 — At request of residents, City adjusts project boundary and autio.esWorkshop #4_ • June 2007 — Economic consultant hired to study implementation and feasibility. • August 2007 — Planning consultant completes draft specific plan. • October 2007 — Consultants present draft plan and economic study at Workshop #4. Council directs staff to work closely with businesses. • 2008 — Code Compliance Committee helps define acceptable substitution for nonconforming uses (criteria for businesses that would be acceptable to remain as good neighbors). • December 2008 — Code Compliance Committee identifies key business impacts: Air pollution, hazardous materials, parking, outside storage, noise, and security • November 2009 — Draft Westside Specific Plan and Environmental Impact Report released to public. • February 2010 — Sustainability Pilot Grant awarded by EPA for Westside Specific Plan implementation. • March 2010 — Westside Specific Plan adopted by Council and new zoning and land use become effective in August. • September 2010 — Community interviews conducted by EPA team on ranking criteria and implementation. • January -April 2011 — EPA and staff present criteria factors to community and receive input. • May 2011 — Council adopts criteria factors and process for ranking nonconforming uses for amortization. • July 21, 2011 — Council holds informational town hall meeting on nonconforming land uses and amortization. Recent community outreach: Based on City Council direction received on April 19, 2011, additional discussions requested by the Environmental Health Coalition ("EHC") were held including: • April 21 — meeting between City staff and EHC staff • April 21 — presentation and discussion at the Old Town Neighborhood Council • April 27 — meeting/conference call with EPA consultants, City staff and EHC staff • May 2—conferen.ce call with -City staff and EHC staff No changes to the published criteria and weightings were made as a result of these discussions; the report presented for consideration is identical to that revised per the business stakeholder discussion in January 2011 and posted to the City's website on April 17, 2011. However, it has been clarified that air emissions violations are entered into the spreadsheet that calculates the rankings in two categories, resulting in a heavier weighting on air quality violations than other types of violations. The category "Compliance Violations" includes all types of health and safety violations within the past five years, which are weighted equally. A mitigating factor for a violation is whether it was corrected. (No violation receives 0 points, corrected violations receive 50 points and uncorrected violations receive 100 points.) Air emission violations would be entered into the Compliance Violations category and also into the "Discharge Violations" category. Discharge Violations include air emissions violations and storm water run-off violations, weighted equally. It has also been clarified that proximity to Kimball School is weighted as the most significant "sensitive area" for the ranking process, exceeding proximity to homes, community centers or Paradise Creek. EHC staff requested City staff change the way violation data is entered and weighted in the amortization spreadsheet — they opined that more emphasis should be placed on certain types of violations than other types and that the number of violations should be considered. City staff deferred this discussion to the City Council in an open meeting believing that the most transparent approach was to present the criteria and weighting as represented to the business stakeholders and public previously and for any further changes to be made in a public meeting where all interested parties could participate, NATIONAL CITY, CALIFORNIA Recommendations for Ranking Properties with Nonconforming Uses in the Westside Specific Plan Area FINAL REPORT March 2011 Disclaimer This document and the related spreadsheet were prepared for the U.S. Environmental Protection Agency (USEPA) in conjunction with the City of National City, California and are provided as draft final documents. SRA/Vita Nuova has relied upon outside sources for information and data presented in this report and related spreadsheet. Although all best efforts were used to confine information and complete this report and related spreadsheet, no representation or warranties are made as to the timeliness, accuracy or completeness of the information contained herein or that the actual results will conform to any projections or recommendations contained herein. SRA/Vita Nuova holds no responsibility for how the process outlined in this document and related spreadsheet will be implemented on a community -wide or site -specific basis. Any reliance upon this material shall be without any liability or obligation on the part of SRA/Vita Nuova LLC. The ranking process and spreadsheet described in this document are intended for the purpose of ranking properties with nonconforming uses and identifying properties for the development of recommendations on amortization and timing of amortization. The ranking process outlined in this document has been tested by National City to determine if the resulting property ranking is consistent with the expectations of National City. This testing included the evaluation of the impact of each factor and sub -factor and their weights on the overall ranking. The draft final documents reflect the comments and inputs of National City and of business stakeholders consulted in a meeting hosted by the Chamber of Commerce on January 26, 2011. It is recommended that the factors and sub -factors used and the scores and weights assigned to these factors and sub -factors not be changed once the spreadsheet is used to rank properties in order to ensure consistency in the property ranking process. Contents DISCLAIMER 1 National City Partnership for Sustainable Communities Brownfield Pilot Project 1 Study Area 1 Pilot Scope 1 PROPERTY RANKING PROCESS 3 Factors and Sub -Factors 3 Values and Scoring 3 Ranking 4 Weights APPLICATION OF THE PROPERTY RANKING PROCESS 5 9 PROPERTY RANKING FACTORS AND SUB -FACTORS 9 Business Operations Factors 9 Value of Land Factor 9 Value of Improvements Factor 9 Improvement Depreciation Factor 9 Neighborhood Impacts 10 Adaptability Factor 10 Land Size Sub -Factor 10 Building Size Sub -Factor ] 0 Building Type Sub -Factor 10 Building Condition Sub -Factor 11 Building Setbacks Sub -Factor 11 Floor Area Ratio Sub -Factor 11 Height Sub -Factor 11 Parking Sub -Factor 11 Nonconformance Factor 12 Land Size Sub -Factor 12 Building Size Sub -Factor 12 Building Setbacks Sub -Factor 12 Floor Area Ratio Sub -Factor 12 Height Sub -Factor 13 Parking Sub -Factor 13 Business License Sub -Factor 13 Compatibility Factor 13 Proximity to Sensitive Area Sub -Factor 14 Proximity to Residential Parcels Sub -Factor 14 Residential Density Sub -Factor 14 Threats Factor 14 Compliance Violations Sub -Factor 14 Permits Sub -Factor 15 Storage, Handling, Generation, Disposal Pernit Sub -Factor 15 Discharge Violation Sub -Factor 15 Open Storage Sub -Factor 15 Work Area Sub -Factor 16 Security Sub -Factor 16 PROPERTY RANKING SPREADSHEET 17 Partnership for Sustainable Communities EPA Brownfield Pilot e>3 National City, CA Final March 2011 Introduction NATIONAL CITY PARTNERSHIP FOR SUSTAINABLE COMMUNITIES BROWNFIELD PILOT PROJECT Study Area The National City Pilot is located in the Westside neighborhood, a primarily low-income, minority, urban neighborhood, wholly contained within the incorporated limits of National City, California. National City has a population of approximately 61,000 and is located five miles south of San Diego. Over the past 50 years, the Westside neighborhood has evolved from a primarily residential neighborhood to include a significant number of industrial uses, mainly auto body -related, in and around homes and an elementary school. Pilot Scope Over the past few years, the Westside neighborhood has started to address the numerous heavy industrial uses, mostly auto -related, that exist throughout the neighborhood. With approximately 389 polluters per square mile, this technical assistance project is focused on providing recommendations for redeveloping and revitalizing the Westside TOD Project site and Westside neighborhood to build upon the City and community's redevelopment efforts already in progress, such as auto -related business design guidelines and revised zoning. This Pilot also includes technical assistance on: 1) sustainable remediation; 2) redevelopment options for the City -owned open space site; and 3) habitat restoration for Paradise Creek. This assistance was delivered as a separate recommendations report in January 2011. National City, CA has recently revised its zoning code to incorporate the Westside Specific Land Use Plan. The revised zoning resulted in a number of properties in the Westside area where the current land use does not conform to the revised zoning. Under the National City Land Use Code Section 18.108.230 - Affinnative Termination by Amortization, the city council "may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the planning commission." The Land Use Code requires the consideration of the following eight criteria when making a recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate the nonconforming use: 1. The total cost of land and improvements; 2. The length of time the use has existed; 3. Adaptability of the land and improvements to a currently pernitted use; 4. The cost of moving and reestablishing the use elsewhere; 5. Whether the use is significantly nonconforming; 6. Compatibility with the existing land use patterns and densities of the surrounding neighborhood; 7. The possible threat to public health, safety or welfare; and 8. Any other relevant factors. The process for making a recommendation regarding a nonconforming use is a multi -step process that involves first identifying properties with nonconforming uses, ranking these properties based on a consistent set of criteria, and then developing an amortization recommendation for each property in the order of its ranking. Within the context of this multi -step decision making process, this report develops an approach for ranking these properties that incorporates factors consistent with the criteria outlined in the Affirmative Termination by Amortization ordinance and provides a simple, reproducible process that can be easily understood by business owners and other stakeholders. Partnership for Sustainable Communities IPA Brownfield Pilot c National City, CA Pinal March 201 1 The ranking process is designed to rank multiple nonconforming properties with similar nonconfonning uses in relationship to one another. It is not intended to provide a method to calculate a score for an individual property, independent of other properties. The ranking process is not intended to be used as a means of determining whether a property contains a nonconforming use, but rather as a means of prioritizing those properties that have otherwise been determined to contain nonconforming uses. Further, the ranking process is not intended to be used for the purpose of determining whether to terminate a land use or to develop the amount of time in which to terminate a nonconforming use. These decisions will be made in accordance with the requirements of the National City Land Use Code Section 18.108.230 - Affirmative "Termination by Amortization. Partnership tor Sustainable Communities EPA Brownfield Pilot c,3 National City, CA Final March 2011 Property Ranking Process A deterministic approach using an additive value model was selected as the primary mechanism for the development of the ranking process. The additive value model has been characterized by Belton and Stewart (2002)' as a method that has an acceptable level of sophistication to deal with the complexities of multiple factor decision problems, but is straightforward enough for a diverse group of stakeholders. It is a method that combines scores on individual factors with weights for each factor to estimate an overall score. FACTORS AND SUB -FACTORS Factors are quantitative (e.g., S/sq ft) or qualitative (e.g., Yes or No) information that influence the ranking. For example, when comparing several cars to purchase, the price, body style, color, options, and fuel mileage may be the factors that are most important to you in selecting the car that best meets your needs (or ranks the highest). In some cases, it is necessary to break a factor into several sub -factors to incorporate multiple sets of information necessary to assign a score to a factor. For example, the sound system, interior style, interior color, engine size, and transmission type may be important sub -factors when evaluating the available options for each car. The value you assign may be a specific value that bests represents the factor or sub -factor. For example, the value for color may be blue, while the value for fuel mileage may be 35 miles per gallon. VALUES AND SCORING Scores are assigned to each group, factor, and sub -factor based on a quantitative or qualitative value that represents the outcome of a sub -factor or a factor where no sub -factors have been identified. A discussion of the method for assigning values to each factor or sub -factor is provided in the section of this report titled Property Ranking Factors and Sub -Factors. These values are then normalized to a common scale, such as 0 to 100, in order to assign a score that has a common basis for comparison for all groups, factors, and sub -factors. The score may be based on the range of values assigned to a factor or sub -factor, or it may be based on a potential range of values independent of the actual factor or sub -factor value. The scoring process should be viewed as a relative ranking process, so that outcomes that would result in a higher ranking are given higher scores and outcomes that would result in a lower ranking are given lower scores for any particular factor or sub - factor. For example, if blue is the only acceptable color, using a scale of 0 to 100, where 100 is the most desirable outcome for the color factor, cars that are the color blue would be assigned a score of 100, while cars of any other color would be assigned a score of 0. If there are other colors that are acceptable, but blue is the most desirable, scores could be assigned based on the order of preference. For example, a score of 100 for blue, 66 for green, 33 for red, and 0 for any other color. This process of normalizing the values allows for the comparison and combination of the scores for factors and sub -factors to develop an overall score. Two common approaches for assigning factor and sub -factor scores are proportional scoring and binned scoring. The proportional score approach is used with the actual values of the factor or sub -factor. The values are scaled to a score between 0 and 100. Where the value representing the preference for the highest ranking (e.g., score = 100) is the maximum value (A,,,„a) and the value representing the preference Belton V. and T.J. Stewart. 2002. Multiple Criteria Decision Analysis: An Integrated Approach. Boston: Kluwer Academic Publishers. Partnership for Sustainable Communities EPA Brownfield Pilot c National City, CA Final March 701 1 for the lowest ranking (e.g., score = 0) is the minimum value (A„;„), the remaining results are assigned scores relative to these two endpoints, where the score (rp(P)) is equal to the difference between the value for a factor (A;) and the minimum value (A,„;,,) divided by the maximum value (A„„n) minus the minimum value (A„,;„). (See Equation la). Where the value representing the preference for the highest ranking (e.g., score = 100) is the minimum value (A„i„) and the value representing the preference for the lowest ranking (e.g., score = 0) is the maximum value (A,„,n), the remaining results are assigned scores relative to these two endpoints, where the score (r;4P)) is equal to the difference between the value for a factor (Ai) and the maximum value (A,„,,n) divided by the maximum value (A„,) minus the minimum value (A,„;„). (See Equation Ib). This is multiplied by 100 to give a value between 0 and 100. (a) where l'r(P) = (P) _ A — A,„i', x 100 A max — A.,,.., (b) (P) = A - A Amen - Amin proportional score for the specific value A; for a property minimum value for the factor or sub -factor for all properties maximum value for the factor or sub -factor for all properties This approach assumes that the increments in values have equivalent increments in score over the entire range of the factor or sub -factor values. The binned score approach is used where a score is assigned based on an assessment of preferences at different value levels for a factor or sub -factor. Bins are defined by a range of values that are assigned the same score the bin score. All values in each specific range are assigned a score based on the bins. Binned scores can be assigned based on a range of values or a descriptive scale. Table lillustrates the binned scoring approach. Table 1: Example scoring bins based on quantitative values Value (Fuel Mileage) Greater than or equal to 40 miles per gallon Score 100 Less than 40 miles per gallon but greater than or equal to 35 miles per gallon 75 Less than 35 miles per gallon but greater than or equal to 30 miles per gallon 50 Less than 30 miles per gallon but greater than or equal to 25 miles per gallon 25 Less than 25 miles per gallon 0 A discussion of the method for assigning a score to each factor or sub -factor is provided in the section of this report titled Property Ranking Factors and Sub -Factors. RANKING In a general sense, the overall score for purposes of ranking (V(P)) is equal to the sum of the score for each factor (v;(P)) times the weight (w,) for that factor. Equation 2 provides the basic additive model presented in Belton and Stewart (2002). Partnership tor Sustainable Communities EPA Brownfield Pilot 03 National City, CA Final March 2011 (P) (2) For the implementation of the ranking process, a common scale is used with a convention that sets the score that indicates the greater preference. For example, a common scale of 0 to 100 can be used with the higher scores representing the greater preference. For each factor that is used in the ranking, the specific direction of the scale is determined. The ranking is based on an overall score which is the combination of the scores for each group, factor, and sub -factor and their respective weights. Using Equation 2, the score for each factor is equal to the sum of the product of the score times the weight for each sub -factor of that factor, the score for each group is equal to the sum of the product of the score times the weight for each factor associated with that group. The overall score is then the sum of the product of the score times the weight for each group, as shown in Equation 3. I (P)= ia;,1n �ta't'(P) R /=I ,=1 WEIGHTS (3) In many cases, not all of the factors (or sub -factors) will be of equal importance. For example, the price of the car may be more important than the color. This will result in the selection of a car that meets the price range, but may not be the primary choice of color. To address this potential variability in the importance or contribution of a factor or sub -factor, a weight or importance is assigned to each factor or sub -factor. A sub -factor weight is based on its importance to the factor, a factor weight is based on its importance to the group, and a group weight is based on its importance to the overall ranking. Equal weights would indicate that all factors or sub -factors are of equal importance. The weights represent the importance of each factor or sub -factor relative to one another. Weights for a group of factors or sub -factors must add to 1. There are a number of approaches that can be used for developing weights for the ranking process. The simplest approach is to assign the weights equally based on the number (n) of groups, factors, or sub - factors where the weight (w;) for each group, factor, or sub -factor is equal to one divided by the number (n) of groups, factors, or sub -factors for a factor, as shown in Equation 4. 1 1a•= 11 (4) The weights can also be assigned based on input from stakeholders and general knowledge of the importance of each group, factor, or sub -factor in the ranking process. The assignment of weights in this manner may require trial and error to evaluate the impact of the variable weights on the contribution of a group, factor, or sub -factor to the ranking process. Another approach suggested by Belton and Stewart (2002) to assign weights is to assign the weight (w;) for each group, factor, or sub -factor based on the number (n) of groups, factors, or sub -factors included and the order of importance (k) of a group, factor, or sub -factor as shown in Equation 5. 1'1 w,. =—±— �tR_;a (5) This last approach for weighting requires an evaluation of the groups, factors, or sub -factors for a factor to rank the groups, factors, or sub -factors based on their order of importance in the overall ranking process. Partnership for Sustainable Communities EPA 13row'niield Pilot ea3 National City, CA Final March 2011 Application of the Property Ranking Process To implement the property ranking process in National City, factors that were potentially important to prioritizing nonconforming uses were initially identified based on the eight criteria outlined in the amortization requirements, the revised zoning requirements for the Westside Specific Planning Area, and conversations with representatives of the City. These factors were divided into two groups: 1) business operations and 2) neighborhood impacts. Six of the eight amortization criteria were identified as potential factors to be included in the ranking process and were divided among the two groups. For each factor identified, one or more sub -factors were identified to better define the factors. Factors related to the cost of moving and reestablishing the use elsewhere were not used because information needed to assign values to this factor was determined to be very site specific and more appropriately addressed as part of the amortization decision process. Quantitative or qualitative values and scoring approaches were identified for each sub -factor or a factor where no sub -factors had been identified (See Property Ranking Factors and Sub -Factors). A common scale of 0 to 100 was used, with higher scores indicating a greater preference for addressing a property with a non -conforming use. A Microsoft Excel® spreadsheet was developed to calculate the ranking scores and document the ranking process. The initial weights were set to equal weighting for each group, factor, and sub -factor as described in Equation 4. Figure 1 shows the initial grouping, factors, and sub - factors selected for the ranking process and their weights. Figure 1: Initial groups, factors, sub -factors, and weights Groups Rank Rank Factors Sub -factors Rank Rank 50% SO% •+r Proxlmitvto sensitive area Proximity to residential parcel Residential density Business license Ouilding setbacks Parking Building size Fluor area ratio Budding height improvement value Building depreciation Land value 14% 14% Id% Comp lance vioions openstorage Security Hazardouswaste storage Discharge violation Wor area land size BuildBrgco 1 in im SUP """"""IMbratea1 12.S% 12.S% 12.5% 12.5% 12.5% 12.5% 12.5% 12,5% 6 Partnership tor Sustainable Connntinirii. 61'A Brownfield Pilot e>2 National City, CA Final March 2011 The initial version of the spreadsheet was provided to National City for review and testing. The testing evaluated the impact of each factor and sub -factor and the scores and weights for each factor on the overall ranking to determine if the resulting property ranking was consistent with the expectations of National City. Based on the initial testing, it was determined that equal weighting for the groups, factors, and sub -factors was not appropriate. To determine a weighting scheme that would result in rankings that were consistent with the expectations of National City, the City was asked to place each grouping of factors and sub -factors in order of importance. Revised weights were developed for each group, factor, and sub -factor based on the number of groups, factors, or sub -factors included and the order of importance of factors or sub -factors, for a factor as shown in Equation 5. Figure 2 shows the ordering of the groups, factors, and sub -factors. Figure 2: Revised groups, factors, and sub -factors and order of importance for groups, factors, and sub - factors Groups Factors Sub -factors Rank Rank Rank 2 Proximity to sensitive area Proximity to residential parcel Land sue Business license Buiidingsetbadcs Parking Budding size door area ratio Building height 2 2 3 4 5 Compliance violations Open storage Hazardous waste storage Discharge violation Wort area Land size "ThiU fngtype ----I. dng ��Builnmg condiilion B doing setbacks g sue rroorarea rat o e riding height Rank 2 3 4 5 6 2 3 4 6 7 The spreadsheet was revised to incorporate the updated factor and sub -factor weights and a series of meetings were held with National City Council members, the Mayor, and Vice -Mayor on January 25, 2011. In addition, the Chamber of Commerce hosted a meeting with business stakeholders on January 26, 2011 to present the ranking process and spreadsheet and solicit comments and feedback on the process. Several modifications to the spreadsheet were identified as a result of the meeting with the business stakeholders. The business stakeholders questioned the use of time in business as a factor, noting that there was not clear evidence that a high score should be assigned to a business that was in place on a property for either the longest time or the shortest time. Based on this input, the time a property contained a particular business use was removed as a factor and the business operations grouping was revised to include three Partnership for Sustainable Communities EPA Brownfield Pilot P3 National City, CA Final March 2011 factors (i.c., improvement value, building depreciation, and land value). The business stakeholders also suggested that the factor and sub -factor values that were based on a Ycs or No response be revised so that Yes always resulted in the lowest score (e.g., 0) and No always resulted in the highest score (e.g., 100). Based on this input, the method for assigning a value and a score to several of the sub -factors for the threat factor was revised to make the scoring process consistent with other factors and sub -factors. Figure 3 shows the final groups, factors, and sub -factors and revised weights estimated using Equation 5. Figure 3: Final groupings, factors, and sub -factors and weights Groups Weight Weight Factors Sub -factors Weight Weight 2 15% 40% Proirrnrityto sensitive area Proximityto residentialpariel Residential density Land site Business license Building setbacks Parking Build)ngsire Flow area ratio building height 3% 2% In addition to the above comments, the business stakeholders suggested that a planned redevelopment on a property and whether a business owner leased or owned the property be considered as factors. These comments were discussed in some detail; however, it was determined by National City that these are issues that should be addressed as part of the development of the amortization evaluation and recommendation, rather than as a ranking criteria. A comment was also raised that a property owner may not be aware of non-compliance by a tenant that would result in that property being higher ranked. This higher ranking could result in the property being considered earlier for amortization. While this is true, the inclusion of the threat factor in the ranking process is in recognition that business uses that present potential threats to the neighborhood be addressed earlier. Finally, it was suggested by the business stakeholders that all properties containing nonconforming uses in the Westside area be ranked together rather than addressing nonconforming uses in smaller groupings. The spreadsheet is currently designed to rank up to 50 properties, but could be expanded to include a larger number. 8 Partnership for St] tainahlc CouUnuuiiti( EPA Brownfield Pilot c 3 National Ciry, CA Final March 2011 Property Ranking Factors and Sub -Factors As discussed previously, factors were divided into two groups: 1) business operations and 2) neighborhood impacts. For each factor, one or more sub -factors were identified, where appropriate, to better define the factor. For each sub -factor, a method of assigning a value and a score to the factor or sub -factor for purposes of ranking was identified. The factors and sub -factors identified for each group are described in more detail below. Figure 4 provides a summary of the final values and weights for the factors and sub -factors. BUSINESS OPERATIONS FACTORS The business operations factors include those criteria that are specifically related to the operation of the business: 1. The value of the land; 2. The value of the improvements; and 3. Improvement depreciation. For each of these factors, a method of assigning a value was developed. Value of Land Factor The cost of the land is the current assessed value of the land the business currently occupies and is expressed as the value per square foot of land. Lower value land will contribute to a higher ranking for the property. The score is developed using the proportional score method where a score of 100 is assigned to the property with the lowest land value and a score of 0 is assigned to the property with the highest land value. Value of Improvements Factor The cost of improvements is the current assessed value for improvements on the property the business currently uses and is expressed as the value per square foot of building used by the business. In multiple story buildings, the total floor space of the building used by the business is included. For purposes of assigning a score to this factor, it is assumed that lower improvements will result in a higher score. Lower valued improvements will contribute to a higher ranking for the property. The score is developed using the proportional score method where a score of 100 is assigned to the property with the lowest value improvements and a score of 0 is assigned to the property with the highest value improvements. Improvement Depreciation Factor The amount of time a business may have had to recuperate investments in improvements can be represented by the relationship between the time since the last major investment in improvements and the typical depreciation time for these types of improvements. This can be expressed as the ratio of the number of years since the investment was made to the number of years typically used to depreciate the improvement. Current tax law allows depreciation of improvements on non-residential properties by equal amounts annually over 39 years for improvements in service on or after May 13, 1993 or 31.5 years for improvements in service before May 13, 1993. A larger ratio will contribute to a higher ranking. The score is developed using the proportional score method where a score of 100 is assigned to the property with the largest ratio and a score of 0 is assigned to the property with the smallest ratio. Partnership for Sustainable Communities EPA Brownfield Pilot (-A National City, CA Final March 201 1 NEIGHBORHOOD IMPACTS The second group includes those criteria that are generally related to the surrounding neighborhood: I. Adaptability of the land and improvements to a currently permitted use; 2. Whether the use is significantly nonconforming; 3. Compatibility with the existing land use patterns and densities of the surrounding neighborhood; and 4. The possible threat to public health, safety, or welfare. For each of these factors, sub -factors were identified, where appropriate, and a method to assign a value to each sub -factor was developed. Adaptability Factor This factor measures the ability for the existing land and improvements to be utilized for a new use permitted under the revised zoning. This factor is based on information about the size of the land, size, type, and condition of improvements, and the requirements under the current zoning for highest and best use. Land Size Sub -Factor The zoning requirements have minimum lot sizes. A Yes or No is provided in answer to the question of whether the size of the land meets the minimum requirements for uses under the revised zoning. Lot sizes less than the minimum lot size will be limited in their use under the revised zoning and will contribute to a higher ranking. The land size sub -factor is assigned a value and score as follows: 1. Yes - The size of the land meets the minimum requirements for uses under the revised zoning (Score = 0). 2. No - The size of the land does not meet the minimum requirements for uses under the revised zoning (Score = 100). Building Size Sub -Factor The zoning requirements have minimum building sizes. A Yes or No is provided in answer to the question of whether the size of the building meets the minimum requirements for uses under the revised zoning. Buildings that do not meet the minimum building size will contribute to a higher ranking. The building size sub -factor is assigned a value and score as follows: 1. Yes - The size of the building meets the minimum requirements for uses under the revised zoning (Score = 0). 2. No - The size of the building does not meet the minimum requirements for uses under the revised zoning (Score = 100). Building Type Sub•Factor The type of building can provide an indication of the building's reuse under the revised zoning. A Yes or No is provided in answer to the question of whether the building type is usable under the revised zoning. Buildings that cannot be used under the revised zoning will contribute to a higher ranking. The building type sub -factor is assigned a value and score as follows: 1. Yes - The building type is usable under the revised zoning (Score = 0). 2. No - The building type is not usable under the revised zoning (Score = 100). 10 Partnership fur Sustainable Communities EPA Brownfield Pilot e-,3 National City, CA Final March 2011 Building Condition Sub -Factor The condition of the building provides an indication of a building's usability. Buildings in poor condition will contribute to a higher ranking. A value and score is assigned as follows: 1. Good condition and useable as is (Score = 0). 2. Useable but needing maintenance (Score — 25). 3. Needing minor rehab before being useable (Score = 50). 4. Needing major rehab before being useable (Score = 75). 5. Dilapidated and unusable (Score — 100). Building Setbacks Sub -Factor The zoning requirements have minimum setbacks. A Yes or No is provided in answer to the question of whether the building meets the setback requirements for uses under the revised zoning. Buildings that do not meet the setback requirements for uses under the revised zoning will contribute to a higher ranking. The building setback sub -factor is assigned a value and score as follows: 1. Yes - The building meets the setback requirements for uses under the revised zoning (Score = 0). 2. No - The building does not meet the setback requirements for uses under the revised zoning (Score = 100). Floor Area Ratio Sub -Factor The zoning requirements have minimum floor area ratio requirements. A Yes or No is provided in answer to the question of whether the building meets the minimum floor area ratio requirements for uses under the revised zoning. Buildings that do not meet the minimum floor area ratio requirements for uses under the revised zoning will contribute to a higher ranking. The floor area ratio sub -factor is assigned a value and score as follows: 1. Yes - The building meets the minimum floor area ratio requirements for uses under the revised zoning (Score = 0). 2. No - The building does not meet the minimum floor area ratio requirements for uses under the revised zoning (Score = 100). Height Sub -Factor The zoning requirements have minimum building height requirements. A Yes or No is provided in answer to the question of whether the building meets the minimum height requirements for uses under the revised zoning. Buildings that do not meet the minimum height requirements for uses under the revised zoning will contribute to a higher ranking. The height sub -factor is assigned a value and score as follows: 1. Yes - The building meets the minimum height requirements for uses under the revised zoning (Score = 0). 2. No - The building does not meet the minimum height requirements for uses under the revised zoning (Score = 100). Parking Sub -Factor The zoning requirements have minimum parking space requirements. A Yes or No is provided in answer to the question of whether there are sufficient parking spaces for uses under the revised zoning. Properties Partnership for Sustainable Communities EPA Brovimiield Pilot cal National Ciry, CA Final March 2011 that do not meet the parking space requirements for uses under the revised zoning will contribute to a higher ranking. The parking sub -factor is assigned a value and score as follows: 1. Yes - There are sufficient parking spaces for uses under the revised zoning (Score = 0). 2. No - There are not sufficient parking spaces for uses under the revised zoning (Score = 100). Nonconformance Factor The significance to which a current operation does not conform to current city, state, and federal regulations can be based on conformance with prior zoning requirements, required business licenses, and compliance violations. Are all required permits in place (environmental, health, fire, etc.)? Has the facility been cited for compliance violations that have not been resolved or cited repeatedly for the same violation? Land Size Sub -Factor The zoning requirements have minimum lot sizes. A Yes or No is provided in answer to the question of whether the size of the land meets the minimum requirements for uses under the prior zoning. Properties that do not meet the minimum land size requirements for uses under the prior zoning will contribute to a higher ranking. The land size sub -factor is assigned a value and score as follows: 1. Yes - The size of the land meets the minimum requirements for uses under the prior zoning (Score = 0). 2. No - The size of the land does not meet the minimum requirements for uses under the prior zoning (Score = 100). Building Size Sub -Factor The zoning requirements have minimum building sizes. A Yes or No is provided in answer to the question of whether the size of the building meets the minimum requirements for uses under the prior zoning. Buildings that do not meet the minimum requirements for uses under the prior zoning will contribute to a higher ranking. The building size sub -factor is assigned a value and score as follows: 1. Yes - The size of the building meets the minimum requirements for uses under the prior zoning (Score 0). 2. No - The size of the building does not meet the minimmn requirements for uses under the prior zoning (Score = 100). Building Setbacks Sub -Factor The zoning requirements have minimum setbacks. A Yes or No is provided in answer to the question of whether the building meets the minimum requirements for setbacks under the prior zoning. Buildings that do not meet the setback requirements for uses under the prior zoning will contribute to a higher ranking. The building setback sub -factor is assigned a value and score as follows: 1. Yes - The building meets the setback requirements for uses under the prior zoning (Score = 0). 2. No - The building does not meet the setback requirements for uses under the prior zoning (Score = 100). Floor Area Ratio Sub -Factor The zoning requirements have minimum floor area ratio requirements. A Yes or No is provided in answer to the question of whether the building meets the minimum floor area ratio requirements for uses under the prior zoning. Buildings that do not meet the minimum floor area ratio requirements for uses under the 12 Partnership for Sustainable Communities EPA Brownfield Pilot O3 National City, CA Final March 2011 prior zoning will contribute to a higher ranking. The floor area ratio sub -factor is assigned a value and score as follows: 1 . Yes - The building meets the minimum floor area ratio requirements for uses under the prior zoning (Score = 0). 2. No - The building does not meet the minimum floor area ratio requirements for uses under the prior zoning (Score = 100). Height Sub -Factor The zoning requirements have minimum building height requirements. A Yes or No is provided in answer to the question of whether the building meets the minimum height requirements for uses under the prior zoning. Buildings that do not meet the minimum height requirements for uses under the prior zoning will contribute to a higher ranking. The height sub -factor is assigned a value and score as follows: 1. Yes - The building meets the minimum height requirements for uses under the prior zoning (Score = 0). 2. No - The building does not meet the minimum height requirements for uses under the prior zoning (Score = 100). Parking Sub -Factor The zoning requirements have minimum parking space requirements. A Yes or No is provided in answer to the question of whether there arc sufficient parking spaces for uses under the prior zoning. Properties that do not have sufficient parking spaces for uses under the prior zoning will contribute to a higher ranking. The parking sub -factor is assigned a value and score as follows: 1 Yes - There are sufficient parking spaces for uses under the prior zoning (Score = 0). 2. No - There are not sufficient parking spaces for uses under the prior zoning (Score = 100). Business License Sub -Factor Each business is required to have a business license. The business license must be renewed on an annual basis. The presence of a business license provides an indication of the conformance with existing city requirements. Failure to obtain or maintain a valid business license will contribute to a higher ranking. There are two considerations for the business license. The first is whether a business license has ever been applied for and the second is whether the license is renewed on an annual basis. A value and score is assigned as follows: 1. A valid license has been issued (Score = 0). 2. A valid license has not been issued for the current year, but was issued in one or more of the last five years (Score = 50). 3. No license has ever been applied for or a valid license has not been issued within the last five years (Score = 100). Compatibility Factor Compatibility with the existing land use patterns and densities of the surrounding neighborhood can be based on the land use surrounding the site (e.g., commercial versus residential) and population density within a defined distance (e.g., 0.25 mile radius) of the property. 13 Partnership for Sustainable Communities EPA Brownfield Pilot cR National City, CA Final March 2011 Proximity to Sensitive Area Sub -Factor The proximity of a business to a sensitive area, such as a school or park, is an indicator of compatibility with the surrounding area. A smaller distance to a sensitive area will contribute to a higher ranking. The proximity to a sensitive area is assigned a value and score as follows: 1. Greater than 1000 feet from the sensitive area (Score = 0). 2. Equal to or less than 1000 feet but greater than 500 feet from the sensitive area (Score = 25). 3. Equal to or less than 500 feet but greater than 250 feet from a sensitive area (Score = 50). 4. Equal to or less than 250 feet but greater than 100 feet from a sensitive area (Score = 75). 5. Equal to or less than 100 feet from a sensitive area (Score = 100). Proximity to Residential Parcels Sub -Factor The proximity of a business to a residential parcel is an indicator of compatibility with the surrounding area. A business is considered adjacent to a residential parcel if it shares a property boundary with the residential parcel. A larger number of adjacent residential parcels will contribute to a higher ranking. The proximity to a residential business is assigned a value and score as follows: 1. No residential parcels adjacent to the business (Score = 0). 2. One residential parcel adjacent to the business (Score = 33). 3. Two residential parcels adjacent to the business (Score = 66). 4. Three or more residential parcels adjacent to the business (Score = 100). Residential Density Sub -Factor The density of residential parcels is an indicator of compatibility within the surrounding area of a business. A larger density of residential parcels will contribute to a higher ranking. A value and score is assigned as follows: 1. No residential parcels with 0.1 mile radius of the business (Score = 0). 2. Equal to or less than 20 residential parcels within 0.1 mile radius of the business (Score = 25). 3. Equal to or less than 40 residential parcels but greater than 20 residential parcels within 0.1 mile radius of the business (Score = 50). 4. Equal to or less than 60 residential parcels but greater than 40 residential parcels within 0.1 mile radius of the business (Score = 75). 5. Greater than 60 residential parcels within 0.1 mile radius of the business (Score = 100). Threats Factor Potential threats to human health, safety, security, and the environment can be based on compliance violations and citations and lack of required permits related to public health and safety. It can also include issues such as outside storage, accessibility to the property, and potential hazards or threats. Compliance Violations Sub -Factor Compliance violations can be an indication of potential public threats. A larger number of notices of violation will contribute to a higher ranking. The issuance of a notice of violation along with the response by the business to the compliance issue is assigned a value and score as follows: 14 Partnership for Sustainable Communities EPA Prownlield Pilot cc1 National City, CA Final March 20I 1 1. No notices of violation issued in last five years (Score = 0). 2. One or more notices of violation issued in the last five years that were satisfactory addressed within the requirements of the notice of violation (Score = 50). 3. One or more notices of violation in the last five years that were not satisfactorily addressed or repeated notices of violation for the same issue (Score = 100). Permits Sub -Factor Permits are required by several county and state regulatory agencies. There are a number of permits that may be required for automotive related facilities, including County of San Diego Department of Environmental Health Unified Program Facility, County of San Diego Air Pollution Control District, State of California Department of Toxic Substance Control, State of California Department of Consumer Affairs. Bureau of Automotive Repair, and California State Board of Equalization. Lack of pennits can be an indication of potential public threats. Properties that do not have some or all of their required pennits contribute to a higher ranking. A Yes or No is provided in answer to the question of whether each permit is in place and current. The presence or absence of required pennits is assigned a value and score as follows: 1. Yes - Permits are in place and current (Score = 0). 2. No - Pen -nits are not in place or in place but not current (Score = 100). Storage, Handling, Generation, Disposal Permit Sub -Factor Facilities that store, handle, generate, or dispose of hazardous substances or hazardous wastes that are used or generated on the property are required to have pennits or are required to register with or notify local, state, or federal agencies. A Yes or No is provided in answer to the statement that no hazardous wastes or hazardous substances are stored, handled, generated, or disposed of on the property. The presence or absence of required storage, handling, generation, disposal pennits, registrations, or notifications is assigned a value and score as follows: 1. Yes - No hazardous wastes or hazardous substances are stored, handled, generated, or disposed of on the property (Score = 0). 2. No - IIazardous wastes or hazardous substances are stored, handled, generated, or disposed of on the property (Score = 100). Discharge Violation Sub -Factor Facilities that have air or liquid discharges of hazardous substances or hazardous wastes are required to comply with the city discharge pernit requirements. The issuance of a notice of violation along with the response by the business to the compliance issue is assigned a value and score as follows: 1. No notices of violation issued in last five years (Score = 0). 2. One or more notices of violation issued in the last five years that were satisfactory addressed within the requirements of the notice of violation (Score = 50). 3. One or more notices of violation in the last five years that were not satisfactorily addressed or repeated notices of violation for the same issue (Score = 100). Open Storage Sub -Factor Open storage of hazardous substances or hazardous materials can present potential public threats. Hazardous substances or waste products that are stored in the open could present a public threat. A Yes or No is provided in answer to the statement that no hazardous substances or waste products are stored in the 15 Partnership for Sustainable Communities EPA Brownfield Pilot c,3 National City, CA Final March 2011 open. The presence or absence of open storage for hazardous substances or waste products is assigned a value and score as follows: 1. Yes - No hazardous substances or waste products are stored in the open (Score = 0). 2. No - Hazardous substances or waste products are stored in the open (Score= 100). Work Area Sub -Factor Work conducted within right-of—ways or otherwise off the property can present a potential public threat. A Yes or No is provided in answer to the question of whether work is conducted on the property and not in the right-of-way (including sidewalks and drive aprons) or off the property. Work conducted in the right-of-way or off the property will contribute to a higher ranking. The presence or absence of work conducted in the right-of-way (including sidewalks and drive aprons) or off the property is assigned a value and score as follows: 1. Yes - Work is conducted in appropriate locations on the property and NOT in the right-of-way (including sidewalks and drive aprons) or off the property (Score = 0). 2. No - Work is conducted in the right-of-way (including sidewalks and drive aprons) or off the property (Score = 100). Security Sub -Factor Lack of security, such as fencing or other means of restricting access to a property, is an indication of potential threats. A Yes or No is provided in answer to the question of whether vehicles or other work materials are stored or worked -on on the property and not in public spaces or hazardous substances, waste products, or other materials are stored in the open accessible to the public. Vehicles or other work materials stored in public spaces or open storage of hazardous substances, waste products, or other materials that are accessible to the public will contribute to a higher ranking. The presence or absence of vehicles or other work materials stored in public spaces or open storage of hazardous substances, waste products, or other materials accessible to the public is assigned a value and score as follows: 1. Yes - Vehicles or other work materials are stored or worked -on on the property and hazardous substances, waste products, or other materials are NOT stored in the open accessible to the public (Score = 0). 2. No - Vehicles or other work materials are stored in public spaces or open storage of hazardous substances, waste products, or other materials is accessible to the public (Score = 100). 16 Partnership for Sustainable Commitniries EPA Brownfield Pilot eel National City, CA Final March 2011 Property Ranking Spreadsheet A Microsoft Excel® 2007 workbook has been developed(PropertyRankingSpreadsheet(2-22-I I.xlsx) to calculate the ranking scores described in the Property Ranking Process section of this document and valuing and scoring approaches outlined in the Property Ranking Factors and Sub -Factors section of this document. The workbook allows the user to enter information on up to fifty properties including the appropriate weights for each group, factor, and sub -factor and appropriate values for each factor and sub - factor. In addition, the user can enter a default score for factors or sub -factors where the value is not available or no response is provided. The scores are calculated based on the user entered values and the scoring approach outlined in the Property Ranking Factors and Sub -Factors section of this document. The user cannot change the scores. All cells within the workbook, with the exception of those cells that require user input, are locked and cannot be changed. There are eight worksheets associated with the workbook. In order to calculate ranking scores for a group of properties, the user must: l . Enter information about the property in the Property Information worksheet. At a minimum, the user must enter the property Assessor Parcel Number (APN) and the business or owner name and property address. The APN and address infonnation must be entered before attempting to enter factor or sub -factor values; otherwise a score will not be calculated. The remaining columns in this worksheet are provided for informational purposes, but are not required to calculate the ranking score. 2. Enter the weights for the business operations and neighborhood impacts groups in the Ranking Score worksheet. These are the only entries that can be changed on this worksheet. Once the factor and sub -factor information has been entered for all of the properties, the business operations, neighborhood impacts, and ranking scores will be displayed on this worksheet. 3. Enter the information for the factors associated with the business operations group in the Business Operations worksheet. The weights for each factor can be adjusted on this worksheet. The weights must add up to 1.000. The sum of the weights is presented above the factor score. A default score of 0 to 100 can also be entered for each factor. if a value is not entered, the default score will be assigned to the property. The following protocol should be followed for the values entered: a. Land value should be entered as the assessed value in dollars b. Lot size should be entered in square feet c. Improvement value should be entered as the assessed value in dollars d. Improvement size should be entered as total useable square feet of building e. Year of improvement should be entered as the year (only) that the last improvement was made, based on the assessor records 4. The neighborhood impacts factors have been divided into four separate worksheets (i.e., Adaptability, Nonconformance, Compatibility, and Threat), one for each factor. The user must select a value from the pull down list for each sub -factor on these worksheets. The pull down list contains the values discussed for each sub -factor in the Neighborhood Impacts section of this document. The weights for each factor or sub -factor can be adjusted on these worksheets. The weights must add up to 1.000. The sum of the weights is presented above the factor score. A default score of 0 to 100 can also be entered for each sub -factor. If a value is not entered, the default score will be assigned to the property. 5. Enter the weights for each factor in the Factors worksheet. The weights must add up to 1.000. The sum of the weights is presented above the factor score. The weights are the only entries that can 17 Partnership for Sustainable Communities EPA Brownfield Pilot cc3 National City, CA Final March 201 1 be made in this worksheet. The results of the scoring for each factor can be viewed on this worksheet. Once all of the worksheets have been updated, the ranking score and the ranking order for each property can be viewed in the Ranking Score worksheet. The Ranking Score worksheet can be copied from this workbook and pasted as values (i.e., Paste Values) only into a new workbook. 18 Partnership for Sustainable Communities EPA Brownfield Pilot cat National City, CA Figure 4: Summary of final factor and sub -factor values, scoring approaches, and weights Groups Neighborhood impacts Business Operations Group Weights 0.6 Factors Compatibility Public threats Nonconformance Adaptability Factor Weight Sub -Factors Proximity to sensitive area 0.52 Proximity to residential parcel Residential density Compliance violations Permits Open storage ......._ ... 0.27- Security Hazardous waste storage Discharge violation Work area Land size Business license Building setbacks 0.15-r Parking ........_.. Building size Floor area ratio ( FAR) Height 0.05 Improvement value 0.61 0.4 Building depreciation 0.28 Land value 0.11 Land size Building type Parking ... _ .... Building condition Building setbacks Building size Floor area ratio (FAR) Height Value Draft Febr iary'_011 Score Type 5-response from Range- 100 to 1000 feet from sensitive area Binned score 4-responses From Range 0 to 3 adjacent residential properties Binned score ..- .._.... re 5-responses from 0 to 69 residential properties within 0.1 mife Binned scare 3-responses from no violations violation resolved, violation not resolved Binned score ........ _.. Yes No Ali permitsobtained and current Binned score Yes/No No hazardous substances stored in open Binned score .,.,._ Yes/No P No materials or wastes accessible to ubhc Binned scare ves/No score No hazardous waste stored, handled or disposed Binned 3-responses from no violations, violation resolved, violation not resolved Binned score Yes/No - Work conducted on roe publicre property rty and not in areas Binned score Yes/No - meet prior zoning minimum land size 3-responses from current license, previous license, no license Yes/No - meet prior zoning requirements Yes/No meet prior zoning requirements Yes/No meet prior zoning minimum building size Ves/No meet prior zoning requirements Yes/No - meet prior zoning requirements Binned score Binned score Binned score Binned score Binned score Binned score Binned score Yes/No meet current zoning minimum land size Binned score Yes/No usable or not usable under current zoning -w-- g Binned score Yes/No - meet current zoning requirements Binned score 5-responses from good, useable, minor work, major work, unuseable Binned score Yes/No meet current zoning requirements Binned score Yes/No- meet current zoning minimum building size ..... _.. ..-............. Binned score Yes/No- meet current zoning requirements _...8re......4 _-_... Sinned score Ves/Np - meet current zoning requirements Binned score Assessed value per square foot of building Years since the investment to building depreciation years Assessed value per square foot of land Proportional score Proportional score Proportional score Sub -Factor Weight 0. 61 0.28 0.11 0.37 0.23 0.16 0.11 0.07 0.04 _.......... 0.02 0.37 0.23 0.16 0.11 0.07 0.04 0.02 0.34 0.22 0.15 0.11 0.08 9.05 0.03 0.112 Groups Weight Weight Factors Sub -factors Weight Weight 60% 52% 27% -15% 6% Public threats Adaptability Improvement value Building depreciation land value Proximity to sensitive area Proximity to residential parcel Residential density Land size Business license Building setbacks Parking Buildingsize Floor area ratio Building height 37%- 23% 16% 11% 7% 4% T% Compliance violations Permits Open storage Security Hazardous waste storage Discharge violation Work area Land size Building type tgarTnng AiiiidTtig cnndiiinri �i►iiitirig setbacks i"iootrea ratio hairding height 37% 23% 16% 11% 7% 4% 2% 34% 22% 15% 11% 8% 5% 3% 2% agLig= Ranking Process Sub Factors - Neighborhood Impacts >. Lot size Building size Building Type D. Building condition -0 Building set back Floor area ratio Building height Parking cu U E O O 0 Lot size Building size Building setbacks Floor area ratio Building height Parking Business license >. Proximity to sensitive area 22 Proximity to residential area CO gResidential density 0 +•+ Compliance tU violations i t Operating permits 1— Hazardous waste storage Discharge violations Open Storage Work in right-of-way Security '� aA ITEM #4 7/17/12 INTRODUCTION OF MISS NATIONAL CITY 2012 LIZETH OLIVAS, MISS NATIONAL CITY PRINCESS 2012 NALLELY ACEVES AND PRINCESS ALYSSA ROMERO. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 5 ITEM TITLE: Interviews and Appointments: Civil Service Commission, Community & Police Relations Commission (CPRC) and Planning Commission PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: DEPARTMENT: City Jerk APPROVED BY: �oR M�C�1A6v OAVVA There is one unexpired term on the Civil Service Commission for a term ending 09-30-12. Three applications have been submitted. The terms of two Planning Commissioners expired on March 31, 2012. The two incumbents (Mr. Alvarado and Mr. Baca) continue to serve and both have indicated a desire to be re -appointed. One additional application has been received. There are two expired terms and one vacancy on the CPRC. The two incumbent CPRC members have indicated a desire to be reappointed. One new application has been submitted. The new applicants and incumbent commissioners are on attached list. All have been invited to be available for interview. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Take action to re -appoint or appoint members BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Summary of vacancies, expired terms and applications CIVIL SERVICE CPRC PLANNING COMMISSION New Applicants: Fred Puhn x Georgia Guarano x Richard Wingfield x x x Incumbents: Al Alvarado George Baca Nancy Estolano Louise Branch x x x x % ITEM #6 7/17/12 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JULY 3, 2012 AND THE REGULAR MEETING OF THE NATIONAL CITY CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY OF MARCH 6, 2012 (CITY CLERK) ITEM #7 City of National City 7/17/12 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalia, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the 4th Street Community Corridor Project in the amount of $450,000, committing to a local match of $350,000 for a total project cost of $800,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from BTA grant) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Local grant match available through Account No. 296-409-500-598-1014. (BTA Grant) —$350,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. "Draft" Grant Agreement 3. Resolution Explanation Staff is requesting authorization to file an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the 4th Street Community Corridor Project in the amount of $450,000, with a local match of $350,000, resulting in a total project cost of $800,000. The local match will be fully funded through a Bicycle Transportation Account (BTA) grant for 4th Street improvements. The project includes installation of bike lanes, signage, traffic calming measures such as bulbouts, ADA upgrades, lighting and landscaping to convert 4th Street into a "Community Corridor", consistent with the City's General Plan Update and recently adopted Bicycle Master Plan. Improvements will extend along 4th Street from Roosevelt Avenue east to Harbison Avenue. Council Resolution authorizing the filing of the grant application, committing associated matching funds, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement, is required upon submittal of the grant application. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE 4TH STREET COMMUNITY CORRIDOR PROJECT IN THE AMOUNT OF $450,000, COMMITTING TO A LOCAL MATCH OF $350,000 FOR A TOTAL PROJECT COST OF $800,000, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND IF AWARDED THE GRANT, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT WHEREAS, $8.8 million of Transportation Development Act/TransNet funding for capital and non -capital active transportation projects is available through San Diego Association of Governments ("SANDAG") to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, the City of National City wishes to receive $450,000 in Active Transportation grant funds for the 4th Street Community Corridor Project; and WHEREAS, the City of National City understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of National City agrees to complete the proposed grant project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the City of National City is authorized to submit an application to SANDAG for Active Transportation Grant Program funding in the amount of $450,000 for the 4th Street Community Corridor Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the 4th Street Community Corridor Project, the City Council commits to providing $350,000 of matching funds and/or in -kind contributions. Matching funds are available in Account No. 296- 409-500-598-1014 (BTA Grant). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to accept the grant funds and execute the grant agreement with SANDAG with no exceptions. BE IT FURTHER RESOLVED that the City Council hereby commits to completing the 4th Street Community Corridor Project. --- Signature Page to Follow --- Resolution NO. 2012 — Page Two PASSED and ADOPTED this 17th day of July, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor FOR INFORMATION ONLY - DO NOT FILL OUT TDA/TRANSNET ACTIVE TRANSPORTATION GRANT PROGRAM FISCAL YEAR 2011 - 2012 GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement") is made this [Day] day of [Month], 2012, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year]. The following recitals are a substantive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNet'/z cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. C. The BPNSP is commonly referred to, herein, as the "Active Transportation" grant program (AT). Active Transportation encompasses bicycle and pedestrian travel and recognizes the comprehensive effort to integrate smart growth place making, access to transit and environmental justice. The SANDAG Board of Directors also approved programming of approximately $[insert new updated amount for the call for project which generated THIS grant award/agreement] million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on [insert new future date when BOD approved action described in this recital] by Resolution Number [insert Reso number]. D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the AT Funding/TDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both AT Funding and TDA funds were eligible funding sources for the AT (AT Funding). F. Grantee successfully applied for AT Funding for the following project: [Insert Project Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule, and budget for the Project is attached as Attachment A. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 21 G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff both the TDA / Extension Ordinance funding amounts and the TDA Claim Number and/or TransNet MPO ID required to complete Recital H, below. Thank you. H. Grantee's Project is funded with [insert dollar values for either or both TDA and Extension Ordinance funding, e.g. $182,000 in TDA funds and $268,000) in Extension Ordinance funds). TDA Claim Number TransNet MPO ID I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementation or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. (See also Notice to Proceed, below at paragraph I in this Section 1.) D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is attached hereto as a section of Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and Transportation Development Act (TDA) Article 3 Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 22 F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and for purposes of compliance with applicable requirements of the Agreement for its Project will be treated as a Grantee. Note to SANDAG Contracts Staff: Please complete Section G. "Maximum Percentage of SANDAG Participation" only if grantee committed matching funds in its grant application. If grantee did not commit matching funds in its application, please delete Section G, and adjust the Section letters, below, accordingly. If grantee did commit matching funds, please delete Paragraph G, and complete Paragraph H, below. After selecting either Paragraph G or H, below, please adjust the remaining Paragraph letters accordingly. Thank you. G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and was evaluated based on its representation that it would provide matching funds for the Project. Grantee agrees to provide _% of the Approved Project Budget as matching funds from resources other than the TransNet or TDA funds. Therefore, the maximum percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is _%, or $, whichever is the lesser of these two amounts. H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and attached to this Agreement as the Approved Project Budget (included in Attachment A). Based on the Approved Project Budget, the maximum amount of BPNSP funding SANDAG will pay to Grantee for amounts invoiced under this Agreement is $_, or _% of the Approved Project Budget, whichever is the lesser of these two amounts. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the scope of work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to Proceed. J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as amended. L. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian Facilities Programs Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 23 Section 2. Project Implementation A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Project Description/Scope of Work attached as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project only after receiving a written Notice to Proceed from SANDAG. 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project, and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule attached hereto as a section of Attachment A and in compliance with SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures")), as amended, attached hereto as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C and SANDAG Board Policy No. 035 as amended. Additionally, if Grantee hires a consultant to carry out professional services, funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. if Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE, (e.g., a construction cost estimate), prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG AT scoring criteria. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS P4 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld from, or refunded to SANDAG from Grantee due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project Justification. See Section 9, paragraph F of this Agreement regarding amendments to the Scope of Work. B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expeditiously. C. Notice Regarding Prevailing Wages SANDAG's AT Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, a recent appellate court case (Asuza Land Partners v. Department of Industrial Relations 191 Cal. App. 4th 1 (2010)), may require that TransNet- funded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 25 3. Required Clauses. The Grantee agrees to use a written document (such as a subagreement, lease, third -party contract or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. 4. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. F. No SANDAG Obligations to Third -Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third -party contractor at any tier. G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by SANDAG Board Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as Attachment B if it anticipates a delay in performance. H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. Anti -Discrimination Laws. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public upon request and will notify SANDAG immediately if a complaint is lodged that relates to the project or program funded by this grant. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 26 Section 3. Ethics A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with BPNSP Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or hersjmmediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 27 accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made by SANDAG's Project Manager consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $__. SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within 30 days of notification to the Grantee that specific amounts are owed to, or withheld by, SANDAG, whether for excess payments of BPNSP Funding, Grantee's failure to comply with the Agreement, SANDAG Board Policy No. 035 (Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered from third -parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrative charges. B. Payment by SANDAG. Grantee is required to submit invoices no more often and no less frequently than quarterly. Invoices must be accompanied by a quarterly report (Attachment D). SANDAG will make payments, or, for TDA-funded projects, authorize the County of San Diego to make payment, for eligible amounts to Grantee within 30 days following receipt of Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement, including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 28 requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent with the Approved Project Budget for the Project. For TDA-funded Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of each month, or the following business day. C. Eligible Costs. The Grantee agrees that Project costs eligible for BPNSP Funding must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs, must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5. Incurred for work performed, only on a reimbursement, not advance basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG, 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice, 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records), and 8. Eligible for BPNSP Funding as part of the AT Program Claim Eligible Costs. 9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to reimbursement of indirect costs, an approved indirect cost allocation plan in accordance with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State, Local, And Indian Tribal Governments, which can be viewed at http://www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either: (1) an approved indirect cost rate from a Federal Cognizant agency (or its designee) or an independent certified accounting firm; or (2) the applicant's proposed method for allocating indirect costs must be submitted in accordance with applicable OMB guidelines and approved by SANDAG. If the Grantee does not have an acceptable approved indirect cost allocation plan, then indirect costs are not eligible for reimbursement. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 29 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 11. In the event the Grantee receives payment from SANDAG, for which reimbursement is later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund the disallowed amount to SANDAG on request, or SANDAG may offset the amount disallowed from any payment due to or to become due to the Grantee under this Agreement. D. TDA Project Eligibility The law specifies that TDA money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. 1. Construction, including related engineering expenses, of bicycle and pedestrian facilities. 2. Maintenance of bicycle trails provided they are closed to motorized traffic. 3. Projects serving the needs of commuting bicyclists, including but not limited to, new paths serving major transportation corridors, secure bicycle parking at employment centers, park -and -ride lots, and transit centers where other funds are not available. 4. A comprehensive bicycle and pedestrian facilities plan (no more than once every five years), with an emphasis on bicycle projects intended to primarily accommodate non - recreational bicycle trips. 5. Up to 20 percent of the cost to restripe Class II bicycle lanes. 6. Up to 5 percent of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of any one person. E. TransNet Project Eligibility TransNet BPNSP Funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian, and neighborhood safety programs, These funds also may be used for programs that help to encourage the use of bicycles/pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs. F. Excluded Costs 1. In determining the amount of BPNSP Funding SANDAG will provide for the Project, SANDAG will exclude: CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 30 a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 3. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. 4. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square -foot cost of the sidewalk. 5. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. 6. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. 7. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project, and/or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 31 nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum Percentage/Amount of SANDAG Participation based on the invoiced amount. Note to SANDAG Contracts Staff: If grantee did not commit matching funds In the grant application, please delete Section H. "Matching Funds" from the agreement, and re -letter following sections accordingly. Thank you. H. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 1. Duty to Obtain Matching Funds The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the TransNet Ordinance Assistance awarded, that will assure payment of the actual cost of each Project activity covered by the Agreement for the Project. The amount of matching funds and percentage(s) of matching funds and/or in -kind contributions Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for the Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. 2. Prompt Payment of Matching The Grantee agrees to provide the minimum proportionate amount of the matching funds upon submittal of reimbursement for each invoice and cumulatively over the life of the project as it incurs Projects costs. If the minimum match is not provided with each invoice submittal or cumulatively over the life of the project, the identical amount to make up the difference may be withheld as retention for each invoice until the minimum match cumulatively over the life of the project is satisfactorily provided. The retention withholding would be released upon the minimum match provided, in accordance with the invoice payment terms as stated in this Agreement. 3. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of TransNet Ordinance Assistance or TDA provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 32 Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 33 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentation of costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. G. Data Collection and Communities Served Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated active transportation data. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 34 Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B. Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with the TransNet Extension Ordinance for TransNet funds. This Project's TDA Claim Number and/or its MPO ID Number is located in both Recital H, above, and on Attachment A.The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final BPNSP Funding payment and liquidates any remaining funds.. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. D. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund BPNSP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment A), and consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per SANDAG Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy NO. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 35 any rights or remedies provided by this Agreement, including SANDAG Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG must agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of SANDAG Board Policy No. 035. F. Amendment of Scope. The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (Included in Attachment A). Any substantive deviation from the Scope of Work must be approved by SANDAG if BPNSP Funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program, SANDAG Board Policy 035 and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 36 SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within 10 days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsideration within 10 working days. The decision of the Executive Director will be in writing. 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. Section 11. Assignment The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement Section 12. Project Manager The Grantee has assigned [INSERT PROJECT MANAGER NAME] as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without notice to SANDAG. Section 13. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not Tess than $1,000,000. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 37 C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better," or 1. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. 2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any Toss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. Indemnification and Duty to Defend A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wages claims against the Project, asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save and hold harmless SANDAG and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 38 of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. Section 15. Relationship of Parties For purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. Section 16. Severability and Integration If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. Section 17. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Christine Eary Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello and shall be effective upon receipt thereof. Contracts Staff: After receiving this original agreement back from the Grantee and before routing the original agreement for final SANDAG "wet" signatures, please confirm with SANDAG Finance and Planning staff that the applicable RTIP has been approved. Thank you. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 39 Section 18. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION CITY OF NATIONAL CITY OF GOVERNMENTS GARY L. GALLEGOS Executive Director [Full Name] [Title] APPROVED AS TO FORM: APPROVED AS TO FORM Associate General Counsel [Full Name] [Title] CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 40 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TDA CLAIM NO. TransNetMPO ID NO. CAPITAL GRANTS FY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 41 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to the following grant programs administered through SANDAG, whether from TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program, Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1,1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 42 following execution of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1,3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 43 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee, 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4, Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 5. Increased Availability of Funding Under this Policy CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 44 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 45 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant application, and • consistency with accepted pedestrian/bicycle facility standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall AT Program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. Planning Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 46 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS CAPITAL GRANTS FY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 47 ACTIVE TRANSPORTATION GRANT PROGRAM QUARTERLY PROGRESS REPORT .,I1 ort ng*Per od 1Du4Date - Jan. 1 - March 31 April 15th April 1 -June 30 July 15th July 1 - Sept. 30 Oct. 15th Oct. 1 - Dec. 31 Jan. 15th Project Title Project Manager Name Agency Address Telephone Contract #: Invoice Date: Invoice #: Invoice Period: (from) (to) Task 1 (Fill in each task from Scope of Work) 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Task 2 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 48 Summary of Progress Task Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Anticipated Completion Date (if not as scheduled)' Task 1 Task 2 Task 3 Action's requested of SANDAG (check appropriate box/es): ❑ No action requested ❑ Amendment to*: El Scope of Work Describe: Justification: ❑ Project Budget Describe: Justification: ❑ Project Schedule Describe: Justification: * For any amendment requested, please describe the amendment and providejustification for why the amendment is needed. For Project Schedule amendment requests, explain: • previous efforts to maintain timely progress, • reasons for the delays and why they were unavoidable, and • demonstrate how the project will meet the proposed revised deadlines if the schedule amendment is approved. it is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it) milestones and grant agreement terms and conditions. Amendment requests are subject to SANDAG approval. Note that any changes from scheduled start and completion dates are subject to approval by SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall behind schedule, and the actions required for schedule adjustments. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 49 Invoice Part 1 of 2 To: From: TDA/TransNet ACTIVE TRANSPORTATION GRANT PROGRAM INVOICE OSWALDO PEREZ Project Name: SANDAG Contract Number: 401 8 Street, Suite 800 San Diego, CA 92101-4231 Name Jurisdiction Address Grant Invoice Number; # Billing Period: FROM Invoice Date: DATE Grant Award: $0.00 Balance Remaining $0.00 TO % of total grant award spent #DIV/O! TASK Previous Balance Current MMIDD/VVVY to MMIDD/YYYY Total Expenses SANDAG Total Match Spent Balance r-«y .� �:.. _ j pr.._ .'.. jigs , -'y ,s .q[iw«:r.:..# Irv' • 1 Prelim Engineering & Design $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 #DIV/0! #DIV/0! #DIV/01 2 30% Review $0.00 $0.00 $0.00 $0.00 $0.00 EDIV/0! #DIV/01 filDNIO! 3 60% Review $0.00 $0.00 $0.00 $0.00 $0.00 f1DIV/01 #DIV/0! #DIV/0! 4 90% Review $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/0! #DIV/0! #DIVI01 5 100% Review $0.00 $0.00 #OIV/0! ftDIVIO! f#DIV/0! 6 Advertise for Construction $0.00 $0.00 #DIV/0! #DIV/0! #DIV/0! 7 Award Contract $0.00 $0.00 #DIV/0! #OIV/0! #OIV/0! 8 Begin construction $0.00 $0.00 #DIV/0! #DIV/0! #DIVl01 9 Construction Task $0.00 $0.00 #DIV/0! #DIV/01 #DIV/0! 10 Construction Task $0.00 $0.00 f)IVl0! #31V/0! #DIV/0! 11 Construction Task $0.00 $0.00 fION/O! #DIV/0! #DIV/0! 12 Construction Task $0.00 $0.00 #DIV/0! #DIV101 #OIV/0! 13 Construction Task $0.00 $0.00 #OIV/0! #0IV/0! #DIV/0! 14 Construction Task $0.00 $0.00 #DIV/0! #DIV/01 #D1Vl01 15 Construction Task $0.00 $0.00 #DIV/0! #OIV/0! #DIVl01 16 Construction Task $000 $0.00 #DIV/01 #OIV/0! #DIVIO! 17 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! #DIV/01 18 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! 19 Construction Task $0.00 $0.00 #DIVl01 #DIVIO! #DIV/0! #01V/0! 20 Construction Task $0.00 $0.00 #OIV/0! #DIV/0! #DIV/0! 21 Construction Task $0.00 $0.00 ffDIV/0! #DIV/0! 22 Construction Task $0.00 $0.00 #DIV/01 #DIV/0! #DIV/01 #DIV/0! 23 Construction Task $0.00 $0.00 #DIV/0! #OIV/0! #DIV/0! 24 Construction Complete $0.00 $0.00 #DIV/01 #DIV/01 #OIV/0! 25 Project Completion/Closeout $0.00 $0.00 SDIV/0! #DIV/0! #DIV/01 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIVI01 #DIV/0! #DIV/01 Total Current Total Amount Due Less 10% Match Expenditures: this Invoice: Retention: % Met to Date: $0.00 #DIV/01 #D!V/of #OIV/0! CAF RANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 50 Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget no r ra lalN"?"� Task 1 Task 2 Task 1 $0.00 $0.00 $0.00 Task 3 Task 2 $0.00 $0.00 $0.00 Task 4 Task 3 $0.00 $0.00 $0.00 Task 4 $0.00 $0.00 $0.00 Task 5 $0.00 Task 6 $0.00 Task 7 $0.00 Task 8 $0.00 Task 9 $0.00 Task 10 $0.00 Task 11 $0.00 Task 12 $0.00 Task 13 $0.00 Task 14 $0.00 Task 15 $0.00 Task 16 $0.00 Task 17 $0.00 Task 18 $0.00 Task 19 $0.00 Task 20 $0.00 Task 21 $0.00 Task 22 $0.00 Task 23 $0.00 Task 24 $0.00 Task 25 $0.00 TOTAL $0.00 $0.00 $0.00 Required Match % #OIV/0I Initial here if project is complete and this Is the FINAL INVOICE CERTIFICATION OF GRANTEE hereby certify that the above costs were Incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature Printed Name and Title Date CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 51 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the D Avenue Community Corridor Project in the amount of $600,000, committing to a local match of $500,000 for total project cost of $1,100,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from SR2S grant) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: APPROVED BY: 7 Development Services -Engineering Division FINANCIAL STATEMENT: APPROVED: "1c__ Finance ACCOUNT NO. APPROVED: MIS Local grant match available through Account No. 323-409-600-598-6175. (SR2S 12th & D Roundabout) -$500,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. "Draft" Grant Agreement 3. Resolution Explanation Staff is requesting authorization to file an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the D Avenue Community Corridor Project in the amount of $600,000, with a local match of $500,000, resulting in a total project cost of $1,100,000. The local match will be fully funded through a Safe Routes to School grant for construction of a roundabout at D Avenue and E. 12th Street. The project includes installation of bike lanes, signage, traffic calming measures such as bulbouts, ADA upgrades, lighting and landscaping to convert D Avenue into a "Community Corridor", consistent with the City's General Plan Update and recently adopted Bicycle Master Plan. Improvements will extend along D Avenue from Division Street south to 30th Street, then west along 30th Street to Hoover Avenue, then south along Hoover Avenue connecting to the Sweetwater River Bike Path. Council Resolution authorizing the filing of the grant application, committing associated matching funds, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement, is required upon submittal of the grant application. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE "D" AVENUE COMMUNITY CORRIDOR PROJECT IN THE AMOUNT OF $600,000, COMMITTING TO A LOCAL MATCH OF $500,000 FORA TOTAL PROJECT COST OF $1,100,000, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND IF AWARDED THE GRANT, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT WHEREAS, $8.8 million of Transportation Development ActlTransNet funding for capital and non -capital active transportation projects is available through San Diego Association of Governments ("SANDAG") to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, the City of National City wishes to receive $600,000 in Active Transportation grant funds for the "D" Avenue Community Corridor Project; and WHEREAS, the City of National City understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of National City agrees to complete the proposed grant project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the City of National City is authorized to submit an application to SANDAG for Active Transportation Grant Program funding in the amount of $600,000 for the "D" Avenue Community Corridor Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the "D" Avenue Community Corridor Project, the City Council commits to providing $500,000 of matching funds and/or in -kind contributions. Matching funds are available in Account No. 323- 409-500-598-6175 (SR25 12th and D Roundabout). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to accept the grant funds and execute the grant agreement with SANDAG with no exceptions. BE IT FURTHER RESOLVED that the City Council hereby commits to completing the "D" Avenue Community Corridor Project. --- Signature Page to Follow --- Resolution NO. 2012 — Page Two PASSED and ADOPTED this 17th day of July, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor FOR INFORMATION ONLY - DO NOT FILL OUT TDA/TRANSNETACTIVE TRANSPORTATION GRANT PROGRAM FISCAL YEAR 2011 - 2012 GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement") is made this [Day] day of [Month], 2012, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year]. The following recitals are a substantive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNetY2 cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. C. The BPNSP is commonly referred to, herein, as the "Active Transportation" grant program (AT). Active Transportation encompasses bicycle and pedestrian travel and recognizes the comprehensive effort to integrate smart growth place making, access to transit and environmental justice. The SANDAG Board of Directors also approved programming of approximately $[insert new updated amount for the call for project which generated THIS grant award/agreement] million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on [insert new future date when BOD approved action described in this recital] by Resolution Number [insert Reso number]. D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the AT Funding/TDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both AT Funding and TDA funds were eligible funding sources for the AT (AT Funding). F. Grantee successfully applied for AT Funding for the following project: [Insert Project Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule, and budget for the Project is attached as Attachment A. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 21 G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff both the TDA / Extension Ordinance funding amounts and the TDA Claim Number and/or TransNet MPO ID required to complete Recital H, below. Thank you. H. Grantee's Project is funded with [insert dollar values for either or both TDA and Extension Ordinance funding, e.g. $182,000 in TDA funds and $268,000) in Extension Ordinance funds]. TDA Claim Number TransNet MPO ID I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementation or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten' hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. (See also Notice to Proceed, below at paragraph I in this Section 1.) D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is attached hereto as a section of Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and Transportation Development Act (TDA) Article 3 Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 22 F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and for purposes of compliance with applicable requirements of the Agreement for its Project will be treated as a Grantee. Note to SANDAG Contracts Staff: Please complete Section G. "Maximum Percentage of SANDAG Participation" only if grantee committed matching funds in its grant application. If grantee did not commit matching funds in its application, please delete Section G, and adjust the Section letters, below, accordingly. If grantee did commit matching funds, please delete Paragraph G, and complete Paragraph H, below. After selecting either Paragraph G or H, below, please adjust the remaining Paragraph letters accordingly. Thank you. G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and was evaluated based on its representation that it would provide matching funds for the Project. Grantee agrees to provide _% of the Approved Project Budget as matching funds from resources other than the TransNet or TDA funds. Therefore, the maximum percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is _%, or $_, whichever is the lesser of these two amounts. H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and attached to this Agreement as the Approved Project Budget (included in Attachment A). Based on the Approved Project Budget, the maximum amount of BPNSP funding SANDAG will pay to Grantee for amounts invoiced under this Agreement is $_ or _% of the Approved Project Budget, whichever is the lesser of these two amounts. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the scope of work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to Proceed. J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as amended. L. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian Facilities Programs Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 23 Section 2. Project Implementation A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Project Description/Scope of Work attached as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project only after receiving a written Notice to Proceed from SANDAG. 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project, and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule attached hereto as a section of Attachment A and in compliance with SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures")), as amended, attached hereto as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C and SANDAG Board Policy No. 035 as amended. Additionally, if Grantee hires a consultant to carry out professional services, funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. if Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE, (e.g., a construction cost estimate), prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG AT scoring criteria. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in Toss of funding. If Grantee knows or should know that substantive changes in the Project Justification CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 24 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld from, or refunded to SANDAG from Grantee due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project Justification. See Section 9, paragraph F of this Agreement regarding amendments to the Scope of Work. B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expeditiously. C. Notice Regarding Prevailing Wages SANDAG's AT Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, a recent appellate court case (Asuza Land Partners v. Department of Industrial Relations 191 Cal. App. 4th 1 [2010]), may require that TransNet- funded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 25 3. Required Clauses. The Grantee agrees to use a written document (such as a subagreement, lease, third -party contract or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. 4. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. F. No SANDAG Obligations to Third -Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third -party contractor at any tier. G. Changes in Project Performance. The Grantee agrees to notify SANDAL immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by SANDAG Board Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as Attachment B if it anticipates a delay in performance. H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. Anti -Discrimination Laws. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public upon request and will notify SANDAG immediately if a complaint is lodged that relates to the project or program funded by this grant. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS P6 Section 3. Ethics A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with BPNSP Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of' Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 27 accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made by SANDAG's Project Manager consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $_ SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within 30 days of notification to the Grantee that specific amounts are owed to, or withheld by, SANDAG, whether for excess payments of BPNSP Funding, Grantee's failure to comply with the Agreement, SANDAG Board Policy No. 035 (Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered from third -parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrative charges. B. Payment by SANDAG. Grantee is required to submit invoices no more often and no Tess frequently than quarterly. Invoices must be accompanied by a quarterly report (Attachment D). SANDAG will make payments, or, for TDA-funded projects, authorize the County of San Diego to make payment, for eligible amounts to Grantee within 30 days following receipt of Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement, including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 28 requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent with the Approved Project Budget for the Project. For TDA-funded Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of each month, or the following business day. C. Eligible Costs. The Grantee agrees that Project costs eligible for BPNSP Funding must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs, must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5. Incurred for work performed, only on a reimbursement, not advance basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG, 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice, 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records), and 8. Eligible for BPNSP Funding as part of the AT Program Claim Eligible Costs. 9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to reimbursement of indirect costs, an approved indirect cost allocation plan in accordance with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State, Local, And Indian Tribal Governments, which can be viewed at http://www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either: (1) an approved indirect cost rate from a Federal Cognizant agency (or its designee) or an independent certified accounting firm; or (2) the applicant's proposed method for allocating indirect costs must be submitted in accordance with applicable OMB guidelines and approved by SANDAG. If the Grantee does not have an acceptable approved indirect cost allocation plan, then indirect costs are not eligible for reimbursement. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 29 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 11. In the event the Grantee receives payment from SANDAG, for which reimbursement is later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund the disallowed amount to SANDAG on request, or SANDAG may offset the amount disallowed from any payment due to or to become due to the Grantee under this Agreement. D. TDA Project Eligibility The law specifies that TDA money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. 1. Construction, including related engineering expenses, of bicycle and pedestrian facilities. 2. Maintenance of bicycle trails provided they are closed to motorized traffic. 3. Projects serving the needs of commuting bicyclists, including but not limited to, new paths serving major transportation corridors, secure bicycle parking at employment centers, park -and -ride Tots, and transit centers where other funds are not available. 4. A comprehensive bicycle and pedestrian facilities plan (no more than once every five years), with an emphasis on bicycle projects intended to primarily accommodate non - recreational bicycle trips. 5. Up to 20 percent of the cost to restripe Class I1 bicycle lanes. 6. Up to 5 percent of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of any one person. E. TransNet Project Eligibility TransNet BPNSP Funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian, and neighborhood safety programs. These funds also may be used for programs that help to encourage the use of bicycles/pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs, F. Excluded Costs 1. In determining the amount of BPNSP Funding SANDAG will provide for the Project, SANDAG will exclude: CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 30 a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 3. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. 4. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square -foot cost of the sidewalk. 5. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. 6. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. 7. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project, and/or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 31 nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum Percentage/Amount of SANDAG Participation based on the invoiced amount. Note to SANDAG Contracts Staff: If grantee did not commit matching funds In the grant application, please delete Section H. "Matching Funds" from the agreement, and re -letter following sections accordingly. Thank you. H. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 1. Duty to Obtain Matching Funds The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the TransNet Ordinance Assistance awarded, that will assure payment of the actual cost of each Project activity covered by the Agreement for the Project. The amount of matching funds and percentage(s) of matching funds and/or in -kind contributions Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for the Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. 2. Prompt Payment of Matching The Grantee agrees to provide the minimum proportionate amount of the matching funds upon submittal of reimbursement for each invoice and cumulatively over the life of the project as it incurs Projects costs. If the minimum match is not provided with each invoice submittal or cumulatively over the life of the project, the identical amount to make up the difference may be withheld as retention for each invoice until the minimum match cumulatively over the life of the project is satisfactorily provided. The retention withholding would be released upon the minimum match provided, in accordance with the invoice payment terms as stated in this Agreement. 3. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of TransNet Ordinance Assistance or TDA provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 32 Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. CAPITAL GRANTS FY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 33 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentation of costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. G. Data Collection and Communities Served Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated active transportation data. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 34 Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B. Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with the TransNet Extension Ordinance for TransNet funds. This Project's TDA Claim Number and/or its MPO ID Number is located in both Recital H, above, and on Attachment A.The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final BPNSP Funding payment and liquidates any remaining funds.. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. D. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund BPNSP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment A), and consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per SANDAG Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy NO. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 35 any rights or remedies provided by this Agreement, including SANDAG Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG must agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of SANDAG Board Policy No. 035. F. Amendment of Scope. The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (Included in Attachment A). Any substantive deviation from the Scope of Work must be approved by SANDAG if BPNSP Funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program, SANDAG Board Policy 035 and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 36 SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within 10 days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsideration within 10 working days. The decision of the Executive Director will be in writing. 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. Section 11. Assignment The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement Section 12. Project Manager The Grantee has assigned [INSERT PROJECT MANAGER NAME] as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without notice to SANDAG. Section 13. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not Tess than $1,000,000. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 37 C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better," or 1. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. 2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any Toss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. Indemnification and Duty to Defend A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wages claims against the Project, asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save and hold harmless SANDAG and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 38 of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. Section 15. Relationship of Parties For purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. Section 16. Severability and Integration If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. Section 17. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Christine Eary Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello and shall be effective upon receipt thereof. Contracts Staff: After receiving this original agreement back from the Grantee and before routing the original agreement for final SANDAG "wet" signatures, please confirm with SANDAG Finance and Planning staff that the applicable RTIP has been approved. Thank you. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 39 Section 18. Signatures The individuals executing this Agreement represent and warrant that they have and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION CITY OF NATIONAL CITY OF GOVERNMENTS GARY L. GALLEGOS [Full Name] Executive Director [Title] the legal capacity the date written APPROVED AS TO FORM: APPROVED AS TO FORM Associate General Counsel [Full Name] [Title] CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 40 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TDA CLAIM NO. TransNet MPO ID NO. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 41 ATTACHMENT B SAIIL.2126gor BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to the following grant programs administered through SANDAG, whether from TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline, 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 42 following execution of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 43 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1,2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 5. Increased Availability of Funding Under this Policy CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 44 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 45 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant application, and • consistency with accepted pedestrian/bicycle facility standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall AT Program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. Planning Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 46 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 47 ACTIVE TRANSPORTATION GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period bue pate Jan. 1 - March 31 April 15th April 1 - June 30 July 15th July 1 - Sept. 30 Oct. 15th Oct. 1 - Dec. 31 Jan. 15th Project Title Project Manager Name Agency Address Telephone Contract #: Invoice Date: Invoice #: Invoice Period: (from) (to) Task 1 (Fill in each task from Scope of Work) 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Task 2 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 48 Summary of Progress Task Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Anticipated Completion Date (if not as scheduled)` Task 1 Task 2 Task 3 Action/s requested of SANDAG (check appropriate boxles): ❑ No action requested ❑ Amendment to*: O Scope of Work Describe: Justification: ❑ Project Budget Describe: Justification: ❑ Project Schedule Describe: Justification: * For any amendment requested, please describe the amendment and providejustification for why the amendment is needed. For Project Schedule amendment requests, explain: • previous efforts to maintain timely progress, • reasons for the delays and why they were unavoidable, and • demonstrate how the project will meet the proposed revised deadlines if the schedule amendment is approved. It is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it) milestones and grant agreement terms and conditions. Amendment requests are subject to SANDAG approval. Note that any changes from scheduled start and completion dates are subject to approval by SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall behind schedule, and the actions required for schedule adjustments. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 49 Invoice Pan 1 of 2 To: From: TDAITransNet ACTIVE TRANSPORTATION GRANT PROGRAM INVOICE OSWALDO PEREZ Project Name: SANDAG Contract Number: 401 B Street, Suite 800 San Diego, CA 92101-4231 Name Jurisdiction Address Grant Invoice Number: # Billing Period: FROM Invoice Date: DATE Grant Award: Balance Remaining $0.00 $0.00 TO % of total grant award spent #011/101 TASK P Previous Balance « Current MM/DD/YYVY to MM/DD/YYYY Total Expenses SANDAG Total Match Spent Galante c^ J . 1 2 Prelim Engineering & Design 30% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80IV/0! T Review 60%Review $0.00 $0.00 0 �.00 $0.00 #DIV/0! #OV/01 #DV/01 IN I+IOlo IOltilml,n'a'e 190% Review $0.00 $0.00 $0.00 $0.00 $0.00 #OIV/01 #DIV/0! #/0! DIV i 100%Review $0.00 $0.00 $0.00 � $0.00 0! #DIV/0! #01V/0! #OIV0! Advertise $0.0000 $0.00 #DIV'� #V/0! #DIV/0! for Construction Award $0_00 $0.00 #OV/O! #0IV/0! #DV/0! Contract Begin $0.00 4DIV/0! #DIV/O! construction 1 $0.00 $0.00 #DV/0! #DIV10! #DV/0! #ON/01 Construction Task Construction 0.00 $0.00 #DIV/0! #DIV/0!/ #DIV/01 #DV/0! Task $0 00 $0.0 #DIV/0! #DIV/0! Construction Task $0.00 $0.00 0 #OIV/0! #DIV/0! DIVI01 Construction Task $000 #DIV/0! &DVl0! 13 Construction Task $0.00 $0.00 #DIV/01 14 Construction Task $0.00 $0.00 #DIV/01 #DIVIO! #DIV/0! 15 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! #DIV/0! #OIV/01 16 Construction Task $0.00 $0.00 #DIV/01 #DIV/0! 17 Construction Task $0.00 $0.00 #IJIV/O! #DIV/0! #DIV/01 18 Construction Task $0.00 $0.00 #DIV/01 #DIV/0! #DIV/0! 19 Construction Task $0.00 $0.00 11DIV/01 #DIV/0! #OIV/0! 20 Construction Task $0.00 $0.00 #DVIO! #DIVlo! #DIV/01 21 Construction Task $0.00 $0.00 #DIV/01 22 Construction Task $0.00 #DIV/0! #DIV/0! #DIV/0! 23 Construction Task $0.00#DIV10! $0.00 #DIV/0! #01V/01 24 Construction Complete $0.00 $0.00 #DIY/01 #DIV10! DIV/0! 25 Project Completion/Closeout $0.00 $0.00 #DIV/0! #01V/0! #DIV/0! #DIV/01 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/0! #DIV/0! #DIV/0! Total Current Total Amount Due Less 10% Match % Expenditures: this Invoice: Retention: Met to Date: #DIV/01 $0.00 #DIV/01 #O1V/O1 #DIV/0! CAPI ?ANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS so Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget D G „ ,:. to l Task 1 Task 2 Task 1 $0.00 $0.00 $0.00 Task 3 Task 2 $0.00 $0.00 $0.00 Task 4 Task 3 $0.00 $0.00 $0.00 Task 4 $0.00 $0.00 $0.00 Task 5 $0.00 Task 6 $0.00 Task 7 $0.00 Task 8 $0.00 Task 9 $0.00 Task 10 $0.00 Task 11 $0.00 Task 12 $0.00 Task 13 $0.00 Task 14 $0.00 Task 15 $0.00 Task 16 $0.00 Task 17 $0.00 Task 18 $0.00 Task 19 $0.00 Task 20 $0.00 Task 21 $0.00 Task 22 $0.00 Task 23 $0.00 Task 24 $0.00 Task 25 $0.00 TOTAL $0.00 $0.00 $0.00 Required Match % ((DIVl0! Initial here If project Is complete and this is the FINAL INVOICE CERTIFICATION OF GRANTEE I hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature Printed Name and Title Date CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 51 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the 18th Street Community Corridor Project in the amount of $700,000, committing to a local match of $300,000 for a total project cost of $1,000,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from Coolidge Ave CIP) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. Local grant Match available -$300,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: DEPARTMENT: Development Services -Engineering Division APPROVED BY: APPROVED: APPROVED: through Account No. 323-409-500-598-6173 (Coolidge FINAL ADOPTION: Finance MIS Ave SRTS) STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. "Draft" Grant Agreement 3. Resolution Explanation Staff is requesting authorization to file an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the 18th Street Community Corridor Project in the amount of $700,000, with a local match of $300,000, resulting in a total project cost of $1,000,000. The local match will be funded through the Coolidge Avenue CIP for improvements in front of Kimball Elementary School. The project includes installation of bike lanes, signage, traffic calming measures such as bulbouts, ADA upgrades, lighting and landscaping to convert 18th Street into a "Community Corridor", consistent with the City's General Plan Update and recently adopted Bicycle Master Plan. Improvements will extend along 18th Street from Wilson Avenue east to Granger Avenue. Council Resolution authorizing the filing of the grant application, committing associated matching funds, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement, is required upon submittal of the grant application. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE 18TH STREET COMMUNITY CORRIDOR PROJECT IN THE AMOUNT OF $700,000, COMMITTING TO A LOCAL MATCH OF $300,000 FOR A TOTAL PROJECT COST OF $1,000,000, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND IF AWARDED THE GRANT, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT WHEREAS, $8.8 million of Transportation Development Act/TransNet funding for capital and non -capital active transportation projects is available through San Diego Association of Governments ("SANDAG") to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, the City of National City wishes to receive $700,000 in Active Transportation grant funds for the 18TH Street Community Corridor Project; and WHEREAS, the City of National City understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of National City agrees to complete the proposed grant project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the City of National City is authorized to submit an application to SANDAG for Active Transportation Grant Program funding in the amount of $700,000 for the 18th Street Community Corridor Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the 18th Street Community Corridor Project, the City Council commits to providing $300,000 of matching funds and/or in -kind contributions. Matching funds are available in Account No. 323- 409-500-598-6173 (Coolidge Avenue SRTS). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to accept the grant funds and execute the grant agreement with SANDAG with no exceptions. BE IT FURTHER RESOLVED that the City Council hereby commits to completing the 18th Street Community Corridor Project. --- Signature Page to Follow --- Resolution NO. 2012 — Page Two PASSED and ADOPTED this 17th day of July, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor FOR INFORMATION ONLY - DO NOT FILL OUT TDA/TRANSNETACTIVE TRANSPORTATION GRANT PROGRAM FISCAL YEAR 2011 - 2012 GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement") is made this [Day] day of [Month], 2012, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year]. The following recitals are a substantive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNet Y cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. C. The BPNSP is commonly referred to, herein, as the "Active Transportation" grant program (AT). Active Transportation encompasses bicycle and pedestrian travel and recognizes the comprehensive effort to integrate smart growth place making, access to transit and environmental justice. The SANDAG Board of Directors also approved programming of approximately $[insert new updated amount for the call for project which generated THIS grant award/agreement] million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on [insert new future date when BOD approved action described in this recital] by Resolution Number [insert Reso number]. D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the AT Funding/TDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both AT Funding and TDA funds were eligible funding sources for the AT (AT Funding). F. Grantee successfully applied for AT Funding for the following project: [Insert Project Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule, and budget for the Project is attached as Attachment A. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 21 G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff both the TDA 1 Extension Ordinance funding amounts and the TDA Claim Number and/or TransNet MPO ID required to complete Recital H, below. Thank you. H. Grantee's Project is funded with [insert dollar values for either or both TDA and Extension Ordinance funding, e.g. $182,000 in TDA funds and $268,000) in Extension Ordinance funds]. TDA Claim Number TransNet MPO ID I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementation or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. (See also Notice to Proceed, below at paragraph I in this Section 1.) D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG, The Approved Project Budget is attached hereto as a section of Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and Transportation Development Act (TDA) Article 3 Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 22 F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and for purposes of compliance with applicable requirements of the Agreement for its Project will be treated as a Grantee. Note to SANDAG Contracts Staff: Please complete Section G. "Maximum Percentage of SANDAG Participation" only if grantee committed matching funds in its grant application. If grantee did not commit matching funds in its application, please delete Section G, and adjust the Section letters, below, accordingly. If grantee did commit matching funds, please delete Paragraph G, and complete Paragraph H, below. After selecting either Paragraph G or H, below, please adjust the remaining Paragraph letters accordingly. Thank you. G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and was evaluated based on its representation that it would provide matching funds for the Project. Grantee agrees to provide _% of the Approved Project Budget as matching funds from resources other than the TransNet or TDA funds. Therefore, the maximum percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is %, or $_, whichever is the lesser of these two amounts. H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and attached to this Agreement as the Approved Project Budget (included in Attachment A). Based on the Approved Project Budget, the maximum amount of BPNSP funding SANDAG will pay to Grantee for amounts invoiced under this Agreement is $_, or _% of the Approved Project Budget, whichever is the lesser of these two amounts. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the scope of work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to Proceed. J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as amended. L. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian Facilities Programs Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 23 Section 2. Project Implementation A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Project Description/Scope of Work attached as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project only after receiving a written Notice to Proceed from SANDAG. 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project, and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule attached hereto as a section of Attachment A and in compliance with SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures")), as amended, attached hereto as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C and SANDAG Board Policy No. 035 as amended. Additionally, if Grantee hires a consultant to carry out professional services, funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. if Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE, (e.g., a construction cost estimate), prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG AT scoring criteria. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 24 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld from, or refunded to SANDAG from Grantee due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project Justification. See Section 9, paragraph F of this Agreement regarding amendments to the Scope of Work. B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expeditiously. C. Notice Regarding Prevailing Wages SANDAG's AT Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, a recent appellate court case (Asuza Land Partners v. Department of Industrial Relations 191 Cal. App. 4th 1 [2010]), may require that TransNet- funded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable taws, regulations, and policies. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 25 3. Required Clauses. The Grantee agrees to use a written document (such as a subagreement, lease, third -party contract or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. 4. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. F. No SANDAG Obligations to Third -Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third -party contractor at any tier. G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by SANDAG Board Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as Attachment B if it anticipates a delay in performance. H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. Anti -Discrimination Laws. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public upon request and will notify SANDAG immediately if a complaint is lodged that relates to the project or program funded by this grant. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 26 Section 3. Ethics A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with BPNSP Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 27 accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. if Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made by SANDAG's Project Manager consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $_. SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within 30 days of notification to the Grantee that specific amounts are owed to, or withheld by, SANDAG, whether for excess payments of BPNSP Funding, Grantee's failure to comply with the Agreement, SANDAG Board Policy No. 035 (Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered from third -parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrative charges. B. Payment by SANDAG. Grantee is required to submit invoices no more often and no less frequently than quarterly. Invoices must be accompanied by a quarterly report (Attachment D). SANDAG will make payments, or, for TDA-funded projects, authorize the County of San Diego to make payment, for eligible amounts to Grantee within 30 days following receipt of Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement, including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 28 requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent with the Approved Project Budget for the Project. For TDA-funded Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of each month, or the following business day. C. Eligible Costs. The Grantee agrees that Project costs eligible for BPNSP Funding must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs, must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5. Incurred for work performed, only on a reimbursement, not advance basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG, 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice, 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records), and 8. Eligible for BPNSP Funding as part of the AT Program Claim Eligible Costs. 9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to reimbursement of indirect costs, an approved indirect cost allocation plan in accordance with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State, Local, And Indian Tribal Governments, which can be viewed at http://www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either: (1) an approved indirect cost rate from a Federal Cognizant agency (or its designee) or an independent certified accounting firm; or (2) the applicant's proposed method for allocating indirect costs must be submitted in accordance with applicable OMB guidelines and approved by SANDAG. If the Grantee does not have an acceptable approved indirect cost allocation plan, then indirect costs are not eligible for reimbursement. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 29 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 11. In the event the Grantee receives payment from SANDAG, for which reimbursement is later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund the disallowed amount to SANDAG on request, or SANDAG may offset the amount disallowed from any payment due to or to become due to the Grantee under this Agreement. D. TDA Project Eligibility The law specifies that TDA money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. 1. Construction, including related engineering expenses, of bicycle and pedestrian facilities. 2. Maintenance of bicycle trails provided they are closed to motorized traffic. 3. Projects serving the needs of commuting bicyclists, including but not limited to, new paths serving major transportation corridors, secure bicycle parking at employment centers, park -and -ride lots, and transit centers where other funds are not available. 4. A comprehensive bicycle and pedestrian facilities plan (no more than once every five years), with an emphasis on bicycle projects intended to primarily accommodate non - recreational bicycle trips. 5. Up to 20 percent of the cost to restripe Class II bicycle lanes. 6. Up to 5 percent of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of any one person. E. TransNet Project Eligibility TransNet BPNSP Funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian, and neighborhood safety programs. These funds also may be used for programs that help to encourage the use of bicycles/pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs. F. Excluded Costs 1. In determining the amount of BPNSP Funding SANDAG will provide for the Project, SANDAG will exclude: CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 30 a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 3. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. 4. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square -foot cost of the sidewalk. 5. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. 6. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. 7. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project, and/or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 31 nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum Percentage/Amount of SANDAG Participation based on the invoiced amount. Note to SANDAG Contracts Staff: If grantee did not commit matching funds In the grant application, please delete Section H. "Matching Funds" from the agreement, and re -letter following sections accordingly. Thank you. H. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 1. Duty to Obtain Matching Funds The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the TransNet Ordinance Assistance awarded, that will assure payment of the actual cost of each Project activity covered by the Agreement for the Project. The amount of matching funds and percentage(s) of matching funds and/or in -kind contributions Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for the Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. 2. Prompt Payment of Matching The Grantee agrees to provide the minimum proportionate amount of the matching funds upon submittal of reimbursement for each invoice and cumulatively over the life of the project as it incurs Projects costs. If the minimum match is not provided with each invoice submittal or cumulatively over the life of the project, the identical amount to make up the difference may be withheld as retention for each invoice until the minimum match cumulatively over the life of the project is satisfactorily provided. The retention withholding would be released upon the minimum match provided, in accordance with the invoice payment terms as stated in this Agreement. 3. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of TransNet Ordinance Assistance or TDA provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 32 Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 33 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentation of costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. G. Data Collection and Communities Served Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated active transportation data. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 34 Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B. Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with the TransNet Extension Ordinance for TransNet funds. This Project's TDA Claim Number and/or its MPO ID Number is located in both Recital H, above, and on Attachment A.The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final BPNSP Funding payment and liquidates any remaining funds.. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. D. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund BPNSP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment A), and consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per SANDAG Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy NO. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 35 any rights or remedies provided by this Agreement, including SANDAG Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG must agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of SANDAG Board Policy No. 035. F. Amendment of Scope. The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (Included in Attachment A). Any substantive deviation from the Scope of Work must be approved by SANDAG if BPNSP Funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program, SANDAG Board Policy 035 and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 36 SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within 10 days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsideration within 10 working days. The decision of the Executive Director will be in writing. 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. Section 11. Assignment The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement Section 12. Project Manager The Grantee has assigned [INSERT PROJECT MANAGER NAME] as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without notice to SANDAG. Section 13. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 37 C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better," or 1. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. 2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. Indemnification and Duty to Defend A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wages claims against the Project, asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 38 of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. Section 15. Relationship of Parties For purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. Section 16. Severability and Integration If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. Section 17. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Christine Eary Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello and shall be effective upon receipt thereof. Contracts Staff: After receiving this original agreement back from the Grantee and before routing the original agreement for final SANDAG "wet" signatures, please confirm with SANDAG Finance and Planning staff that the applicable RTIP has been approved. Thank you. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 39 Section 18. Signatures The individuals executing this Agreement represent and warrant that they have and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION CITY OF NATIONAL CITY OF GOVERNMENTS GARY L. GALLEGOS [Full Name] Executive Director [Title] the legal capacity the date written APPROVED AS TO FORM: APPROVED AS TO FORM Associate General Counsel [Full Name] [Title] CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 40 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TDA CLAIM NO. TransNetMPO ID NO. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 41 ATTACHMENT B SAII(.124.0•1 y COMPETITIVE GRANT PROGRAM PROCEDURES BOARD POLICY NO. 035 Applicability and Purpose of Policy This Policy applies to the following grant programs administered through SANDAG, whether from TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAL, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 42 following execution of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 43 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 5. Increased Availability of Funding Under this Policy CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 44 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 CAPITAL GRANTS FY 201112012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 45 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant application, and • consistency with accepted pedestrian/bicycle facility standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall AT Program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate, Planning Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 46 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 47 ACTIVE TRANSPORTATION GRANT PROGRAM QUARTERLY PROGRESS REPORT Rep"oiii g Period bu{e Date Jan. 1 - March 31 April 15th April 1 -June 30 July 15th July 1 - Sept. 30 Oct. 15th Oct. 1 - Dec. 31 Jan. 15th Project Title Project Manager Name Agency Address Telephone Contract #: Invoice Date: Invoice #: Invoice Period: (from) (to) Task 1 (Fill in each task from Scope of Work) 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Task 2 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 48 Summary of Progress Task Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Anticipated Completion Date (if not as scheduled). Task 1 Task 2 Task 3 Action/s requested of SANDAG (check appropriate box/es): ❑ No action requested ❑ Amendment to*: ❑ Scope of Work Describe: Justification: ❑ Project Budget Describe: Justification: 0 Project Schedule Describe: Justification: * For any amendment requested, please describe the amendment and providejustification for why the amendment is needed. For Project Schedule amendment requests, explain: • previous efforts to maintain timely progress, • reasons for the delays and why they were unavoidable, and • demonstrate how the project will meet the proposed revised deadlines if the schedule amendment is approved. It is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it) milestones and grant agreement terms and conditions. Amendment requests are subject to SANDAG approval. 'Note that any changes from scheduled start and completion dates are subject to approval by SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall behind schedule, and the actions required for schedule adjustments. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 49 Invoice Part 1 of 2 To: From: TDA/TransNet ACTIVE TRANSPORTATION GRANT PROGRAM INVOICE OSWALDO PEREZ Project Name: SARONG Contract Number: 401 B Street, Suite 800 San Diego, CA 92101-4231 Name Jurisdiction Address Grant Invoice Number. # Billing Period: FROM Invoice Date: DATE Grant Award: Balance Remaining $0.00 $OAO TO % of total grant award spent] #DIVI01 TASK1 Prelim Previous Balance Current MMiDD/YYYY to MMIDD/YYYY Total Expenses SANDAG Total Match Spent Balance . r< o x ., ^t-�,r._ : ✓.," ' �. .,Cos +.'""• . ."1r1 r-� :'h* s'`t r». �' �.a 2 Engineering 8 Design 30% 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #0IV/01 n 360%Review Review $0.00 M0.00 $0.0000 $0.00 $0.00 #DIVIO! #DIV/0! #OIV/01 #DIV/01 490%Review $0.00 $000 $0.00 $0.00 #DIV/0! #DIV/01 #DIV/01 5 100% Review $O.Oo i0.00 $0.00 E0.00 $0.00 #DIV/0! #DIV/01 6 Advertise for $0.00 #DNIO! #DN10! #DIV/01 7 Construction Award Contract $0.00 $0.00 $0.00 #DIVIO! #DIV/0 #ON/01 8 Begin $0.0000 $0.00 #0IV/0! #DIVl0! #DIV01 construction 0.00 #ON/0! #OIV/01 #ON/0! 9 10 Construction Task Construction $0.0000 $$0.00 #0IV/0! #DIV/01 #DIVIO! Task $0.00 #DIV/0! #DIV/0! #DIVIO! 11 Construction Task $0.00 $0.00 #DIV/0 #OIV/0! #DIVIO! 12 Construction Task $0.00 $0.00 #0IV/0! #0IV/0! #DIV/01 13 Construction Task $0.00 $0.00 #0W/O! flDIVlO! #DIV/0! 14 Construction Task $0.00 $0.00 #DIV/0! #0IVl01 #0IV/0! 15 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! #DIVl01 16 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! #D1V/01 17 Construction Task $0.00 #DIVIO! #DIVIO! r #DIV/0! 18 Construction Task $0.00#DIV $0.00 #DAM! #DIV/01 19 Construction Task $0.00 $0.00 #DIVIO! 1A7N/0!101 #DIV/0! 20 Construction Task $0.00 $0.00 #DIV/0! #DIVIO! #DIVlO! 21 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! #ON/01 22 Construction Task $0.00#D $0.00 #DIV/0! IV101 #DIVI01 23 Construction Task $0.00 #01v/01 1V/0! #DIV/0! 24 Construction Complete $0.00 $0.00 7/0IV/01 #0I\601 #DIV/01 25 Project Completion/Closeout $0-00 $0.00 #ONTO! #DIV101 #DIVIO! #DIV/01 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/01 #DIV/0! #DIV/0! Total Current Total Amount Due Less 10% Match % Expenditures: this Invoice Retention: Met to Date: #DIV/01 $0.00 #DIV101 #D111/01 #DIV/0! CAF RANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 50 Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget A! .Curt 'tc)�irayl� .s €writ �otal'?7*T' Task 1 Task 2 Task 1 $0.00 $0.00 $0.00 Task 3 Task 2 $0.00 $0.00 $0.00 Task 4 Task 3 $0.00 $0.00 $0.00 Task 4 $0.00 $0.00 $0.00 Task 5 $0.00 Task 6 $0.00 Task 7 $0.00 Task 8 $0.00 Task 9 $0.00 Task 10 $0.00 Task 11 $0.00 Task 12 $0.00 Task 13 $0.00 Task 14 $0.00 Task 15 $0.00 Task 18 $0.00 Task 17 $0.00 Task 18 $0.00 Task 19 $0.00 Task 20 $0.00 Task 21 $0.00 Task 22 $0.00 Task 23 $0.00 Task 24 $0.00 Task 25 $0.00 TOTAL $0.00 S0.00 $0.00 Required Match % #DIV/01 Initial here 8 project is complete and this is the FINAL INVOICE CERTIFICATION OF GRANTEE I hereby certify that the above costs were Incurred In performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature Printed Name and Title Date CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 51 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the National City Bicycle Parking Enhancements Project in the amount of $50,000, committing to a local match of $10,000 for a total project cost of $60,000, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement (local match available from Gas Tax) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: APPROVED BY: Development Services -Engineering Division FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: JJ Local grant match available through Account No. 109-409-500-598-6573. (Gas Tax) -$10,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. "Draft" Grant Agreement 3. Resolution Explanation Staff is requesting authorization to file an application for Active Transportation Grant Program funds through the San Diego Association of Governments for the National City Bicycle Parking Enhancements Project in the amount of $50,000, with a local match of $10,000, resulting in a total project cost of $60,000. The local match will be funded through Gas Tax. The project will install bicycle racks throughout National City to provide cyclists with safe, secure, and convenient parking for end -of -trip storage. Council Resolution authorizing the filing of the grant application, committing associated matching funds, accepting the terms of the attached grant agreement and, if awarded grant funding, authorizing the City Manager to accept the grant funds and execute the grant agreement, is required upon submittal of the grant application. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE NATIONAL CITY BICYCLE PARKING ENHANCEMENT PROJECT IN THE AMOUNT OF $50,000, COMMITTING TO A LOCAL MATCH OF $10,000 FOR A TOTAL PROJECT COST OF $60,000, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND IF AWARDED THE GRANT, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT WHEREAS, $8.8 million of Transportation Development Act/TransNet funding for capital and non -capital active transportation projects is available through San Diego Association of Governments ("SANDAG") to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, the City of National City wishes to receive $50,000 in Active Transportation grant funds for the National City Bicycle Parking Enhancement Project; and WHEREAS, the City of National City understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of National City agrees to complete the proposed grant project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the City of National City is authorized to submit an application to SANDAG for Active Transportation Grant Program funding in the amount of $50,000 for the National City Bicycle Parking Enhancement Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the National City Bicycle Parking Enhancement Project, the City Council commits to providing $10,000 of matching funds and/or in -kind contributions. Matching funds are available in Account No. 109-409-500-598-6573 (Gas Tax). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to accept the grant funds and execute the grant agreement with SANDAG with no exceptions. BE IT FURTHER RESOLVED that the City Council hereby commits to completing the National City Bicycle Parking Enhancement Project. --- Signature Page to Follow --- Resolution NO. 2012 — Page Two PASSED and ADOPTED this 17th day of July, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor FOR INFORMATION ONLY - DO NOT FILL OUT TDA/TRANSNETACTIVE TRANSPORTATION GRANT PROGRAM FISCAL YEAR 2011 - 2012 GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement") is made this [Day] day of [Month], 2012, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year]. The following recitals are a substantive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNetY2 cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. C. The BPNSP is commonly referred to, herein, as the "Active Transportation" grant program (AT). Active Transportation encompasses bicycle and pedestrian travel and recognizes the comprehensive effort to integrate smart growth place making, access to transit and environmental justice. The SANDAG Board of Directors also approved programming of approximately $[insert new updated amount for the call for project which generated THIS grant award/agreement] million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on [insert new future date when BOD approved action described in this recital] by Resolution Number [insert Reso number]. D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the AT Funding/TDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both AT Funding and TDA funds were eligible funding sources for the AT (AT Funding). F. Grantee successfully applied for AT Funding for the following project: [Insert Project Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule, and budget for the Project is attached as Attachment A. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 21 G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff both the TDA / Extension Ordinance funding amounts and the TDA Claim Number and/or TransNet MPO ID required to complete Recital H, below. Thank you. H. Grantee's Project is funded with [insert dollar values for either or both TDA and Extension Ordinance funding, e.g. $182,000 in TDA funds and $268,000) in Extension Ordinance funds]. TDA Claim Number TransNet MPO ID I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementation or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. (See also Notice to Proceed, below at paragraph I in this Section 1.) D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is attached hereto as a section of Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and Transportation Development Act (TDA) Article 3 Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 22 F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and for purposes of compliance with applicable requirements of the Agreement for its Project will be treated as a Grantee. Note to SANDAG Contracts Staff: Please complete Section G. "Maximum Percentage of SANDAG Participation" only if grantee committed matching funds in its grant application.. If grantee did not commit matching funds in its application, please delete Section G, and adjust the Section letters, below, accordingly. If grantee did commit matching funds, please delete Paragraph G, and complete Paragraph H, below. After selecting either Paragraph G or H, below, please adjust the remaining Paragraph letters accordingly. Thank you. G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and was evaluated based on its representation that it would provide matching funds for the Project. Grantee agrees to provide _% of the Approved Project Budget as matching funds from resources other than the TransNet or TDA funds. Therefore, the maximum percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is _%, or $_, whichever is the lesser of these two amounts. H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and attached to this Agreement as the Approved Project Budget (included in Attachment A). Based on the Approved Project Budget, the maximum amount of BPNSP funding SANDAG will pay to Grantee for amounts invoiced under this Agreement is $_, or _% of the Approved Project Budget, whichever is the lesser of these two amounts. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the scope of work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to Proceed. J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term of this Agreement begins on the date SANDAG issues the Notice to Proceed and ends on the last date indicated in the Project Schedule, (Attachment A), unless amended consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as amended. L. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian Facilities Programs Funds. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 23 Section 2. Project Implementation A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Project Description/Scope of Work attached as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed, The Grantee agrees to undertake Project only after receiving a written Notice to Proceed from SANDAG. 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project, and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule attached hereto as a section of Attachment A and in compliance with SANDAG Board Policy No. 035 ("Competitive Grant Program Procedures")), as amended, attached hereto as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C and SANDAG Board Policy No. 035 as amended. Additionally, if Grantee hires a consultant to carry out professional services, funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. if Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE, (e.g., a construction cost estimate), prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG AT scoring criteria. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 24 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld from, or refunded to SANDAG from Grantee due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project Justification. See Section 9, paragraph F of this Agreement regarding amendments to the Scope of Work. B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expeditiously. C. Notice Regarding Prevailing Wages SANDAG's AT Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, a recent appellate court case (Asuza Land Partners v, Department of Industrial Relations 191 Cal. App. 4th 1 (2010]), may require that TransNet- funded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 25 3. Required Clauses. The Grantee agrees to use a written document (such as a subagreement, lease, third -party contract or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. 4. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. F. No SANDAG Obligations to Third -Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third -party contractor at any tier. G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by SANDAG Board Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as Attachment B if it anticipates a delay in performance. H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. Anti -Discrimination Laws. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public upon request and will notify SANDAG immediately if a complaint is lodged that relates to the project or program funded by this grant. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 26 Section 3. Ethics A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with BPNSP Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations, SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 27 accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall riot solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made by SANDAG's Project Manager consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $_. SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within 30 days of notification to the Grantee that specific amounts are owed to, or withheld by, SANDAG, whether for excess payments of BPNSP Funding, Grantee's failure to comply with the Agreement, SANDAG Board Policy No. 035 (Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered from third -parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrative charges. B. Payment by SANDAG. Grantee is required to submit invoices no more often and no less frequently than quarterly. Invoices must be accompanied by a quarterly report (Attachment D). SANDAG will make payments, or, for TDA-funded projects, authorize the County of San Diego to make payment, for eligible amounts to Grantee within 30 days following receipt of Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement, including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 28 requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent with the Approved Project Budget for the Project. For TDA-funded Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of each month, or the following business day. C. Eligible Costs. The Grantee agrees that Project costs eligible for BPNSP Funding must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs, must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5. Incurred for work performed, only on a reimbursement, not advance basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG, 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice, 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records), and 8. Eligible for BPNSP Funding as part of the AT Program Claim Eligible Costs. 9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to reimbursement of indirect costs, an approved indirect cost allocation plan in accordance with Office of Management and Budget (OMB), Circular A-87 Cost Principles for State, Local, And Indian Tribal Governments, which can be viewed at http://www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either: (1) an approved indirect cost rate from a Federal Cognizant agency (or its designee) or an independent certified accounting firm; or (2) the applicant's proposed method for allocating indirect costs must be submitted in accordance with applicable OMB guidelines and approved by SANDAG. If the Grantee does not have an acceptable approved indirect cost allocation plan, then indirect costs are not eligible for reimbursement. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 29 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 11. In the event the Grantee receives payment from SANDAG, for which reimbursement is later deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund the disallowed amount to SANDAG on request, or SANDAG may offset the amount disallowed from any payment due to or to become due to the Grantee under this Agreement. D. TDA Project Eligibility The law specifies that TDA money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. 1. Construction, including related engineering expenses, of bicycle and pedestrian facilities. 2. Maintenance of bicycle trails provided they are closed to motorized traffic. 3. Projects serving the needs of commuting bicyclists, including but not limited to, new paths serving major transportation corridors, secure bicycle parking at employment centers, park -and -ride lots, and transit centers where other funds are not available. 4. A comprehensive bicycle and pedestrian facilities plan (no more than once every five years), with an emphasis on bicycle projects intended to primarily accommodate non - recreational bicycle trips. 5. Up to 20 percent of the cost to restripe Class II bicycle lanes. 6. Up to 5 percent of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of any one person. E. TransNet Project Eligibility TransNet BPNSP Funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian, and neighborhood safety programs. These funds also may be used for programs that help to encourage the use of bicycles/pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs. F. Excluded Costs 1. In determining the amount of BPNSP Funding SANDAG will provide for the Project, SANDAG will exclude: CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 30 a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; d, Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 3. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. 4. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square -foot cost of the sidewalk. 5. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. 6. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. 7. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project, and/or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the aliowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest, If SANDAG determines that the Grantee is not entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 31 nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum Percentage/Amount of SANDAG Participation based on the invoiced amount. Note to SANDAG Contracts Staff: If grantee did not commit matching funds In the grant application, please delete Section H. "Matching Funds" from the agreement, and re -letter following sections accordingly. Thank you. H. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 1. Duty to Obtain Matching Funds The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the TransNet Ordinance Assistance awarded, that will assure payment of the actual cost of each Project activity covered by the Agreement for the Project. The amount of matching funds and percentage(s) of matching funds and/or in -kind contributions Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for the Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. 2. Prompt Payment of Matching The Grantee agrees to provide the minimum proportionate amount of the matching funds upon submittal of reimbursement for each invoice and cumulatively over the life of the project as it incurs Projects costs. If the minimum match is not provided with each invoice submittal or cumulatively over the life of the project, the identical amount to make up the difference may be withheld as retention for each invoice until the minimum match cumulatively over the life of the project is satisfactorily provided. The retention withholding would be released upon the minimum match provided, in accordance with the invoice payment terms as stated in this Agreement. 3. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of TransNet Ordinance Assistance or TDA provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 32 Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 33 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentation of costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that ail reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project, E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. G. Data Collection and Communities Served Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated active transportation data. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 34 Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B. Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with the TransNet Extension Ordinance for TransNet funds. This Project's TDA Claim Number and/or its MPO ID Number is located in both Recital H, above, and on Attachment A.The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final BPNSP Funding payment and liquidates any remaining funds.. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. D. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund BPNSP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment A), and consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per SANDAG Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy NO. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 35 any rights or remedies provided by this Agreement, including SANDAG Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG must agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of SANDAG Board Policy No. 035. F. Amendment of Scope. The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (Included in Attachment A). Any substantive deviation from the Scope of Work must be approved by SANDAG if BPNSP Funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the AT Program, SANDAG Board Policy 035 and that the changes would not have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 36 SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within 10 days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsideration within 10 working days. The decision of the Executive Director will be in writing. 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. Section 11. Assignment The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement Section 12. Project Manager The Grantee has assigned [INSERT PROJECT MANAGER NAME] as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without notice to SANDAG. Section 13. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 37 C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better," or 1. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. 2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. Indemnification and Duty to Defend A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wages claims against the Project, asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save and hold harmless SANDAG and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 38 of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. Section 15. Relationship of Parties For purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. Section 16. Severability and Integration If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. Section 17. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Christine Eary Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello and shall be effective upon receipt thereof. Contracts Staff: After receiving this original agreement back from the Grantee and before routing the original agreement for final SANDAG "wet" signatures, please confirm with SANDAG Finance and Planning staff that the applicable RTIP has been approved. Thank you. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 39 Section 18. Signatures The individuals executing this Agreement represent and warrant that they have and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION CITY OF NATIONAL CITY OF GOVERNMENTS GARY L. GALLEGOS [Full Name] Executive Director [Title] the legal capacity the date written APPROVED AS TO FORM: APPROVED AS TO FORM Associate General Counsel [Full Name] [Title] CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 40 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TDA CLAIM NO. TransNetMPO ID NO. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 41 ATTACHMENT B SAIII(.124104r COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy BOARD POLICY NO. 035 This Policy applies to the following grant programs administered through SANDAG, whether from TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Section 5310 Elderly & Persons with Disabilities Transportation Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy, There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline, 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 42 following execution of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1,3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 43 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 5. Increased Availability of Funding Under this Policy CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 44 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 45 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant application, and • consistency with accepted pedestrian/bicycle facility standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall AT Program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. Planning Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 46 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 47 ACTIVE TRANSPORTATION GRANT PROGRAM QUARTERLY PROGRESS REPORT orttng Period Due;Date Jan. 1 - March 31 April 15th April 1 -June 30 July 15th July 1 - Sept. 30 Oct. 15th Oct. 1 - Dec. 31 Jan. 15th Project Title Project Manager Name Agency Address Telephone Contract #: Invoice Date: Invoice #: Invoice Period: (from) (to) Task 1 (Fill in each task from Scope of Work) 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description Task 2 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add description CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 48 Summary of Progress Task Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Anticipated Completion Date (if not as scheduled)* Task 1 Task 2 Task 3 Action/s requested of SANDAG (check appropriate boxles): ❑ No action requested ❑ Amendment to*: ❑ Scope of Work Describe: Justification: ❑ Project Budget Describe: Justification: ❑ Project Schedule Describe: Justification: * For any amendment requested, please describe the amendment and provide justification for why the amendment is needed. For Project Schedule amendment requests, explain: • previous efforts to maintain timely progress, • reasons for the delays and why they were unavoidable, and • demonstrate how the project will meet the proposed revised deadlines if the schedule amendment is approved. It is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it) milestones and grant agreement terms and conditions. Amendment requests are subject to SANDAG approval. Note that any changes from scheduled start and completion dates are subject to approval by SANDAG. Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall behind schedule, and the actions required for schedule adjustments. CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 49 Invoice Part 1 of 2 To: From: TDA/TrensNet ACTIVE TRANSPORTATION GRANT PROGRAM INVOICE OSWALDO PEREZ Project Name: SANDAG Contract Number: 401 D Street, Suite 800 San Diego, CA 921014231 Name Jurisdiction Address Grant Invoice Number: # Billing Period: FROM Invoice Date: DATE Grant Award: $0.00 Balance Remaining $0.00 TO % of total grant award spent #DIVIO! TASK Previous Balance Current MM!DOIYYYY to MM81DNYYY Total Expenses SANDAG Total Match Spent Balance ,"#ir- rri:• rH y...: • ' ".._ y • $0.00 sK" .x=i• $0.00 ll'w.,P,", awn ;' rce,x. y�w.,r+.' `S Ym 1 En Prelim Engineering & Design $0 00 $0.00 $0.00 $0.00 $0.00 #DIV/ou #DIV/0! #DIVIO! 2 30% Review $o.00 $o.00 $0.00 $0.00 $0.00 #DNro! #01vi0! #DNro! 3 60% Review $0.00 $0.00 $0.00 50.00 $0.00 #DIV/0! #DIVIO! #DIV/01 490%Review $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/0! #DIV/0! #DIV/01 5 100% Review $0.00 $0.00 IIDIVIO! #0IV/01 #O1V/0! 6 Advertise for Construction $0.00 $0.00 #DIV/O! #DIV/0! #DIV/0! 7 Award Contract $0.00 #ONTO! 8 Begin oonstmc8on $0.00 $0.00 #ONlO! tIONl01 #D V/01 9 Construction Task $0.00 $0.00 #OIV/0! #DIV/O! #DIV/0! 10 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! #DIV/01 11 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! t0IV/01 12 Construction Task $0.00 $0.00 #DIV/0! #DV/01 1✓aNI01 13 Construction Task $0.00 $0.00 #DIV/0! #DIV/01 #DIV/O! 14 Construction Task $0.00 $0.00 #DIV/01 #DIV/O! #0IV/0! 15 Construction Task $0.00 $0.00 110IV/01 #DIV/0! #01V/0! 16 Construction Task $0.00 $0.00 f01V/01 #DN10! #OIV/0! 17 Construction Task $0.00 $0.00 *DIM! #OJV/0! #DIV/01 18 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! 19 Construction Task $0.00 $0.00 t*DIV/0! #DIVIO! #DIV/0! #IDIVlO! 20 Construction Task $0.00 $0.00 #DIV/0! #DIV/01 #DN/0! 21 Construction Task $0.00 $0.00 #DIV/0! #DIV/O! #0IV/0! 22 Construction Task $0.00 $0.00 #DIV/0! #DIV/0! 23 Construction Task $0.00 $0.00 #DIV/0! #DIV/Ol #DIV/0! 24 Construction Complete $0.00 $0.00 #DIV/0! #DIVI0! #DIV/0! #DIV/01 25 Project Completion/Closeout $0.00 $0.00 #OIVIO! #DIV/0! #DIV/0! l Tote $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/0! *DIM! #DIV/01 Total Current Total Amount Due Less 10% Match Expenditures: this Invoice: Retention: % Met to Date: $0.00 #DIV/Ot #D11//01 #DIV/0! CA .;RANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PRO,Lt, l z 50 Invoice Part 1 of 2 Other Costs (Column GI Describe Expenses: Project Budget A G ra ,.roS tat Task 1 Task 2 Task 1 $0.00 $0.00 $0.00 Task 3 Task 2 $0.00 $0.00 $0.00 Task 4 Task 3 $0.00 $0.00 $0.00 Task 4 $0.00 $0.00 $0.00 Task 5 $0.00 Task 6 $0.00 Task 7 $0.00 Task 8 $0,00 Task 9 $0.00 Task 10 $0.00 Task 11 $0.00 Task 12 $0.00 Task 13 $0.00 Task 14 $0,00 Task 15 $0.00 Task 16 $0.00 Task 17 $0.00 Task 18 $0.00 Task 19 $0.00 Task 20 $0,00 Task 21 $0.00 Task 22 $0.00 Task 23 $0.00 Task 24 $0.00 Task 25 $0.00 TOTAL r $0.00 $0.00 $0.00 Required Match % 4OIV10! Initial here if project is complete and this is the FINAL INVOICE CERTIFICATION OF GRANTEE hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature Pnnted Name and Title Date CAPITAL GRANTS FY 2011/2012 ACTIVE TRANSPORTATION PROGRAM CALL FOR PROJECTS 51 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 12 ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement to extend the Agreement for one-year between the City and EsGil Corporation in the not to exceed amount of $245,000 to provide plan checking, building inspections and other related developmen rvices o an as -needed basis, . PREPARED BY: Luis nz ``�. DEPARTMENT: PHONE: 4214 APPROVED BY: EXPLANATION: On August 19th, 2008, the City and EsGil Corporation entered into an Agreement to provide plan checking, building inspection and other related development services on an as -needed basis. The Agreement was for two years, with the option of the City to extend the agreement at one-year intervals, with up to three extensions. The proposed resolution would be the third and final amendment to extend the Agreement for one-year, from August 19th, 2012 to August 18th, 2013, in the not to exceed amount of $245,000 to provide plan checking, building inspections and other related development services on an as -needed basis. All other terms and provisions of the Agreement would remain in full force and effect.. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in Account No. 001-406-028-213 and in Account No. 120-406-028-213. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Third Agreement 2. 2008 Agreement with EsGil Corp. 3. Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION IN THE NOT TO EXCEED AMOUNT OF $245,000 TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS, AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS WHEREAS, on August 19, 2008, the City Council adopted Resolution No. 2008- 164 to enter into a two-year agreement with Esgil Corporation to provide plan checking, building inspection, and other related development services on an as -needed basis; and WHEREAS, said Agreement provided the option to extend the term of the Agreement for a one-year period for up to three years; and WHEREAS, on August 3, 2010, by the adoption of Resolution No. 2010-171, the City Council approved the First Amendment to the Agreement to extend the term of the Agreement for one year, from August 19, 2010 to August 19, 2011, for the not to exceed amount of $245,000; and WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011- 125, approving the Second Amendment to the Agreement to extend the term of the Agreement for an additional one year, from August 19, 2011 to August 18, 2012, for the not to exceed amount of $245,000; and WHEREAS, the City and Esgil Corporation desire to extend the term of the Agreement for another one-year period, from August 19, 2012 to August 18, 2013, for the not to exceed amount of $245,000. 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 and Esgil Corporation to extend the term for an additional one year from August 19, 2012 to August 18, 2013, for the not to exceed amount of $245,000, to provide plan checking, building inspections, and other related development services on an as -needed basis. Said Third Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of July, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS This Third Amendment to the Agreement is entered into this 17th day of July, 2012 by and between the City of National City, a municipal corporation ("the CITY"), and EsGiI Corporation (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on August 19, 2008 ("the Agreement") wherein the CONSULTANT agreed to provide plan checking, building inspection, and other related development services on an as -needed basis. B. The Agreement was for two years from the commencement date, with the option of the CITY to extend the Agreement at one-year intervals, up to three extensions. C. On August 3, 2010 the CITY and CONSULTANT entered into the First Amendment to the Agreement to extend the term of the Agreement for a term of one year, expiring on August 19, 2011. D. On June 21, 2011, the CITY and CONSULTANT entered into the Second Amendment to the Agreement to extend the term of the Agreement for a term of one-year, expiring on August 18, 2012. E. The parties desire to exercise the option to extend the Agreement for the third and final of three one-year extensions by extending the term of the Agreement for one additional year, from August 19, 2012 to August 18, 2013. NOW, THEREFORE, the parties hereto agree as follows: 1. The length of the Agreement, stated at Paragraph 6, is extended for one- year, from August 19, 2012 to August 18, 2013; and, 2. The compensation stated in Section 4 of the Agreement shall remain unchanged, except as follows: The not to exceed amount referenced in the fourth sentence of the third paragraph of Section 4 shall be amended by adding the following sentence: "The total cost for all work described in Exhibit "B" shall not exceed two -hundred forty-five thousand dollars ($245,000) for the term of this Third Amendment, from August 19, 2012 to August 18, 2013, without prior written authorization from the CITY. 3. Each and every term of the Agreement shall remain in full force and effect, except for the amendments contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ESG/L CORPORATION By: Ron Morrison, Mayor Kurt ident APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney By: frCulvice Pre. By. 7) t--L. C64,Jeci2 Chuck Mendenhall, Vice Presiden't a .CORD �l. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD1YYYY) 8/30/2011 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 Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. 0A99520 INSURED EsGil Corporation 9320 Chesapeake Drive, #208 San Diego, CA 92123 United States TACT NAME: : Certificate Department PHONE rA/C. No Ext1: 619-234-6848 E-MAIL ADDRESS: Certificates@cavignac. com PRODUCER CUSTOMER ID F. ESGIL-1 INSURER(S) AFFORDING COVERAGE FAX FAX No1:619-234- 8601 INSURERA:TRAV1 T,RRS PROP CAS CO OF AMFR )NSURER a : SEAZLEY INS CO INC NAIL 7FF74 37540 INSURER C INSURER D INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 119900 REVISION NUMBER: 15slos THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADM SUBR POLICY EFF POLICY EXP INSR, WVD POLICY NUMBER (MM/DDTYYYY) (MMIDDIYYYY) LIMITS A GENERALLIABILTTY COMMERCIAL GENERAL LIABILITY OCCUR X 6801052T972 9/1/2011 9/1/2012 EACH OCCURRENCE $ 1,000,001 X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1, 000, 001 CLAIMS -MADE X MED EXP (Any one person) $ 10, 001 X Separation of Insureds PERSONAL&ADVINJURY $ 1,000,00( X i Contractual Liability GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: r- LOC PRODUCTS - COMP/OP AGG $ 2, 000,00( POLICY X JEa Deductible $ ( AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BA6663N034 9/1/2011 9/1/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ 1 AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN N!A UB0675T169 9/1/2011 9/1/2012 X TORYTA TS OT H- ER E.L. EACH ACCIDENT $ 1,000, 00( E.L. DISEASE- EA EMPLOYEE $ 1,000, 00( below E.L. DISEASE - POLICY LIMIT $ 1,000 , 0 0 ( B Professional Liability V15WOK110601 9/1/2011 9/1/2012 Each Claim $1,000,00( Aggregate $2,000,00( DESCRIPTION OF OPERATIONS ! LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Additional Insured coverage applies to General and Automobile Liability for City of National City Building Department , its elected officials, officers, agents, and employees per policy form. CERTIFICATE HOLDER CANCELLATION City of National City Building Department 243 National City Blvd. ational City, CA 91950 .,nited States 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 Jeffrey W. Cavignac 3 ACORD 25 (2005/09) © 1988-2009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Page 2 of 4 POLICY NUMBER: 6801052T972 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury', "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are Tess. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against person or organization because of payments we make ror "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury' or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury' and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CGD3810907 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 3 of WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UBo67sT169 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Page 4 of 4 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS AGREEMENT is entered into this 19th day of August, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and EsGil Corporation, a California Corporation (the " "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide plan checking, building inspection, and building consultant services. WHEREAS, the CITY has determined that the CONSULTANT is a building safety plan review service company and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2_ SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as needed to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. Esgil Contract July 31, 2008 3. PROJECT COORDINATION AND SUPERVISION. The Building Official hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The Fire Marshal of the City of National City is designated as the primary contact for all fire plan related work and questions. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Richard Esgate is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The CITY establishes the plan checking fee by resolution of the City Council. The CITY collects the plan checking fee from the applicant. The CONSULTANT'S compensation for reviewing plans, commonly referred to as plan checking, shall be eighty -percent (80%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the the plan check submittal. For plan review of repetitive buildings, such as in housing tracts, apartment complexes, or industrial tracts, the CONSULTANT'S compensation will be as stated above for each basic building plan and shall not exceed twenty percent (20%) of the plan check fee for each identical building in the development. The City establishes the building inspection fee by resolution of the City Council. The CITY collects the building inspection fee from the applicant. The City may request the CONSULTANT to perform building inspections, as needed. When the City requests CONSULTANT to perform building inspections for an entire development or project, the CONSULTANT'S compensation for conducting these building inspections shall be eighty (80%) of the building inspection fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at that time. For building inspections, permit technician assistance, plan review, and other services as needed which are not related to performing such service for an entire development or project, which are not covered by the plan checking fee, and which are performed by CONSULTANT stationed in the City's offices, CONSULTANT'S compensation shall be based on the preferred rate hourly fee for that type of service, as stated in Exhibit B, entitled the Labor Rate Schedule, and incorporated herein. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked andalso materials, if any. The total cost for all work described in Exhibit "B"shall not exceed One -hundred thousand dollars ($100,000.00) (the Base amount) in any fiscal year, without prior written authorization from the Project Coordinator. 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 "B_"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times 2 Esgil Contract July 31, 2008 7 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/CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR/CONSULTANT in this Agreement, the City or the CONTRACTOR/CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONTRACTOR/CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR/CONSULTANT. 6. LENGTH OF AGREEMENT. This Agreement shall be for two years from the commencement of this Agreement, with the option of the CITY to extend the Agreement at one-year intervals, up to three extensions. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project,, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer_ The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 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 3 Esgil Contract July 31, 2008 for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed_ 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary, for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT.(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees' except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cosi and expense, 4 Esgil Contract July 31, 2008 9 keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a govemmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any 5 Esgil Contract July 31, 2008 JO part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorneys fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its 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"). 6 Esgil Contract July 31, 200B C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change_ F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of 7 Esgil Contract July 31, 2008 The action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registeredor certified mail, 8 Esgil Contract July 31, 2008 !3 postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONSULTANT: Luis Sainz, Building Official Planning and Building Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Richard Esgate, President Esgil Corporation 9320 Chesapeake Dr., #208 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it 9 Esgil Contract July 31, 2008 `Y 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. II If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such 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 begoverned by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, 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. 10 Esgil Contract July 31, 2008 1/5 J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY B on Morrison, Mayor APPROV D AS TO FORM: orge' r, III City Attorney 11 ESGIL CORPORATION (Corporation— signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship— one eignatur - 1 Bye ..e��i.e. "� A Richard Es•, P f ident By: Kurt Cu ver, Vice President Esgil Contract July 31, 2008 EXHIBIT A EsGit Corporation In Partnership with government for Building Safely SCOPE OF WORK FOR NATIONAL CITY 7-28-08 1. Provide complete Building Division plan check services for compliance with Title 24: Building, Electrical, Plumbing and Mechanical Codes, Energy Conservation and Disabled Access regulations. All as amended by the Cily of National City. Provide staffing for counter, inspection, plan check, Deputy Building Official as staff is needed by City and as staff is available by EsGil. Provide Fire Department plan check services for Fire Code, Building Code and City ordinances including: Fire Suppression Systems, Fire Alarms, Fire Resistant Construction, Exits and Fire Department Occupancy regulations. Provide Building Division inspection services for compliance with Title 24: Building, Electrical, Plumbing, and Mechanical Codes, Energy Conservation and Disabled Access regulations all as amended by the City of National City. Services to include: A. Providing trained, credentialed building inspection staff and supervision to perform the mandated inspections. Providing necessary transportation, applicable inspection equipment, including cell phones to facilitate communication. C. Providing technical engineering support relating to code related issues, and plan interpretation for all engineering disciplines. D. Coordinating all inspection and re -inspection requests for all disciplines. E. Providing next -workday inspections of all requested inspections and re - inspections for compliance with the State of California mandated International Building Code, Plumbing Code, Mechanical Code, Electrical Code, Disabled Access Regulations and Energy Conservation Regulations as these regulations have been adopted and amended by the City of National City. 9320 Chesapeake Drive, Suite 208 • San Diego, California 92123 ♦ (858) 560-1468 ♦ Fax (858) 560-1576 EXHIBIT "B" ESGIL CORPORATION LABOR RATES SCHEDULE 2007/2008 REGULAR CLASSIFICATION HOURLY RATE Division Manager $ 192.00 Supervising Structural Engineer 180.00 Civil Engineer 140.00 Electrical Engineer 140.00 Mechanical Engineer 140.00 Structural Engineer 160.00 Energy Pans Examiner 140.00 I_C_C. Plans Examiner 120.00 Supervising Building Inspector 126.00 Building Official 130.00 Deputy Building Official 120.00 Building Inspector 108.00 Permit Specialist/Counter Tech 96.00 Clerical Support 45.00 Fire protection engineer 160.00 Fire plans examiner 120.00 Fire inspector 108.00 NOTES: PREFERRED HOURLY RATE $ 140.00 135.00 105.00 105.00 105.00 120.00 105.00 90.00 95.00 100.00 90.00 83.00 72.00 34.00 120.00 90.00 83.00 Labor rates are only used, when requested by our clients, where the use of a percentage of the permit fee or plan check fee is not applicable or appropriate. Normal plan check is provided for 80% of the jurisdiction's plan check fee. Normal code compliance inspections are provided for BOP/0 of the permit fee. If jurisdiction permit and plan check fees are less than the 1997 UBC Table 1-A fee, Esgit's minimum charge is 75% of the Table 1-A fee for inspection and 50% of the Table 1-A fee for plan check. "Preferred" rates are used for client jurisdictions where EsGil has a current, ongoing contract with the jurisdiction to provide plan check or inspection services. A further reduction in rates may be provided for long-term, contract staff assignments_ Rates are increased by a factor of 1.5 for overtime, and for holiday and weekend assignments. ,i3N'dO 1V)4. I;J Coordinating with the Building Official on all discretionary decisions and/or requests for alternate materials or types of construction_ Coordinating with the Building Official on all certificates of occupancy to be sure that all applicable City regulatory agencies have approved the project H. Maintaining all inspection records. Our fee for performing the inspection services is 80% of the City adopted Building Permit Fee. Fees will be billed monthly as follows: After inspection approval of under -building utilities and approval of placement of concrete for foundations 25% After inspection of framing, rough electrical, rough plumbing, rough mechanical 35% After final inspection of all building elements 20% Provide extra work requested in writing by the City and as agreed to by EsGil. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY) 07/18/2008 PRODUCER (619)574-6220 FAX (619)574-6288 Insurance Office of America, Inc. DBA IOA Insurance Services 1775 Hancock Street, Ste. 180 San Diego, CA 92110 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_ INSURERSAFFORDING COVERAGE NAIC # INSURED Esgil Corporation 9320 Chesapeake Dr. Suite 208 San Diego, CA 92123 INSURERA Travelers Prop & Casualty Co. INSURERS: Travelers Casualty Co of Ct. INSURER _ One Beacon America Ins. Co. INSURER 0 Beazley Insurance Co. INSURER E. THE POLICIES OF INSURANCE L..ISTED BELOW HAVE BEEN ISSUFD TO THE INSURED NAMEDABOVE 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 INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN DEDUCED BY PAID CLAIMS. INSR ITR ADD'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE!MMJOD/YYI POLICY EXPIRATION DATE IMMIDDM(1 LIMITS GENERAL - LIABIUTY COMMERCIAL GENERAL LIABILITY 680488L670 09/30/2007 09/30/2008 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Fa nrntrcnre) $ 300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL 8 AOV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN I AGGREGATE LIMIT APPLIES PER-. ---- POLICY -X1 PRO-JEO--I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABIDTY ANY AUTO ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA6561L728 09/30/2007 09/30/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ -- BODILY INJURY (Per occident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONI Y- AGO $ A EXCESS/UMBRELLA LIABILITY CUP7232Y822 09/30/2007 09/30/2008 EACH OCCURRENCE $ 5,000,000 X) OCCUR I CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE $ 5,000,000 $ $ $ C WORKERS EMPLOYERS' ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER If SPECIAL dLsPROVIbe SPECIAL COMPENSATION AND LIABILITY 406018454 09/01/2007 09/01/2008 X WC IMITL OTH TORSI TU-TS ER EL EACH ACCIDENT $ 1,000,000 EXCIUDE07 under PROVISIONS below E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POI ICY LIMIT $ 1,000,000 Professional Liability V1SIEFO7PNPM 09/30/2007 09/30/2008 $1,000,000 Per Claim $2,000,000 Aggregate $65,000 Deductible DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: All Operations. The City of National City, its elected officials, officers, agents and employees are additional insured per attached endorsement. Waiver of Subrogation applies to Workers Cornp coverage. *10 Days for Non -Pay CERTIFICATE HOLDER National City Building Department 1243 Nation City Blvd_ National City, CA 91950 CANCELLATION 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kelly Howell/PALMEM ACORD 25 (2001108) ©ACORD CORPORATION 1988 POLICY NUMBER: 680,188E670 COMMERCIAL GENERAL LIABILITY DATE ISSUED:09/30/2007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OFPERSON(S) OR ORGANIZATION(S): The City of National City, its elected officials, officers, agents and employees PROJECT/LOCATION OF COVERED OPERATIONS: All Operations 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If the injury or damage arises out of the performance, by you or your subcontractor, of "your work" on or for the project, or at the location, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to their independent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement_ 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services". b. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in a "contract or agreement requiring insurance" for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. 3. The .following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): CGD3820906 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright, Insurance Services Office, Inc , 2001 2/ However. if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured_ But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed_ 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. CGD3820906 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2001 a,2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attached clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 09/01/2007 Policy No. 406018454 of the OneBeacon Insurance issued to Esi ii Corporation Premium (if any) $ at 12:01 A.M. standard time, forms a part of Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy_ We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of National City, its elected officials, officers, agents and employees All Operations 03 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. A. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following_ Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured"; and (2) in or on your covered "auto'; in the event of a total theft "loss" of your covered "auto". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, AA Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease/loan payments at the time of the loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; CA T4 20 07 06 C. D. E. (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and Carry-over balances from previous loans or leases. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4,d is deleted and replaced with the following: a. (e) Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "foss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system, in or upon the covered 'auto"; or WAIVER OF DEDUCTIBLE — GLASS SECTION III — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos' are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto", then the Includes the copyrighted material of Insurance Services Office. Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies. Inc. ay COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subjed to the following: (1) The most we will pay for 'loss" in any one "accident" to a hired, rented or borrowed "auto' is the lesser of; (a) S50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss", or The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality_ j2) An adjustment for depreciation and physical condition will be made in deter- mining actual c sh value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment_ (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the foilowing: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- {c) tent required of you by a written contract exe- cuted prior to any "accident" or 'loss", pro- vided that the 'accident" or "loss' arises out of the operations contemplated by such con- tract The waiver applies onty to the person or organization designated in such contract G. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following- Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured` under the Who Is An Insured provision contained in Section 11. H. EMPLOYEE HIRED AUTOS SECTION I1 — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An insured is amended by add- ing the following: An "employee of yours is an "insured- while op- erating an 'auto" hired or rented under a contract or agreement in that "employee's' name, with your permission, while performing duties related to the conduct of your business: I. COVERAGE EXTENSION — TRAILERS SECTION I — COVERED AUTOS, C_ Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. 'Trailers' with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted materiel of Insurance Se•vices Othee. Inc. wi:h ds perrrrssior.. CA T4 20 07 06 Includes the copyrighted material ,f the Sr Pa::11:avelers Companies, hc. as WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attached clause" need be completed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement, effective on 09/01/2007 at 12:01 A.M. standard lime, forms a part of Policy No. 406018454 Endorsement No. of the OneBeacon Insurance issued to Esgil Corporation Premium (if any) $ atuo vkko, Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We . will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule or Organization Job Description _Person The City of National City, its elected officials, officers, agents and employees All Operations CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 7/17/2012 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of the City of National City authorizing Council to waive the formal bid process, and award the purchase of one 2011 Ford Crown Victoria to Wondries Fleet Group in Alhambra, CA, in the amount of $26,115.19 for the Police Department. PREPARED BY: Manuel Rodriguez DEPARTMENT: Police f / PHONE: 4512 Z APPROVED BY: EXPLANATION: The City received reimbursement to purchase a patrol vehicle as a result of a claim filed by Risk Management to the insurance company in the amount of $11,957.20, and additional funding from the General Fund in the amount of $14,157.99. Ford Motor Company has discontinued producing the 2011 Ford Crown Victoria's and they are not available from local dealers. Wondries Fleet Group has limited vehicles remaining. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480 and in Chapter 2.60.220(d) and 2.60.260 of the Municipal Code, and authorize City (Buyer) to piggyback the County of Los Angeles Contract # DPO-SH-11323318- 1/Solicitation #RFB-IS-11201188-1 with Wondries Fleet Group. No further purpose would be served by issuing a formal bid at this point, since the vehicles are no longer available locally. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 001-411-000-511-0000 $11,957.20 (Insurance Reimbursement) 001-411-000-299-0000 $14,157.99 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: In concurrence with the Police Department, it is recommended that the award be made to Wondries Fleet Group, and that authority be given to issue resulting Purchase Order. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Nondries Fleet Group Quote RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING OF THE BID PROCEDURE AND AWARDING THE PURCHASE OF ONE 2011 FORD CROWN VICTORIA FOR THE POLICE DEPARTMENT TO WONDRIES FLEET GROUP IN ALHAMBRA, CALIFORNIA, IN THE.AMOUNT OF $26,115.19 THROUGH A COOPERATIVE PURCHASE WITH THE COUNTY OF LOS ANGELES WHEREAS, the City received reimbursement in the amount of $11,957.20 to purchase a patrol vehicle as a result of a claim filed by Risk Management; and WHEREAS, the Police Department desires to purchase a Ford Crown Victoria to replace the one that was totaled by the insurance company utilizing the reimbursement amount of $11,957.20, plus $14,157.99 from the City's General Fund; and WHEREAS, Ford Motor Company has discontinued producing the Crown Victoria, and there are none available from dealers within San Diego County; and WHEREAS, a 2011 Ford Crown Victoria is available from Wondries Fleet Group in Alhambra, California, for $26,115.19; and WHEREAS, the County of Los Angeles awarded Contract No. DPO-SH- 11323318-1/Solicitation No. RFB-is-112001188-1 to Wondries Fleet Group for a 2011 Ford Crown Victoria, which the City can piggyback, thereby getting the best purchase price; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the City to be in substantial compliance with National City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the County of Los Angeles's procurement procedures are in substantial compliance with the City of National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process for the purchase of one 2011 Ford Crown Victoria from Wondries Fleet Group in Alhambra, California, for $26,115.19. PASSED and ADOPTED this 17th day of July, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney Wcndriav FLEET GROUP 1247 W. Main Street:, P,O. Box 3850 Alhambra, CA 91 801 - (826) 457-5590 (626) 45'7.5593 Fax May 7, 2012 Lt. David. Espiritu National City Police Dept. 1200 National City Blvd. National City, CA 91950 Ei iail: despiritu c@nationalcitvca.gov Lt. Espiritu; In. response to your inquiry, we are pleased to submit the following for your consideration. Wondries Fleet Group will sell, service, and deliver; at National City, New/Unused 2011 Ford Crown Victoria Police Sedan's responding to the attached specifications for $23,845.00 each plus tax $8.75 tire fee and $175.00 freight. Price includes "Uo Rhino" Push Bumper (installed) These vehicles are available under the cooperative purchase provision of the County of Los Angeles contract #DPO-S.H-11323318-1. Delivery is (10) days A.R.O. 'ferns are Net (30) days. Sincerely, 4/6 e Connell ondries Fleet Group Fleet Manager i: 7S kx.164-7 f7S.vV TOYOTA 143 } O1\T©A. LOS ANGELES COUNTY SHERIFF PURCHASE ORDER `C., ,,, .. :7' ORDER NUMBER PO-SH-11323318-1 AWARD DATE 06/01/11 BILL TO: SHERIFF COMM & FLEET MGMT BUREAU 15757 1104 N. EASTERN AVENUE DOOR #50 LOS ANGELES CA 90063 ALL TERMS AND CONDITIONS IN THE SOLICITATION ARE PART OF THIS ORDER AS IF FULLY REPRODUCED HEREIN. ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: Contact: Anet Simonian Phone: 323-267-2215 Email: asimonian@isd.lacounty.gov VENDOR NAME,STREET,CITY,STATE,ZIP CODE: BOB WONDRIES FORD 400 S. ATLANTIC BLVD. P.O. BOX 1131 ALHAMBRA CA 91801-3642 SHIP FOB DESTINATION TO:(UNLESS SPECIFIED ELSEWHERE) COMM & FLEET MGMT BUREAU 15757 1104 N. EASTERN AVENUE DOOR #50 LOS ANGELES CA 90063 PROCUREMENT FOLDER : 246045 CONTACT FOR DELIVERY INSTRUCTIONS (NAME, TELEPHONE) COMM AND FLEET MGMT BUREAU DELIVERY DATE 09/26/11 FOB POINT FOB Destination, Freight Prepaid and Allowed AGENCY REO. NUMBER 15757P CONTRACT NUMBER TOTAL AMOUNT OF ORDER $2,752,417.25 DATE PRINTED 05/23/2012 VENDOR NO. 042117 PROMPT TERM 1 TERM 2 TERM 3 TERM 4 PAYMENT DISCOUNT: 1000 DISCOUNT: DISCOUNT: DISCOUNT: TERMS DAYS: 30 DAYS: 0 DAYS: 0 DAYS: 0 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED AMOUNT 1 NOTICE TO VENDOR: ALL ITEMS LISTED ON VENDOR PACKING SLIPS AND INVOICES MUST REFLECT THE CORRESPONDING PURCHASE ORDER COMMODITY LINE NUMBER. ALSO, THE ORDER NUMBER MUST BE REFERENCED ON ALL PACKING SLIPS AND INVOICES. COMMODITY CODE: 070-06-00-0000000 SUPPLIER PART NO: SALES TAX AMOUNT: DESCRIPTION: MAKE/MODEL: 2011 FORD P7B VEHICLE - SEDAN, POLICE PACKAGE, FRONT ENGINE, 4.6 LITER / V-8 ENGINE, 4-SPEED AUTO, BLACK & WHITE - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. VEHICLE SHALL BE TESTED AND CERTIFIED AS "HIGH SPEED POLICE PACKAGE VEHICLE" AT THE LASD'S MOST RECENT ANNUAL "LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM." ADDITIONAL SHIPPING INFORMATION : 100.000 EA $ 25,071.000 $ 2,507,100.00 $ 244,442.25 COUNTY OF LOS ANGELES PRICE SHEET PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 2 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED AMOUNT 2 COMMODITY CODE: 070-06-00-0000000 SUPPLIER PART NO: SALES TAX AMOUNT: DESCRIPTION: NEW TIRE TAX FEE (5 TIRES x 100 VEHICLES) - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. VEHICLE SHALL BE TESTED AND CERTIFIED AS "HIGH SPEED POLICE PACKAGE VEHICLE" AT THE LASD'S MOST RECENT ANNUAL "LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM." Prices are exclusive of federal excise tax. Exempt Certificate No. 95 7400 14K. Terms and conditions are in accordance with Solicitation RFB-IS-11201188. Delivery: 100 Days ARO REFERENCE: RQN #: 11020011 FA APPROVAL CODE: 11 FX87143 FUND: A01 UNIT: 15757 - COMM. & FLEET MGT. BUREAU OBJECT CODE: 6049 (FIXED ASSET) ACTIVITY CODE: PVEH FUNDED BY: CFMB GENERAL FUNDS - FIXED ASSET VEHICLE ASSIGNMENT: VARIOUS UNITS ADDITIONAL SHIPPING INFORMATION : 500.000 EA $ 1.750 $ 875.00 $ 0.00 STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 3 COUNTY OF LOS ANGELES FEDERAL TAX EXEMPTION CERTIFICATE The undersigned hereby certifies that he is a deputy purchasing agent of the county of Los Angeles. A political subdivision of the State of Califomia, that he is authorized to execute this certificate and that the article or articles indicated in this purchase order are for exclusive use of the county of Los Angeles, a political subdivision of the State of California. It is understood that the exemption from tax in the case of sales of articles under this exemption certificate to the states or political subdivisions thereof, is limited to the sale of articles purchased for their exclusive use and it is agreed that if articles purchased tax free under this exemption certificate are used otherwise or are sold to employees or others, such fact must be reported by me to the vendor or the article or articles covered by this certificate. It is also understood that the fraudulent use of this certificate to secure exemption will subject the undersigned and all guilty parties to a fine of not more than $10,000 or to imprisonment for not more than five years, or both, together with cost of prosecution. County purchasing Agent By This certificate is applicable only when signed by an authorized person. TERMS AND CONDITION OF PURCHASE 1. CONDITIONS OF PURCHASE: This order shall be in accordance with these terms and conditions and any attachments here to. No other conditions or modifications of these terms and conditions will be effective unless specifically agreed to in writing by the county of Los Angeles ("County") Purchasing Agent. Failure of County to object to provisions contained in any acknowledgment, document or other communications from vendor shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision. 2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a written agreement for this purchase may, at county's discretion, result in additional handling costs being deducted from Vendor's invoice. Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the account of Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order number must be on all shipping documents and containers. 3. INVOICES: Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the Purchase Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show units and unit prices. Invoices still not be paid unless and until the requirements have been fully met. When price shown is delivered price, all transportation and delivery charges must be prepaid in full to destination. 4. PRICE/SALES TAX: Unless otherwise specified herein, the prices herein do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc. shall be allowed unless specified herein. 5. PAYMENT TERMS: Unless other wise specified herein, payment terms are net 30 days from the date County receives a correct and proper invoice. In no event shall County be liable for any late charges. Cash discount periods shall be computed either from the date of delivery and County's acceptance or the date of County's receipt of correct and proper invoices, whichever date is later, prepared in accordance with the terms herein. 1' STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 4 6. WARRANTIES: Vendor shall, at no cost to County, promptly correct any and all defects in the items/services provided hereunder. Vendor shall also reimburse County for any costs incurred as a result of defect(s). The term of this warranty shall be as set forth in the Purchase Order, or if no term is shown, ninety (90) days from the date of County's acceptance of the item/service. Vendor warrants that items may be shipped, sold and used in a customary manner without violation of any law, ordinance, rule or regulation of any government or administrative body. 7. CANCELLATION: Unless otherwise specified herein. County may cancel all or part of this Purchase Order and or Contract at no cost and for any reason by giving written notice to vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation change not exceeding one percent (1 %) of the value of the cancelled portion of the Purchase Order and/or Contract may be charged to The County on any cancellation with less than thirty (30) calendar days prior written notice. 8. HAZARDOUS MATERIALS: Vendor warrants that it complies with all federal, state and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances. 9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing this Purchase Order or favorable treatment with respect to any determination concerning the performance of this Purchase Order. In the event of breach of this warranty, County shall be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue•in the event of Vendor's default. 10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with county enables such employee to influence the award of the Purchase Order or any competing agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest in this Purchase Order, No officer or employee of Vendor, who may financially benefit from the award of this Purchase Order shall in any way participate in County's approval or ongoing evaluation of this purchase. 10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facts,. which create a conflict of interest. If Vendor hereafter becomes aware of any facts, which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to county. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevantci rcumstances. 11. GOVERNING LAW AND VENUE: This Purchase Order shall be governed by and construed in accordance with the laws of the state of Califomia. Vendor agrees and consents to the exclusive jurisdiction of the courts of the state of California for all purposes regarding this Purchase order, and further agrees and consents that venue of any action hereunder shall be exclusively in the County of Los Angeles, California. 12. INDEMNIFICATION: Vendor shall indemnify, defend and hold harmless County, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever arising from or connected with Vendor's operations, goods and/or commodities or services provided hereunder. This indemnity shall include, but not be limited to, claims for or by reason of any actual or alleged infringement of any United States patent or copyright or any actual or alleged trade secret disclosure. s STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 5 13. DEFAULT: The County may, by written notice to the Vendor, terminate the Purchase Order, if, in the judgment of the County: a. Vendor has materially breached the Purchase Order; or b. Vendor fails to timely provide and/or satisfactorily perform any task, deliverable, service. or other work required under the Purchase Order or fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Purchase Order and in either case, fails to demonstrate convincing progress toward a cure within ten (10) working days, (or such longer period as the county may authorize in writing) after receipt of written notice from the County specifying such failure. In the event that the County terminates the Purchase Order, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 14. INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to any person or circumstance is held invalid, the remainder of this Purchase Order and the application of such provisions to other persons or circumstances shall not be affected thereby. The rights and remedies provided herein shall not be exclusive and are in addition to any other rights and remedies in law or equity. 15. COMPLIANCE WITH LAWS: The Vendor shall comply with all applicable provisions of Federal. State and Local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase Order are hereby incorporated herein by reference. The Vendor shall indemnify and hold harmless the County from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or directives 16. NONDISCRIMINATION: By acceptance of this Purchase Order, vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to or because of race, religion, ancestry, national origin, disability or sex and in compliance with all applicable Federal and State anti -discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its subcontractors, bidders or Vendor without regard to or because of race, religion, ancestry, national origin, disability or sex. Vendor shall allow the County access to its employment records during the regular business hours to verify compliance with these provisions when so requested by the County. If the County finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which the County may determine to cancel, terminate, or suspend the Purchase Order. The parties agree that in the event the Vendor violates the anti -discrimination provisions of the Purchase Order, the County shall, at its option and in lieu of termination or suspending this Purchase Order, be entitled to liquidated damages, pursuant to California Civil Code Section 1671, of the greater of ten percent (10%) of the Purchase Order amount or One Thousand Dollars ($1,000). 17. FORCE MAJEURE: Neither party will be liable for delays in performance beyond its reasonable control, including, but not limited to, fire, flood, act of God or restriction of civil or military authority 18. NON -EXCLUSIVITY: Nothing herein is intended nor shall it be construed as creating any exclusive arrangement with Vendor. This Purchase Order shall not restrict the purchasing Agent from acquiring similar, equal or like goods and/or services from other entities or sources. STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR: BOB WONDRIES FORD PAGE 6 19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase Order do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. 20. WAIVER: No waiver by the County of any breach of any provision of this Purchase Order shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Purchase Order shall not be construed as a waiver thereof. The rights and remedies set forth in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 21. ACCEPTANCE: Unless explicitly stated by County as otherwise, county may conduct, at its location or any other County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The acceptance test period shall not exceed thirty (30) days from receipt of such item by County. County may, at its sole discretion, reject all or any part of items or services not conforming to the requirements/specifications stated in this Purchase Order. 22. SPARE PARTS: Unless otherwise set forth herein, Vendor shall make spare parts available to county for a period of two (2) years from the date of delivery of the items to County; If Vendor is unable to so provide spare parts, it shall provide County with the name(s) of Vendor's suppliers so that County may attempt to procure such parts directly. In the event of such unavailability. Vendor shall provide, at no cost, reasonable assistance to County in obtaining spare parts. 23. ENTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any attachments hereto, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. This Purchase Order shall not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade. Only county's Purchasing Agent can make changes or modifications by issuance of an official change notice. 24. INDEPENDENT CONTRACTOR STATUS: This Purchase Order is by and between the County and the Vendor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee. partnership, joint venture, or association, as between the County and the Vendor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. The Vendor shall be solely liable and responsible for providing to,or on behalf of, all persons performing work pursuant to this Purchase Order all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, Federal, State or Local Taxes, or other compensation, benefits, or taxes for any personnel provided by, or on behalf of the Vendor. The Vendor understands and,agrees that all persons performing work pursuant to this Purchase Order are, for purposes of workers Compensation liability; solely employees of the Vendor and not employees of the County. he Vendor shall be solely liable and responsible for furnishing any and all Workers compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the vendor pursuant to this Purchase Order. 25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to county free from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order. 26, TAX EXEMPT STATUS: Tax exempt items shall be clearly listed and identified. STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 7 27. COUNTY LOBBYISTS: The, Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code section 2.160.910 retained by the Vendor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160, Failure on the part of the Vendor or any county Lobbyist or county Lobbying firm: retained by the Vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material beach of this Purchase Order, upon which the County may in its sole discretion, immediately, terminate or suspend this Purchase Order. 28. CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS: Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the Vendor shall give consideration for such employment openings to participants in the county's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for work (GROW) Program who meet the Vendor's minimum qualifications for the open position. For this purpose, consideration shall mean that the Vendor will interview qualified candidates. The County will refer GAIN/GROW participants by job category to the Vendor. In the event that both laid -off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority. 29. TERMINATION FOR IMPROPER CONSIDERATION: The County may, by written notice to the Vendor, immediately terminate the right of the Vendor to proceed under this Purchase Order if it is found that consideration, in any form, was offered or given by the, Vendor, either directly or through an intermediary, to any county officer, employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the award; amendment, or extension of this Purchase Order or the making of any determinations with respect to the Vendor's performance pursuant to this Purchase Order In the event of such termination, the County shall be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the vendor. The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor -Controller's Employee Fraud Hotline at (213) 974-0914 or (800) 544-6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel, entertainment, or tangible gifts, or the promise of any of these. 30. SAFELY SURRENDERED BABY LAW; The Contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafela_org for printing purposes. 31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through Contracts/purchase Orders are in compliance with their court -ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxayers. As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor's duty under this Contract/purchase Order to comply with all. applicable provisions of law, the Contractor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 use Section 653a) and California unemployment Insurance Code Section 1088.5, and shall implement all lawfuly served Wage and Eamings Witholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of civil Procedure Section 706.031 and Family Code Section 5246{b}. 8 STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 8 TERMINATION FOR SREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" shall constitute default under this Contract/Purchase Order. Without limiting the rights and remedies available to COUNTY under any other provision of this contract/purchase order, failure of CONTRACTOR to cure such default within ninety (90) calendar days of written notice shall be grounds upon which COUNTY may terminate this contract/purchase order pursuant to "VENDOR'S RESPONSIBILITY AND DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County code, Chapter 2.202. 32. PAYROLL RECORDS: Wherever required, the Contractor shall comply with the requirements of Section 1776 of the Labor Code, State of Califomia, including maintaining payroll records as enumerated in Subdivision (a). The Contractor and the Contractor's subcontractors shall be responsible to maintain, and make readily available for inspection purposes, a copy of all certified payroll records for each work project associated with or obtained by the County under this or any future or successive County Agreement, Contract or Purchase Order. All certified payroll records shall indicate that the wage rates are not less than those determined by the State Division of Industrial Relations, and that the classifications set forth for each laborer or mechanic conform with the work that he/she performed. The Contractor shall be responsible for the submission of copies of payrolls for all subcontractors, upon request by the County, arising from and/or relating to any Agreement formulated as a result of this inquiry. Certified payroll shall be submitted upon request and shall include: A. Original Document B. Company Name & Address C. Account Number/Project Number D. Project Name and Address E. Authorizing county Department and Purchase Order or Contract Number F. Period of Time in which Work is Being Performed G. Employee Name, Address and Social Security Number H. Work Classification, Including SUb-classification I. Hours Paid J. Rate of Pay K. Deductions L. Payroll Check Number M. Benefits N. Signature of Employee Authorized to Certify Payroll Prevailing wage Scale Wherever required: A. The Contractor shall comply with all provisions of the Labor Code of the State of California. B. Under the provisions of said Labor Code. the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft. classification or type of workers or mechanic needed to execute any Contract that may be awarded by the County. C. Particulars of the current prevailing wage Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or his/her subcontractor. STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 9 D. Current prevailing wage rates may be obtained at: wwww.dir.ca.gov/DLSR/PWD/Apprentice.htm Division of Labor Standards Enforcement 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 (415) 703-4810 CONTRACTOR RESPONSIBILITY AND DEBARMENT 1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business only with responsible contractors. 2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible. The County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the county. 3. The County may debar a contractor if the Board of Supervisors finds, in its discretion,that the Contractor has done any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattem or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. 4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed, decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal. 6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board. 7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors 1a STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 10 PROHIBITION AGAINST USE OF CHILD LABOR VENDOR shall: 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country/countries of origin of any products, goods, supplies or other personal property bidder sells or supplies to COUNTY, and 3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply. Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this purchase Order or termination of this Agreement and award to an alternative vendor. A. Jury Srvice Program. This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code. B. Written Employee Jury Service policy. 1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the county code) or that contractor qualifies for an exception to the Jury Service program a(Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employee shall receive, from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such jury -service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposses of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received ro will receive an aggregate sum of $50,000 or more in any 12-month period under one or more County. Contracts or subcontracts, "Employee" means any California resident who is a full time employee of Contractor. "Full Time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recongnized industry standard and is approved as such by the county. If Contractor uses any subcontractor to perform services for the County under the Contract, The subcontractor shall also be subject tot he provisions of this section. The provisions of this Section shall be inserted into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement. 3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Srvice Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program, In either event, Contractor shall immediately implement a written policy consistent with the Jury Service Program, The County may also require, at any time during the Contract and at its sole discretion, that Contractor demonstrate to the county's d/or STANDARD TERMS & CONDITIONS PURCHASE ORDER ORDER NO: PO-SH-11323318-1 VENDOR NO: 042117 VENDOR : BOB WONDRIES FORD PAGE 11 that contractor continues to qualify for an exception to the program. 4. Contractor's violation of this Section of the contract may constitut a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of funture contracts for a period of time consistent with the seriousness of the breach. PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goods received by, or services provided to the County specific to the Contract or Purchaae Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. ASSIGNMENT BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole orin part, without the. prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor may have against County. B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities; obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. Window Sticker - 201.1 CROWN VICTORIA Page 1 of 2 Pint WIN:101'Y sticlier Disclaimer: This window sticker is only representative of the information contained on an actual window sticker; and may or may not Snatch the actual window sticker on the vehicle itself. Please see your retailer forfurther information. Vehicle Description CROWN 2011 POLICE INTERCEP VICTORIA 4.6L OHC SEFI V8 FLEX FUEL ENG ELECTRONIC AUTO O/D TRANS Standard Equipment INCLUDED AT NO EXTRA CHARGE EXTERIOR HUB CAPS COLOR KEYED BODY SIDE CONVENTIONAL SPARE TIRE . P235l55R17 BSW TIRES INTERIOR . AIR COND/REAR DEFROST . CLOTH BUCKET FRONT SEATS . POWER WINDOWS, LOCKS AND MIRRORS . WINDOW EXPRESS DOWN . TILT STEERING WHEEL . VINYL BENCH REAR SEAT FUNCTIONAL . 3.27 REAR AXLE RATIO . ENGINE IDLE METER . HEAVY DUTY BATTERY . HEAVY DUTY FLOOR COVERING . HEAVY DUTY SHOCK ABSORBERS . HEAVY DUTY STABILIZER BARS CITY MPG 14 HIGHWAY MPG 21 Estimated Annual Fuel Cost: $ 2,646 HEAVY DUTY SUSPENSION LIGHT BAR CONNECTOR . POWER STEERING SAFETY/SECURITY . ANTI -LOCK BRAKING SYSTEM . BATTERY SAVER FEATURE DRIVER/PASSENGER AIR BAGS FAIL-SAFE COOLING SYSTEM TIRE PRESSURE MONITOR SYS WARRANTY . 3 YR/36,000 MILES 5YR/60,0010 POWERTRAIN VIN 2FABP7BV0BX175963 Exterior BLACK Interior CHARCOAL BLACKCLOTH BUCKETSNINYL REAR SEATS Price Information STANDARD VEHICLE PRICE Included on this Vehicle ORDER CODE 720A•POL INTR 32 DUAL EXHAUST SYSTEM 17" STEEL SPARE WHEELlTIRE MANUAL AIR CONDITIONING ENGINE IDLE METER Optional Equipment 2011 MODEL YEAR BLACK VIBRANT WHITE ACCENT PAINT CHARCOAL CLT FRTNINYL RR .4.6L OHC SEFI V8 FLEX FUEL EN .ELECTRONIC AUTO O/D TRANS .P235/55R17 ALL SEAS BSW FRONT LICENSE PLATE BRACKET 6-WAY POWER DRIVER'S SEAT 50 STATE EMISSIONS KEYED ALIKE -KEY CODE 1284X COURTESY LAMPS DISABLED DRIVER AND PASSENGER SPOT LAMP NOISE SUPPRESSION BOND STRAPS DECKLID RELEASE ON IP AND DOOR SMOKERS PACKAGE REAR DR HNDL AND LOCKS INOPR REAR DOOR POWER WINDOW DELETE TUTONE #1 FRT BODYSIDE MLDG UNINSTALLED MSRP $27,440 380 50 20 340 95 60 10 25 25 885 30 TOTAL VEHICLE & OPTIONS 29,360 DESTINATION & DELIVERY 875 TOTAL MSRP $30,235 Disclaimer; Option pricing will be blank for any Item that Is priced as 0 or "No Charge". Vehicle Engine Information Actual mileage will vary with options, driving conditions, driving habits and vehicle's condition. Results reported to EPA indicate that the majority of vehicles with these estimates will achieve between 11 and 17 mpg in the city and between 17 and 25 mpg on the highway. For Comparison Shopping all vehicles classified as Large Cars have been issued mileage ratings from 10 to 21 mpg city and 14 to 31 mpg highway. httn://www.vl.dealerconnectinn com/fTherv/WindowSticker aan7vin=7 F A F;P7RV fRY 175Q 13 1•1201188.xls Solicitation # RFB-IS-11201188 Requisition # RQN-SH-11020011 Dept: Sheriff Vendor srt:.:,:=;:s_.Wdnddes....,w4.r;"' 2011 Ford P7B Model: Delivery: .100 D SSE? no Price Quoted $25,071.00 Discount Offered 10.00% Discount Amount $2.507.10 Subtotal $22,563.90 SBE Adjustment $0.00 Adjusted Subtotal $22,563.90 Sales Tax $2,200.0 MPG 0.0 Fuel Cost $0.0 Net Total Each $24,763.9 Qty Purchased 100 GRAND 01388.03 Page 1 of 1 L+• pUCt-y fitr e x vv •t- Cy. .ti�i.Zzd Si--tt ooib%tJ 5/26/2011 AS Vendor No. REQUEST FOR BID INTERNAL SERVICES DEPARTMENT OLA Z-I I1 Please Mail to: Wondries Fleet Group 1247 W. Main Street Alhambra, CA 91801 tnn SOLICITATION : RFB-IS-11201188-1 BID DUE: 05/26/11 12:00:00 PM RETURN BID TO ADDRESS BELOW INTERNAL SERVICES DEPARTMENT ISO CENTRAL PURCHASING 1100 N EASTERN AVENUE RM 103 HID ROOM 1ST FLOOR LOS ANGELES CA 90063 BUYER BUYER PHONE DATE ISSUED REQ. DEPARTMENT AGENCY REQ. NO. REQ. NO. FISCAL YEAR SCHEDULED BEGIN DATE SCHEDULED END DATE AnetZ67-22Simon3215n : 35/12/11 : IS : 15757P RQN-SH-11020011 NUMBER OF COMMODITY LINES t 2 PROCUREMENT FOLDER : 246045 15757P - VEHICLE - SEDAN, B/W - SPECS /019 iN10 TO BE COMPLETED BY VENDOR '.. DELIVERY WILL BE MADE IN THIS NUMBER OF DAYS AFTER RECEIPT OF ORDER. f 2. CASH DISCOUNT Y t --Ali- DAYS. CASH DISCOUNT OF LESS THAN 30 DAYS OR 2STH PROX. WILL BE CONSIDERED AS NET IN EVALUATING THIS BID. 3. BID BOND ATTACHED: CERTIFIED CHECK ATTACHED: OTHER ATTACHMENTS: 4. BID REFERENCE NUMBERx(1 J9/� .O IIv P/ACTHIS NUMBER WILL APPEAR ON RESULTING ORDER OR CONTRACT). 5. PLEASE REMOVE FROM THIS COMMODITY CODE: 4� G�.� ` 6. FEIN OR SOCIAL SECURITY# REQUIRED: l r •r IMPORTANT •* IN ORVENDORS APE ANGELESREQUIRED VENDORERREGISTERED 421TH THE EGISTRAT ON NEBSITS COUNTY OF LOS ANGBLE9. VENDORS MAY REGISTER ONLINE ON THE COUNTY H11P://CAMTSVN.CO,LA.CA.US/WEBVEN/ USE OF A BRAND NAME AS SPECIFICATION IS NOT INTENDED TO RESTRICT COMPETITION. QUOTE IN ACCORDANCE WITH SPECIFICATION OR ON YOUR ALTERNATE. ALTERNATE OFFERS TO MEET FUNCTIONAL REQUIREMENTS, ADEQUATELY SUPPORTED BY LITERATURE AND YOUR STATEMENT WHEREIN SPECIFICATIONS DIFFER, WILL BE CONSIDERED FOR FUTURE PURCHASE, OR WHEN FEASIBLE, FOR THIS PURCHASE, VENDORS ARE REQUIRED TO ENTER THEIR COMPANY NAME IN THE SPACE PROVIDED AT THE TOP OF EACH PAGE ON THIS SOLICITATION. VENDOR PHONE NUMBER: SIGN (MUST BE SIGNED) t2tQT R y�i--55 RE OF BIDDER: lc TITLB: FI -e moAna a,er 15 DATE: STANDARD TERMS & CONDITIONS afitopsejiali to: Wondries Fleet Group REQUEST FOR BID SO NO- RFB-IS-112011B8-1 BID DUE: 05/26/11 12:00:00 PM PAGE 2 1. InvitfWb.a�pevered to County Purchasing Agent by 12:00 noon an the date shown above; at which ime it will a opens an , if requested, publicly read. Requests for Quotations are to be delivered .�g to CountAIMO OItyallaird time shown above. There will be no public opening or reading of these quotatioMS top left -band corner of this document.) 2. A11 bids shall be typewritten or in ink. No erasures permitted. Mistakes shall be crossed out and corrections typed/inked adjacent, dated and initialed. 3. State brand name or make on each item. If quoting other than item specified, include the manufacturer's name, a product description and model number. 4. Bid each item separately. prices must be stated in unite specified hereon. 5. Each bid must be in a separate sealed envelope with both the bid number and closing date plainly visible on the envelope. Bid must be received at the place, time and on the date specified. Bidders are responsible to assure each bid is properly marked and timely delivered. County assumes no financial obligations for preparation and submittal of hid. submit bide as indicated hereon. Bidder shall be solely responsible for understanding the specifications and requirements. 6. Time of delivery is a part of the consideration and must be stated in definite terms and adhered to. If time varies on different items, bidder shall so state in the column provided opposite the item. Unless otherwise noted, "days for delivery" or "days from receipt of order' mean calendar days. 7. An authorized officer or employee must sign with the Firm's name on all bids. obligations assumed by such signature must be fulfilled. 8. Unless otherwise definitely specified, prices bid shall not include sales or use taxes. Bidder shall provide either the serial number or its retailer's permit to engage in business as a seller (if a CA company). Without one of these numbers, County will not pay sales/use tax direct to any vendor. If vendor is outside CA, the County will pay sales tax directly to the State. 9. All charges, e.g., packing and installation, must be included in the bid. No charges will be allowed unless specified in the bid. 10. County reserves the right to waive, at its sole discretion, any formality in the bidding or evaluation in order to expedite the process. accommodate minor error, or respond to unforeseen circumstances, and to reject any or all bide and to reject any items thereon. County may, at its sole discretion, cancel this solicitation at any time prior to award. 11. Section 2873 of the California Government code prohibits County from purchasing goods, wares or merchandise manufactured or produced or mined, in whole or in part, by state prisoners in states other than California, except prisoners on probation or parole. Your signature to your bid will be considered certification of full compliance with the Section. 12. If required, samples of items *hall be furnished at no cost. Samples are not returnable; County will dispose of at its discretion. Unless specifically requested, bidders shall not submit samples. Coat of testing will be as stated herein. 13. Bids are subject to acceptance at any time. within 30 calendar days of the closing date stated hereon, unless otherwise specifically stipulated. 14, County shall not return bids for change/correction after receipt. 15. Insurance, surety and performance bonds shall be in the amounts set forth hereon. 16. A11 factors being equal and to the extent authorized by law, County shall prefer products grown, manufactured or produced in the County of Los Angeles, and then in the State of California. To qualify for such preference, bids must definitely and conspicuously state whether the items are wholly or partially grown, manufactured or produced in the County of Los Angeles or the State of California. 17. Bids must include employer's identification number as assigned by the U.S. Treasury Department. 18. If you do not bid, return this solicitation ("Request") and state reason. or if you do not respond or do not submit a bid for (3 consecutive Requests, you may, at County'* sole option, be removed from the mailing list. 19. Inspections and examinations or failure to so do is at bidder's sole risk. The specifications set forth herein are controlling and supersede any other information, oral or written, regarding this acquisition. STANDARD TERMS & CONDITIONS oleasp Matt to: c°"PW6Arittles Fleet Group 1247 W. Merin Street .. , . REQUEST FOR BID SO NO'': RFB-IS-11201188-1 BID DUE: 05/26/11 12:00:00 PM PAGE 3 20. Changes or mo ifica a j���jj a),i,..ficationa or conditions to this Request shall only be made by issuance of a written ft j�-�y�{sl being Agent. No other change or modification, regardless of source, shall be bind lE1gr'ek weed to bid only as set forth in this Request. 21_ The purchase, if any, resulting from the Request shall be governed by the County's terms and condition which are attached hereto. Unless County specifically agrees in writing, any other terms and conditions shall have no force or effect. 22. No County employee whose position in County service enables him/her to influence any award to your offer any competing offer, and no spouse or economic dependent of such employee, shall be employed in any capacity by the bidder herein, or have any other direct or indirect financial interest in any transaction resulting from this Request. 23. County reserves the right to designate the transportation carrier when common carriers are used in delivery, or make pick up by County truck if the point of origin is within the County of Loa Angeles or an adjacent county. Failure to adhere to shipping terms as specified on the purchase order or written agreement will result in deduction of additional handling costs from the invoice(s). 24. County may, at its sole option, select other than the low price bidder if, as solely determined by County, another bid is a more responsible and responsive offer. 25. County reserves the right to negotiate price, terms and conditions with the selected vendor. 26. This Request is a solicitation only, and is not intended or to be construed as an offer to enter into any contract or other agreement. No acquisition can be made without a purchase order. 27. county reserves the right to conduct a reasonable inquiry to determine the responsibility of a bidder. The unreasonable failure of bidder to promptly supply information in connection with such inquiry, including, but not limited to, information regarding past performance, financial stability and ability to perform on schedule, may, at County's discretion, be grounds for a determination of non -responsibility. 28. Community based enterprises are encouraged to bid. It is the County's policy that on final analysis and award, the Vendor shall be selected without regard to gender, race, creed or color. 29. All bids must include a complete "Request for Local SBE Preference Program Consideration and CBE Firm/organization Information Form" and "Attestation of Willingness to Consider Gain/Grow Participants Survey" attached hereto. Bids not including completed forms may, at county's option, be returned or the bidder may be required to provide complete forms prior to consideration. 30. Wherever possible, vendors are encouraged to subcontract portions of the work to responsible and qualified community Business Enterprise owned businesses and/or entities. 31. Bidders are reminded to thoroughly review all solicitation documents. 32. Prior to bid award, County reserves the right to request clarification of any bid. 33. The offering of gifts, excluding token gifts of a promotional/advertising nature, or gratuities by bidder or any other agent or representative of bider is strictly Prohibited. 39. Each person by submitting a response to this solicitation certifies that ouch bidder/proposer and each County lobbyist and County lobbying firm, as defined by Los Angeles Code Section 2.160.010, retained by bidder/proposer is in full compliance with Chapter 2.160 of the Los Angeles County Code. A copy of Chapter 2.160 can be reviewed and downloaded from the following webaite:. http(//boa.co.la,ca.us/categories/Lobinfo/Ordinance.htm. 35. Subsequent to the County's evaluation, bide/proposals which were required to be submitted in response to the solicitation process became the exclusive property of the County. All such documents become a matter of ublic record and shall be regarded as public records. Exceptions will be those elements in the California Government Code section 6250 et. seq. (Public Records Act) and which are marked "trade secret", ^confidential", or "proprietary". The County shall not in any way be liable or responsible for the disclosure of any such records, including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent juriediction.In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked "trade secret", "confidential", or "proprietary" the Vendor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. 36. County's Quality Assurance Plan. The County or ite agent will evaluate Contractor's performance under this agreement on not less than an annual basis. Such evaluation will include ' g Contractors compliance with all contract terms and performance standards. Contractor deficiencies which County determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penalties as specified in this agreement. 37. Bidder shall not and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County without the County's prior written consent. 38. Bidders/Proposers Adherence to County's Child Support Compliance Program Bidders/proposers shall 1) fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees; and 2) comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance during the term of any contract that may be awarded pursuant to this solicitation. Failure to comply may be cause for termination of a contract or initiation of debarment proceedings against the non -compliant Contractor (County Code Chapter 2.202). 1'7 STANDARD TERMS & CONDITIONS plpase Mail to: �ONWb ir9es Fleet Group 12 7W Mein Slreet REQUEST FOR BID SO NO:RFB-IS-11201188-1 BID DUE: 05/26/11 12:00:00 PM PACE 4 A'�BEfp 1 ifILLTER 5 AND CONDITIONS L0 PURCHASTERMS AND CDNOITIONS OF PURCHASE: SUBJECT TO1. CONDITIONS of PURCHASE; This order shall be in accordance with these terms and conditions and any attachments hereto. No other conditions or modifications of theee terms and conditions will be effective unless specifically agreed to in writing by the County of Los Angeles ("County) Purchasing Agent. Failure of County to object to provisions contained in any acknowledgment, document or other communication, from Vendor shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision. 2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a written agreement for this purchase may, at County's discretion, result inadditional handling costs being deducted from Vendor's invoice. Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the account of Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order number must be on all shipping documents and containers. 3. INVOICES; Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the Purchaae Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show unite and unit prices. Invoices will not be paid unless and until the requirements have been fully met. When price shown is a delivered price, all transportation and delivery charges must be prepaid in full to destination. 4. PRICE/SALES TAX: Unless otherwiee specified herein, the prices herein do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc., shall be allowed unless specified herein. 5. PAYMENT TERNS: Unless otherwise specified herein, payment terms are net 30 days from the date County receives a correct and proper invoice. In no event shall County be liable for any late charges, Cash discount periods shall be computed either from the date of delivery and County'e acceptance or the date of County's receipt of correct and proper invoices, whichever date is later, prepared in accordance with the terms herein. 6. WARRANTIES: Vendor shall, at no cost to County, promptlycorrectany and all defects in the items/services provided hereunder. Vendor shall also reimburse County for any coats incurred as a result of defect(s). The term of this warranty shall be ae set forth in the Purchase order, or if no term is shown, ninety [90) days from the date of County's acceptance of the item/service. Vendor warrants that items may be shipped, sold and used in a customary manner without any violation of any law, ordinance, rule or regulation of any government or administrative body. 7. CANCELLATION; Unless otherwise specified herein, County may cancel all or part of this Purchase Order and/or Contract at no cost and for any reason by giving written notice to Vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation charge not exceeding one percent (1+) of the value of the cancelled portion of the Purchase Order and/or Contract may be charged County for cancellation with leas than thirty (30) daye prior written notice. 0. HAZARDOUS MATERIALS: Vendor warrants that it complies with al] Federal, State and local laws, rules, ordinances and regulations concerning hazardous materiels and toxic substances. 9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by Vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing this Purchase Order or favorable treatment with respect to any determination concerning the performance of this Purchaae Order. In the event of breach of this warranty, County shall be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of Vendor's default. 10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with County enables such employee to influence the award of the Purchase Orderor any competing agreement,and no spouse or economic dependent of such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest in this Purchase Order. No officer or employee of Vendor, who may financially benefit from the award of this Purchase Order shall in any way participate in County's approval or ongoing evaluation of this purchase. 10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facto which create a conflict of interest. If Vendor hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. 11_ GOVERNING LAW AND VENUE: This Purchase Order shall be governed by and construed in accordance with the laws of the State of California. Vendor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Purchase Order, and further agrees and eonsente that venue of any action hereunder shall be exclusively in the County of Loa Angeles, California. 12. INDEMNIFICATION: Vendor shall indemnify, defend and hold harmless County, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever arising from or connected with Vendor's operations, goods and/or commodities or services provided hereunder. This indemnity shall include, but not be limited to, claims for or by reason of any actual or alleged infringement of any United States patent or copyright or any actual or alleged trade secret disclosure. STANDARD TERMS & CONDITIONS MeseAkitill to: Wondries Fleet Group REQUEST FOR BID SO NO i RFB-IS-11201188-1 BID DUE: 05/26/11 12:00:00 PM 1 PAGE 5 13. DEFtELCTee tounty1aay� oyr wTltten notice to the Vendor, terminate the Purchase Order, if, in the judgment of the ACQpntyrnbra CA 91$01 �a. Vendor has materially breached the Purchase Order; or b. Vendor faila to timely provide and/or satisfactorily perform any task, deliverable, service, service, or other work required under the Purchase eye Order or fails to demonstrate a high probability of timelysfulfillment l fillment o of performance requirements, toward abcuretwiitphinftenthe {101Purchase workingOrder dayaand (ornsucheither longereperiod as the County may convincing grog may authorize in writing) after receipt of written notice from the County specifying such failure. In the event that the County terminates the Purchase Order, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 14, INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to pprovision torotcircmstance is held invalid, the herupersons or circumstances shall enotnberaffected thereby. Thee rights andr anthearemediesopplicatin of h of this Purchasprovided herein shall not be exclusive and are in addition to any other rights and remedies in law or equity. 15. COMPLIANCE WITH LANS: The Vendor shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase Order are hereby incorporated herein by reference. The Vendor shall indemnify and hold harmless the County from and against all liability, damages, a g ages, a oet. and expenses, including, but not limited to, defense costs and attoorn r y fees,subclarilise nglitm f any such late, tolan, violation on the part of the Vendor or its employees, agents, regulations, ordinances, or directives. 16. NONDISCRIMINATION: By acceptance of this Purchase Order, Vecomdor panies acertifies esland deagreesetrees hat all equallybypersons employed by it, its affiliates, subsidiaries, or holding comp, liance without regard to or because of race, religion, ancestry, national origin, disability or aex and in comp with all applicable Federal and State anti-discriminationders laws and ndrregulations. without regard VeVendor do offurther erae ofrace,certifiesand religion, agrees n, it will national deal with its n, disabilitra, the recordsnduringathe,regular8bueinees�hoursbtolverifyacompliance withlthesewproviaionsywheness to so requestedte a by County. If the County finds that any of the above proclaims have been viollated,the same sshall constituteaae material breach of contract upon which the County may determine to cancelterm Order. The parties agree that in the event the Vendor violates the anti -discrimination ppgrovisions of the berentitled to�the liquidated ydamages, ppursuantt its tto California Civil ion and in lieu of tCode nSection ation r1671, oflthe tgreater cofsten rder, percent (106) of the Purchase order amount or One Thousand Dollars ($1,000). yy 17. FORCE MAJEURE: Neither party lllbedliabl oL God or in restriction ance eibeyond its rereasonable control including, but not limited to, authority. 18. NON-EXCWSIVITY: Nothing herein is intended nor shall be construed Ise creating any exclusive arrangement wwith thsand/or V. This services purchase hase order restrict Purchasing Agent from acquiring similar, equal or like 19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase Order do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. 20. WAIVER: No waiver by the County of any breach of any provision of this Purchase Order shall eofrom time to netitute a time,r anyy pprovision ofethisor PurchasehOrderishall otlbeeconf strue edCouasta wao iverothereofa. Theirights and remedies set forth in this provision shall of be exclusive and ere in addition to any other rights and remedies provided by law or under this Purchase Order. conduct, at its location or any 21. ACCEPTANCE; Unless explicitly stated by County as otherwise, County may other County designated location and at its expense, an incoming acceptance test on all items purchased countydmaa. The itsesolecdiscretion, rejectshall allnot orxanydpart of items ors ervicescnottconformingitem to theCnnty. County Y. requirements/specifications staled in this Purchase Order. available to County for a 22. SPARE PARTS' Unless otherwise set forth herein, Vendor shall make spare parts period of two i2) years from the date of delivery of the items to County. I£ Vendor is unable to so provide In the event of Much unavailability, Vendor shall provide, at no cost, r spare parts, it shall provide County with the name(s) of Vendor's suppliers so that County may attempt, to procure such parts directly. asonable e assistance to County innobtaining spare parts. attachments hereto, constitutes the c late 23. ENTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter This PurchaseOrder OOrderashall nonot bbeeny modified, supplemented, qualified or interpreted by any priori usage of trade. Only County's Purchasing Agent can make changes or modifications by issuance of an official change notice. STANDARD TERMS & CONDITIONS COMPArPte Mali to. WonBd/prices 1pFleet Group 24. INDEPEND1 CONTRACTOR ah1 Street chi REQUEST FOR BID SO NO': RFB-IS-11201188-1 BID DUE: 05/26/11 12:00:00 PM PAGE 6 Fop se Order is by and between the County and the Vendor and is not intended, an pOt 1 =t a ��create the relationship of agent, servant, employee, partnership, joint ventu /9[1f !•', s-between the County and the Vendor. The employees and agents of one part shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. The Vendor shall be solely liable and responsible for providing to, or on behalf of, all persona performing work pursuant to this Purchase Order all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, Federal, State or Local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the vendor. The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, for purposes of Workers' Compensation liability, solely employees of the Vendor and not employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the Vendor pursuant to this Purchase Order. 25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to County free from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order. 26. TAR EXEMPT STATUS: Tax exempt items shall be clearly listed and identified. 27. COUNTY LOBBYISTS: The Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the Vendor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part -of Vendor or any County Lobbyist or County Lobbying firm retained by the vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Purchase Order, upon which the County may in its sole discretion, immediately terminate or suspend this Purchase Order. 28. CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS: Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the vendor shall give consideration for such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the Vendor's minimum qualifications for the open position. For this purpose, consideration shall mean that the Vendor will interview qualified candidates. The County will refer GAIN/GROW participants by job category to the vendor. In the event that both laid -off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority. 29. TERMINATION FOR IMPROPER CONSIDERATION: The County may, by written notice to the Vendor, immediately terminate the right of the Vendor to proceed under this Purchase Order if it is found that consideration, in any form, was offered or given by the Vendor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the award, amendment, or extension of this Purchase Order or the making of any determinations with respect to the Vendor's performance pursuant to this Purchase Order. In the event of such termination, the County shall be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the Vendor. The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor -Controller's Employee Fraud Hotline at (213) 974-0914 or (S00) 544-6661. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts, or the promise of any of these. 30. SAFELY SURRENDERED BABY LAW: The Contractor shall notify and provide to its employees, and shell, require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where end how to safely surrender a baby. The fact sheet is available on the Internet at www,babvsafela,orq for printing purposes. 31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM The Contractor acknowledges that the County bee established a goal of ensuring that all individuals who benefit financially from the County through Contracts/Purchase Orders are in compliance, with their court -ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and ite taxpayers. As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor's duty under this Contract/Purchase Order to comply with all applicable provisions of law, the contractor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code section 1080.5, and shall implement all lawfully served Wage and Earnings withholding Orders or Child Support Servicea Department Notices of Wage and Earnings Assignment for Child, Family or Spousal support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 52461b). TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" shall constitute default under this Contract/Purchase Order. Without limiting the rights and remedies available to COUNTY under any other provision of this Contract/Purchase Order, failure of CONTRACTOR to cure such default within ninety 190) calendar days of written notice ahall be grounds upon which COUNTY may terminate this Contract/Purchase Order pursuant to "VENDOR'S RESPONSIBILITY AND DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County Code, Chapter 2.202. _ab STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO :RFB-IS-11201188-1 Vesewalald to; Wondrl�eaas Fllaeet GrouP 32, PAYRf C g USI u red, the Contractor shall comply with the requirements of Section 1776 of the Labo ate of�Cgl A including maintaining payroll records as enumerated in Subdivision (a). The Con Qvdttt�_ kubcontractors shall be responsible to maintain, and make readily available for ins cop copy of all certified payroll records for each work project associated with or obtain the County under this or any future or successive County Agreement, Contract or Purchase order. All certified payroll records shall indicate that the wage rates are not less than those determined by the State Division, of Industrial Relations, and that the classifications set forth for each laborer or mechanic conform with the work that be/she performed. The Contractor shall be responsible for the submission of copies of payrolls for all subcontractors, upon request by the County, arising from and/or relating to any Agreement formulated as a result of this inquiry. Certified Payroll shall be submitted upon request and shall include: A. original Document B. Company Name & Address C. Account Number/Project Number D. Project Name and Address E. Authorizing County Department and Purchase Order or Contract Number F. Period of Time in Which Work is Being Performed G. Employee Name, Address and social Security Number R. Work Classification, Including Sub -classification i. Hours Paid J. Rate of pay K. Deductions L. Payroll Check Number M. Benefits N. Signature of Employee Authorized to Certify Payroll Prevailing wage Scale wherever required: A. The Contractor shall comply with all provisions of the Labor Code of the State of California. 8. Under the provisions of said Labor Code, the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, claaaificatinn or type of workers or mechanic needed to execute any Contract that may be awarded by the County. C. Particulars of the current Prevailing Wage Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or hie/her subcontractor. D. Current prevailing wage rates may be obtained at: BID DUE: 05/26/11 12:00:00 PM PAGE 7 or Division of Labor Standards Enforcement 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 (415) 703-4510 Records Retention and Audit, Federal or State Funded Purchases The Vendor shall maintain in good and legible condition all books, documents, papers, and records related to its performance under this Purchase Order or Agreement. Such records shall be complete and available to Los Angeles County, the State of California and officials of the Federal Government or its duly authorized representatives, during the term of the Contract and for a period of at least three years following the County's final payment under the Purchase Order or Agreement, unless other matters, such ae an audit or litigation, are not closed. A11 Purchase Order or Agreement -related books, documents, papers, and records related to the Vendor's- performance under the Purchase Order or Agreement must be retained in a manner described above until all such other matters are closed, regardless of the duration. FEDERAL EARNED INCOME CREDIT The contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. RECYCLED BOND PAPER Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the Contractor agrees to use recycled -content paper (min 301 poet -consumer waste) to the maximum extent possible on this Solicitation Response. PARTICIPATING MUNICIPALITIES At County'a sole discretion and option. County may inform other public agencies that they may acquire items listed in this agreement or purchase order. Such acquisition(a) shall be at the prices stated herein, and shall be subject to Vendor's acceptance. In no event shall County be considered a dealer, remarketer, agent or other representative of Vendor. Public entity purchase orders complete with terms and conditions shall be submitted by the public entity. Vendor authorizes County's use of Vendor's name, trademarks and Vendor provided materials in County's presentation and promotions regarding the availability of use for this agreement. County will not be liable or responsible for•any obligations, including but not limited to payment for any item ordered by public entities. County makes no representation or guarantee a to any minimum to be purchased by County or public entities. Do you agree to the aforementioned? Yes No_ STANDARD TERMS & CONDITIONS cantamelltia to: Wondries Fleet Group 1247 w. Multi StrG.st REQUEST FOR BID SO NO : RFB-IS-11201188-1 BID DUE: 05/26/11 12:00:00 PM PAGE 8 C918O1FSiDOR'S RESPONSIBILITY AND DEBARMENT A respon �r� 1 /aVeendoor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the requirements of the Purchase Order. It is the County's policy to conduct business only with responsible vendors. The Vendor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the Vendor on this or other Purchase Orders which indicates that the Vendor is not responsible, the County may, in addition to other remedies provided in the Purchase Order, debar the Vendor from bidding on any County Contracts/Purchase Orders for a specified period of time not to exceed five (5) years, and terminate any or all existing Contracts/Purchase Orders the Vendor may have with the County. The County may debar a Vendor if the Board of Supervieore finds, in its discretion, that the Vendor has done any of the following: (1) violated any term of Contract/Purchase order with the County, (2) committed any act or omission which negatively reflects on the Vendor's quality, fitneae or capacity to perform a Contract/Purchase Order with the County or.any other public entity, or engaged in a pattern or practice which negatively reflects on same, 13) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. If there is evidence that the Vendor may be subject to debarment, the Purchasing Agent will -notify the Vendor in writing of the evidence that is the basis for the proposed debarment and will advise the Vendor of the scheduled date for debarment hearing before the Contractor Hearing Board. The Contractor Bearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Vendor and/or the Vendor's representative shall be given an opportunity to Submit evidence at that hearing_ After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the Vendor should be debarred, and, if so, the appropriate length of time of debarment. If the vendor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Vendor may be deemed to have waived all rights of appeal. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervieore, The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. These terms shall also apply to the subcontractors of County Contractor/Vendor. LOCAL SMALL BUSINESS ENTERPRISE PREFERENCE PROGRAM In evaluating bids (proposals), the County will give preference to businesses that are certified by the County as a Local Small Business Enterprise (Local SBE), consistent with Chapter 2.204 of the Los Angeles County Code, A Certified Local SBE is a business 1) certified by the State of California as a small business enterprise; 2) having its principal office currently located in Los Angeles County for a period of at least the past twelve months; and 3) certified by the Office of Affirmative Action Compliance as meeting the requirements set forth in 1 and 2 above. To apply for certification as a Local SHE, companies may register at the Office of Affirmative Action Compliance's website at: htt:p://oaec.co.la.ca,us/Contract/sbemain.hl:m1 Certified Local SBEs must request the SBE Preference in their solicitation responses and may not request the preference unless the certification process has been completed and certification affirmed. Proposers must attach the Local SBE Certification Letter to the Required Porm - Los Angeles County Community Business Enterprise (CBE) Program - Request for Local SHE Preference Program Consideration and CBE Firm/Organization Information Form - with their proposal. County must verify Local EBB certification prior to applying the preference. Sanctions and financial penalties may apply to a business that knowlingly, and with intent to defraud, seeks to obtain or maintain certification as a certified Local SBE. Information about the State's small business enterprise certification regulations is in the California Code of Regulations, Title 2, Subchapter 8, Section 1996 et seg., and is also available on the California Department of General Services Procurehent Division website at: httn://www.dua.ca.novind/hOMe.sanx v� STANDARD TERMS & CONDITIONS Case NAA�i tA: COMPANY NAME G. r®u 1fVondries Fleet p 1247 W. Merl Wont Local Small B P e eren[e Proarem REQUEST FOR BID SO NO :RFB-IS-11201188-1 DID DUE: 05/26/11 12 : 00 : 00 PM PAGE 9 Instructions: All proposers/bidders responding to this solicitation must complete and return this form for proper consideration of the proposal/bid. In evaluating bids (proposals), the County will give preference to businesses that are certified by the County as a Local Small Business Enterprise (Local SBE), consistent with Chapter 2.204 of the Los Angeles County Code. For County solicitations which are not federally funddeed,2� certified EBE is a sfaibbue siness: currently) certicertified nbyos the State of California as a small business enterp having principal Angeles County for a period of at leant twelve months; and 3) certified by the Office of Affirmative Action Compliance as meeting the requiremente set forth in 1 and 2 above. Information about the State's small business enterprise certification regulatta�bionn4s��pnis in the California Code of Regulations, Title 2. Subchapter 8, Section 1896 et seg. and /his also aaailable,onmthe California Department of General Services Procurement Division webaite at' Pursuant to the adopted Ordinance No. 2001-0090, amending Chapter 2.204 of the Los Angeles County Code: For county solicitations which are federally funded and subject to the federal restriction on geographical preferences, a certified small business is a business: 1) aelf-certified as small using the SBA time standards and industry codes eNAICS) and; 2) registered on the federal Central Contractor Registration (CCR) data baSe. Information about federal small business registration is available on the CCR website at:http:// ww cr golf Certified small businesses must request the SBE preference in their solicitation response an nbt rhEst the preference unless the certification process has been completed and certification affirmed. The County must verify SBE certification prior to applying the preference. Sanctions and financial penalties may apply to a busineea that knowingly, and with intent to defraud, seeks to obtain or maintain certification as a certified Local SBE. To determine whether this solicitation ie federally funded, please refer to the SPECIAL TERMS AND CONDITIONS in this solicitation document for clarification. FIRM NAME: uL)ohfiries r Leer G rm.( Ibl I AM NOT a Local SHE certified with the County of Los Angeles Office of Affirmative Action Compliance or the federal CCR as of the date of this proposal/bid aubmieaion I AM a Local SBE certified with the County of Los Angeles Office of Affirmative Action Compliance as of the date of this proposal/bid submission and I request this proposal be considered for the Local SBE Preference. I Aand Is request thislpbroposalebeith the feral CCR as of the date of considered this proposal/bid submission for the Local SBE Preference. My County (Webven) Vendor Number is: My Commercial and Oovera0:ent Entity !CAGE) code is: i STANDARD TERMS & CONDITIONS -,,,„,,,,,m4ii REQUEST FOR BID SO NO : RFB-IS-11201188-1 to. Wondriee Heat �aroup - BID DOE: 05/26/11 12:00:00 PM PAGE 10 CERTI If bus certification. DECLARATION: ABOVE 1247 W. main Street T M�34 {{�I , DISADVANTAGED, AND DISABLED VETERAN BUSINESS ENTERPRISES: y+q •i�1BF=� Magid as a minority, women disadvantaged or disabled veteran owned neaa enterprise by a public agency, complete the following and attach a copy of your proof of (Use back of form, if neceeaery). Agency name Minority Woman Die- Advantaged Disabled Veteran Expiration Date • I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE INFORMATION IS TRUE AND ACCURATE. Print Authorized Name A ori-, Signature Title f/ee/711ao9" Date s%s- UOe Lonne11 � -2y STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB-IS-11201188-1 cominease Mali to: Wondries Fleet Group 1247 W. Main Street ` lhamVg,78;CAA9iioN OF WILLINGNESS TO CONSIDER GAIN/GROW PARTICIPANTS CONSIDERATION OF GAIN/GROW PARTICIPANTS FOR EMPLOYMENT - As a threshold requirement for consideration of a bidder for award of an Agreement, the bidder shall demonstrate a proven record of hiring participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program or shall attest to a willingness to consider GAIN/GROW participants for future employment openings if they meet the minimum qualifications for that opening. Additionally,'bidders shall attest Co a willingness to provide employed GAIN/GROW participants access to the bidder's employee mentoring program, if available, to assist these individuals in obtaining permanent employment and/or promotional opportunities. Bidders shall complete, sign, and return with their bid the form Attestation of Willingness to Consider GAIN/GROW, Particapant'e" attached. Bidders who are unable to meet this requirement shall not be considered for award of an Agreement. BID DUE: 05/26/11 12:00:00 PM PAGE COUNTY OF LOS ANGELES 11 Bidder shall complete all of the following information, sign where indicated below, and return this form With any resumes and/or fixed price bid being submitted: A. Bidder has a proven record of hiring GAIN/GROW participants and will continue to consider participants for any future employment openings. YES (SUBJECT TO VERIFICATION BY COUNTY) NO B. Bidder is willing to consider GAIN/GROW participants for any future employment participant meets the minimum qualifications for the opening. •Consider" means interview qualified GAIN/GROW participants. vT+ YES NO C. Bidder is willing to provide employed GAIN/GROW participants access to its employee-mentoring program, if available. Bidder Organizatio Signature: Title: Tel .N: Fie wig) +15 7 _ r5 YES NO N/A,'rogram not available) e s F l-ee - C'r©' p Toe Conner openings if the GAIN/GROW that bidder is willing to Print Name: Date: Fax #= (1,0210 4S7- 6's13 i STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB-IS-11201188-1 Wondries Fleet Group 124! lid. Vatn Strom Alhambra, CA 91801 BID DUE: 05/26/11 12:00:00 PM PROHIBITION AGAINST USE OP CHILD LABOR PAGE 12 I hereby certify that, if awarded a Purchase Order or Agreement, bidder shall: 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country/countries of origin of any products, goods, supplies or other personal property bidder sells or supplies to COUNTY, and 3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. I understand and agree that, if awarded a Purchase Order or Agreement and COUNTY discovers that any products. goods, supplies or other personal property sold or supplied by bidder to COUNTY are produced in violation of any international child labor conventions, bidder shall immediately provide an alternative, compliant source of supply. 1 further understand and agree that failure to comply with the foregoing provisions will be grounds for immediate cancellation of the Purchase Order or termination of the Agreement and award to an alternative bidder. 61c), a VENDOR SIGNATURE, DATE .26 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB-IS-11201188-1 p(tail to. Wondries Fleet Group 1 247 W. ii.hilAlie OUT PROGRAM FOR MACHINERY OR ELECTRICAL EQUIPMENT Alhambra,Strcet g BID DUE 05/26/11 12:00:00 PM PAGE 13 For equipment purchases) under this solicitation, Vendor shall be responsible to provide the County with a means to Lockout/Tag-out any machinery or electrical equipment sold to the County in accordance with OSHA regulation, CCR Title 8, Section 3314. Any Lockout method must utilize a positive means such as 11 a lock, either key or combination type, 2) a hasp or other means of attachment to which, or through which, a lock can be affixed or it has a locking mechanism built into it, in order to hold an energy -isolating device in a safe (locked) position and prevent the energizing, transmission or release of electrical, mechanical, hydraulic, pneumatic, chemical, thermal or other energy from a machine or equipment. Such machinery and equipment includes, but is not limited to: a manually operated electrical switch breaker; a disconnects switch; a manually operated switch by which conductors of a circuit can be disconnected from all underground supply conductors and a line valve. In addition, this would include installing pieces of equipment used in maintenance and service activities, such as pipelines, vessels and/or pressurized tanks to service air, gas, water, steam and/or petrochemical distribution systems. �7 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO :RFB-IS-11201188-1 co.pANy Pease Mali to: Wondries Fleet Group 1247 W. Maid Street Alhambra, CA 91801 BID DUE: 05/26/11 12 : 00 : 00 PM JURY SERVICE PROGRAM PAGE 14 The prospective contract is subject to the requirements of the County's Contractor Employee Jury Service Ordinance ("Jury Service Program") (Los Angeles County Code, Chapter 2.202). Prospective Contractors should carefully read the Jury Service Program which is incorporated by reference into and made a part of this RFP. The Jury Service Program applies to both contractors and their subcontractors. Proposals that fail to comply with the requirements of the Jury Service Program will be considered non -responsive and excluded from further consideration. 1. The Jury Service Program requires Contractors and their subcontractors to have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employee's regular pay the fees received for jury service. Fox purposes of the Jury Service program, "employee" means any California resident who is a full-time employee of a Contractor and "full time" means 40 hours or more worked per week, or a lesaer number of hours if; 1. the lessor number is a recognized industry standard as determined by the County, or 2. the Contractor has a long-standing practice that defines the lesser number of hours as full time. Therefore, the Jury Service Program applies to all of a Contractor's full-time California employees, even those not working specifically on the County project. 2. There are two ways in which a Contractor might not be subject to the Jury Service Program. The first is if the Contractor does not fall within the Jury Service Program's definition of "Contractor". The Program defines "contractor" to mean a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County Contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts. The second is if the Contractor meets one of the two exceptions to the Jury Service Program. The first exception concerns small businesses and applies to Contractors that have 1) ten or fewer employees; and 2) annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract is less than $500,000; and 3) is not an "affiliate or subsidiary of a business dominant in its field of operation". The second exception applies to Contractors that possess a collective bargaining agreement that expressly supersedes the provisions of the Jury Service Program. The Contractor is subject to any provision of the Jury Service Program not expressly superseded by the collective bargaining agreement. 3. If a Contractor does not fall within the Jury Service Program's definition of "Contractor" or if it meets any of the exceptions to the Jury Service Program, then the Contractor must so indicate in the Certification Form and Application for Exception and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining agreement, if applicable. Upon reviewing the Contractor'a application, the County will determine, in its sole discretion, whether the Contractor falls within the definition of Contractor or meets any of the exceptions to the Jury Service Program. The County's decision will be final. STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB-IS-11201188-1 capitseseMail to: wondneeS Fleet Group 12 gml 4 w•• TtION FOROLES CRXCEPTION $AND CMPLOYEEERTIFICATIONJURY VFORNICE PROGRAM RID DUE_ 05/26/11 12:00:00 PM PACE 15 Alhambra, CA The County's solicitation for this Contract/Purchase Order (Request for Proposal or Invitation to Bid) is subject to the County of Los Angeles Contractor Employee Jury Service Program (Program)(Los Angeles County Code, Chapter 2.203). All bidders or proposers whether a contractor or a subcontractor, must complete this form to either 1) request an exception from the Program requirements or 2) certify compliance. Upon review of the submitted form, the County's Department will determine, in its sole discretion, whether the bidder or proposer is excepted from the program. Company Name: f A 9101 04� Flee-\" grov- V' Company Address : t P Y I W rn a f " ' T City: A f U laxntoau �? state: CAT' Zip: q (tr�Q o f 1 l�,Q� Telephone Number: Tg I - - C 9O/� �./y-� tj� 1J Solicitation for (Type of Goods or Services): /4µ+VmoNI e If you believe the Jury Service Program does not apply to your business, check the appropriate box in part I documentation s1PII, pleas to e complete to ertify compliance with the Program, Whether youcompletePartor Part Part I: Jury Service Program is Not Applicable to My Business my Business does not meet the definition of !Contractor", as defined in the Program as it has not received an aggregate sum of $50 000 or more in any 12-month period under one or more County contracts or subcontracts (this exception 1s not available of the contract/purchase order itaelf will exceed $50,000 in any 12 month period). I understand that the exception will belost $S stand OI must accomply mwwith th peeiod am if my revenues from the County exceed an aggregate sum n My business is a small business as defined in the Program. It 1) has ten or fewer employees; and 2) has annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract, are $500,000 or less; and 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I understand that the exemption will benlost ost revenues mexceed must plyhwwith thoththe lirogram if the number of employees in my business and my gross "Dominant in its field of operation" means having more than ten employees, including full-time and part-time employees, and annual gross revenues in the preceding twelve months, which, if added to the annual amount of the Contract awarded, exceed $500,000. •Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operations, or by partners, officers, dof directors, majority stockholders, or their equivalent, of a buaineas dominantin that Mybuusinthat i esssubject to a supersedes all ect Bargainin Agreement (attach agreement) that expressly o OR 2y STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB-IS-11201188-1 coNPiPlea se Mail to: Wondries Fleet Group BID DUB: 05/26/11 12 : 00: 00 PM PAGE 16 Part 1247 W. Main Street '7Athernbre,cCA.S1S01 Hy Business has and adheres to a written policy that provides, on an annual basis, no less that five days of regular pay for actual jury service for full-time employees of the busineea who are also California residents, or my company will have and adhere to such a policy prior to award of the contract. I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct_ Print Name: Signature : Title: Date : Fk e manta�r S" 5 # 3d STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB-IS-11201188-1 e'slaii to: � - -dries Fleet Group PRICES t E riV T Sl1TA�SE ORDERS 1G�ar re ve BID DUE: 05/26/11 12 : 00 : 00 PM PAGE 17 Yen �$�pAsm'�.od�YO' meei payment for goads received by, or services provided to the County specific to onttract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply gooda or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. ASSIGNMENTS BY CONTRACTOR A, Contractor shall not assign ite rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County'a sole discretion, against the claims which Contractor may have against County. B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of Contractor to any personls), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement. such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.• C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations. or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of auch termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. SAFELY SURRENDERED BABY LAM The Contractor ehall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at ww.babvsafela.orgfor printing purposes. CONTRACTOR'S EXCLUSION FROM PARTICIPATION IN A FEDERALLY FUNDED PROGRAM. Contractor hereby warrante that neither it nor any of its staff members is restricted or excluded from providing services under any health care program funded by the Federal Government, directly or indirectly, in whole or in part, and the Contractor will notify the Buyer within thirty (30} calendar days in writing of: 1) any event that would require Contractor or a staff member's mandatory exclusion from participation in a Federally funded health care program; and 2) any exclusionary action taken by any agency of the Federal Government against Contractor or one or more staff members barring it or the staff members from participation in a Federally funded health care program, whether such bar is direct or indirect, or whether such bar is in whole or in part. Contractor shall indemnity and hold County harmless against any and all loss or damage Contractor may suffer arising from any Federal exclusion of Contractor or ite staff members from such participation in a Federally funded health care program. Failure by Contractor to meet the requirements of this paragraph shall constitute a material breach of contract upon which County may immediately terminate or suspend this Agreement. Is Contractor/Proposer or any of its staff members currently barred from participation in any Federally funded health care program? NO, Contractor or any of its staff members is not currently barred from participation in any Federally funded health care program. YES, Contractor or any of its staff members ie currently barred from participation in any Federally funded health care program. Describe the particulars in detail below, STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO :RFB-IS-11201188-1 ecmPlatise Mail to: Wnndries Fleet Group BID DUE: 05/26/11 12:00:00 PM "NOTIFI yyyti p ttCOUI&STIONS/MERGERS BE PR0P4y5ING/BIDDING COMPANY" Alhambra, CA �91801 The vendor shall notify the County of any pending acquisitions/mergers of their company. This information shall be provided by the Vendor on Required Form - Exhibit - Proposer's Organization ouestionaire/Affidavit. Failure of the Vendor to provide the information may eliminate its proposal/bid from any further consideration. RESPONSIBLE DEPARTMENT Chief Administrative Office Chief Information Office County Counsel DATE ISSUED / SUNSET DATE Maya Date: December 13, 2005 Sunset Date: December 13, 2009 PAGE 18 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO :RFB-IS-11201188-1 8g40 O41l to: Wnndries Fleet Group 1247 W. Main Street Alhambra, CA 91812 0POgBR'S ORGANI7ATION QUESTIONNAIRE/AFFIDAVIT BID DUE: 05/26/11 12:00:00 PM REQUIRED FORMS - EXHIBIT Page 1 of 2 Please complete, date and sign this form and place it as the first page of your proposal. The person signing the form must be authorized to sign on behalf of the Proposer and to bind the applicant in a Contract. 1. If your firm is a corporation, state its legal Incorporation) and State of Incorporation. Dob onclrIeS fv%o4orS NAME name (as found in your Articles of CA— STATE YEAR ieiSO. 2. If your firm is a partnership or a sole proprietorship, state the name of the proprietor or managing partner. 3. If your firm is doing business under one or more MA'S, please list all DBA's and the County(s) of registration. Name i County of Bob (ADo�4rles For 7anrlr;e5 Vie'e- &rast7 Registration • Year became DEA I I/10o .coo 4. Is your firm wholly or majority owned by, or a subsidiary of, another firm? If yes, Name of parent firm. State of incorporation or registration of parent firm. 5. Please list any other names your firm had done business as within the laet five (5) years: Name Year of Name Change 6. Indicate if your firm is involved in any pending acquisition/merger,including the associated company name. If not applicable, so indicate below: /, /A - FAGS 19 _> 3 STANDARD TERMS & CONDITIOkS coMP> a idyll Ru. Wondries Fleet Group 1247 W. Main Street Alhambra, CA 91801 REQUEST FOR BID SO NO :RFB-IS-11201188-1 BID DUE: 05/26/11 12:00:00 PM PAGE 20 Page 2 of 2 Proposer acknowledges and certifies that it meets and will comply with all of the Minimum Mandatory Requirements listed - Minimum Mandatory Requirements of this Request for Proposal, as listed below. List each minimum requirement Check the appropriate box below: RYES 0 NO CPC) years experience, within the last 4, years ECIVES ❑ NO Willingness to consider hiring GAIN/GROW participant YES 0 NO Complies with the County's Child Support Compliance YES ONO Certifies intent to comply with County'a Jury Service Program 21/ g.YES ❑ NO Declares intent to comply with County's Living Wage Program Proposer further acknowledges that if any false, misleading, incomplete, or deceptively unresponsive statements in connection with this proposal are made, the proposal may be rejected. The evaluation and determination in this area shall be at the Director'ffi:sole judgement and his/her judgment shall be final. Proposer's N o r eG Ft \ /1 rain Address: ` ` 1 t•7' m n' `� f P'jIlioxnbr main 'Pr ai8°1 Telephone Number: ) '1 C 7 - ss r0 S-S9 3 E-mail: Fax number: On behalf o of Propose Organizati Signature Title Sly5//) 's out n Ques :Coe ropcser's name). I (Name entative),lcertify that the information contain in this Proposer's idavit is true and correct to the best of my information and belief. /lv2(a 7S Internal Revenue Service er Employer Ident�cationn /1er Date California Business License Number County Vendor Number STANDARD TERMS & CONDITIONS Mate Mall 10' REQUEST FOR BID SO NO : RFS-IS-1120118E-1 COMPANY NAME Wondries Fleet Group Street BID DUE: 05/26/11 12:00:00 PM PACE 21 1247 W. Main OFF-PEAK ( GU $. - raLlCA 91801VERY OF 0DITIES It is the policy of the Los Angeles County Board of Supervisors that County departments promote off-peak deliveries and pickup of all commodities by County Vendors between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, during regularly scheduled County buainesa days. The purpose of this policy is to reduce vehicle trips and vehicle emieaiona during the morning and afternoon commute periods. For purposes of the Board Policy, the trip shall be deemed to be compliant if the actual time of delivery provides for arrival at the County facility or location on or after 9:00 a.m. and the delivery or pickup ie initiated at the County facility or location on or before 3:30 p.m., Noncompliance with this policy may result in cancellation of a Purchase Order or termination of contract and/or agreement between the County and the awarded Vendor. N. Unless otherwise instructed by authorized County department personnel, vendors shall be required to confer with County departments to schedule, as appropriate, regularly planned trips to County facilities for deliveries and/or pickup of commodities within the designated off-peak periods. County departments co -located at facilities that are serviced by the same Vendor shall make every effort to coordinate off-peak deliveries and pickups between the Vendor and other county departments at the facility. Emergency, special orders, and other non -conforming deliveries and pickups specifically requested by County departments shall not constitute a violation of the Board Policy. In addition, circumstaneea documented by the Vendor to the satisfaction of the affected County department that are outside of the control of the Vendor that preclude adherence to the Board Policy shall not constitute a violation of the Board Policy. Ifcircumatances related to department operations preclude regularly scheduled deliveries between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, the department shall nofify the Vendor of any exception(s) allowable under the Board Policy. If such circumstances are permanent in nature, the department shall notify the Chief Administrative Office and I5D of their intent to exclude the affected contract(a) and/or commodities from the provisions of the Board Policy. County departments doing business with non -commodity or service -related vendors that schedule regular trips to County facilities shall, to the extent feasible and appropriate, encourage such vendors to schedule such tripe to their facilities between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, during regularly schedule business days. By signature below, vendor acknowledges receipt and understanding of this Board Policy, and agrees to adhere to above requirements regarding Off -Peak Delivery of Commodities. (1.)0 Vi ckteS t=1eek a'rou? Vendor's Company 19 41 uD . main = A- `-ha .ru, C A. 9 toe I Address '1 City State & Zip Code ,J0 Comnell c ,./P a Printed Name \ Signature Date COUNTY PURCHASING AGENT PROTEST POLICY FOR GOODS AND SERVICES SOLICITED BY THE General,Authority , — and responsibility to purchase and rent all and all other personal property for use by who are governed by the Loa Angeles County Board of The County Purchasing Agent maintains the exclusive authority materials, supplies -and equipment, furnishings, fixtures departments, districts or agencies of Los Angeles County Supervisors. 3s STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO ;.RFB-IS-11201188-1 coMPAPIelbe Mall to: W©nd'ries Fleet Group BID DUE: 05/26/11 12:00:00 PM PAGE 22 Acquisition1247:Ms MgtAttellt made by the Purchasing Agent pursuant to: GovermetaIpeOda..g"' Ck91801 - Codified Ordinance of County of Los Angeles, Title 2, Chapter 2.011 and - Section 24 of the County Charter. With limited exceptions, solicitations conducted under the statutory authority of the Purchasing Agent are price -based with the resultant award being made to the lowest, responsible bidder that fully meets and complies with all of the specifications and requirements of the solicitation. The Purchasing Agent or his/her designee shall be responsible far the review and disposition of any protest of a bid solicitation conducted under the statutory authority of the County Purchasing Agent. Review of Solicitation Requirements and Specifications A Vendor may seek a review of the solicitation requirements and/or specifications by written request to the Buyer conducting the solicitation provided that the written request is received prior to the closing date of the solicitation. This request must itemize, in appropriate detail, each matter contested and a factual reason(c)for the requested review (e.g., specifications were too narrow and limited competition with supporting details, etc.). The Purchsing Agent will provide a written response to the requesting Vendor(s). Bid Protests In accordance with County Purchasing Policy N-1100, Bid/Vendor Protest, participant vendors may request a review of any bid specifications at the time of the bid posting and/or before the closing date. Additionally, participant vendors may protest any award within three (3) business days after the "Notice of Intent to Award" is posted on the County's bid website. These protest procedures are ae follows: Upon a determination of vendor selection from a bid process, the Purchasing Agent will post a .Notice of Intent to Award" on the County's bid website, and notify all solicitation participants of the intended award via email. 1. Non -selected vendors will have three (3) business days, from the date the notice is posted, to file a formal bid protest with the Purchasing and Contracts Analyst (Buyer) that conducted the solicitation. 2. The bid protest, which must be received by the Buyer within the three (3) day period, shall be in writing, and include the apecifi-c facts, circumstances, reasons and/or basis for the protest. This written notice may be in the form of a letter, fax or email. 3. Bid protests must be filed prior to the award of contract or purchase order. Upon execution of the contract or purchase order to the selected vendor, the Purchase Agent will not take action on a bid protest; however, a written response will be provided to the protesting "vendor. 4. If a vendor bid protest is appropriately filed (i.e., prior to the award), the Purchasing Agent may delay the award of contract or purchase order until the matter is resolved. There are, however, situations where the delay of an award may not be in the best interest of the County due to emergency and/or time critical acquisitions such as et the end of the County'e fiscal year. In these instances, the County has no obligation to delay or otherwise postpone an award of a purchase order or contract based on a vendor protest. S. In all cases, the County Purchasing Agent reserves the right to make an award when it is determined to be in the best interest of the County of Los Angeles to do so. 6. The Purchasing Agent will respond to all bid protests in a timely manner. 7 The Purchasing Agent may refer a protest of a technical nature to the requisitioning County department for further clarification, and will prepare a letter to the protesting vendor, advising them of the pending actionls), and when a formal response can be expected. 36 STANDARD TERMS & CONDITIONS COMPANY'NW moil Lo. Wondries Fleet Group REQUEST FOR BID SO NO : RFB-IS-11201188-1 BID DUE: 05/26/11 12 : 00: 00 PM PACE 23 Transit ionai 24 0pWit '�-�''a�,,..,,aa{{..,,..�� p��► Q� Program_ In evaluatiAl(p wlpp�ppatsdG.60'F Oity will give preference to businesses that are certified by the County ae Trans tional Job Opportunity vendors, coneistent with Chapter 2.205 of the Los Angeles County Code. The preference only applies to solicitations where Transitional Job opportunity participants will be employed for the services solicited. A Certified Transitional Job Opportunity vendor is, and hay been such for three (3) years, an entity: that is a non-profit organization recognized as tax exempt pursuant to section 501 (c) (3) of the Internal Revenue Services Code; set forth, under penalty of perjury, such information as requested by.the County an either electronic or hard copy forms, along with their application form and three most recent annual tax returns to the department with their bid response to the purchasing or contracting solicitation for which they are competing; has been in operation for at least one year providing transitional deb and the related supportive services to program participants; and provided a profile of their program a scription of their program components designed to assist program participants, number of past program participants, and any other information requested by a contracting department. Transitional Job Opportunities vendors must request the preference in their solicitation responses and may not receive the preference until their certification has been affirmed by the applicable department. County must verify the Transitional Job Opportunity vendor certification prior to applying the preference. Sanctions and financial penalties may apply to a vendor that knowingly and with intent to defraud seeks to obtain or maintain certification as a Transitional Job Opportunity vendor. If Contractor has obtained County certification as a Transitional Job Opportunity vendor by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information -furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwiae have been entitled, shall: 1. Pay to the County any difference between the contract amount and what the County's costs would have been if the contract had been properly awarded; 2. In addition to the amount described in subdivision (1), be assessed a penalty in an amount of not more than 10 percent (101) of the. amount of the contract; and 3. Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code (Determinations of Contractor Non -responsibility and Contractor Debarment). The above penalties shall also apply to any entity that has previously obtained proper certification; however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the certifying department of this information prior to responding to a solicitation or accepting a contract award. In accordance with the above stated criteria, I certify that I am a Tranaitional Job Opportunity Vendor and I am claiming the preference on this solicitation. I further certify that Transitional Job Opportunity participants will be used for the services that are being solicited by the County in this solicitation. 27 i STANDARD TERMS & CONDITIONS come ease Mail to: Wondries Fleet Group 1247 W. Main Street REQUEST FOR BID SO NO :RFB-IS-11201188-1 B7D DUE: 05/26/11 12 : 00 : 00 PM PAGE 24 DEFAULTED PREP y.TBE.AE9U0NN gic 9 The prospective contract is subject to the requirements of the County's Defaulted Property Tax Reduction Program ("Defaulted Tax Program'(, Prospective Bidder/Proposer/Contractor should carefully read the Defaulted Tax Program Ordinance which may be found in Los Angeles County Code, Title 2. Administration, Chapter 2.206 at httn://ordli,nkacom/codes/lacounty/index.htm which is incorporated by reference into and made a part of this solicitation. The Defaulted Tax Program applies to both Contractors and their subcontractors. Each Bidder/Proposer/Contractor shall be required to certify that it Is In full compliance with the provisions of the Defaulted Tax Program and shall maintain compliance during the term of any contract that may be awarded pursuant to this solicitation or shall certify that it is exempt from the Defaulted Tax Program. Failure to maintain compliance, or to timely cure defects, may be cause for termination of a contract or initiation of debarment proceedings against the non -compliant contractor (Los Angeles County Code, Chapter 2,202), Side/Proposals that fail to comply with the certification requirements of the Defaulted Tax Program will be considered non -responsive and excluded from further consideration. The Proposer/Bidder/Contractor certifies that: It is familiar with the termsofthe County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; To the best of its knowledge, after a reasonable inquiry, the Proposer/Bidder/Contractor is not in default, as that term is defined in Los Angeles County Code Section 2.206.020.E, on any Los Angeles County property tax obligation; and The Proposer/Bidder/Contractor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. - OR - El 1 am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct. COMPANY NAME:evb woneiries p i�lino %• Pia' . W ov 4 \e,51 , PRINT NAM/ . ;doe , ,�!�, TITLE: Fleet l ' 4 -e'r SIGNATURE: DATE: c STANDARD 'TERMS & CONDITIONS �•«.,_,. REQUEST FOR BID SO NO«:,RFB-IS-11201188-1 T0 lu. Wondries Fleet Group BvacoNT�G W Mel" $trot .A 8511=4a, CA 91801 The Co or Los Angeles provides Small Business Enterprises an equal opportunity to compete for County Awards for commodities and services. Bidders shall assist the County in providing these opportunities to Small Business Enterprises by making good efforts to reach out to Small Bueinesa Enterprises to compete in County Awards. BID DUE: 05/26/11 12:00:00 PM BID BUBNSTTAL Bidders shall submit with their bid, the BBB Subcontractor information Fors a httn;//doinabusinesa.lacountv.aov/SEESubcontractorInformationForm,PDF, Bidder shall complete this form in its entirety. Bidder shall list itself, the names and addresses of all firma to be used with a complete description of work supplies to be completed, provided by each subcontractor and the estimated dollar value. REPORTING The Final Report of Subcontracting Porm httn://doinebusiress.lacounty-aov/FinalReportofSubcontractinoPcrm.PDF a`summary report of subcontractors work/Supplies, shall be submitted at the completion of the award. Upon Completion of a Purchase Order, Vendor shall submit the Final Report of Subcontracting and Purchases Pore within fifteen 115) working days. If the award is a oneyear or more agreement, the Final Report of Subcontracting end Purchases Porn shall be submitted on a Quarterly basin. The form shall be certified correct and accurate by signature of the bidder or its authorized representative. The Final Report of Subcontracting and Purchases Form shall be submitted to the office of Small Business at: Debbie Cabreira-Johnson Office of Small Business 1100 N Eastern Ave lit Floor Los Angeles, CA 90063 DCabreirasisd.lacouptv.00v PAGE 25 SPECIAL TERMS & CONDITIONS COMpleftift: wa l 10: Wondries Fleet Group REQUEST FOR BID SO NQ.:.RFB-IS-11201188.1 BID DUE: 05/26/11 12:00:00 PM 'ATTENTIOp: 2'1'ELIS1ifiZlP 83D'rePLEASE NOTE CLOSING DATE. VAS NOTE: h E GAI9 INISTRUCTIONS AND CONDITIONS (LAST PAGE OF INVITATION FOR BID) IS CHANGED TO READ: QUOTATIONS ARE SUBJECT TO ACCEPTANCE AT ANY TIME WITHIN NINETY (SO) CALENDAR DAYS AFTER OPENING. QUOTE PRICES EXCLUSIVE OF FEDERAL EXCISE TAX, IF TAX IS NOT APPLICABLE, S0 STATE IN YOUR BID. BIDDERS ARE REQUIRED TO FURNISH THE SERIAL NUMBER OF YOUR CALIFORNIA SELLERS PERMIT TO ENGAGE IN BUSINESS AS A SELLER IN CALIFORNIA OR YOUR SELLERS CERTIFICATE OF REGISTRATION -USE TAX, . FAILURE TO FURNISH SAME WILL PREVENT THE COUNTY OF LOS ANGELES FROM PAYING SALES/USE TAX TO YOUR COMPANY. DO NOT INCLUDE SALES/USE TAX ON ANY IINVOICE IP YOU DO NOT FURNISH ONE OF THE FOLLOWING; SELLERS PERMIT # C9 RiAT (38- 0 3 l 67;2- CERTIFICATE OF REGISTRATION # IF YOU ARE UNCERTAIN AS TO WHETHER YOU HAVE SUCH A NUMBER OR HAVE ANY QUESTIONS, STATE BOARD OP EQUALIZATION AT WWW.SOE.CA.GOV OR CALL 1.800.400,7115. QUOTE F.O.B. DELIVERED. FREIGHT PREPAID AND ALLOWED VENDOR: PAYS FREIGHT COST, OWN TITLE IN TRANSIT, PILE CLAIMS) COUNTY; TAKES OWNERSHIP AT DESTINATION EQUIPMENT OFFERED MUST BE NEW, UNUSED, CURRENT MODELS. SPECIFICATIONS OF EQUIPMENT DESCRIBED HAVE BEEN DEEMED ADEQUATE TO SATISFY THE PERFORMANCE REQUIREMENTS OF THE REQUISITIONING DEPARTMENT. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO MAKE AN AWARD ON EQUIPMENT WHICH MEETS FUNCTIONAL NEEDS AND IS SUITABLE FOR THE SERVICE REQUIRED. BIDDERS SHALL RETURN SPECIFICATION SHEET FULLY COMPLETED STATING ANY EXCEPTION TO SPECIFICATION IN LETTER FORM. FAILURE TO COMPLY WITH INSTRUCTIONS MAY BE CONSIDERED SUFFICIENT REASON FOR REJECTION OF YOUR OFFER. BIDDER MUST COMPLETE RIGHT HAND COLUMN OF ANY ATTACHED SPECIFICATION SHEET WHEN TAXING EXCEPTION TO A SPECIFIC ITEM. INDICATE SUCH EXCEPTION IN THE SPACE PROVIDED. IF QUOTING AS SPECIFIED ON AN ITEM, INDICATE IN THE SPACE 'AS SPECIFIED'. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO REJECT ALTERNATE OFFERS WHEN THE POTENTIAL SAVINGS WILL NOT OFFSET THE COST TO TEST. DETERNINATION OF 'COST TO TEST' WILL BE AT THE SOLE DISCRETION OF THE COUNTY OF SAS ANGELES. UNLESS OTHERWISE QUALIFIED BY BIDDER, THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO MAKE ONE TOTAL AWARD, ONE AWARD EACH SECTION DR A COMBINATION OF AWARDS, WHICHEVER IS IN THE BEST INTEREST OF THE COUNTY. PRE-PRINTED TERMS AND CONDITIONS/BIDDERS CONTRACT DOCUMENTS BIDDERS PRE-PRINTED TERMS AND CONDITIONS OR RESTRICTIONS COMMONLY APPEARING ON THE REVERSE SIDE OF LETTERS SUBMITTED KITH THE BID AND/OR BIDDERS SPECIFICATIONS MATERIAL AND CONTRACT DOCUMENTS WILL BE DISREGARDED IN THE ABSENCE OF A POSITIVE WRITTEN STATEMENT FROM BIDDER THAT ALL OR A PARTICULAR PORTION OF SUCH WRITINGS ARE IN ADDITION TO OR SUPERSEDE THE COUNTY TERMS AND CONDITIONS. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL ANY AGREEMENT FORMULATED PROM THIS INQUIRY IF DELIVERY OR SERVICES PROVE UNSATISFACTORY (DEFAULT) AND MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FROM UNPAID BALANCE DUE THE VENDOR AND/OR MAY COLLECT AGAINST THE BOND OR SURETY FOR EXCESS COSTS S0 PAID. THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE CONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MADE. THE COUNTY OF LOS ANGELES SHALL BE PLEASE CONTACT THE PAGE 26 SPECIAL TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB-IS-11201188-1 cGMPARlease Mall to: 1Nondries Fleet Group BID DUE: 05/26/11 12:00:00 PM SOLE JUDGElt4. .SlYlii111 SWIM STATE ENTX 8aMAt CEA /URii1 form COVERING PRECEDING EQUIPMENT �F��jj rjorn {,► ON PARTS ON LABOR EACH EQUIPMENT ITEM AND RELATED WARRANTY SERVICE WILL BE AWARDED ON A LOT TOTAL BASIS. VEHICLE PAYMENT UPON DELIVERY OF VEHICLES, VENDOR MUST SUPPLY ONE (1) COPY OF THE ORIGINAL PURCHASE ORDER ALONG WITH ONE (1) COPY OF THE COMPLETED SPECIFICATIONS WITH EACH VEHICLE, ALSO, VENDOR MUST SEND THE ORIGINAL COPY OF THE VEHICLE INVOICE TO THE BILLING ADDRESS LISTED ON THE PURCHASE ORDER. IF THESE INSTRUCTIONS ARE NOT COMPLETED AS REQUIRED, VENDOR PAYMENT(S) MAY BE DELAYED. ALL CHARGES, E.G., TRANSPORTATION, PACKING, INSTALLATION, MUST BE INCLUDED IN THE BID. NO CHARGES WILL BE ALLOWED UNLESS SPECIFIED IN THE BID. DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY, SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT IT5 SOLE DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES. SHOW ESTIMATED MILES PER GALLON BASED ON THE LATEST EPA MILEAGE GUIDE- CALIFORNIA CITY HWY. STATE MAXE AND MODEL Yg��� p Q OFFER, pls�r // �S/ DELIVERY TO BE MADE VIA FULL MOUNT TRUCK OR RAIL (CHECXONE) STATE LOCATION OF FACTORY.. QUOTE PRICE PER UNIT DELIVERED IN LINE WITH OUR ENERGY CONSERVATION PROGRAM, CONSIDERATION WILL BE GIVETN TO EQUIPMENT THAT USES FUEL OR ENERGY IN THE MOST EFFICIENT MANNER, CONSISTENT WITH THE OPERATIONAL NEEDS OF THE USING DEPARTMENT. EVALUATION AND AWARD, (FOR VEHICLES UNDER 8000 GVW) AWARD WILL BE MADE TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATIONS BASED ON THE LIFE CYCLE COST (L.C.C.) METHOD. THE L.C.C. VALUE WILL BE BASED ON VALUE LESS DISCOUNTS (WHEN APPLICABLE, PLUS BALES TAX PLUS FUEL COST DURING LIFE OF VEHICLE). BIDDER SHALL FURNISH THE MILES PER GALLON (MPG) PER UNITED STATES, ENVIRONMENTAL PROTECTION AGENCY/U.S. DEPARTMENT OF ENERGY DATA AS PUBLISHED IN THE LATEST MILEAGE GUIDE-CALIFORNIA. LIFE CYCLE COST (L.C.C,) a VALUE - DISCOUNT+ SALES TAX FUEL COST. L.C.C. DETERMINING FACTORS: VALVE - PRICE QUOTED BY BIDDER. DISCOUNT - CASH OR TRADE DISCOUNTS ALLOWED BY BIDDER SALES TAX LOCAL AND STATE FUEL COST - TOTAL MILES DRIVEN X COST PER GALLON MPG (FUEL COSTS WILL BE TAKEN FROM THE CURRENT L.A. COUNTY CONTRACT) This solicitation I5 NOT for a federally funded purchaae. Only Local Small Business Enterprises certified by the office of Affirmative Action Compliance are eligible for the Local SEE Preference. PROCUREMENT RATED AS COMPLEX PAGE 27 PRICE SHEET comMeose,Mail to: Wondries Fleet Group LINE NO. 1 2 REQUEST FOR BID SO NO,.:RFB-IS-11201188-1 1247O1111 airlAte , CRIPTION Alhambra, CA 91E101 COMMODITY CODE: 070-06-00-0000000 VEHICLE - SEDAN, POLICE PACKAGE, .FRONT ENGINE, 4.6 LITER / V-8 ENGINE, 4-SPEED AUTO, BLACK & WHITE - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. BID DUE: 05/26/11 12:00:00 PM VEHICLE SHALL BE TESTED AND CERTIFIED AS "HIGH SPEED POLICE PACKAGE VEHICLE" AT THE LASD'S MOST RECENT ANNUAL "LAN ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM." UNLESS SPECIFIED ELSEWHERE SHIP TO COMM & FLEET MGMT BUREAU 15757 1104 N. EASTERN AVENUE DOOR *50 LOS ANGELES, CA 90063 COMM AND FLEET MGM' BUREAU COMMODITY CODE: 070-06-00-0000000 NEW TIRE TAX FEE (5 TIRES x 100 VEHICLES) - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. VEHICLE SHALL BE TESTED AND CERTIFIED AS "HIGH SPEED POLICE PACKAGE VEHICLE" AT THE LASD'S MOST RECENT ANNUAL "LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM." REFERENCE: RQN M: 11020011 FA APPROVAL CODE: 11FX87143 FUND: A01 UNIT: 15757 - COMM. & FLEET MOT. BUREAU OBJECT CODE: 6049 (FIXED ASSET) ACTIVITY CODE: PVER FUNDED BY: CFMB GENERAL FUNDS - FIXED ASSET VEHICLE ASSIGNMENT: VARIOUS UNITS UNLESS SPECIFIED ELSEWHERE SHIP TO COMM & FLEET MOMT BUREAU 15757 1104 N. EASTERN AVENUE DOOR *50 LOS ANGELES, CA 90063 COMM AND FLEET MGMT BUREAU FROM/TOUTITY 100.00 500.00 UNIT EA EA UNIT PRICE 7s PAGE 28 EXT. AMOUNT Vz Exhibit A LOS ANGELES COUNTY SHERIFF'S DEPARTMENT VEHICLE SPECIFICATION SHEET VEHICLE TYPE SHERIFF'S HIGH SPEED, BLACK & WHITE POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN BUDGET PERIOD FY 10/11 REQUISITION NO. RQN-SH-11020011 QUOTATION NO. RFB-IS-11201188 SPEC'S PREPARED BY / TELEPHONE NO. Sergeant Kristi Yeager, CFMB., kjyeager®lasd.org (323) 881- 3983 END USER, (DEPT. UNIT) / REPRESENTATIVE APPROVED BY (FLEET MANAGER) Lt. Vance Duffy, CFMB, veduffy@lasd.org (323) 881-3982 VENDOR NAME 1 //11 1ODl'1Qr1es Flire-+ brou VENDOR ADDRESS I 241 Up. jYj al in Sks', is Ana bftz CA VENDOR PHONE # , (?,(,q) t45 1 _CS9D VENDOR REPRESENTATIVE ... \JOe Con n el I SPECIAL INSTRUCTIONS The successful vendor must allow the same prices to any additional participating agency that requests it, through the requested model year. Bid prices must be guaranteed for the current model year. Vehicles shall be of the make, model and mechanically equipped as tested and certified as "High Speed Police Package Vehicles" at the Los Angeles County Sheriff Department's most recent annual "Law Enforcement Vehicle Test and Evaluation Program." The final delivery date of the completed unit(s) / vehicle(s), may not exceed 180 days from the dale the bid is awarded. —1- �3 WARRANTY 1. Warranty to be standard manufacturer's warranty as supplied with all vehicles sold by manufacturer. 2. Warranty work will be performed at a dealership in the area in which the vehicle is assigned. 3. WARRANTY PERIOD WILL START ON THE DAY THAT THE VEHICLE IS PUT INTO SERVICE BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, NOT THE DATE OF VEHICLE DELIVERY. DELAYED WARRANTY START NOT TO BE LESS THAN EIGHTEEN MONTHS. 4. Use of other than original equipment parts will not void warranty, 5. Warranty card to be delivered to Sheriff's Fleet Management Unit. 6. Al! vehicle components substituted or changed after bid is awarded, and any component deviations initiated at the discretion of vehicle manufacturer must be warranted by the manufacturer for parts replacement and parts installation. The warranty shall be effective from the day the vehicle is put into service by Sheriff's Department, EMISSION STANDARDS 1. Manufacturer's Standard Equipment and all devices necessary to comply with the Federal Motor Vehicle Safety Standards will be included. 2. Vehicle must comply with all Federal Emission Standards on crankcase, exhaust, and applicable California State laws on crankcase and fuel emissions. —2— GENERAL SPECIFICATIONS AND STANDARDS 1. All equipment furnished will be subject to the approval of the Purchasing Agent, Director of Internal Services Department and the using Department. 2. The body, finish, and fittings shall be the latest model. They shall be new and not have been used in demonstrator or other service, and shall be factory standard in all respects and not in conflict with any specification requirements. 3. All standard equipment is to be included on the vehicle as listed in the 2011 model year brochure. 4. Trade names mentioned in these plans and specifications are not restrictive and are given only to indicate the type of material which will be acceptable. When furnishing other than these trade name items, they must be of equal or better quality, must be indicated in bidder's proposal, and must be approved by the Los Angeles County Sheriff's Department Fleet Manager. 5. All deviation(s) or component change(s) after the bid has been awarded, must first be proceeded by notification to the Sheriff's Department Fleet Management Unit and acceptance/approval must be granted by the Sheriff's Department's Fleet Manager or his/her designated iepiesentative. 6. Thirty (30) copies of the Maintenance Service Manual and thirty (30) copies of the electrical wiring diagram manuals must be furnished by the successful bidder(s) within 45 days of the receipt of the Purchase Order or payment will be delayed. In addition, one (1) copy of all Technical Bulletins pertaining to selected vehicle shall be provided in a timely manner. 7. Bidders shall submit detailed literature of the vehicle they propose to furnish. 8. Failure to submit this information is sufficient cause for rejection of bid. 9. Dealer shall furnish Dealer's Bill of Sale in the name of: Los Angeles County Sheriff's Department 1277 North Eastern Avenue Los Angeles, California 90063. 10. Successful bidder shall provide within fifteen (15) days verification of dealer order. Verification is to be forwarded to the Fleet Manager. 11. Dealer to furnish invoice at time of delivery for each vehicle received. 12. Dealer shall furnish a list of all specialized tools and equipment needed for the repair of the vehicle and/or any related components. —3— PRE -DELIVERY INSPECTIONVEHICLE" 1. Vendor to provide for pilot vehicle inspection at the assembly plant by one (1) representative of the Los Angeles County Sheriff's Department. All pilot vehicle inspection travel arrangements shall be direct non-stop flights, between the most convenient points of both departure and destination. The scheduled flights will be during normal business hours. All related costs of the pilot vehicle inspection, including travel, lodging, and meals will be the responsibility of the vendor. In the event that a vendor representative will not accompany the Sheriff Department's representative, the dealer will arrange for a rental car to be made available to the Sheriff Department's representative, and will also provide a per diem to the Sheriff Department's representative for lodging, meals, and vehicle rental prior to the actual travel. 2. Inspection to confirm vendor's compliance to vehicle specifications. -4- 14, DELIVERY 1. The vehicles delivered to the Los Angeles County Sheriffs Department by the successful bidder will be identical in every detail. 2. Vehicles will have the dealer preparation service work, normally performed by the dealer, completed before delivery. 3. Dealer preparation shall include the removal of all window stickers, transport papers, etc., that are adhered to the windows or any other portion of all vehicles. Vehicles shall not be delivered with any type of license plate frame or placard identifying the dealer's name. 4. The final delivery date of the complete order of vehicles may not exceed 180 days from the date the bid is awarded. 5. Vehicles, upon delivery, will be ready for service. 6. Delivery site of vehicles to be determined at a later date. 7. Vehicles will be delivered with a full tank of fuel. 8. Vehicles will either be delivered with all "non -installed and/or to be attached after delivery", components in the trunk of each respective vehicle, or prior to the vehicle(s) being delivered, components may be "drop -shipped directly to the Sheriffs Fleet unit at: 1104 N. Eastern Ave, Door # 50 Los Angeles, CA 90063 9 If any components are "drop -shipped", the packing slip(s) and/or shipping ticket(s) must have the corresponding "LA County ISD purchase order number" as related to the vehicle(s) being purchased, legibly printed on it/them. Shipments not so marked will be refused. 10. Before any payment for the vehicle(s) is made, "documentation proof' that any and all, components have been paid for in full by the winning bidder, must be submitted to the Sheriff's Fleet operations office. Failure to do so will be considered an incomplete delivery and delay any payment(s). y`? i LIQUIDATED DAMAGES All time limits stated in the Purchase Order are critical and mandatory. Should the delivery not be completed on or before the time stipulated, it is mutually agreed by and between the successful bidder and the Los Angeles County Sheriff's Department that: A delay in delivery would seriously affect the public and the operation of the Los Angeles County; that a reduction in the unit price of twenty-five dollars ($25) per calendar day for each and every day for each unit which exceeds the delivery time set forth in the Purchase Order is the nearest measure of damages for each delay that can be fixed at this time, therefore, the County and the successful bidder hereby establish said reduction in the unit price of twenty-five dollars ($25) per calendar day for each and every day of delay for each unit as liquidated damages and not as a penalty or forfeiture for the breach of agreement to complete delivery by the successful bidder on or before the time specified in the Purchase Order. Liquidated damages shall not apply to time elapsing between date of delivery and date of notification to the successful bidder or rejection of sub -specification material, The above conditions may be invoked if deliveries exceed the specified time or if replacement of material not meeting specifications exceed the specified time. Should the successful bidder be obstructed or delayed in the work required to be done herewith by changes in the work or by default, act, or omission of the Sheriff's Department, or by strikes, fires, acts of God, or by the inability to obtain materials, equipment or labor due to Federal Government restrictions arising out of the defense or war program, then the time of completion shall be extended for such periods as may be agreed upon by the Sheriff's Department and the successful bidder. If there is insufficient time to grant such extensions prior to completion date of the contract, the Sheriff's Department may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete the work on time, due to any of the above, after hearing evidence as to the reasons for such delay and making a finding as to the cause of same, In the event that the successful bidder is on strike at the time of the award of the bid, the Sheriffs Department reserves the option to accept the first acceptable bid from a manufacturer that is not on strike. SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN BIDDER INSTRUCTIONS Bidders will use box provided at left margin. A check mark therein will be considered by the Sheriff's Department as indication that bidders are meeting or exceeding that portion of the specification. Any deviations of specifications are to be noted by the bidder to right or specification form under "Bidder's Exceptions." Any "equivalent" substitution of specified items or parts, must be with the prior approval of the Sheriff s Fleet Manager. CHASSIS BIDDERS EXCEPTIONS [ ] Body on frame. AS SPECIFIED [ [ Layout ] ] Front engine. Rear wheel drive. [ ] Wheel base 114.6 inches. [ [ ] ] Suspension Front - Independent, SLA with ball joint lower, coil spring and stabilizer bar. Rear - 4 bar link, with Watt's linkage, coil spring, and stabilizer bar. [ ] Steerin Power, rack and pinion steering. Power steering should be engineered as to provide maximum road feel and handling. —7— y`7 SPECIFICATIONS - SHERIFF'S HYGIi SPEED, BLACK & WHITE, POLICE PACKAGE, FULL - CHASSIS (continued) BIDDERS EXCEPTIONS Brakes AS SPECIFIED [ ] Power disk brakes required on both front and rear. [ ] 4-wheel Anti -lock brake system (ABS) required. . [ ] Brake performance capacity.* * Semi -metallic lining or wet and dry performance equivalent must be furnished. Brake material must be exactly as tested and certified at the last L.A.S.D. Law Enforcement Vehicle Test and Evaluation Program. Tires and Wheels AS SPECIFIE [ ] Five (5) each, radial tires and wheels per vehicle.* [ ] Tire size not smaller than P235/55R17. [ ] Tires must conform to AAttachment 1". [ ] Blackwall tires only, whitewall tires are not acceptable. [ ] 17" black steel wheels, with factory standard metal center wheel cap covers. [ ] All tires supplied shall be of the make and model as tested and certified at the Los Angeles County Sheriff's Department "Law Enforcement Vehicle Test and Evaluation Program.,' * "Space Saver" type spare tires not acceptable J —8— 1 S8 SPECIFICATIONS -' SHERIFF'S UIGH SPEED, BLACK & WHITE, E PACKAGE, FULL-SIZE, 4-DOOR SEDAN DRIVE TRAIN BIDDERS EXCEPTIONS Engine' @� SPECIFIED AS [ ]Fuel injected, water cooled, gasoline. [ ] Engine to be 4.6 liter minimum, V8 SOHC design. � [ ] 250 horsepower minimum @ 4900 RPM, on 87 octane gasoline. [ ] 297 ft. lb. torque minimum @ 4000 RPM on 87 octane gasoline. [ ] Pulley sizes and arrangements identical on all vehicles delivered. [ ] Oil filter to be manufacturer's standard. [ ] Accessories to be identical on all vehicles delivered. Cooling System [ ] Radiator must be heavy-duty of sufficient capacity to have passed all previous heat tests performed during the most recent Los Angeles County Sheriff's Department "Law AS SPECI FIE C �_� Enforcement Vehicle Test and Evaluation Program." [ ] Coolant recovery system is required and identical on all vehicles delivered.'` i [ ] All radiator/coolant hoses to be "EPDW' type, two (2) ply pre -formed constructed, to include bypass and heater hose. [ ] Factory installed external engine and transmission oil coolers required. * Recovery system must be factory -installed type. Dealer -installed after market systems will not be acceptable. —9— i SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE. 4- DRIVE TRAIN (continued) BIDDERS EXCEPTIONS Transmission A SPE���� [ ] Automatic four (4) speed. Rear Differential [ ] 3.27 axle ratio Fuel Tank [ ] The fuel tank capacity shall be sufficient to provide a minimum cruising range of 300 miles, based on the Sheriff's Department latest "Fuel Efficiency Evaluation Test" and still allow a 10% reserve. cl ELECTRICAL / [ ] Dry Cell Battery or Department Approved Equal, 12 volt, negative ground, 750 C.C.A., maintenance free. 750 C CA. -1.'"ciar ry [ ] Alternator, 200-amp output minimum. [ ] Alternator, 40-amp output at 700 engine RPM. EI A$ SP CIFI [ ] ignition, electronic -type. [ ] Ignition high tension wiring required to be heat resistant. [ ] Wiring on all vehicles to be identical. —10— d SL- SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHJTE, POLICE PACKAGE. FULL-SIZE, 4-DOOR SEDAN BODY BIDDERS EXCEPTIONS Exterior AS SPECIFIE[ [ ] Four -door sedan. [ ] Framed door windows required. [ ] Factory tinted glass throughout. [ ] Full body side moldings, including front door, installed. [ ] Black and White color scheme. Paint layout will be provided to successful bidders. No premium for clear -coat colors. Interior AS SPECIFIE [ ] Driver's and front passenger's side front airbags. ,� 1 ] Front seat side airbags. [ ] Padded dashboard, non reflective.• [ ] Rearview mirror, inside (day/night type). [ j Gauge cluster (volt, oil pressure, water temperature, and fuel.) [ ] Speedometer head to indicate speeds to 120 MPH and be accurate +2 MPH at 80 MPH. Certification of speedometer calibration to be furnished. [ ] Cigarette lighter, front only. [ ] Second auxiliary 12 volt power outlet in front passenger area. [ ] Ashtrays in front only. —11- 513 i SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE 4-DOOR SEDAN BODY (continued) BIDDERS EXCEPTIONS Interior (continued) SPECIFIED AS [ ] "Delete" round 5" interior Dome Map Light. [ ] Vehicle's interior light(s), shall be inoperative when doors open, switch controlled. [ ] Heavy-duty, black rubber floor matting. eats [ ] Heavy-duty, 40/40 or 45/45 seats (9" minimum between seats.) [ ] Heavy-duty, foam rubber in all seats required. Uvholstery [ ] Insulated headliner. [ ] Solid or breathable vinyl side panels. [ ] Front seats to be heavy-duty cloth, rear seat to be heavy duty vinyl. / (\ [ ] Solid vinyl armrests (front only). [ ] Color of seats to be selected by Los Angeles County Sheriffs Department and will be the same color in all Black and White vehicles. —12— s� SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN BODY (continued) BIDDERS EXCEPTIONS Tnmk [ ] Gas tank utilized as floor trunk will not be acceptable. AS SPECIFIEL [ ] Floor mat in trunk [ ] Deck lid, when opened remotely, must be restrained in order to prevent damage to the hinges. [ ] Deck lid must remain in the full open position when opening manually. [ ] Trunk light to be installed and connected to turn on automatically when deck lid is opened. —13— ss i SPECIFICATIONS - SHERffF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN FACTORY INSTALLED ACCESSORIES BIDDERS EXCEPTIONS [1 [1 [1 Multiple speed electric windshield wipers with intermittn SPFCiF ED feature. Air conditioning, factory -installed. Heater, integral with air conditioning. Dual, outside, power, right and Left rear view door mount minors, non -glare, not less than 15 square inches of mirror area. Convex -type is acceptable on right side only. Rear power and/or manual door locks must be inoperable from rear doors. Interior rear door handles must be inoperable. Rear power windows must be inoperable from rear doors only. Front passenger window to be operable by driver and front passenger. Vehicles to have spotlights, two (2) each, Unity Model 225 or Department Approved Equal, 12-volt, with Halogen bulbs, 100,000 candle power minimum, mounted on left and right door post. Spotlights to be factory -installed or if after market installation is to be used, factory spotlight prep package must be ordered and Sheriff's Department must approve of installer. Spotlights must be wired to fuse panel with separate fuse for each spotlight or in -line fuse readily accessible for maintenance. Fusible link and/or connectors are not acceptable. —14— s� SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN KEYS AND ENTRY SYSTEMS(S) BIDDERS EXCEPTIONS [ ] Single -key locking system in all vehicles, including trunk®�� and glove compartment. r [ ] All vehicles keyed identical. NO CHIPPED KEYS. [ 1 All vehicles provided with four (4) keys. Aluminum keys are not acceptable. [ ] NOTE: The key code will be selected when Purchase Order is awarded. * After the bid is awarded, the successful bidder shall obtain the designated key code from Hiroshi Aramaki at (323) 821-0664. [ 1 Engine compartment hood shall be controlled from inside the vehicle by a release lever and/or switch, located on the left side (driver's area) of the vehicle. [ 1 Two (2) electric remote deck lid (trunk) release buttons shall be installed by the manufacturer. One on the driver's door, the other on the instrument panel (accessible to the front passenger.) Remote buttons must be functional only when ignition is on (ignition powered.) SPECIALITY ITEMS AND INSTRUCTIONS [ ] Vehicles to be equipped with radio interference suppression package, meeting described specifications. AS SPECIFIE { 1 Vehicles to be delivered with a full tank of fuel. !---.......` [ ] Each vehicle shall be delivered with one seat belt extender. [ ] Any manufacturer installed daytime running lights must be inactivated. ("../ —15— S7 i SPECIFICATIONS - SHERIFF'S IIIIGH SPEED, BLACK & WHITE, OLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN (NOT BIDDERS EXCEPTIONS ADDITIONAL BIDDER SUPPLIED ITEMS INSTALLED /NEW IN -BOX IDELWERD FVITHINEACH VEHICLE) Prisoner Compartment Illumination: r , AS- Included with each vehicle will be a white Impaxx LED lightSPEC---� be mounted onto the prisoner protective partition. Part # IPX300-5 White or Department Approved Equal E� 1 Contact: Sam Davis, Regional Manager Federal Signal Corporation Phone # (951)202-5577 Push Bumper: [ ] Included with each vehicle will be a push bumper manufactured by "Go Rhino." Part # 5038 or Department Approved Equal. AS ������ The Los Angeles County Sheriff's Department will be responsible for providing Go Rhino Products with a red LED light and bezel, to be used as an exemplar, along with the location in which the required mounting holes must be drilled through the push bumper prior to shipping to the Los Angeles ir-----...,,\ County Sheriffs Department, Contact: Miguel Go Rhino Products Phone (714) 257-7389 —16- 5� SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN Push Bumper Lights: ��' Included with each vehicle will be a pair of "Whelen", Red A SPEC ED Flashers, Model # 5VR02ZRR or Department Approved Equal. Surface Mount Flanges 5LSMAB or Department Approved Equal Contact: Carlos Alcaraz, Territory Manager Wattco Phone # (213)500-8585 —17- 57 SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN ADDITIONAL BIDDER SUPPLIED ITEMS (continued) (NOT INSTALLED /NEW IN -BOX IDELIVERD WITHIN EACH VEHICLE) BIDDERS EXCEPTIONS Prisoner Hard Seat SPECIFIE1 AS Included with each vehicle will be a "Laguna 3P Hard Seat or Department Approved Equal with molded arm pockets. Model #F2S01 FB or Department Approved Equal, Los Angeles County Sheriffs Department Version. "ABS" or better, KV2011 material used to construct new seats molds. References: Laguna Manufacturing, Inc. Contact: Ralph Harpster , 1(800) 516-2322 Prisoner Partition ] Included with each vehicle will be a Prisoner Partition, with the plastic shield behind the driver and passenger and the screen in the middle. Part # TP-DELUXE-SB-SS or Department AS SPC6�pf � i --...,\ Approved Equal. [ ] Prisoner Partition Mounting kit "Big Boy" Part # 2-mnt-pcv09-BB or Department Approved Equal { ] Prisoner Partition Kick Panel Part # 2-KP-PCV-SS-R or Department Approved Equal [ ] Prisoner Partition Mounting Bracket, part #AC-LACO-LED, for LED light or Department Approved Equal. References: Troy Sheet Metal Works: Contact: Bebe Bornais (323) 724-0351 _ —18— D SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOIt SEDAN ELECTROMAGNETIC CAPABILITY BIDDERS EXCEPTIONS Electromagnetic Interference Susceptibility Vehicle is intended for use in presence of electromagnetic fields resulting from uit � of public safety two-way radios. Vehicle performance shall e affected in any way by transmissions from a radio and antenna installed in the vehicle and operating in any of the frequency ranges of 30 to50-MHZ, 150 to 174-MHZ, 450 to 512-MHZ, and 800 to 900-MHZ and having a radio frequency output no less than 100-watts. Vehicle performance shall not be affected by the presence of another vehicle equipped with the above described radio and operated adjacent to the subject vehicle. ��F�P Radiated and Conducted Electromagnetic Interference Vehicle systems and accessories shall be designed to minimize interference with the use of public safety radio receivers or electronic sirens or sound amplifiers. The effective sensitivity of a receiver installed in the vehicle shall not be reduced by more than the amount tabulated below for each frequency band. ALLOWABLE FREQUENCY BAND DEGRADATION 30 to 50 - MHZ 15 d B 150 to 174 - MHZ 5 d B 450 to 512 - MHZ 3 d B 800 to 900 - MHZ 3 d B Degradation is defined as the difference in effective receiver sensitivity measured with the vehicle engine and accessories turned off and that measured with the engine and accessories turned on. Sensitivity is measured in terms of the 12 dB Sinad signal as defined in EIA Standard RS-204. To determine effective sensitivity, the receiver is connected to the antenna through an isolating tee connector which allows introduction of the signal generator through the isolated port. Comparative signal strength readings are then taken with and without the interference present. —19— SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN ATTACHMENT #1 TIRE SPECIFICATIONS AS SPECIFIED These specifications pertain to high-speed tires intended for use on Los Angeles County Sheriff's Department patrol vehicles and other emergency vehicles in exticuiely heavy duty applications. Vehicles range from full size to compact and are occasionally operated at speeds in excess of 100 miles per hour under a wide range of conditions, including ambient temperatures to 120° F. Tires are to be certified by manufacturer for operation at speeds of 125 miles per hour, or greater. A. SPECIFICATIONS a. Tires supplied under thisiet of specifications shall be new, standard production tires expressly designed for heavy-duty, high-speed operation. They must feature exceptional safety, stability, handling, and stopping characteristics during all types of maneuvers. b. Tire construction shall be of the radial belted type. c. Regardless of construction, any tire submitted must be certified for police use by the tire manufacturer. d. Tires requiring in excess of 3-1/2 oz. of counterbalance.weights to attain proper balance will be deemed unacceptable. e. Tire size will vary to accommodate the needs of the Sheriffs Department fleet. f. All tires supplied shall be of the make and model as tested and certified at the last Los Angeles County Sheriffs Department ALaw Enforcement Vehicle Test and Evaluation Program." —20— SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4-DOOR SEDAN DELIVERY: Los Angeles County Sheriffs Department Fleet Management Unit 1104 N. Eastern Avenue, Door 3150 Los Angeles, CA 90063 (213) 267-2511 SPECIAL INSTRUCTIONS: AS SPECIFIED If any components are "drop -shipped", the packing slip(s) and/or shipping ticket(s) must have the corresponding "LA County ISD purchase order number" as related to the vehicle(s) being purchased, legibly printed on it/them. Shipmems not so marked will be refused. Before any payment for the vehicle(s) is made, "documentation proof' that any and all, components have been paid for in full by the winning bidder, must be submitted to the Sheriff's Fleet operations office. Failure to do so will be considered an incomplete delivery and delay any payment(s). Upon delivery no dealer decals or license plate identifiers. Dealer shall notify Sheriff's Department Fleet Unit a minimum of 24 hours prior to delivery. Vehicle(s) and components will not be accepted after 2:00 pm. All State of California Department of Motor Vehicle paperwork, and invoicing MUST accompany each vehicle at time of delivery. There shall be one invoice per vehicle. At time of delivery, all vehicles MUST meet all specifications as written, NO EXCEPTIONS. At time of delivery, dealer shall furnish Dealers Report of Sale in the name of: LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 1277 N. EASTERN AVENUE LOS ANGELES, CA 90063 —21— BE} NUMBER CLOSING DATE NO VENDOR BID LIST 5:26. 1/ COMPANY NAME woncic its • Ce„e - elcou 3 BUYER ,,./1440l1rdh DATE SAMPLES INIT/AL (Chick for Yes) s/t 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 BIL) 1 NO Q!D qE POt ATS _ TOTAL 19 20 Created by ODP11-03-05 REVISED 11.10.05 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Grossman Psychological Associates, APC, in the not -to exceed amount of $49,500 to provide Pre -Placement evaluations, Pre -Employment exams, an Officer Assistance Program, Critical Incident Debriefing and Fitness for Duty Evaluations for the Police Department for the term of one year. PREPARED BY: Ronni Zengota, Operations Assistant DEPARTMENT: Police PHONE: 4516 APPROVED BY: EXPLANATION: �� � `-, On July 1, 2010, the City entered into an Agreement with Grossman Psychological Associates, APC, to provide Pre -Placement evaluations, Pre -Employment Exams, Officer Assistance Program, Critical Incident Debriefing and Fitness for Duty Exams for the Police Department from July 1, 2010 through June 30, 2011, for the not to exceed amount of $49,500. The Agreement provides the option to extend the Agreement for three (3) one-year terms. On July 5, 2011, the City extended the Agreement for one year (First Amendment) through June 2012. This Second Amendment to the Agreement in the not to exceed amount of $49,500 exercises the option for the second one-year extension through June 30, 2013. Grossman Psychological Associates, APC is a licensed psychologist that has specialized in police psychology since 1982, and is qualified by experience and ability to perform the services required by the Police Department. FINANCIAL STATEMENT: ACCOUNT NO. Budgeted through the General Fund APPROVED: APPROVED: Finance MIS 001-411-000-205-0000 — Pre -placement, Pre -employment, Critical Incident Debriefing, Fitness For Duty 001-411-000-299-0000 — Officer Assistance Program ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Amendment to Agreement RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT WITH GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC, IN THE NOT -TO -EXCEED AMOUNT OF $49,500 FOR AN ADDITIONAL ONE YEAR TERM TO PROVIDE PRE -PLACEMENT EVALUATIONS, PRE -EMPLOYMENT EXAMS, AN OFFICER ASSISTANCE PROGRAM, CRITICAL INCIDENT DEBRIEFINGS, AND FITNESS FOR DUTY EVALUATIONS FOR THE NATIONAL CITY POLICE DEPARTMENT WHEREAS, on July 1, 2010, the City entered into a one-year Agreement with Grossman Psychological Associates, APC, in the amount of $49,500 to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations for the National City Police Department; and WHEREAS, said Agreement provided the option to extend the term of the Agreement for three additional one-year terms; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-146, approving the First Amendment to the Agreement to extend the term of the Agreement for one year for the not to exceed amount of $49,500; and WHEREAS, the parties desire to exercise the option to extend the Agreement for the second of the three one-year extensions by extending the term of the Agreement for one additional year, beginning July 1, 2012, and expiring on June 30, 2013, in the amount of $49,500, for a total agreement amount of $148,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement in the not -to -exceed amount of $49,500 with Grossman Psychological Associates, APC, to provide pre -placement evaluations, pre -employment exams, an officer assistance program, critical incident debriefings, and fitness for duty evaluations to the Police Department from July 1, 2012 through June 30, 2013. Said .Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of July, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC This Second Amendment to Agreement is entered into this day of July, 2012, by and between the City of National City, a municipal corporation (the "CITY"), and GROSSMAN PSYCHOLOGICAL ASSOCIATES, a professional corporation (the "CONSULTANT),. RECITALS A, The CITY and the CONTRACTOR entered into an Agreement on July 1, 2010 ("the Agreement"), wherein the CONSULTANT agreed to provide Pre -Placement Suitability Evaluations, Pre - Employment Psychological Examinations, an Officer Assistance Program, Critical Incident Debriefing, and Fitness for Duty Examinations for the National City Police Department located at 1200 National City Boulevard from July 1, 2010 through June 30, 2011, for an amount not to exceed $49,500. B. The Agreement provided an option to extend the term of the Agreement for one-year, with up to three extensions. C. The parties previously extended the Agreement for a one-year term from July 1, 2011 to June 30, 2012, (First Amendment to the Agreement). D. The parties desire to exercise the option to extend the Agreement for the second of the three one-year extensions by extending the term of the Agreement for one additional year, beginning July 1, 2012 and expiring on June 30, 2013. NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as follows: 1. The term of the Agreement is extended for an additional one-year term from July 1, 2012 through June 30, 2013, for an amount not to exceed $49,500, for a total Agreement amount of $148,500, to provide Pre -Placement Suitability Evaluations, Pre -Employment Psychological Examinations, an Officer Assistance Program, Critical Incident Debriefing, and Fitness for Duty Examinations for the National City Police Department. 2. The parties further agree that with the foregoing exceptions, each and every term and provision of the Agreement dated July 1, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC By: By: (lisj."...—. ‘4, Ron Morrison, I aP Grossman, PHD Mayor President APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney Jun 01 12 08:27a p.2 AcoRtI CERTIFICATE OF LIABILITY INSURANCE • DATE..., o1 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poticy(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 endorsernent(s). PRODUCER MARILYN BILLINGSLEY 1527 W LEWIS STREET CONTACT ,_aIr 619-296-66D5 ' PHONE FAX rim: 619.296-1663 ADDRESS: �� =J SAN DIEGO, CA92103 INSURERS) AFFORDING COVERAGE NAIC4 INSURER A: State Farm General Insurance CCmpany 29151 INSURED BUCCIGROSS, RICHARD L MDA MEDICAL CORP & GROSSMAN PSYCHOLOGICAL ASSOC 4550 KEARNY VILLA RD STE 214 SAN DIEGO, CA92123 INSURER e: MA" C: INSURER D: INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED' OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN I.AAY HAVE BEEN REDUCED BY PAID CLAIMS. INSp LTH TYPE OF INSURANCE AODLLSUBR INSR O POLICY NUMBER POLICY EPA POLICY EXP fMMIDWYYYYI:iMN3OD1YYYY1 LIMITS GENERAL, X uAelLIrY COMMERCIAL GENERALLIABILITY Y ;� 90.5142714 01/09/2012 01f09/2013 , EACH OCCURRENCE - I 1,000,ODC PREEMMISEGES EaEooc rake) $ 300,000 MED EXP (Any ana person) $ 5,D00 CLAIMS -MADE ", OCCUR PERSONAL&ADV INJURY $ GENERAL AGGREGATE 5 2,000,000 PRODUCTS- CDMPIOP AGG $ 2,000,000 GEML AGGREGATE LN.QT A'PLIES PER: X POLICY JJE T LOC $ AUTOMOBILE — LIABILITY' AMYAUTO ALL OWNED _ SCHEDULED AUTOS NO�NNED AUTOS CO?aR ccidenl; INOLE L19IIT S BOD.Y INJURY IPerpersDr $ 3OdLY IN JRY (Per accident) s PROPERTYDAMAGE. I5 UMBRELIA LIAR EXCESS LIAR OCCUR CLAIMS -MADE lti EACH OCCURRENCE $ AGGREGATE $ ' $ DED RETENTION 3 WORKERS COMPENSATION AMU EMPLOYERS' LIAeIIJTY ANY PROPRIETOR/PARTNER/EXECUTIVE I yIN O"FlCJMIn NH) ER EXCLUDED? ry {MandataA NH II yea, canaille ands OFSCRIrION OF OPERATIOr>Snelow NSA NATU- OY i_ ITORYC ST'INITS ER E.L-EACH AC CiOENT j DISEASE-EA EMPLOYEE 3 E.L. DISEASE - POLICYLIMR $ ! 1 DESCRJPINNY OF OPERATIONS 7 LOCATIONS 7 VEHICLES (Attach ACORD 101, AddlBonal Remarks Schedule, Ifnlore spate is raqu'RRd) BUSINESS -OFFICE CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY ITS OFFICERS, AGENTS & EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91SSO-4397 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 REPRESMt1TAT{VE ) r f i �.4vI. j /j J f \C ACORD 25 (2010i25) P 1988.2010 ACORD ORPORAT(ON, Ali rights reserved_ The ACORD name and logo are registered marks of ACORO 45L 1486 132849.7 03-01-2012 10/26/11 - A DARWIN NATIONAL ASSURANCE COMPANY Psychologists' professional Liab�jility Policy THIS IS A CLAIMS MADE POLICY - PLEASE READ CAREFULLY - *** RENEWAL *** NOTICE; A LOWER LIMIT OF LIABILITY APPLIES TO JUDGMENTS OR SETTLEMENTS WHEN THERE ARE ALLEGATIONS OF SEXUAL MISCONDUCT (SEE THE SPECIAL PROVISION "SEXUAL MISCONDUCT" IN THE POLICY). DECLARATIONS POLICY NO: 5010-5098 ACCOUNT NO: -CA—GROS455-0 0222406C ITEM 1. (a) NAME AND ADDRESS OF INSURED: ITEM I. (b) ADDITIONAL NAMED INSUREDS: IRA GROSSMAN, PH.D. GROSSMAN PSYCHOLOGICAL ASSOCIATES, APC 4550 KEARNY VILLA RD STE 214 SAN DIEGO, CA 92123 f-- • TYPE OF ORG: PROFESSIONAL CORPORATION ITEM 2. ADDITIONAL INSUREDS: CITY OF CHULA VISTA PURCHASING DIVISION 276 FOURTH AVE MS F-106 CHULA VISTA, CA 91910 ITEM 3. POLICY PERIOD: ITEM 4. LIMITS OF LIABILITY: 12 I Z OI A.M. STANDAOM:RD TIME AT THE ADDRESS OF THE INSURE01/11 TO: D AS SATED HEREIN: (a) $ (b)$ (c) $ 2,000,000 25,000 EACH WRONGFUL ACT OR SERIES OF CONTINUOUS, REPEATED OR INTERRELATED WRONGFUL ACTS OR OCCURRENCE COSTS RELATED TO ANY SINGLE PROCEEDING 4 , 000 , 000 AGGREGATE, FOR ALL CLAIMS AND ALL PROCEEDINGS ITEMS. PREMIUM SCHEDULE: CLASSIFICATION NUMBER RATE ANNUAL PREMIUM 1ST PSYCHOLOGIST DEFENSE LIMIT 1 '>. 1494.00 1,155.00 75.00 -- ITEM 6. g - —`� ADD33'IDIT i�'113SU E'bS-3 =1. _.. 0,` s RETROACTIVE DATE: 12 / 01 / 9 2 TOTAL PREMIUM: 1,, 201 . 00 CRED ITEM 7. EXTENDED REPORTING PERIOD ADDITIONAL PREMIUM (if exercised):$ 2,102.00 SCHEDULED RATING CREDIT INCLUDED ITEM 8. POLICY FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY PRGE2000 {3/2006) PRGe1069 (1/2006) PRGe1121 THIS IS NOT A BILL. PREMIUM HAS BEEN PAID. PRGE2005 (3/2006) AU America, f6RIZED COMPANY REPRESENTATIVE rofessional Agency • 95 Broadway, Amityville, NY 11701 Jun 0112O :28a p,4 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO LJS SCHEDULE Policy Number: 90 514271 4 Named Insured: BUCCIGROSS, RICHARD L. MD A MEDICAL CORR & GROSSMAN PSYCHOLOGICAL ASSOC Name and Address of Person or Organization: CITY OF NATIONAL CITY ITS OFFICERS, AGENTS & EMPLOYEES 1243 NATIONAL CITY BLVD NATIONAL CITY. CA 91950-4301 Psee1ort The fallowing is added to Paragraph 10.b. of SECTION 1 AND SECTION II— COMMON CONDITIONS: We waive any tight of recovery we may have against the person or organization grown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations: or b_ Your work done under contract with that person or organization and included in the p roducts- completed operations hazard. This waiver applies only to the person or organization shown in the Schedule. AN ether policy provisions apply, FE-0671 Corapl, Stets Farts Mutual Automalaa In9urnnra Ca iprny, 2008 Mcrudes coPriPMed me3arisi o! Mumma Servlcea OlFoe, ins. will Ns primisntan, FE.es7ii o-re pnruad M IfSA Jun 01 12 0828a JOsiu Policy No.: 90 5142714 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 9O 6142714 Named Insured_ BUCCIGROSS, RICHARD L MD A MEDICAL CORP & GROSSMAN PSYCHOLOGICAL ASSOC p,3 Additional Insured (include address:: CITY OF NATIONAL CITY ITS OFFICERS, AGENTS & EMPLOYEES 1243 NATIONAL. CITY BLVD NATIONAL CITY, CA 8195D-4301 WHO IS AN INSURED, under SECTION it DESIGNATION OF INSURED. is amended t an insured the Additional insured shown above, but wuy to the extent that liability is im Additional Insured solely because of your work performed far that Additional insured sh Include as an that above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a auit brought far damages far which you are provided coverage. The Primary insurance coverage below applies only when: there is an'' in the box. ® Primary insurance. The insurance provided to the Additional Insured shown abcv- shall be primary insurance. Any insurance carried by the Additions! Insured shalt be nonco ibutory with respect to coverage provided to you. All other policy provfsions apply. Ptfitee In V.SA CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City reducing the property tax rate for bonded indebtedness for Fiscal Year 2012-2013 from 1.37 cents per $100 of assessed valuation to 1.32 cents. PREPARED BY: Tina Norrdin, FSO DEPARTMENT: F' PHONE: 619-336-433'f APPROVED BY: EXPLANATION: In the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Library. In April 2003, the City issued the General Obligation Bonds in the aggregate principal amount of $6 Million. The bonds mature on August 1 in each of the years 2004 through 2028. The amount of principal and interest that become due every year will be paid from the proceeds of property taxes received from the County of San Diego. Each year the City must establish the property tax rate that will be necessary to raise the revenue required to service its annual bonded indebtedness. For the Fiscal Year 2012-2013, the calculated property tax rate is 1.32 cents per $100 of assessed value. This is a 3.6% reduction from Fiscal Year 2011-2012 rate of 1.37 cents! FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 1-N* Finance APPROVED: / MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/Pt ATTACHMENTS: 1. Resolution 2. General Obligation Bond Tax Rate Computation for FY 2012-2013 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR LIBRARY GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FISCAL YEAR 2012-2013 FROM 1.37 CENTS PER $100 OF ASSESSED VALUATION TO 1.32 CENTS WHEREAS, at the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Public Library; and WHEREAS, in April, 2003, the City issued the Library General Obligation Bond in the aggregate principal amount of $6 Million. Those bonds mature on August 1st of each of the years 2004 through 2028; and WHEREAS, the amount of principal and interest that become due every year will be paid from the proceeds of property taxes received from the County of San Diego; and WHEREAS, each year the City establishes the property tax rate that will be necessary to raise the revenue required to service its annual bonded indebtedness; and WHEREAS, the total net taxable secured assessed valuation of the City is now at $2,890,311,909 full value; and WHEREAS, the amount of revenue to be raised from the tax base for Fiscal Year 2012-2013 is $ 406,434, according to the voter -approved bonded indebtedness, thereby establishing the rate of property tax required; and WHEREAS, for Fiscal Year 2012-2013, the calculated property tax rate is 1.32 cents per $100 of assessed value, which is a 3.6% reduction from Fiscal Year 2011-2012 rate of 1.37 cents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby establishes the Library General Obligation Bond property tax rate for Fiscal Year 2012-2013 at 1.32 cents (.0132%) per $100 of assessed value, which is a 3.6% reduction from Fiscal Year 2011-2012's rate of 1.37 cents. 2002 GENERAL OBLIGATION BONDS: 0.0132% PER $100 ASSESSED VALUE PASSED and ADOPTED this 17th day of July, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney General Obligation Bond Debt Service (Fund 259) Tax Rate Computation for FY 2012-2013 National City Secured Valuation Unsecured Valuation 1 Net Secured Valuation 3 Less Delinquency AlIowan 4 Net after Delinqency 5 Plus HOPTR 6 Prelim Adj Secured Valuation 7 Less Redevelopment Impact 8 Adj Sec Valuation Less Redevelopment Impact 9 Anticipated Roll Corrections 10 Adj Sec Val for Rate Computation 16 Computed Rate 17 Plus .0001 Assessed Rate Valuation 0.0132 2,890,311,909 0.0137 188,312,140 2, 890, 311,909 0.00% - 2,890,311,909 31,031,000 2,921,342,909 2,921,342,909 0.0200 57,806,238 2,863,536,671 0,0001 0.01307 0.01317 Fund No. 6065-50 FY12/13 Est. Revenue 380,654 25,780 406,434 11 Amount to be raised 12 Unsecured HOPTR 14 Unsecured Delinquency 15 Less Unsecured Redevelopment Impact 16 Amount to be raised by Secured Taxes 18a Tax rate times #4 398,889 0 24,749 0 374,140 377,764 18b Tax rate times HOPTR 4,056 19 Secured Proof 381,820 20 Raised by 1/100th mil 2,864 21,23 Taxes Raised 409,432 I CERTIFY THAT E ABOVE COMPUTED RATE + 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND Tina Norrd' Financial '.ervices Officer 7/3/2012 Date CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17th, 2012 AGENDA ITEM NO. 16 ITEM TITLE: Warrant Register #51 for the period of 06/13/12 through 06/19/12 in the amount of $472,723.91. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/13/12 through 06/19/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Palm Engineering 302608 91,064.72 Project Professionals 302613 78,880.50 Explanation Drainage Improvements / Engineering Services 8th Street Sewer Replacement 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 $472,723.19 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: /arrant Register #51 1/3 PAYEE ALDEMCO ARROWHEAD FORENSIC PRODUCTS FILIPPI'S PIZZA GROTTO ABCANA INDUSTRIES AEP CALIFORNIA LLC AFLAC ALIGNMENT EXPRESS ALL FRESH PRODUCTS AT&T/MCI AVA TAJI AWARD MASTER INC BLUE VIOLET NETWORKS BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS CA ASSOC OF CODE ENFORCEMENT CA ASSOC OF CODE ENFORCEMENT r ^ ASSOC OF CODE ENFORCEMENT iSSOC OF CODE ENFORCEMENT _ EXPRESS CEB CEB CHEVRON & TEXACO CINTAS DOCUMENT MANAGEMENT CITY OF NATIONAL CITY CONSTRUCTION ELECTRONICS INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COURTESY CHEVROLET/ALLY COX COMMUNICATIONS COX COMMUNICATIONS DAY WIRELESS SYSTEMS (20) DTSC DUNBARARMORED INC EARLY CHILDHOOD ESGIL CORPORATION ESGIL CORPORATION FEDEX FERGUSON ENTERPRISES INC FIRE ETC G & A AUTO AIR CONDITIONING GALLS INC 7RGE'S LAWN EQUIPMENT CO iRIA JIMENEZ GRANICUS INC GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS HAWTHORNE MACHINERY HUSK PARTNERS NAB 18 8'7�, nico IT D WARRANT REGISTER # 51 6/19/2012 DESCRIPTION FOOD & CONSUMABLES / NUTRITION SCRUBS, DO IT ALL WIPES / POLICE PANEL LUNCH FIREFIGHTER INTERVIEW POOL CHEMICALS WINDOW TINT, TINT 900001 ACCT BDM36 - JUNE 2012 LABOR, REAR SUSPENSION REPAIRS FOOD / NUTRITION CENTER SBC AT&T PHONE SERVICE / MIS REFUND - BUSINESS LICENSE QUEEN/PRINCESS CROWNS 2012 EMERGENCY TROUBLESHOOT/REPAIR VIDEO POOL CHEMICALS ELECTRICAL PARTS WINDSHIELD GREEN TINT/BLUE SHADE REGISTRATION: G. IBARRA REGISTRATION: J OLSON MEMBERSHIP: A. VERGARA REGISTRATION: G. IBARRA ATTORNEY SVCS FOR MAY 2012 WRONGFUL EMP TERMINATION 2012 UPDATE CA CIVIL DISCOVERY PRACTICE 2012 UPDATE MOP 45699 FUEL MONTHLY SHREDDING OF (3) 65 GALLON PETTY CASH REPLENISHMENT-05/31/12 CONSTRUCTION ELECTRONICS FIRE ALARMS RCS COMMUNICATIONS MAINTENANCE MAIL PROCESSING SERVICES 2012 CHEVROLET TAHOE / POLICE COX COMMUNICATIONS DATA NIDEO COX COMMUNICATIONS DATA NIDEO RADIO MAINTENANCE SERVICE CONTRACT EPA FEES: EPA #CAL000265249 ARMORED SERVICES FOR FINANCE TEACHERS STORAGE CABINET / CSD PLAN CHECK SERVICES FOR FIRE PLAN PLAN CHECKING SERVICES / BUILDING TECHNICAL PERSONNEL CHARGES-HR 110 XL REG 3.5 FLUSH / PW 1.75" NIEDNER XL-800, YELLOW HOSE LABOR, DIAGNOSE ENGINE NOISE VEH #321 SABRE RED CROSSFIRE STREAM BCZ246OS 23.6CC STEEL W/DAMPER REFUND-DUP PAYMENT-NC1120503006 GRANICUS WEBCAST SERVICE / MIS PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS MEAT DELIVERY / NUTRITION END EDGE/BOLT/CUTTING EDGE CONSULTING SVCS / 5/17/12 - 6/17/12 CHK NO DATE AMOUNT 302535 6/14/12 4,580.34 302536 6/14/12 210.78 302537 6/14/12 89.38 302538 6/19/12 1,340.43 302539 6/19/12 5,784.95 302540 6/19/12 1,075.30 302541 6/19/12 4,514.82 302542 6/19/12 647.41 302543 6/19/12 357.32 302544 6/19/12 100.00 302545 6/19/12 123.91 302546 6/19/12 640.00 302547 6/19/12 1,477.31 302548 6/19/12 462.19 302549 6/19/12 318.48 302550 6/19/12 325.00 302551 6/19/12 325.00 302552 6/19/12 75.00 302553 6/19/12 65.00 302554 6/19/12 48.20 302555 6/19/12 192.66 302556 6/19/12 176.50 302557 6/19/12 606.81 302558 6/19/12 72.95 302559 6/19/12 526.01 302560 6/19/12 843.55 302561 6/19/12 9,275.00 302562 6/19/12 2,459.87 302563 6/19/12 30,934.01 302564 6/19/12 3,049.70 302565 6/19/12 29.12 302566 6/19/12 46.51 302567 6/19/12 200.00 302568 6/19/12 148.10 302569 6/19/12 929.79 302570 6/19/12 764.05 302571 6/19/12 47,964.94 302572 6/19/12 82.38 302573 6/19/12 2,698.25 302574 6/19/12 9,794.04 302575 6/19/12 95.93 302576 6/19/12 460.54 302577 6/19/12 941.26 302578 6/19/12 25.00 302579 6/19/12 1,477.35 302580 6/19/12 500.00 302581 6/19/12 290.08 302582 6/19/12 842.85 302583 6/19/12 4,000.00 2/3 PAYEE INDEPENDENT FORENSIC SERVICES IRON MOUNTAIN JENNIFER MONTES JERAULDS CAR CARE CENTER L N CURTIS & SONS LANGUAGE LINE SERVICES LASER SAVER INC LAW OFFICES OF DON DETISCH LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LINCOLN EQUIPMENT INC LONG BEACH BMW MOTORCYCLES MAN K-9 INC. MELLADO DESIGNS MENG BARE METRO AUTO PARTS DISTRIBUTOR MUNICIPAL MAINTENANCE EQUIP MUNISERVICES LLC NAPA AUTO PARTS NATIONAL CITY CAR WASH NIXON EGLI EQUIPMENT CO NIXON EGLI EQUIPMENT CO NORTH STATE ENVIRONMENTAL O'REILLY AUTO PARTS PALM ENGINEERING PERRY FORD PORAC LEGAL DEFENSE FUND PRIME SPORTS SALES & DESIGN PRO BUILD PROJECT PROFESSIONALS CORP. QUAL CHEM CORPORATION ROAD ONE TOWING ROAD ONE TOWING S & S WELDING S D COUNTY SHERIFFS DEPT SAM'S ALIGNMENT SERVICE SAN DIEGO PET & LAB SUPPLY SD DATA RECOVERY AND COMPUTERS SDG&E SILVERADO AVIONICS SMART SOURCE OF CA LLC SOUTH BAY COMMUNITY SERVICES SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIFORNIA SOIL & SPARKLETTS STAPLES ADVANTAGE STARTECH COMPUTERS TAMISE PARRIS TARGET SPECIALTY PRODUCTS WARRANT REGISTER # 51 6/19/2012 DESCRIPTION 1203182 / SART EXAMS / POLICE RECORDS MANAGEMENT/DOCUMENT STORAGE LIABILITY CLAIM COSTS IDLER ARM - RWD LEFT 12479343 PROTECH GLOVES WNJRISTLET / FIRE LANGUAGE LINE INTERPRETATION SERVICES TONER CARTRIDGES - MIS 16096/16097 WIDENING PLAZA BLVD-MAY 2012 LEAGUE OF CA / CITY DUES 2012 LEAGUE OF CA CITIES MEETINGS ONE-TIME USE WRIST BANDS / CSD DRIVE SHAFT ASSEMBLY WEEKLY MAINTENANCE TRAINING -MAY 2012 CS410 TACTICAL POLO SHIRTS / NSD REFUND: DEP #1719 605 E 16TH STREET CN-P38658 / AUTOMOTIVE SUPPLIES INV 0074390-CM ONE -TOUCH SWITCH, GBROOM SUTA/DIST TAX-QTR ENDING 12/31/11 MOP 45735. SUPPLIES FOR FIRE DEPT CAR WASHES BROOM SHAFT PIV SWEEPER PARTS HAZARDOUS WASTE DISPOSAL MICRO-V BELT K060915 DRAINAGE IMPROVEMENTS R&M CITY VEHICLES LEGAL DEFENSE FUND FOR RESERVES COTTON COLOR TSHIRTS (ORANGE) OSB SHEETS FOR DEPARTMENT TRAINING 8TH STREET SEWER REPLACEMENT CONCENTRATED D'LIMONENE DEGREASER TOWING CHARGES INV 484018/1844288 TOWING FEES 24" COVER ONLY/W LOCK CAL -ID PROGRAM COSTS WHEEL ALIGNMENT MOP 45753 K9 FOOD - PD DATA RECOVERY VM CONFIGURATIONS STREET GAS & ELECTRIC BK VHF 500CH 5W W/ANTENNA / FIRE MOP 63845 BUSINESS CARDS -NEIGHBORHOOD EXP REIMB APR-JUN 2012 / GRANTS REPLACEMENTS ON -CALL GEOTECHICAL SVCS/MAY 2012 WATER MOP 45704 OFFICE SUPPLIES-PD MOP 61744 HIS RADEON HD 5450 LIABILITY CLAIM COSTS AQUAMASTER ROUNDUP CHK NO DATE AMOUNT 302584 6/19/12 2,358.50 302585 6/19/12 135.00 302586 6/19/12 255.20 302587 6/19/12 1,495.95 302588 6/19/12 2,574.77 302589 6/19/12 48.43 302590 6/19/12 826.51 302 591 6/19/12 15, 307.45 302592 6/19/12 600.00 302593 6/19/12 540.00 302594 6/19/12 237.29 302595 6/19/12 1,516.34 302596 6/19/12 1,400.00 302597 6/19/12 487.20 302598 6/19/12 100.00 302599 6/19/12 293.82 302600 6/19/12 72.55 302601 6/19/12 13.11 302602 6/19/12 302603 6/19/12 302604 6/19/12 465.41 302605 6/19/12 89.91 302606 6/19/12 394.35 302607 6/19/12 56.04 302608 6/19/12 91,064.72 302609 6/19/12 225.60 302610 6/19/12 165.00 302611 6/19/12 479.70 302612 6/19/12 1,957.88 302613 6/19/12 78,880.50 302614 6/19/12 500.00 302615 6/19/12 299.20 302616 6/19/12 280.00 302617 6/19/12 158.78 302618 6/19/12 8,507.00 302619 6/19/12 415.78 302620 6/19/12 254.79 302621 6/19/12 1,755.25 302622 6/19/12 28,701.84 302623 6/19/12 2,716.49 302624 6/19/12 126.15 302625 6/19/12 955.00 302626 6/19/12 AS'" 302627 6/19/12 3,2 302628 6/19/12 , 302629 6/19/12 1,182.39 302630 6/19/12 169.87 302631 6/19/12 1,500.00 302632 6/19/12 375.91 3/3 PAYEE TARGET SPECIALTY PRODUCTS TARGET SPECIALTY PRODUCTS THE ROSSDALE GROUP LLC TURNER'S PORTABLE WELDING U S BANK U S BANK U S HEALTHWORKS U S HEALTHWORKS UNION TRIBUNE UNITED ROTARY BRUSH USA MOBILITY WIRELESS, INC. VALLEY DETROIT DIESEL ALLISON VALLEY TRACTOR AND EQUIPMENT VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VERIZON WIRELESS W W GRAINGER WALTERS JAM VILLA FLORES .LY'S ELECTRONIC SUPPLY E2 MANAGE TECH INC EQUIFAX INFORMATION SVCS FEDEX OPPER & VARCO PRUDENTIAL OVERALL SUPPLY SAFETY KLEEN VERIZON WIRELESS VISTA PAINT AMAZON BAKER & TAYLOR BRODART CITY OF NATIONAL CITY EBSCO ACCTS RECEIVABLE INTERSTATE BOOKS4SCHOOL MIDWEST TAPE SIRSIDYNIX 774271 SPRINT STAPLES ADVANTAGE U S POSTMASTER XEROX CORPORATION ..... TION 8 HAPS PAYMENTS NAT try .1I887 INCpp�pa,ATED WARRANT REGISTER # 51 6/19/2012 DESCRIPTION REGISTRATION -GOLF COURSE MGMNT UPDATE ROUNDUP PREMAX 5132002 REGISTRATION:TELEPHONIC SEMINAR -KNIGHT LABOR, WELD REPAIR BRACE CREDIT CARD EXP - COMM SVCS CREDIT CARD EXP - PD MEDICAL SERVICES MEDICAL SERVICES ADVERTISING OF PLANNING COMMISSION SWEEPER REPAIRS PAGING SERVICE FOR FY12. LABOR, CHECK TRANSMISSION LIGHT BLADES 6323W STRAY ANIMAL VET CARE CELL PHONE CHGS- PD VERIZON WIRELESS PHONE SERVICE MOP 65179 BATTERIES - FIRE TUITION REIMB:FIELD EVIDENCE TECH COURSE LIABILITY CLAIM COSTS MOP 45763 ZIP CORD/PIEZO SOUNDER -MIS ENVIRONMENTAL ENG AGREEMENT EQUIFAX INFO SVCS / SEC 8 FEDEX SHIPPING LEGAL SVCS /TOD MOP 45742 UNIFORMS - NEIGHBORHOOD DISPOSAL--2 LANDFILL NON-USDOT CELL PHONE SVCS TO SECTION 8 MOP 68834 FLAT WHITE PAINT BOOKS - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. OUT OF STATE SALES TAX MAGAZINES AND PERIODICALS SUBSCRIPTION CHILDREN'S BOOKS FUNDED BY TARGET MINI DVD'S - AS NEEDED FOR FY 2012. LIBRARY'S AUTOMATION MAINTENANCE FOR FY VIDEO CONFERENCING, LONG DISTANCE MOP #45704 - SUPPLIES POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES AND OVERAGES Start Date End Date 6/13/2012 6/19/2012 CHK NO DATE AMOUNT 302633 6/19/12 275.00 302634 6/19/12 187.94 302635 6/19/12 149.00 302636 6/19/12 176.03 302637 6/19/12 765.83 302638 6/19/12 402.37 302639 6/19/12 205.00 302640 6/19/12 205.00 302641 6/19/12 2,046.00 302642 6/19/12 795.73 302643 6/19/12 788.05 302644 6/19/12 186.00 302645 6/19/12 216.10 302646 6/19/12 89.00 302647 6/19/12 60.52 302648 6/19/12 5,073.80 302649 6/19/12 67.47 302650 6/19/12 127.00 302651 6/19/12 635.00 302652 6/19/12 15.69 302653 6/19/12 6,000.00 302654 6/19/12 151.56 302655 6/19/12 49.96 302656 6/19/12 1,885.90 302657 6/19/12 28.41 302658 6/19/12 574.72 302659 6/19/12 279.69 302660 6/19/12 3,921.20 302661 6/19/12 1,764.11 302662 6/19/12 117.77 302663 6/19/12 342.67 302664 6/19/12 333.16 302665 6/19/12 16,899.00 302666 6/19/12 399.35 302667 6/19/12 816.68 302668 6/19/12 14,738.91 302669 6/19/12 11.10 302670 6/19/12 992.69 302671 6/19/12 272.36 302672 6/19/12 580.08 A/P Total 458,382.35 14,341.56 GRAND TOTAL $ 472,723.91 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN A[JDITED AS REQUIRED BY LAW. TINA NO IIN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 17th OF JULY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17th, 2012 AGENDA ITEM NO. 17 ITEM TITLE: Warrant Register #52 for the period of 06/20/12 through 06/26/12 in the amount of $1,481,888.13. (Finance) PREPARED BY: IK. Apalateguil DEPARTMENT: Fin PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/20/12 through 06/26/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation D-Max Engineering 302701 52,380.09 Storm Water Services Public Emp Ret System 302735 248,773.11 Retirement Insurance / Period 5/29/12 — 6/11/12 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,481,888.13 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Varrant Register #52 1/2 PAYEE ARCO GASPRO PLUS FRANK TOYOTA CHRISTENSEN & SPATH LLP MILLER CHRISTENSEN & SPATH LLP MAZZARELLA LORENZANA LLP OPPER & VARCO AETNA RESOURCES FOR LIVING AGUIRRE ALDEMCO ALEXANDER'S LEGAL SEMINARS ALL FRESH PRODUCTS AT&T MOBILITY AT&T/MCI AZTEC APPLIANCE BMI BONSUISSE INC BRENNTAG PACIFIC INC o""EAU VERITAS N AMERICA ORNIA HIGHWAY ADOPTION CO DE MEXICO CASA DE MEXICO CHILDREN'S HOSPITAL CITY OF CHULA VISTA CLAIMS MANAGEMENT ASSOCIATES DELTA CARE USA DELTA DENTAL DEPARTMENT OF INDUSTRIAL D-MAX ENGINEERING DREW FORD DTSC FASTENAL GARDNER & ASSOCIATES GEORGE WATERS GOLD COAST AMBULANCE GORMSEN APPLIANCE CO HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INC HCFA CIO CITY OF EL CAJON HONEYWELL INTERNATIONAL INC INTELLIBRIDGE PARTNERS LLC INTELLIBRIDGE PARTNERS LLC INTL ASSOC FOR PROPERTY AND 1ULDS CAR CARE CENTER .ER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEXIS NEXIS AF' C.w' oa...Tip' WARRANT REGISTER #52 6/26/2012 DESCRIPTION FUEL TOYOTA PRIUS HYBRID LEGAL SERVICES / WESTSIDE TOD REIMBURSEMENT / POSTAGE LEGAL SERVICESNVESTSIDE TOD/CDC LEGAL SERVICES / CDC LEGAL / EDU VILLAGE -GENERAL / CDC EMP ASST PROGRAM - JUNE 2012 SERVICE REPAIRS / FIRE DEPT NUTRITION - IMPERIAL HD RANGE REGISTRATION: G. MILLER FOOD / NUTRITION CENTER SECURE WIRELESS CIRCUIT / PD SBC AT&T PHONE SERVICE / MIS APPLIANCE PURCHASES LICENSING-BMI MUSIC PERFORMANCE MILK & DAIRY DELIVERY / NUTRITION POOL CHEMICALS SAFE ROUTES TO SCHOOL, MAY SERVICES PARADISE CREEK LITTER REMOVAL FIREFIGHTER INTERVIEWS LUNCH/ FIREFIGHTER INTERVIEW PANEL CHILD ABUSE EXAMS ANIMAL SHELTER COSTS/ 4/2012 / PD CONSULTANT SERVICES / JUNE 2012 PM! COBRA INS - MAY 2012 COBRA DENTAL INS - MAY 2012 AMUSEMENT RIDE INSPECTION FOR LAS PALMAS STORM WATER SERVICES MOP 49078 AUTO PARTS MANIFEST FEES EPA ID #CAL000018771 TIS BLG DIAGNOSTIC THERMAL IMAGING JUNIOR POLICE BADGE STICKER / PD TINY TOTS GRADUATION PARTY AMBULANCE BILL APPLIANCE REPAIRS & PARTS MEAT DELIVERY / NUTRITION 8TH ST. CORRIDOR SMART GROWTH FY12 MEMBER ASSESSMENT / FIRE REPAIRS BUDGET SPECIALIST-SVCS THRU MAY 31, 2012 BUDGET SPECIALIST-SVC THRU APR 30, 2012 REGISTRATION: I CABRALES-PROPERTY ROOM MOP 72449 R&M AUTO EQUIPMENT RET INS JUNE 2012 GRP#104220-03, 104220- RET INS -COBRA MAY 2012 GRP#104220-7002 LAS PALMAS PARK, SERVICES, MAY, 2012 MOP 45725. INK CARTRIDGES / ENG WEBINAR-SKELLY PROCESS POINTERS ONLINE LEGAL RESEARCH FY12 CHK NO DATE AMOUNT 302673 6/21/12 41,884.77 302674 6/21/12 1,049.25 302675 6/26/12 9,206.25 302676 6/26/12 116.20 302677 6/26/12 3,993.75 302678 6/26/12 7,312.62 302679 6/26/12 455.00 302680 6/26/12 726.74 302681 6/26/12 1,987.94 302682 6/26/12 7,645.13 302683 6/26/12 340.00 302684 6/26/12 792.31 302685 6/26/12 2,416.51 302686 6/26/12 1,314.53 302687 6/26/12 1,552.68 302688 6/26/12 573.30 302689 6/26/12 523.27 302690 6/26/12 674.60 302691 6/26/12 750.00 302692 6/26/12 864.00 302693 6/26/12 85.90 302694 6/26/12 75.03 302695 6/26/12 1,259.00 302696 6/26/12 26,378.00 302697 6/26/12 4,965.00 302698 6/26/12 93.19 302699 6/26/12 124.49 302700 6/26/12 292.50 302701 6/26/12 52,380.09 302702 6/26/12 122.37 302703 6/26/12 225.00 302704 6/26/12 2,554.77 302705 6/26/12 698.81 302706 6/26/12 55.00 302707 6/26/12 6,737.00 302708 6/26/12 187.05 302709 6/26/12 1,407.08 302710 6/26/12 7,091.58 302711 6/26/12 2,990.84 302712 6/26/12 905.14 302713 6/26/12 13,740.00 302714 6/26/12 12,480.00 302715 6/26/12 350.00 302716 6/26/12 494.53 302717 6/26/12 17,126.97 302718 6/26/12 1,839.44 302719 6/26/12 20,286.55 302720 6/26/12 156.22 302721 6/26/12 25.00 302722 6/26/12 427.38 PAYEE LOPEZ LORMAN EDUCATION SERVICES MASON'S SAW & MUNICIPAL EMERGENCY SERVICES NAPA AUTO PARTS NINYO & MOORE PEACE OFFICERS RESEARCH PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROVIDEA CONFERENCING, LLC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM S D COUNTY SHERIFF'S DEPT S.D.C,L.E.E.A.A. SAM'S ALIGNMENT SERVICE SAN DIEGO BMW MOTORCYCLES SAN DIEGO FITNESS EQUIPMENT SASI SDG&E SMART SOURCE OF CA LLC STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SWEETWATER AUTHORITY SYSCO SAN DIEGO TARGET SPECIALTY PRODUCTS THE LIGHTHOUSE INC THOMSON WEST TRAINING AND CONSULTING TEAM T-SHIRT MART U S BANK UNITED ROTARY BRUSH VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VWR SCIENTIFIC WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILKINS WOOD & WOOD WRIGHT ZEFERINO PAYROLL Pay period Start Date 13 5/29/2012 NAT dB Tito -' WARRANT REGISTER #52 6/26/2012 DESCRIPTION TRANSLATION SERVICES FOR FY 2012 PREVAILING WAGE LAW MOP 45729 SMALL TOOLS GLOVES / FIRE DEPT MOP 45735 AUTO PARTS SOIL AND MATERIALS TESTING SERVICES PEACE OFFICER RESEARCH ASSOC/PD MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS MOP 45707 SMALL TOOLS SC-EDGE95-XX1 R ONE YEAR SUPPORT MOP 45742. LAUNDRY SERVICES/ FIRE SERVICE PERIOD 05/29/12-06/11/2012 SHERIFF'S RANGE USE / POLICE EXPLORER ACADEMY ENROLLMENT WHEEL ALIGNMENT R&M CITY VEHICLES ELEVATION MOTOR, STAIRMASTER PROCESSING CHGS FLEXIBLE SPENDING FACILITIES GAS & ELECTRIC MOP 63845. BUSINESS CARDS / COUNCIL MOP 45704. OFFICE SUPPLIES / POLICE MOP COMPUTER SUPPLIES / MIS COOLIDGE AVE FACILITIES WATER BILL FOOD & CONSUMABLES / NUTRITION SEMINAR REGISTRATION FEE MOP 45726 AUTO PARTS LEGAL PUBLICATIONS FOR FY12 REGISTRATION: D JOSSE - CANINE LIABILITY 7 VINYL CUTS / FIRE DEPT CREDIT CARD EXP - COUNCIL SWEEPER REPAIRS STRAY ANIMAL VET CARE / POLICE K9 VET CARE / POLICE INV: 8050492321/THERMOMETER / PD JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES/PD REIMB: TUITION -FIELD EVIDENCE TECH LIABILITY CLAIM COSTS REIMBURSEMENT: TINY TOTS GRADUATION REIMBURSEMENT: EDUCATIONAL End Date Check Date 6/11/2012 6/20/2012 2/2 CHK NO DATE AMOUNT 302723 6/26/12 140.00 302724 6/26/12 339.00 302725 6/26/12 569.30 302726 6/26/12 584.31 302727 6/26/12 222.89 302728 6/26/12 2,612.50 302729 6/26/12 110.00 302730 6/26/12 194.83 302731 6/26/12 226.52 302732 6/26/12 490.13 302733 6/26/12 1,810.00 302734 6/26/12 44.90 302735 6/26/12 248,773.11 302736 6/26/12 400.00 302737 6/26/12 7,225.00 302738 6/26/12 214.51 302739 6/26/12 132.13 302740 6/26/12 446.31 302741 6/26/12 12.nn 302742 6/26/12 2,2 302743 6/26/12 302744 6/26/12 797.77 302745 6/26/12 63.38 302746 6/26/12 33,759.00 302747 6/26/12 28,591.47 302748 6/26/12 2,803.88 302749 6/26/12 250.00 302750 6/26/12 189.51 302751 6/26/12 1,287.83 302752 6/26/12 95.00 302753 6/26/12 249.58 302754 6/26/12 492.55 302755 6/26/12 686.31 302756 6/26/12 109.00 302757 6/26/12 211.23 302758 6/26/12 376.72 302759 6/26/12 757.56 302760 6/26/12 412.80 302761 6/26/12 127.00 302762 6/26/12 9,386.00 302763 6/26/12 120.00 302764 6/26/12 618.00 A/P Total 608,0'- 873,870.89 GRAND TOTAL $ 1,481,888.13 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NRRDIN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 17th OF JULY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM Na 18 ITEM TITLE: TEMPORARY USE PERMIT — National Night Out on August 7, 2012 from 5:00pm to 8:00pm at Las Palmas Pool. This is a National City sponsored event per City Council Policy #804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighb• o;j; -rvices Division APPROVED BY: This is a request from Community Services to conduct the National Night Out event at Las Palmas Pool on August 7, 2012 from 5:00 p.m. to 8:00p.m. The pool will be open for this event and it will be staffed by lifeguards. The FFA will cook hot dogs for the attendees and there will also be promotional booths staffed by NCPD, CSD, and Target Stores. The event is a National City Sponsored event per City Council Policy #804. Therefore, the applicant is eligible for a waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing sponsored event per City Council Policy #804 Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: Finance MIS the TUP through various City Departments. This is a City • FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1pplication for a Temporary Use Permit with recommended approvals and conditions of approval. 1. trc 44..„.. 41 • 40,s. 4, 41'71. 4,;44,' 4 .1 ' '"(•*11-"' • ", t?-. • , 1,,::•r+Si 4 `r, ' :,•1%4:4 , Type of Event: Public Concert Fair Festival Parade Demonstration _ _ _ Circus _ Motion Picture Grand Opening _ Other Event Title: V i .A„lt 4 ,,,, \ `, i 1 ( i a) a,k. , 1 61 Event Location: Event Date(s): From (C,17/H..to ("-', ill, Actual Event Hours: ," ';`'x'' am Mto i-:') c" amka Total Anticipated Attendance: :: CO ( Participants Spectators) Setup/assembly/construction Date.: t)A I 11.2, Start time: :".; 0: vl Please describe the scope of your setup/assembly work (specific details): \ \-05.‘ kV, f i c)‘(._:111( 0 4:.'0•& i \I (22,\X) \ 5\ )C-11rY:C1- kbYjk,(1.::. i 'f-.:)-\-CkAA'C C .,•;;0(3.3 Community vent Block Party Dismantle Date: (..% t 12. Completion Time: 6? amn. 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: CIA \,VVA yvy(b, chief Officer of Organization (Name) a Applicant (Name): Address: (‘ :\ Daytime Phone: (, fL" ) Evening Phone: ( ) Fax: ( • E-Mail: \ AKOsi \ )(rs'l LLJ Contact Person "on site" day of the event: 3 Cellular: 11'; ' : NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a ''Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): 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? rfteP744114H.413;Vit7t?,14tYVVITZI;EZTIgr".:4-7;t:*;1W „ ` • ••• • -• 4 ' t • t : t ly .11,4 .11:, t4,,.,S0. 1,= F 0,4,. " t• ^. - • • • • - • t' J t . • ..14.74441.44p4t7ttt-it'421t4t:Fikit.A..41314.14 4..ttri.14,r4:1tAt2J14:11tit 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. -V-••••1 \ • • ‘'C \OCI-.‘CS I • , • t „• • , A ) .(1•A ‘,,(12\ \)2)I \\ \ZA:„1'. 0,10 YE8 j, 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: NO Does the event involve the sale or use of alcoholic beverages? YES' j NO Will items or services be sold at the event? If yes, please describe: ,.r 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. YESO 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.. NO Will the event involve the use of the City, or your stage dr PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: in Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. [ -1 Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Itypu intend to cook food in the event area please specify the method: iArN 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 C' Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: .You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: I\ V' C YES; NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES - NO Is this a night event? if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and 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 DISABLED PARKING: _2. Please describe your plans to notify all residents, businesses and churches impacted by the event: :t'; Lit NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 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 1;1 ` j% ' � l (! ;k) \,(\l1', 1 Person in Charge of Activity i,)t.:\01f Address Telephone i Date(s) of Use �i 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 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: «ES NO Will sound amplification be used? If YES, please indicate: Start time: am ff m j Finish Time ._ ' arn(prin YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start YES time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 1800 East 22nd Street, Nation' CA - Google Maps Page 1 of 1 Go sic To see all the details that are visible on the screen, use the "Print" link next to the map. National 1\J191#* Out Al Si'tt ).A&1' to (Mc Muni��'poo�� http://maps.google.Com/maps'?111-en&tab-wl 6/28/2012 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Community Services Department EVENT: National Night Out DATE OF EVENT: 8/7/12 TIME OF EVENT: 8 am to 5pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Engineering Department has no comments on the National Night Out TUP. RISK MANAGER (619) 336-4370 All looks in order from Risk Managements perspective. PUBLIC WORKS (619)366-4580 PARKS 1. Park staff will set out picnic tables for this event and provide trash cans. After the event is over event staff will clean up the areas as in previous years. 2. PA system will be provided by Community Services STREETS No Involvement. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 31/2`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. 7) Internal combustion power sources that will be used for amplified sound shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the sound system is not in use. 8) If Internal combustion power sources (generators) are used, they shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 10) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 11) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 12) All cooking areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. See Attached 13) First Aid will be provided by Operation Samahan Inc.personnel 14) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. A fee of $200.00 dollars shall be paid directly to the fire department prior to the event 15) Fees can only be waived by City Council. If you have any questions please feel free to contact me. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE I know it's the Fire Department that will be bbq'ing but since it will be available to the public, I have to remain consistent: Food Handlers should have some type of "Food Handler" Certification. POLICE Police involvement —(see attached) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 19 ITEM TITLE: A Public Hearing to consider the report required by California Health and Safety Code Section 5473, Et Seq. pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Director of Public Works to certify with the San Diego County Auditor the "Sewer Service Charge Fund". Sewer service fees will not increase for FY12-13 PREPARED BY: Joe Smith DEPARTMENT: Public •rks PHONE: 336-4587 EXPLANATION: See Attached Explanation APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Report is on file in the office of the City Clerk Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq. California Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, which should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY2012-2013, adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor. The City of National City sewer service fees are monthly flat rates, based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the three-year rate plan adopted by the City in 2003. National City Sewer Service Rates for FY 2004, 2005, and 2006 Residential Flat Rates month) (per Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solids/BOD Strength Category Commercial Commercial. Commercial Commercial Commercial - Low - Medium Low - Medium - Medium High - High Suspended Solids/BOD Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM FY 2004 FY 2005 FY 2006 Monthly Monthly Monthly $ 22.08 $ $ 19.00 $ $ 13.50 $ $ $ $ 2.85 $ 3.09 $ 3.84 $ 4.60 $ 5.75 $ 28.08 $ 32.08 23.00 $ 25.00 17.50 $ 19.50 2.89 $ 3.03 3.13 $ 3.28 3.90 $ 4.09 4.68 $ 4.90 5.86 $ 6.12 It should be noted the City of National City sewer service fee have not increased since FY06 and is below the Regional average fee charge for this service. The table below is an illustration of the fees charged by the major METRO Agency members. Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic Feet). Agency 2010-11 2011-12 2012-13 Del Mar $95.05 $96.45 $125.79 Padre Dam MWD $56.14 $61.49 $75.16 Poway $49.96 $42.72 $44.48 San Diego $54.49 $54.49 $62.45 La Mesa $40.97 $40.97 $40.97 Chula Vista $44.43 $44.43 $44.43 Otay Water District $32.70 $35.67 $36.15 Alpine $34.83 $34.83 $34.83 Lemon Grove $40.18 $40.18 $40.18 National City $32.08 $32.08 $32.08 Imperial Beach $37.53 $37.53 $37.53 Coronado $31.64 $31.68 $31.68 Lakeside $31.67 $31.68 $31.68 Spring Valley $28.00 $28.00 $28.00 El Cajon $25.90 $25.90 $36.56 Wintergardens $18.00 $18.00 $18.00 Average Maximum Minimum $ 45.00 $125.79 $ 18.00 The cost of wastewater collection, transportation and treatment had increased dramatically in the years prior to 2003. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system. These rates are still applicable today baring any unforeseen changes. Currently, the Participating Agencies through the METRO Wastewater Joint Power Authority, along with the City of San Diego that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on maintaining the current waiver for secondary treatment at the Point Loma Treatment Plant, the completion of all past years audits and a revised Sewage Transportation Agreement. The City of National City, as a Participating Agency and interested party, is actively working with METRO/JPA and San Diego staff to assure that any proposed increases are justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 20 ITEM TITLE: Public Hearing to consider adoption of an Interim Ordinance of the City Council of the City of National City pursuant to Government Code Section 65858 as an urgency measure to take effect immediately, extending for one year a moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City PREPARED BY: Claudia Gacitua Silva DEPARTMENT: Cit PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Please see attached staff report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Conduct public hearing. BOARD / COMMISSION RECOMMENDATION: N/A! ATTACHMENTS: Itaff report. Staff Report Background On September 6, 2011, the City adopted a moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments. That moratorium is set to expire July 21, 2012. This matter was brought back before City Council for discussion on June 19 and July 3, 2012. In addition, the report pursuant to Government Code section 65858(d) was approved and issued by the City Council. At the July 3, 2012 City Council meeting, the Council asked staff to notice a public hearing and return with an urgency ordinance for consideration regarding extension of the moratorium on pawnbrokers, secondhand dealers and gold buying. Extension of the Moratorium Generally, the City, to protect the public safety, health, and welfare may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in direct conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering studying or intends to study within a reasonable time. The urgency measure requires a four -fifths vote. Government Code section 65858 allows for the current 10 months and 15 day extension to be extended one additional time for a one year period. Council would need to make the following findings: 1. There is a current and immediate threat to the public health, safety, or welfare; and 2. That the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. As explained below, there is need for further study and additional revision to the Land Use Code to address these uses, especially those uses that are not the primary business or are an accessory to a wholly different type of business. Current Concerns Related to Pawn Shops, Secondhand Dealers, and Gold Buyers As set forth in prior reports to Council, there has been a 200% increase in pawn shops in the City since the 1980's. At the time of the prior reports to Council, there were nine (9) businesses of this type licensed to operate within the City. Of the nine pawn, gold buying and secondhand businesses licensed to do business in National City, seven (7) received their Conditional Use Permits (CUP) between 2008 and 2011. (See Exhibit A, staff report from May 3, 2011 meeting). The City Council has raised the concern of proliferation and saturation of such uses in the City. 1 The City has adopted an updated Land Use Code. National City Municipal Code section 18.30.320 addresses pawn shops, gold buying and secondhand dealing businesses. The provision requires a CUP, and imposes distance requirements. Since the moratorium has been in place, Planning has had three inquiries from businesses wanting to buy gold. They were all told of the moratorium. One (Leo Hamel) is expected to apply for a CUP as soon as possible so that they may engage in gold buying as soon as the moratorium has expired. These businesses are: Roberto's Jewelry, 303 Highland Ave Jeweler Informed of Inc. moratorium — no approvals D&A Jewelers 1021 Highland Ave Jeweler Informed of moratorium — no approvals Leo Hamel Jewelry 1536 Sweetwater Rd Jeweler Informed of Buyers moratorium - no approvals Due to the increasing value of gold, the market has encountered a proliferation of gold buying establishments. Recently, unlicensed and unpermitted gold and other secondhand dealer establishments and vendors have erupted in record numbers. Businesses who do not have pawn, secondhand or gold buying as their primary business are engaging in gold buying as a part of or incidental to their primary business. The number and extent of these businesses engaging in gold buying as an incidental or accessory part of their business is not known because it is not the primary business which is identified on the business license. In addition, electronics businesses have started to engage in secondhand dealing in which they acquire used electronics from sellers. Some businesses pay cash, while others use a "store credit" model. In some instances, companies have used a kiosk model in which electronics are deposited and the depositor is paid via check after the deposited electronic item is processed by the business. These types of secondhand businesses are more recent and are not fully contemplated by the most recent Land Use Code provisions. The National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources. Existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community. While the City has adopted an updated Land Use Code in order to better address pawn shops, gold buying and secondhand dealing businesses, the current 2 issues being seen by the Police Department are not adequately addressed by the most recent provisions and require further study. There is a potential threat to the public health, safety and welfare were the City to permit new establishments without adequate land use controls. Status of Current Moratorium At the regular City Council meeting of September 6, 2011, the City Council enacted, as an urgency ordinance to take effect immediately, Ordinance No. 2011-2366, imposing for a period of 10 months and 15 days a moratorium on the locating of, development, or approval of new pawnshops, secondhand dealers, and precious metal dealing and establishments in the City. The moratorium imposed by Ordinance No. 2011-2366 will expire on July 21, 2012 unless extended by action of the City Council. The Government Code provides that after a public hearing, the 10 month and 15 day moratorium may be extended by one year. Pursuant to Government Code section 65858, prior to expiration of the interim ordinance or extension of the ordinance, the City Council is required to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. Such written report was presented to the City Council at the regular meeting of July 3, 2012. At said meeting, Resolution Number 2012-148 was adopted "Approving and Authorizing a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Locating of, Development or Approval of New Pawnshops, Secondhand Dealers and Precious Metal Dealing and Establishments in National City." Should an extension be adopted, staff would study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, such as gathering information as to the status of such establishments, their effect upon other communities, and possible recommendations for best practices regarding such establishments. 3 7/12/2012 TOP STOLEN ITEMS IN NATIONAL CITY 1. CLOTHING — Brand Name 2. P11 —Personal Identity Information 3. ELECTRONICS - Cell phones, computer, MP3 player, camera, games, TV 4. JEWELRY - Gold 5. BEAUTY PRODUCTS — Brand Name 6. TOOLS WHERE DO THESE ITEMS GO? • CLOTHING - SWAP MEETS, ON-LINE SALES - PRIVATE STORES, MEXICO • ELECTRONICS - ON-LINE SALES, EXCHANGES, SWAP MEETS, PAWN SHOPS • BEAUTY PRODUCTS - ON-LINE SALES, PRIVATE Si ORES, MEXICO, SWAP MEETS • TOOLS - MEXICO, SWAP MEETS, ON-LINE SALES, PAWN SHOPS TOP STOLEN ITEMS IN USA I. CASII 2. PII — Personal Identity Information 3. CLOTHING — Brand Name 4. ELECTRONICS - Ce11 phones, laptops, tablets, games, TV, cameras 5. JEWELRY - Gold 6. BEAUTY PRODUCTS — Brand Name WHY THESE ITEMS? • EASE OF ID THEFT —Minimum Penalty • GOLD TRIPLED IN PRICE IN 5 YEARS • SMART PHONES ARE TODAY'S COMPUTERS/HIGH DEMAND FOR TABLETS • ELECTRONICS EXCHANGE — Easy Cash • ANONYMITY AND CONVENIENCE OF ON-LINE COMMERCE WHERE DO THESE ITEMS GO? • JEWELRY- GOLD BUYERS INCLUDING GOLD BUYERS AT RETAIL, JEWELRY SHOPS, SHOWS, SECOND HAND BUYERS, ANTIQUE SHOPS, PAY DAY LENDERS, SWAP MEETS, PAWN SHOPS 1 7/12/2012 HY PAWN SHOPS ARE LAST ON THE LISTS? • MUST HAVE VALID ID, FINGERPRINTS • INFORMATION GOES IMMEDIATELY TO PD • 30 DAY HOLD NATIONAL CITY STORES • GOLD RUSH - LOCATED IN PLAZA BONITA MALL • D&A Jewelers - LOCATED AT PRICE BREAKERS 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 21 ITEM TITLE: Interim Ordinance of the City Council of the City of National City pursuant to Government Code Section 65858 as an urgency measure to take effect immediately, extending for one year a moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: staff report. Staff Report Background On September 6, 2011, the City adopted a moratorium prohibiting new pawnbroker, secondhand and precious metal dealing establishments. That moratorium is set to expire July 21, 2012. This matter was brought back before City Council for discussion on June 19 and July 3, 2012. In addition, the report pursuant to Government Code section 65858(d) was approved and issued by the City Council. At the July 3, 2012 City Council meeting, the Council asked staff to notice a public hearing and return with an urgency ordinance for consideration regarding extension of the moratorium on pawnbrokers, secondhand dealers and gold buying. Extension of the Moratorium Generally, the City, to protect the public safety, health, and welfare may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in direct conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering studying or intends to study within a reasonable time. The urgency measure requires a four -fifths vote. Government Code section 65858 allows for the current 10 months and 15 day extension to be extended one additional time for a one year period. Council would need to make the following findings: 1. There is a current and immediate threat to the public health, safety, or welfare; and 2. That the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. As explained below, there is need for further study and additional revision to the Land Use Code to address these uses, especially those uses that are not the primary business or are an accessory to a wholly different type of business. Current Concerns Related to Pawn Shops, Secondhand Dealers, and Gold Buyers As set forth in prior reports to Council, there has been a 200% increase in pawn shops in the City since the 1980's. At the time of the prior reports to Council, there were nine (9) businesses of this type licensed to operate within the City. Of the nine pawn, gold buying and secondhand businesses licensed to do business in National City, seven (7) received their Conditional Use Permits (CUP) between 2008 and 2011. (See Exhibit A, staff report from May 3, 2011 meeting). The City Council has raised the concern of proliferation and saturation of such uses in the City. 1 The City has adopted an updated Land Use Code. National City Municipal Code section 18.30.320 addresses pawn shops, gold buying and secondhand dealing businesses. The provision requires a CUP, and imposes distance requirements. Since the moratorium has been in place, Planning has had three inquiries from businesses wanting to buy gold. They were all told of the moratorium. One (Leo Hamel) is expected to apply for a CUP as soon as possible so that they may engage in gold buying as soon as the moratorium has expired. These businesses are: Roberto's Jewelry, 303 Highland Ave Jeweler Informed of Inc. moratorium — no approvals D&A Jewelers 1021 Highland Ave Jeweler Informed of moratorium — no approvals Leo Hamel Jewelry 1536 Sweetwater Rd Jeweler Informed of Buyers moratorium - no approvals Due to the increasing value of gold, the market has encountered a proliferation of gold buying establishments. Recently, unlicensed and unpermitted gold and other secondhand dealer establishments and vendors have erupted in record numbers. Businesses who do not have pawn, secondhand or gold buying as their primary business are engaging in gold buying as a part of or incidental to their primary business. The number and extent of these businesses engaging in gold buying as an incidental or accessory part of their business is not known because it is not the primary business which is identified on the business license. In addition, electronics businesses have started to engage in secondhand dealing in which they acquire used electronics from sellers. Some businesses pay cash, while others use a "store credit" model. In some instances, companies have used a kiosk model in which electronics are deposited and the depositor is paid via check after the deposited electronic item is processed by the business. These types of secondhand businesses are more recent and are not fully contemplated by the most recent Land Use Code provisions. The National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources. Existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community. While the City has adopted an updated Land Use Code in order to better address pawn shops, gold buying and secondhand dealing businesses, the current 2 issues being seen by the Police Department are not adequately addressed by the most recent provisions and require further study. There is a potential threat to the public health, safety and welfare were the City to permit new establishments without adequate land use controls. Status of Current Moratorium At the regular City Council meeting of September 6, 2011, the City Council enacted, as an urgency ordinance to take effect immediately, Ordinance No. 2011-2366, imposing for a period of 10 months and 15 days a moratorium on the locating of, development, or approval of new pawnshops, secondhand dealers, and precious metal dealing and establishments in the City. The moratorium imposed by Ordinance No. 2011-2366 will expire on July 21, 2012 unless extended by action of the City Council. The Government Code provides that after a public hearing, the 10 month and 15 day moratorium may be extended by one year. Pursuant to Government Code section 65858, prior to expiration of the interim ordinance or extension of the ordinance, the City Council is required to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. Such written report was presented to the City Council at the regular meeting of July 3, 2012. At said meeting, Resolution Number 2012-148 was adopted "Approving and Authorizing a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Locating of, Development or Approval of New Pawnshops, Secondhand Dealers and Precious Metal Dealing and Establishments in National City." Should an extension be adopted, staff would study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, such as gathering information as to the status of such establishments, their effect upon other communities, and possible recommendations for best practices regarding such establishments. 3 ORDINANCE NO. 2012 — AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING FOR ONE YEAR A MORATORIUM PROHIBITING NEW PAWNBROKER, SECONDHAND, AND PRECIOUS METAL DEALING AND ESTABLISHMENTS IN NATIONAL CITY WHEREAS, the City of National City desires to promote and encourage an atmosphere of healthy and diversified businesses in harmony with the interests of the public as determined by the land uses allowed within the City; and WHEREAS, the City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand, and precious metal dealers and establishments within the City; and WHEREAS, since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments, with most of the increase occurring between 2008 and 2011. Various existing businesses have also expanded to include dealings in secondhand goods in recent years. Moreover, due to the increasing value of gold and other precious metals, the market has encountered a proliferation of precious metal buying establishments. Recently, unlicensed and unpermitted precious metal and other secondhand dealer establishments and vendors have erupted in record numbers; and WHEREAS, the National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources in the current economy; and WHEREAS, there is concern by the City Council that such establishments may have become an excessive burden and may be overly saturated and concentrated in the City at this time; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, for example, to gather information concerning the status of such establishments and their effect upon other communities; and WHEREAS, the City Council finds that existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community; and WHEREAS, the City Council finds that without adequate land use controls there would be a current and immediate threat to the public health, safety, and welfare were the City to permit new pawnbrokers, secondhand, and precious metal dealing and establishments, and that the issuance of building permits, certificates of occupancy, and other entitlements for use for such establishments would result in a threat to the public health, safety, and welfare; and WHEREAS, at their regular public meeting held on August 2, 2011, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2011- 2364, enacting a moratorium for a period of 45 days on the locating, development, or approval of new pawnshops, secondhand dealers and precious metal dealing and establishments in the City; and WHEREAS, at their regular public meeting held on September 6, 2011, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2011- 2366, extending the 45-day moratorium established by Ordinance No. 2011-2364 fora period of ten months and 15 days on the locating, development, or approval of new pawnshops, secondhand dealers, and precious metal dealing and establishments in the City; and WHEREAS, at their regular meeting of July 3, 2012, the City Council adopted Resolution No. 2012-148, "Approving and Authorizing a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Locating of, Development or Approval of New Pawnshops, Secondhand Dealers and Precious Metal Dealing and Establishments in National City"; and WHEREAS, on July 17, 2012, the City Council held a public hearing, at which time oral and documentary evidence was heard, to consider adopting an urgency interim ordinance to extend for one year the 10-month 15-day moratorium established by Ordinance No. 2011-2366; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to extend for an additional period of one year the moratorium established by Ordinance No. 2011-2366 prohibiting the locating, development, or approval of new pawnshops, secondhand dealers, and precious dealing and establishments in the City; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating new pawnshops, secondhand dealers, and precious metal dealing and establishments as soon as practicable. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. For a period of one year from the effective date of this Ordinance, no new building permit, certificate of occupancy nor entitlement for use shall be issued for and no new construction shall take place relating to pawnbrokers, secondhand, and precious metal dealing and establishments, and no new building permit, certificate of occupancy, nor entitlement for use shall be issued for and no new construction shall take place relating to the location, development, or approval of any new establishment. Section 2. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of the Government Code, and shall take effect immediately. Section 3. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. 2 Ordinance No. 2012 — 2374 Pawnbroker Moratorium — One Year Extension PASSED and ADOPTED this 17th day of July, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor 3 Ordinance No. 2012 — 2374 Pawnbroker Moratorium — One Year Extension CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO.22. ITEM TITLE: Ordinance of the City Council of the City of National City amending Title 13 of the National City Municipal Code by adding Chapter 13.28 pertaining to the proprietary use of and placement of signs on City property PREPARED BY: Claudia Gacitua Silva PHONE: X 4222 EXPLANATION: DEPARTMENT: City f ,orney APPROVED BY: This ordinance sets forth the policies and regulations for the display of signs on City property. It prohibits, generally, the display of signs on City property by private persons or other governmental agencies. Signs for traffic control, directional signs, or other governmental signs erected in furtherance of official duties are exempt from this prohibition. The ordinance also addresses picketing in traditional public forum areas setting limits on the size of such signage, and is drafted to comply with Constitutional requirements. The ordinance also authorizes the City Council to allow digital display signs for general advertising for hire after consideration of factors, such as, maximization of the economic value of City property, revenue generation for the general fund, dissemination of City's own message and emergency messages, encouragement of economic activity, and the effect on view scape. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: x Finance MIS STAFF RECOMMENDATION: Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: roposed ordinance ORDINANCE NO. 2012 — 2373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 13 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 13.28 PERTAINING TO PROPRIETARY USE OF CITY PROPERTY NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Title 13 of the National City Municipal Code is hereby amended by adding Chapter 13.28, to read as follows: Chapter 13.28 PROPRIETARY USE OF CITY PROPERTY Sections: 13.28.010 Title. 13.28.020 Capacity. 13.28.030 Scope. 13.28.040 Intent as to forum. 13.28.050 Definitions. 13.28.060 Enforcement. 13.28.070 General prohibition. 13.28.080 Signs exempt from the permit requirement. 13.28.090 Permanent, private party signs on City property, 13.28.100 Vehicle signs on City property. 13.28.010 Title. This Chapter may be referred to as the City Property Sign Ordinance. 13.28.020 Capacity. In adopting this Chapter the City Council acts in its proprietary capacity as to City property. 13.28.030 Scope. This Chapter states City policies and rules for the display of signs on City property, as defined herein. 13.28.040 Intent as to forum. The City declares its intent that all City Property shall not function as a designated or limited public forum for sign display, unless some specific portion of City Property is designated as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period. By adopting this Chapter, the City Council intends to balance the rights of free speech, protected by the First Amendment to the U.S. Constitution and corollary provisions of the California Constitution, against the City's own speech rights, its own property rights, and the public interests in reducing the visual clutter and safety risks that can result from excessive or inappropriate signage. 13.28.050 Definitions. For purposes of interpreting and enforcing this Chapter, the following words have the special definitions given. For words not defined in this Chapter, definitions from the Regulatory Sign Ordinance may be used. "Administrator" means the person authorized by the City Council to enforce and interpret this Chapter; in the absence of a contrary authorization by the City Council, the Administrator shall be the City Manager or his/her designee. "City" means, for purposes of this Chapter, the City of National City, California and any other legal entity for which the members of the City Council also act as the legislative or policy - making body, when such other entities formally adopt or approve this Chapter as applicable to their properties and facilities. Without limitation, such other legal entities include the City as Successor Agency to the National City Redevelopment Agency, the Community Development Commission — Housing Authority, the National City Parking Authority, and the Joint Powers Financing Authority. "City Property" means land or other property or facilities in which the City of National City (as defined herein) is the legal owner or has the present right of possession and control (even if only temporarily), as well as areas that are either designated as public rights -of -way or which have long been used as such. "Permit" means a written authorization from the City for third party display of a sign on City property. "Personally attended" means that a living person is physically present within five feet of the sign at all times that the sign is on public display. "Sign ordinance" means Chapter 18.47 of the National City Municipal Code, as it may be amended from time to time. "Traditional Public Forum" means the surfaces of City -owned streets, surfaces of parks that are open to the public, surfaces of City -owned plazas, surfaces of sidewalks that are connected to the City's main pedestrian circulation system, and the exterior surface of pedestrian areas immediately surrounding City Hall. 13.28.060 Enforcement. The Administrator is authorized and directed to enforce this Chapter. Any violation of this Chapter is declared to be a public nuisance which may be abated by any means provided by law, including but not limited to any remedy for illegal signs as set forth in the Sign Ordinance, other city law, or any remedy available under state law, including but not limited to Penal Code 556, may also be used. Legal remedies under this Section are cumulative and discretionary, and are not exclusive. 13.28.070 General prohibition. Private persons and governmental agencies other than the City may not display signs on City Property unless such display is specifically authorized by this Chapter or by state or federal law or Court order. 13.28.080 Siqns Exempt from the permit requirement. The signs described in this Section may be mounted, installed, or displayed on City Property without a Permit, but remain subject to all other applicable laws, rules, regulations, and policies. A. Government signs. Signs posted by the City on City Property to express its own message(s) to the public; traffic control and traffic directional signs erected by the City or another governmental entity in fulfillment of their official duties; official notices required or 2 Proprietary Use of City Property Ordinance No. 2012-2373 authorized by law or court order; signs placed in furtherance of the City's governmental functions. B. Picketing in traditional public forum areas. The personal carrying of signs or "picketing", displaying constitutionally protected noncommercial speech messages, is allowed in Traditional Public Forum areas, except in the roadway when it is open to normal vehicular traffic; picketers may not interfere with public ingress or egress or free use of sidewalks or public right-of-way. All picket signs must be worn on the person, hand held, or personally attended at all times, and may not exceed a cumulative total of six square feet. (In the case of double -sided signs, only one side counts toward the area total; if two sides are not equal in size, then the larger shall be used to calculate sign size.) For safety reasons, picketing is allowed only from 7:00 a.m. until 10:00 p.m.; however, on evenings when there is a public hearing at City Hall, picketing may continue until thirty minutes after the meeting for such hearing has closed. This subsection does not authorize the display of commercial messages on City Property, nor does it authorize the posting of inanimate signs on City Property, regardless of message type. This section does not apply to personally held signs displayed inside City buildings. 13.28.090 Permanent, private party signs on City property. A. Permanent Signs on City Property. Notwithstanding Chapter 18.47, in order to realize the revenue potential of City Properties, and to provide a method for City messages to be presented to the public, the City Council may allow qualified private parties to place permanent signs on City property in exchange for rent and other considerations to be negotiated and included in a lease and/or development agreement. Such permanent signs may use digital display and may be operated as billboards, i.e., be used for general advertising for hire. Before entering into any arrangement for private party permanent signs on City Property, a Request for Qualifications ("RFQ") or Request for Proposals ("RFP") will have been issued and thereafter considered by Administrator and/or City. The City retains all discretion to reject all proposals and terminate the prospective program. B. Proposals. In reviewing any proposed lease, the Council shall consider the following factors, weighted as the City Council deems appropriate: 1) the degree to which the lease maximizes the economic value of the City's property; 2) the degree to which the lease will contribute revenue to the City's general fund; 3) the degree to which the lease will allow dissemination of the City's own messages, public service messages, and/or emergency messages to the public; and, 4) the degree to which the lease will encourage economic activity in the City. C. Location and Limitations. Any permanent sign located on City Property pursuant to this Section must satisfy all other applicable legal requirements, including but not limited to Caltrans rules; and, may be located only alongside 1-5, 1-805, or State Highway 54. No more than three such new sign structures may be constructed in the City. --- Signature Page to Follow --- 3 Proprietary Use of City Property Ordinance No. 2012-2373 PASSED and ADOPTED this 17th day of July, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 4 Proprietary Use of City Property Ordinance No. 2012-2373 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 23 ITEM TITLE: Resolution adopting the report required by Health & Safety Code Section 5473 et seq pertaining to the collection of sewer charges on the tax roll directing the City Clerk to file said report with the San Diego County Auditor and directing the Director of Public Works to certify the "Sewer Service Charge Fund" with the San Diego County Auditor. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: See attached Explanation DEPARTMENT: Public Workss APPROVED BY:5�` t FINANCIAL STATEMENT: ACCOUNT NO. Not applicable ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: Zesolution Explanation Report is on file in the Office of the City Clerk Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq. California Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, which should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY2012-2013, adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor. The City of National City sewer service fees are monthly flat rates, based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the three-year rate plan adopted by the City in 2003. National City Sewer Service Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) FY 2004 FY 2005 FY 2006 Monthly Monthly Monthly Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solids/BOD Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High Suspended Solids/BOO Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM $ 22.08 $ $ 19.00 $ $ 13.50 $ $ 2.85 $ $ 3.09 $ $ 3.84 $ $ 4.60 $ $ 5.75 $ 28.08 $ 23.00 $ 17.50 $ 2.89 $ 3.13 $ 3.90 $ 4.68 $ 5.86 $ 32.08 25.00 19.50 3.03 3.28 4.09 4.90 6.12 It should be noted the City of National City sewer service fee have not increased since FY06 and is below the Regional average fee charge for this service. The table below is an illustration of the fees charged by the major METRO Agency members. Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic feet). Agency 2010-11 2011-12 . 2012-13 Del Mar $95.05 $96.45 $125.79 Padre Dam MWD $56.14 $61.49 $75.16 Poway $49.96 $42.72 $44.48 San Diego $54.49 $54.49 $62.45 La Mesa $40.97 $40.97 $40.97 Chula Vista $44.43 $44.43 $44.43 Otay Water District $32.70 $35.67 $36.15 Alpine $34.83 $34.83 $34.83 Lemon Grove $40.18 $40.18 $40.18 National City $32.08 $32.08 $32.08 Imperial Beach $37.53 $37.53 $37.53 Coronado $31.64 $31.68 $31.68 Lakeside $31.67 $31.68 $31.68 Spring Valley $28.00 $28.00 $28.00 El Cajon $25.90 $25.90 $36.56 Wintergardens $18.00 $18.00 $18.00 Average Maximum Minimum $ 45.00 $125.79 $ 18.00 The cost of wastewater collection, transportation and treatment had increased dramatically in the years prior to 2003. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system. These rates are still applicable today baring any unforeseen changes. Currently, the Participating Agencies through the METRO Wastewater Joint Power Authority, along with the City of San Diego that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on maintaining the current waiver for secondary treatment at the Point Loma Treatment Plant, the completion of all past years audits and a revised Sewage Transportation Agreement. The City of National City, as a Participating Agency and interested party, is actively working with METRO/JPA and San Diego staff to assure that any proposed increases are justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ., PERTAINING TO THE COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE PUBLIC WORKS DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE CHARGE FUND" WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected regional wastewater treatment cost increases, and elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year; and WHEREAS, California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. NOW, THEREFORE, BE IT RESOLVED that for Fiscal Year 2012-2013, the City Council of the City of National City hereby adopts the Report required by California Health and Safety Code Section 5473, et seq., directs that said report be kept on file in the office of the City Clerk, and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the Public Works Director is hereby directed to certify with the San Diego County Auditor the establishment of Fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said fund is hereby approved. PASSED and ADOPTED this 17th day of July, 2012 Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 24 TEM TITLE: Report to the City Council on CYAC's request for changes to Amortization Ordinance. PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: x 4222 APPROVED BY: EXPLANATION: Please see attached Report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File Report BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: report Staff Report Background The Community Youth Athletic Center (CYAC) has asked the City to consider their proposed changes to the City's Land Use Code. Specifically, CYAC has asked for changes to Chapter 18.11, as proposed on the attached document. Below please find staff's (Planning, Long Range Planning, and Legal) comments regarding the proposed changes and the potential effect on amortization. Discussion Overall, CYAC has asked for changes to the Non -conforming chapter in the land use code. The discussion below addresses section by section the various changes sought by CYAC. The actual language proposal is provided as part of the discussion, as well as attached to this report. 1. Section 18.11.020 —Continuance of Nonconforming Uses CYAC has proposed that Section 18.11.020 be amended to add "structure, or lot" to the provision that provides lawful nonconforming uses the ability to continue. 18.11.020 CONTINUANCE Any lawful nonconforming use, structure, or lot existing at the time of adoption of the Land Use Code may be continued, provided such use is continually maintained and occupied. A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter. Staff comment: This requested change would create the scenario that if the structure was not occupied, then the structure itself could not continue to exist, as it would have discontinued. Staff does not believe this is CYAC's intent, however does lead to such possible result. Moreover, in the instance of a vacant lot, the same would be true. For example, a vacant lot may be nonconforming in size. In the absence of the proposed change by CYAC, an undersized/nonconforming lot could seek a variance to develop. Under this proposed change, a vacant lot, which would mean it is unoccupied, could not continue as nonconforming because it would not have been "continually maintained and occupied." Staff recommendation: The proposed changes could lead to unintended consequences. Staff does not recommend pursuing the above proposed changes. 2. Section 18.11.030 — Enlargements and Alterations CYAC has proposed that Section 18.11.030 regarding when enlargements or alterations could occur. Generally, a building used for a nonconforming use cannot be expanded or enlarged. CYAC's proposed changes would change the intent of the provision to allow nonconforming uses themselves to expand. 18.11.030 ENLARGEMENTS AND ALTERATIONS A. Changes to Non -Conforming Uses No existing building or premises designed, arranged, intended, or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except that such uses, as well as lawful nonconforming structures and lots, may be enlarged, extended, reconstructed or structurally altered as long as: 1. Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing does not exceeding twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted. 2. These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all setback requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site. 3. A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, i.e., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used. 4. A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.11.040 may expand, enlarge, reconstruct, or structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to 20 percent within the existing parcel in which it is located, subject to first obtaining a conditional use permit. Staff comment: This proposal includes adding lots, but lots cannot generally be enlarged, extended, reconstructed or structurally altered. This section, as originally written, pertains mainly to buildings/structures. Adding "uses" to the language implies uses could be expanded, which is not the overall intent of this provision. Uses are already specifically addressed in subsections 2 and 4. Staff recommendation: Given the comments above, staff does not recommend pursuing the above proposed changes. 3. Section 18.11.100 — Amortization CYAC has proposed changing the language to the amortization section. There are two primary changes. The first change is to increase from 10 to 90 days the written notice of the public hearing. The second change makes much greater substantive changes to amortization. 18.11.100 TERMINATION D. Affirmative Termination by Amortization 1. The City Council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after 1-0 90 days' written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to the public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Municipal Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the Planning Commission shall consider: a. The total cost of land and improvements; b. The length of time the use has existed; c. Adaptability of the land and improvements to a currently permitted use; d. The cost of moving and reestablishing the use elsewhere; e. Whether the use is significantly nonconforming; f. Compatibility with the existing land use patterns and densities of the surrounding neighborhood; g. The possible threat to public health, safety, or welfare; and h. Any other relevant factors. title. This amortization Section does not apply to residential uses or to any lawful nonconforming structures or lawful nonconforming lots devoted to conforming uses, unless such structures or lots are deemed to be an imminent threat to public health and safety. Failure to comply with the City Council's order to terminate a nonconforming use shall constitute a violation of this chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code. Staff comments to increasing the written notice period: Increasing the number of days for written notice will provide those property or business owners more time. While increasing the number of days does not affect the substantive portions of the amortization ordinance, increasing the days to 90 does slow down the process. A 30 day notice is what is generally provided for court hearings, such as for motions. Staff comments to striking the meaning of "nonconforming use" and adding the additional language: removing the paragraph explaining that nonconforming uses applies to uses, structures, and lots is a major substantive change and would limit the City Council's discretion in future actions. In addition, nonconforming structures and lots were taken into account in developing the amortization ranking formula. This change would require revisiting the ranking formula, data, and results. We cannot say what the effect would be to the current ranking until the data and formula were revisited. In addition, including structures and lots in amortization allows the Council to amortize them, if and when the Council determines this is the direction they may want to go. Eliminating this possibility ties the Council's hand in a way that was not intended when amortization was adopted. Lastly, adding that amortization can be used for Tots or structures that are an imminent threat does not assist the City. The City already has the authority to abate these when there is an imminent threat under the nuisance abatement provisions of the Code. The City would not use amortization to abate an imminent threat. Staff recommendations: Increasing the written notice period would not negatively affect the amortization section. If the City Council is inclined to increase the written notice period, staff suggests that 30 days is sufficient notice. In regard to the other changes to this section, staff does not recommend such changes, as they are major substantive changes to amortization. Conclusion and Options Staff has reviewed the proposed changes and provided their comments and recommendations above. If Council would like staff to return with any changes, such direction could be provided, otherwise, the staff report can be accepted and filed. If the direction is to return with changes, staff can bring back any changes at the time other changes to the Land Use Code are before Council for consideration. (L) CYAC'S SUGGESTED CHANGES TO NATIONAL CITY'S PROPOSED LAND USE CODE 18.11.010 PURPOSE Within the zones established by this title, there exist uses, structures and lots which were lawful before the Land Use Code was adopted or amended, but which would be prohibited under the terms of this title or future amendment to this title. It is the intent of this title to permit these nonconforming uses to continue until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of the Land Use Code, provided such permit construction is diligently carried to completion. 18.11.020 CONTINUANCE Any lawful nonconforming use, structure, or lot existing at the time of adoption of the Land Use Code may be continued, provided such use is continually maintained and occupied. A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter. 18.11.030 ENLARGEMENTS AND ALTERATIONS A. Changes to Non -Conforming Uses No existing building or premises designed, arranged, intended, or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except that such uses, as well as lawful nonconforming structures and lots, may be enlarged, extended, reconstructed or structurally altered as long as: 1. Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing does not exceed+Rg twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted. 2. These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all setback requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site. 3. A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, i.e., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used. 4. A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.11.040 may expand, enlarge, reconstruct, or structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to 20 percent within the existing parcel in which it is located, subject to first obtaining a conditional use permit. 18.11.100 TERMINATION 0. Affirmative Termination by Amortization 1. The City Council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after -1890 days' written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to the public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Municipal Code. In making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the Planning Commission shall consider: a. The total cost of land and improvements; b. The length of time the use has existed; c. Adaptability of the land and improvements to a currently permitted use; d. The cost of moving and reestablishing the use elsewhere; e. Whether the use is significantly nonconforming; f. Compatibility with the existing land use patterns and densities of the surrounding neighborhood; g. The possible threat to public health, safety, or welfare; and h. Any other relevant factors. This amortization Section does not apply to residential uses or to any lawful nonconforming structures or lawful nonconforming lots devoted to conforming uses, unless such structures or lots are deemed to be an imminent threat to public health and safety. Failure to comply with the City Council's order to terminate a nonconforming use shall constitute a violation of this chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code. 2. That a notice of exemption shall be filed indicating that this amendment to the Municipal Code is exempt from the California Environmental Quality Act, because it can be said with certainty that there is no possibility that the action will have a significant effect on the environment as it does not have a direct effect on any property or environmental consequence. cD CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2012 AGENDA ITEM NO. 25 ITEM TITLE: Request for City Council Member Appointment(s) to City of National City Nutrition Center Sustainability Ad -Hoc Committee PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619-336-4240 APPROVED EX - EXPLANATION: See attached report FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Appoint Councilmember(s) to City of National City Nutrition Center Sustainability Ad -Hoc Committee. BOARD ( COMMISSION RECOMMENDATION: N/A ATTACHMENTS: •tall Report Request for City Council Member Appointment(s) to City of National City Nutrition Center Sustainability Ad -Hoc Committee The City of National City has seven (7) established Boards and Commissions whose members are appointed by the Mayor and City Council. The City also has a number of ad -hoc committees which are generally short-term in nature and for a specific purpose, and are generally comprised of city staff, community members, and City Councilmembers. At the May 22, 2012 City Council meeting, Councilmember Natividad requested the City Council consider forming a committee to identify potential revenue generating ideas, grant funding opportunities and other ways to help sustain the Nutrition Center's operation. The proposed ad -hoc committee would include one or two City Councilmembers, two members from the Parks, Recreation, and Senior Citizens Advisory Board (PRAB), and the City Attorney or her designee. It is recommended that Executive Director Brad Raulston and Nutrition Center Manager Ingrid Slettengren would staff the committee. Report Update: • June 5, 2012 — The City Council considered the item. Mayor Morrison and Councilmember Natividad were appointed as Council representatives. Also, at this same meeting, under Public Oral Communications, Ms. Yvonne Cordoba requested that she and Ms. Nora McMains be considered for appointment to the Nutrition Center ad hoc committee. • June 19, 2012 — Councilmember Rios requested that the item be brought back for a vote. • June 21, 2012 — Parks, Recreation & Senior Citizens Advisory Board (PRAB) discussed the item at its regular meeting. The PRAB Board appointed board members Ms. Yvonne Cordoba and Ms. Nora McMains to the Nutrition Center ad hoc committee. • July 3, 2012 — The City Council considered the item. A motion was made to appoint Mayor Morrison to the Nutrition Center ad hoc committee; motion died for lack of a second. • July 9, 2012 — Councilmember Rios requested that the item be brought back on the agenda. 1 Background: The George H. Waters Nutrition Center, located at 1415 D Avenue, is an anchor in the National City community. The Nutrition Center offers one on -site (congregate) nutritionally balanced meal per day for senior adults 60 years of age and older. The Nutrition Center Program also provides a "Home Delivered Meals Program." Approximately 100 seniors receive meals through the Home Delivery Program, seven days a week for which there is no charge, only a "suggested contribution." The goal of the Nutrition Center's programs is to promote better health, to reduce or prevent isolation through coordinated congregate, home delivered meals and supportive services. Staff and volunteers who deliver meals through the Home Delivery Program also offer an important opportunity to check on the welfare of the homebound and offer a positive social contact. The Nutrition Center's costs are offset by a contract with the County of San Diego. The City of National City also provides annual funding to the Nutrition Center in the amount of approximately $326,093 for Nutrition Center operations. In order to help offset some of the City's annual funding obligation at the January 24, 2012 City Council meeting, the Council considered contracting with a non- profit party to assume the County of San Diego's contract and assume operational duties of the Nutrition Center. At this meeting, the City Council directed staff to "explore and exhaust other avenues such as a 501 (c) 3 and possible grants and come back with other ideas". To help carry out the Council's direction, it is envisioned that the proposed ad - hoc committee would identify potential revenue generating ideas, grant funding opportunities and other ways to help sustain the Nutrition Center's operation. If formation of the Committee is approved, we would anticipate a mid -year report from the ah-hoc Committee to the City Council providing such options and recommendations. 2 ITEM #26 7/17/12 CLOSED SESSION REPORT (CITY ATTORNEY) ITEM #27 7/17/12 CITY COUNCIL REQUESTING STATUS REPORT ON THE PROPOSED CITY PICNIC (COUNCIL INITIATED)