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Home My WebLink About2013 01-15 CC HA AGENDA PKTAgenda of A Regular Meeting - National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Regular Meeting — Tuesday — January 15, 2013 — 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 esparto/ se proporciona durance sesiones del Consejo Municipal. Los audiBfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority 01/15/13 - Page 2 CITY COUNCIL PRESENTATIONS 1. 2013 Storm Water Calendar Presentation (Engineering) 2. Housing Element Update — (Redevelopment) INTERVIEWS/APPOINTMENTS 3. Interviews and Appointments — Various Boards & Commissions and Outside Agencies (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. 4. 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 December 18, 2012. (City Clerk) 5. 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) 6. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the 3000 block of E. 6th Street. (TSC 2012-25). (Engineering) National City City Council /Community Development Commission/Housing Authority 01/15/13 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the Mayor to sign a Service Level Agreement for the provision of a portion of the Regional Command and Control Communications (3Cs) transport network for exclusive use of the San Diego County Sheriffs Department for Cal -ID data as part of the 3Cs Memorandum of Understanding. (Fire) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY 12 State Homeland Security Grant Program for equipment, training, exercises, and planning for police and fire personnel. (Fire) 9. Resolution of the City Council of the City of National City authorizing funds in the amount of $23,526 for the reimbursable grant purchase of equipment for the Police and Fire Departments from the FY 2012 State Homeland Security Grant Program. (Fire) 10. Resolution of the City Council of the City of National City authorizing the Mayor to sign a Memorandum of Agreement with the Unified San Diego County Emergency Services Organization for the temporary transfer of a Mass Casualty Apparatus. (Fire) 11. Resolution of the City Council of the City of National City authorizing the extension of the existing Regional Communications System (RCS) contract with the County of San Diego until March 31, 2016. This second three year extension to the Agreement will provide participating agencies continued service on the RCS while County staff and the RCS Board of Directors complete planning efforts for the replacement of the RCS system and to develop a new participating agency agreement. (Police) 12. Resolution of the City Council of the City of National City authorizing the City of National City to enter into an Agreement with the State of California and designating the City Manager to sign the Agreement and any Amendments thereto, for the "A" Avenue Green Street and Pedestrian Pathway Project. (Funded by Proposition 84 Storm Water Grant and various CIP) (Engineering) National City City Council /Community Development Commission/Housing Authority 01/15/13 - Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City authorizing the filing of an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $1,300,000 for the Highland Avenue Smart Growth Corridor Project; and if awarded the grant, committing to $900,000 in matching funds, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project. (Engineering 14. Resolution of the City Council of the City of National City authorizing the filing of an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $2,000,000 for the National City Downtown-Westside Community Connections Project; and if awarded the grant, committing the $2,200,00 in matching funds, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project. (Engineering) 15. Resolution of the City Council of the City of National City authorizing the filing of an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $400,000 for the Las Palmas Park Expansion Health Impact and Benefit Assessment; and if awarded the grant, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project. (Engineering) 16. TEMPORARY USE PERMIT — Neighborhood Appreciation Day hosted by Igiesia Ni Cristo on February 16, 2013 from 12:00 pm to 4:00 pm with no waiver of fees. (Neighborhood Services) 17. TEMPORARY USE PERMIT — Circus Event hosted by American Crown Circus on February 21st thru 25th, 2013 from 6:00 pm to 9:30 pm at 3000 National City Boulevard with no waiver of fees. (Neighborhood Services) 18. WARRANT REGISTER #23 Warrant Register #23 for the period of 11/28/12 through 12/04/12 in the amount of $1,254,060.84. (Finance) National City City Council /Community Development Commission/Housing Authority 01/15/13 - Page 5 CONSENT CALENDAR (Cont.) 19. WARRANT REGISTER #24 Warrant Register #24 for the period of 12/05/12 through 12/11/12 in the amount of $1,522,642.18. (Finance) PUBLIC HEARING 20. Continued Public Hearing — Street Vacation of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Blvd. as part of the Revolution 2 Project. (Applicant: The Focus Group) (Case File No. 2012-16 SC). (Planning) (Continued from Council meeting of 12/18/12) **Companion Item #22** ORDINANCE FOR INTRODUCTION 21. Ordinance of the City Council of the City of National City adding Title 16 to the National City Municipal Code pertaining to City Boards, Commissions and Committees. (City Attorney) NON CONSENT RESOLUTION 22. Resolution of the City Council of the City of National City authorizing the execution of an Order to Vacate for the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Blvd. as part of the Revolution 2 Project. (Applicant: The Focus Group) (Case File No. 2012-16 SC) (Planning) **Companion Item #20** COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO ITEMS National City City Council /Community Development Commission/Housing Authority 01/15/13 - Page 6 STAFF REPORTS 23. Access Cable Termination of Cable Services as of January 1, 2013. (Housing & Grants) 24. Enterprise Zone Update. (Housing & Grants) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — February 5, 2013 — 6:00 p.m. - Council Chambers — National City, California. COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcltvca.aov Item # 1 1/15/13 2013 STORM WATER CALENDAR PRESENTATION (ENGINEERING) ITEM #2 1/15/13 HOUSING ELEMENT UPDATE (REDEVELOPMENT) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO3 ITEM TITLE: Interviews and Appointments: Various Boards, Commissions and Outside Agencies PREPARED BY: Michael R. Della DEPARTMENT: City C "rk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: Several vacancies and expired terms exist on various Boards, Commissions and outside agencies. They are summarized on the attached report. The vacancies and expired terms have been advertised and posted. Incumbent appointees have been contacted to determine their desire for re -appointment. The current status of Outside Agency appointments & vacancies is also attached. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: • Conduct interviews for local Boards & Commissions. • Take action to fill vacancies on outside agency boards. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: I. Summary Report: Boards, Commissions and Outside Agencies 2. Applications Appointing Authority: Current Representative Primary — Mona Rios Alternate — VACANT VACANT REGIONAL BOARDS AND COMMITTEES - January 15, 2013 BAY SHORE BIKEWAY WORKING GROUP Appointing Authority: Governing Body of member agency Current Representative Appointed Term Expires * see note #3 below HEARTLAND COMMUNICATIONS Appointing Authority: Governing Body of member agency Current Representative Appointed Term Expires * see note #3 below Primary — VACANT Alternate — Mona Rios 02-01-2011 METRO WASTEWATER JPA Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Primary — Luis Natividad 02-01-2011 * see note #3 below Alternate — Joe Smith METROPOLITAN TRANSIT SYSTEM BOARD (MTS) Mayor with approval of City Council Appointed Term Expires 08-16-2011 * see note #1 below PORT OF SAN DIEGO PUBLIC ART COMMITTEE Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Carolyn St. Clair 08-16-2011 10-03-2013 REGIONAL SOLID WASTE AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Primary — Ron Morrison 06-07-1994 * see note #3 below Alternate — Luis Natividad 02-01-2011 SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) Appointing Authority: City Council Current Representative Appointed Term Expires Primary — Ron Morrison 01-25-2011 * see note #2 below 1ST Alternate — VACANT 2nd Altemate — Alejandra 01-25-2011 SAN DIEGO COUNTY WATER AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Ron Morrison 02-19-2008 03-08-2014 SAN DIEGO UNIFIED PORT DISTRICT Appointing Authority: City Council Current Representative Appointed Term Expires Primary— Dukie Valderrama 11-20-2012 01-02-2017 SWEETWATER AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representatives Appointed Term Expired Ron Morrison 02-01-2011 12-31-2014 Jess VanDeventer 02-01-2011 12-31-2014 NOTES * note #1: There is no established term. Serves at the pleasure of the appointing authority. National City's MTS representative must be a current or former elected National City official. * note #2 : There is no established term. SANDAG requests annual action or notification confirming the City's representatives by January 10th of each year. * note #3: There is no established term. Serves at the pleasure of the appointing authority or until no longer an elected official. 3 BAY SHORE BIKEWAY WORKING GROUP Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Vacant * see note #3 below PORT OF SAN DIEGO PUBLIC ART COMMITTEE Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Carolyn St. Clair 08-16-2011 10-03-2013 REGIONAL SOLID WASTE AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representative Appointed Term Expires Ron Morrison 06-07-1994 * see note #3 below Luis Natividad (Alternate) 02-01-2011 NOTES * note #1: There is no established term. Serves at the pleasure of the appointing authority. National City's MTS representative must be a current or former elected National City official. * note #2: There is no established term. SANDAG requests annual action or notification confirming the City's representatives by January 10 of each year. * note #3: There is no established term. Serves at the pleasure of the appointing authority or until no longer an elected official. 3 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission ,/ Planning Commission Community & Police Relations• Commission* (CPRC) _ Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: o rCVS busIA Home Address: 9-3(20 Eucta Me. -* lZ Tel. No.: (tiq-173-v-n O Business Affiliation: CO(nm Jr t kiS)11-aa IN (S(1C-S Title: Tn f n Business Address: IUZO S ri AJ 0 fivJ I' .64,4. 6/ CA Tel. No.:1 fe0 "11'32.-- G$ 7‘ Length of Residence in National City: \ San Diego County: at f California: aki- Educational Background: $mc ;(` 1a( Q2 — C►± p1c r t 110.1 S Ds Wit soma cTivItnvv,— swkawcmizi- WOW\ \-\\LP" (5.1%-ao‘ Occupational Experience: Th-ke.rr -- eAKVIVAy 1k6' VNks•, *n - CArr Ndovoil 61'`' Qlaitm vl tli u\ -11N tTE: G i UY1tn c:te - SSDinU Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Sefv,u2. Corntr\.55kb'(1 Waii41. Ct Climb Experience or Special Knowledge Pertaining to Area of Interest: Cuf(Cn} irfltern tk-AirtNlyj faliwrA4in SQn rti PAIIVYIc,oe/ '� s, 5 d eJ C* QtGht�1r� 1(1 C,Otte3@, Have you ever been convicted of a felony crime? NoYes: misdemeanor crime? No:�Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. +si IV Date: 11(WdA9Er Ili 12-0 1e3- Signature: 444A.IJA, IS4, et) = c z Please feel free to provide additional information or letters of endorsemgt. • v7 Please return completed form to: > D Office of the City Clerk el -9 1243 National City Blvd, National City, CA 91950 1 to -< sj Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS; COMMISSIONS, AND COMMITTEES ,/Civil Service Commission V-Planning Commission ,' Community & Police Relations Commission* (CPRC) Public Art Committee* /Library Board of Trustees "Jr l/Traffic Safety Committee belhilicies, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: id 0,4 0..1 le, " t< Li 01 to 4 Home Address: I- el 2-2-1 E L i ✓ 1 $10 .1/4.) S / • 4 Tel. No.4/ 9 — S73 7 _ �3 1.V Business Affiliation: Title: Business Address; TeL No.: Length of Residence in National City: 4? San Diego County: iO California: .(sit Educational Background: sw68M,t C { f kAt-$( �OtsK Stirrif 1 Medic i 7; Occupational Experience: Co.( rt S C. toy. 1 S G C (AK ,` y oCci' c .t v 1 /i1 edee.sal AS t Professional or Technical Organization Memberships: dset f— - L)a4-0o tod t:.i 1 Civic or Community Experience, Membership, or Previous Public Service Appointments: rt C4- "t 4.-w.. 1-1OAJ a. I Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No:_ Yes: j/misdemeanor crime? No: Yes: r/ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. ick a C t,.) el-citrc ovuee ro ryi "If 141 7 0 ,..v. t ki i- CLi lore Date: q— /'1 / 2 Signature: Please feel free to provide addition I information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Civil Service Commission f Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal ba ground check iortoappointment. ‘(\r\ Home Address: 99D 1lp_1V IOC- Tel. No.a9--q 4'2.i-N Z. 7 Business Affiliation: qf{'b A C Title: (1[iar e Tel. No.: �0i ciW A(Z,R Length of Residence in National City: 3/j9 San Diego County:,?x0' ealifomia: Educational Background: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Name: Business Address: Occupational Experience: �.� , C Vim, ?XofesTonal or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous PubQc Service Appointments:�-rN= Experence c Special Knowledge Pertaining to Area of Interest: c.�-11-S cere& rUcl-4S Date: 2� 'l(�- l % Signature Please feel free to provide addition formation or letters o Have you ever been convicted of a felony crime? No:Yes: misdemeanor crime? N9 Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions ,. to to u.)91't1 (` DY)49 00A-Kblt+1 ern ,91-e._ 66Aitpi5 ccS ono to5d emt. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 c z Thank you for your interest in serving the City of National Citi. * Residency requirements may not apply This documents is filed as a public document ti ReWed: March 2012 Educational Background: NCM J Wi I J 0.. 5,D — )5. A. Iv; gnLi%1 S in) V.s. )� mosk4 £du A11LJ -, - (,mi ruly ,L1ac11r J Occupational Experience: 13e/vre r lie fume 4 headier' -T totted of 7 USD havi1stn 0 ycavj it Os 6 fed S'eIvi(f lissL. Lead al tke San Di a Zw(syean) C cup AdvSernen-h Comm; Ike) Civic or communit L Experience, Membership, or Previous Public Service Appointments: ,'h / ltef to i:...T•�� la Tam'ivd) hall c uni Experience or Special Knowledge Pertaining to Area of Interest: )Vo /04f ant a is�- lt°arner, CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: t-i l ys`SCI Marie Robled° Home Address: 9c28 tG IS" ' 9—reel— Iv/Gzfil CU'1j Business Affiliation: j'/Crhvnal C/y Hake .Owl Title: Business Address: 170/ 04v nue )UU/'/ Cl i i Length of Residence in National City: al San Diego County: Tel. No.: (&/q) OI3'0 ect 617 0sh /TejachQK Tel. No.(19/) 33(0Zl9Do .027 California: <2 7 5 Professional or Technical Organization Memberships: 4 Un1 DY>' /2ej0J ;t4 r Have you ever been convicted of a felony crime? No:✓Yes:_ misdemeanor crime? No:✓Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: la/7/ d2- Signatur e" ? +Va x ti =� o rn Please feel free to provide additional 'formation or letters of endorsemegt. a — Please return completed form to: y o Office of the City Clerk n -o 1243 National City Blvd, National City, CA 91950 , r-- (-1 ff Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Td aktfvdo mom. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board ✓ Planning Commission _ Public Art C Traffic Safetg Port Commission Note: Applicants must be residents of the City of National City except for iligsgEL—radd by an *2 1 Applicants for the Community and Police Relations Commission ntropeopitclietiit CITY background check prior to appointment. Name: Wrllifft-wL Home Address: 1I0 fr-- e-/ Al /f s Tel. No.: 6/f) %�— ZZ"/�o Depi. of PeFeuse. eiitvMi1r ur-a4c..ce. Spec, s7 Business Affiliation: Nay Dry& SerreAfru6 !- Title: SATefy [lf?icerr Efictrescer Alper 0 Veer Jm/ 41t1' ram' Business Address: 3t/yz5" Fre too/r �/5vs go fu3 y- 7'yv Tel. No.: (6f9) 53Z-- S Cr Length of Residence in National City: s% ps San Diego County: SSya California: 54, yrs Educational Background: 6teditSe c5,vec-4WZcr Wi6rr (ig ; o ff- /re1L v/,ter); 6D6 U ( sacs); ethe e-e diiire. err ,v rg Occupational Experience: U.S. xty MA)).; Do 1tepr,( () — A1b5 L 5 b /983-pre►huc7 (61,,,t.07 t /f LP raazt frycec✓f+✓e 517.44. i.r7rtAa/aeos aauc> Professional or Technical Organization Memberships: ferule , creek, or rests cc. /oYrco/vrtsTr De` of 1Deracst- MGllork,v (vrovp load-4 l , Civic or Community Experience, Membership, or Previous Public Service Appointments: a%PPe - 6000r1 Mir, V ct -Litr; ; C5C — iuesuLer, eurrre4r e/ r; rauoes 04004 c4 ynlcea-(eer prore4s Experience or Special Knowledge Pertaining to Area of Interest: eP2CIEst — fsrorb, i4rtetia.t, /le✓reujr 7w440, 44utkil typctrr 4.; Le+►ti 5(0;Iowa. (¢recu &!r" Have you ever been convicted of a felony crime? No:_✓Yes:_ misdemeanor crime? No:✓Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: "/2.1 4Y Signature: *4'1'4-- Please feel free to provide additional information or letters of endorsement.. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY. BOARDS, COMMISSIONS, AND COMMITTEES Name: Civic Service Commission I Planning Commission Community & Police Relations Commission* (CPRC) _ Public Art Committee* Library Board of Trustees _ Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. CA -CM AM'S,tze Home Address: tow) . (l4 &catl - 01ADndi G41 t (l' el. No.: 144414 4 Business Affiliation: III' O n $ �' �Qt,(�9�, p4� -4 4-1 t€ td Title: ' f Business Address: I�l0 t. t�` 4041 is 4'on 411 460 Tel. No.A o►' 414 Length of Residence in National City: San Diego County: California: Educational Background: Qt,Otnnrntit4.1 eoznolOYt G 1)44t vn 1 - kibSV Occupational Experience: Q VikkA E4 WeAr aAll IN Professional or Technical Organization Me berships: 121 ' ti • i riN►G L Atitat 4i D� M ( Ivy Q4 hate I• e . , Q Civic or Community Experience, Membeip, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of I rest: Have you ever been convicted of a felony crime? No: �% Yes: misdemeanor crime? No: ✓ Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. itS Date I' t Signature: Please feel free to provide additional information or letters of endorsement; Please return completed form to: z Office of the City Clerk -4 1243 National City Blvd, National City, CA 91950 c cn. Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document I men Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES �Civif Service Commission Planning Commission Community & Police Relations Commission` (CPRC) Public Art Committee* Library Board of Trustees x Traffic Safety Committee se._ Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: "TIc lA2D Home Address: ?AO O 0 AV F Business Affiliation: 1V6 NE. Title: Business Address: Tel. No.: Length of Residence in National City: 3 jiRS San Diego County: s California: 7 yRz Educational Background: k 1614 Sc.00L D,pi.onnA. / 6.6+ ( LLtr6e C ? 1)r i S Tow4ea5 A ./N (/ Occupational Experience: yra5 i3l%IJTCR 3vRS 6.E2 JE2) )y ir.6 /UAUY -REScvSwimANAerc/6 L60 LN►EP Professional or Technical Organization Memberships: Tel. No.: c/f `t Civic or Community Experience, Membership, or Previous Public Service Appointments: VDU/iv-rare. STDFP,etIN j PAi ADt5e. C2�cK A'rrEr D CITY (OuivrlL N)e ?'iN65 AND l O &D yAke7rL1'.N , cu �.euTi-Y rovoc�rriIu6 For P# , pppveme-AST' Experience or Special Knowledge Pertaining to Area of Interest: )v'642vi6oe. g,vPEeie-. JLE lo,) THE )i J Have you ever been convicted of a felony crime? Yes: misdemeanor crime? No:K Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: mAy ZZ., 70 (Z Signature: `./ „0 1 ... z ". prt Please feel free to provide additional information or letters of endorsemAt. N n co r— C Please return completed form to: m D mrn Office of the City Clerk r - _ 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 \0 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged .misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: > - Yes: Have you been convicted of a misdemeanor: No: > Yes: _- If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner:. "" See attached table Disqualifying Criteria for National City Community and Police Relations Commission Felonies Crimes against Persons including but not limited to Lifetime 20 years 15 years 10 years 5 years Assault & Battery x Domestic Violence Elder/Child Abuse x x Manslaughter Murder x Sexual Acts wl Minor x Rape x Crimes against Property 'including but not limited to Arson 4 x Burglary x Embezzlement x Extortion x Fraud x Forgery & Counterfeiting x • Possession of stolen property x Theft x Crimes involving Drugs *including but not Iimited to Illegal Drug Use x Possession or Sales x Production of Drugs x Crimes against Public Justice Bribery & Corruption x Impersonating a Peace Officer x Misdemeanors Lifetime 20 15 years 10 5 years years years Crimes of Moral Turpitude *including but not limited to Burglary x . Embezzlement x Forgery` x Fraud x Possession of stolen x Theft x Crimes involving Drugs or Alcohol `including but not limited to Lifetime 20 veers 15 nears 10 5 vears years D Disorderly Conduct x U Under the Influence x U Unlawful Possession x Crimes against Persons *including but not limited to A Assault & Battery x Manslaughter x City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619) 336-4226 (619) 336-4229 fax BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Nk4-4, respectfully request to be re -appointed to the Traffic Safety Committee. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office. ❑ I do not desire to be re -appointed. Chervl Howrev-Colmenero Name City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619) 336-4226 (619) 336-4229 fax BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office. ZLI respectfully request to be re -appointed to the Library Board of Trustees. ❑ I do not desire to be re -appointed. Nancy Nieto Name City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619) 336-4226 (619) 336-4229 fax BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office. dl respectfully request to be re -appointed to the Traffic Safety Committee. ❑ I do not desire to be re -appointed. Gonzalo Quintero Name Sign 15 ITEM #4 1-15-13 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 DECEMBER 18, 2012 (CITY CLERK) City of National. City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ! t e rr, #. S �- is-13 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." 19 Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. 1-7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the 3000 block of E. 6th Street. (TSC 2012-25) PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on December 5, 2012 the Traffic Safety Committee unanimously approved the staff recommendation to install red curb "No Parking" on the 3000 block of E. 6th Street. ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (December 5, 2012) EXPLANATION Mr. Moises Acuna, resident of Paradise Walk, is concerned that the roadway width for the 3000 block of E. 6th Street is too narrow to allow for two-way traffic with parking on both sides of the street. He is also concerned about emergency vehicle access due to the narrow street. Mr. Acuna mentioned that more families have moved into Paradise Walk over the years resulting in more vehicles parked on the streets. Members of the Paradise Walk HOA share his concerns. Staff performed a site evaluation. The roadway width along the 3000 block of E. 6th Street is only 32 feet, which does not meet the minimum requirements for emergency vehicle access for two- way traffic with parking on both sides of the street. In order to meet the minimum requirements for emergency vehicle access, parking on one side of the block must be removed. Based on field measurements, parking for nine vehicles is available on the north side of this block, while parking for seven vehicles is available on the south side. Therefore, in order to improve access for emergency vehicles and minimize loss of parking for the block, staff is recommending red curb "No Parking" with signs on the south side of the block. All of the residential units on the south side of the block have available off-street parking. The Traffic Safety Committee considered this item at their meeting of December 5, 2012. A number of area residents were in attendance. Two residents of E. 6th Street expressed concerns about inadequate parking on the street due to Paradise Walk and events at the ball fields to San Diego Academy. They also expressed concerns regarding a resident parking construction equipment on E. 6th Street — this issue was referred to Neighborhood Services. One of the residents in attendance asked if a Parking Permit District could be established for the homeowners on the 3000 block of E. 6th Street. Staff stated they would initiate the process once a signed petition was received from the homeowners. Another resident requested signage to be posted prohibiting commercial vehicles from parking on the street. Residents of Paradise Walk asked why E. 7th Street was fenced off. Staff explained it was vacated to Paradise Village and is no longer a public street. Residents also asked whether or not there were plans to make Arcadia Avenue a two-way street? Currently, the 700 block of Arcadia Avenue is one-way northbound with parking prohibited. Staff stated it was a Condition of Approval for Paradise Village to widen Arcadia Avenue and install curb, gutter and sidewalk as part of the final phase of the Project. This will allow for two-way traffic and parking on both sides of the street. They asked about the status of construction of the final phase of Paradise Village. Staff stated they should have an update in January. After all residents present had an opportunity to speak, the City Engineer presented the staff report to the Committee. Fire Marshal Hernandez also provided an overview on emergency vehicle access. After considering all of the information presented, the Traffic Safety Committee voted unanimously to implement the staff recommendation for installation of red curb "No Parking" along the south side of the 3000 block of E. Street to improve access for emergency vehicles. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" ON THE 3000 BLOCK OF EAST 6TH STREET TO ENHANCE SAFETY FOR TWO-WAY TRAFFIC AND IMPROVE ACCESS FOR EMERGENCY VEHICLES WHEREAS, a resident of Paradise Walk expressed concern that the roadway width for the 3000 block of East 6th Street is too narrow to safely allow for two-way traffic and access for emergency vehicles due to vehicles parking on both sides of the street; and WHEREAS, after a site evaluation, staff recommends the installation of red curb "No Parking" on the south side of the 3000 block of East 6th Street; and WHEREAS, at its meeting on December 5, 2012, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of red curb "No Parking" on the south side of the 3000 block of East 6th Street to enhance safety for two-way traffic and improve access for emergency vehicles. PASSED and ADOPTED this 15th day of January, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor =4- CALIFORNIA TWNAL try j.c e Jj T� INCoRpolukiso December 18, 2012 RE: REQEST FOR RED CURB "NO PARKING" ON THE 3000 BLOCK OF E. 6 STREET TO ALLOW FOR EMERGENCY VEHICLE ACCESS (TSC-2012-25). We would like to inform you that this item was approved by the Traffic Safety Committee on Wednesday, December 5, 2012. This item will now be presented to the City Council of the City of National City on Tuesday, January 15, 2013 at 6:00 P.M. The meeting will be held in the 2" floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. If you have any questions, please contact the Engineering Department at 619- 336-4380, and reference Traffic Safety Committee item #2012-25. Sincerely, Stephen Manganiello City Engineer 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 5, 2012 ITEM TITLE: ITEM NO. 2012-25 REQUEST FOR RED CURB "NO PARKING" ON THE 3000 BLOCK OF E. 6TH STREET TO IMPROVE ACCESS FOR EMERGENCY VEHICLES (BY M. ACUNA) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mr. Moises Acuna, resident of Paradise Walk, is concerned that the roadway width for the 3000 block of E. 6th Street is too narrow to allow for two-way traffic with parking on both sides of the street. He is also concerned about emergency vehicle access due to the narrow street. Mr. Acuna mentioned that more families have moved into Paradise Walk over the years resulting in more cars parking on the streets. Members of the Paradise Walk HOA share his concerns. Staff performed a site evaluation. The roadway width along the 3000 block of E. 6th Street is only 32 feet, which does not meet the minimum requirements for emergency vehicle access for two-way traffic with parking on both sides of the street. In order to meet the minimum requirements for emergency vehicle access, parking on one side of the block must be removed. Based on field measurements, parking for nine vehicles is available on the north side of this block, while parking for seven vehicles is available on the south side. Therefore, in order to improve access for emergency vehicles and minimize loss of parking for the block, staff is recommending red curb "No Parking" with signs on the south side of the block. All of the residential units on the south side of the block have off-street parking. STAFF RECOMMENDATION: Staff recommends installation of red curb "No Parking" along the south side of the 3000 block of E. 6th Street to improve access for emergency vehicles. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-25 Stephen Manganiello From: Acuna, Moises R. <Moises.Acuna@sdcounty.ca.gov> Sent: Friday, July 06, 2012 1:28 PM To: Stephen Manganiello Subject: FW: CLOSED ROAD IN 7TH STREET AND ARCADIA STREET IN NATIONAL CITY Importance: High Hello Mr. Engineer, Good afternoon; I am one of the residents in Paradise Walk Condos in National City. I have concern and question regarding the road in the subject. My family and I are residing on the mentioned condos for almost 5 years now and my questions are: 1. Is the closed road in 7th Street a private or public road? The reason I have this question because I noticed that it is been closed for 5 years now and up until now it is still closed. I have asked our HOA President about the closure and she said to ask the city engineer because as far as she knows, the road was closed because of the construction of the assisted family living building in the area. Right now, there is no more construction on going and it looks that the place and road is being utilized by the contractor as his storage and parking area of his trucks and equipments. 2. My other concern and question is the road in Arcadia Street adjacent to 8th street; it was made as one way recently going inside the compound and I have notice the measurement of the road is not the standard measurement. The existing fence put up has reclaimed about a few yards of the road; why is that? 3. The 6th Street road adjacent to Harbison St; this road is a; I would say it is risky and dangerous because the entrance in Harbison is narrow and if cars, trucks and construction equipment were park on the road 2 cars/trucks going in opposite direction will hit each other because of the narrow road of 6th street. I have noticed that the pedestrian sidewalks on both sides construction reclaimed a few yards of the road and some residents made the reclaimed portion as their loan and garden. There were so many residents and families now in Paradise Walk condos; with the situation of the road I have mentioned above; in case of emergency, we will have problem in going out of the compound because there is only one road. Why the closed road in 7th street be opened and if the construction is resumed have it closed again. Mr. Engineer, I hope you will consider this concern of mine and you will do some actions. Sincerely and thank you, Moises R. Accuvt.A 751 Paradise Way National City, CA 91950 619 475-4864 1 Location Map Recommended red curb along south side of street E. 6t'' St, east of Harbison Ave (looking west) E. 6`" St, east of Harbison Ave (looking east) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT • MEETING DATE: January 15, 2013 AGENDA ITEM NO. J 7 ITEM TITLE: !Resolution of the City Council of the City of National City authorizing the Mayor to sign a Service Level Agreement for the provision of a portion of the Regional Command and Control Communications (3Cs) transport network for exclusive use of the San Diego County Sheriff's Department for Cal -ID data as part of the 3Cs Memorandum of Understanding. (Fire) PREPARED BY: !Walter Amedee! DEPARTMENT: Fire PHONE: 019-336-4550 APPROVED BY: _ EXPLANATION: The Regional Command & Control Communications (3Cs) network utilizes microwave technology to transport data between public safety agencies at all levels of government in San Diego and neighboring counties. 3Cs connects enhances communication and information sharing in critical incidents. 3Cs is now being used to transport Cal -ID data. Cal -ID is an automated fingerprint processing system used to store, search, and retrieve fingerprint records. The San Diego County Sheriffs Department (SDSD) provides access to Cal -ID for law enforcement agencies in San Diego County. On September 1, 2009, the City signed an MOU to participate in 3Cs. Agencies are now being asked to add the Service Level Agreement for the provision of a portion of the 3Cs transport network for exclusive use of the SDSD for Cal -ID data to the 3Cs MOU. Staff recommends that the City Council authorize the Mayor to sign the Service Level Agreement as part of the 3Cs MOU. • FINANCIAL STATEMENT: APPROVED: '/ •Finance ACCOUNT NO. I APPROVED: MIS INo financial impact. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Authorize the Mayor to sign the Service Level Agreement for the provision of the 3Cs transport network for exclusive use of the SDSD for Cal -ID data as part of the 3Cs MOU.! BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: *gional 3Cs Service Level Agreement — Cal -ID solution! RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SERVICE LEVEL AGREEMENT FOR THE PROVISION OF A PORTION OF THE REGIONAL COMMAND AND CONTROL COMMUNICATIONS (3CS) TRANSPORT NETWORK FOR EXCLUSIVE USE OF THE SAN DIEGO COUNTY SHERIFF'S DEPARTMENT FOR CAL -ID DATA AS PART OF THE 3CS MEMORANDUM OF UNDERSTANDING WHEREAS, the Regional Command and Control Communications (3Cs) network utilizes microwave technology to transport data between public safety agencies at all levels of government in San Diego County and neighboring counties; and WHEREAS, 3Cs enhances communication and information sharing in critical incidents and is now being used to transport Cal -ID data, an automated fingerprint processing system used to store, search, and retrieve fingerprint records; and WHEREAS, the San Diego Sherriff's Department ("SDSD") provides access to Cal -ID for law enforcement agencies in San Diego County; and WHEREAS, on September 1, 2009, the City of National City adopted Resolution 2009-220, approving an Admission Agreement for the City to become a party to the Memorandum of Understanding (the "MOU") for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program; and WHEREAS, it is requested that the participating parties to the MOU approve and execute a Service Level Agreement for the provision of a portion of the 3Cs transport network for exclusive use of the SDSD for Cal -ID data to the 3Cs MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Service Level Agreement for the provision of a portion of the Regional Command and Control Communications (3Cs) transport network for exclusive use of the San Diego Sherriff's Department for Cal -ID data to the 3Cs MOU. PASSED and ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney Regional 3Cs Service Level Agreement — Cal -ID INTRODUCTION REG.JDNAI SOY • �, 00r COMMUNICATIONS The purpose of this Service Level Agreement (SLA) is to describe the provision a portion of the Regional Command and Control Communications (3Cs) transport network for exclusive use of the San Diego County Sheriff's Department (SDSD) for Cal-ID2 data. Cal -ID is an automated fingerprint processing system used to store, search, and retrieve fingerprint records. CAL -ID has two systems in operation: Automated Fingerprint Identification System (AFIS) and Automated Latent Print System (ALPS). AFIS automates fingerprint data from inked fingerprint cards while ALPS searches latent prints for possible matches. The San Diego County Sheriffs Department provides access to Cal -ID for law enforcement agencies in San Diego County. The Regional 3Cs network utilizes primarily microwave technology to transport data between public safety agencies at all levels of government operating in San Diego and neighboring counties. 3Cs connects emergency operations management centers of local, state, and federal agencies throughout the region and surrounding counties to enhance communications and information sharing in critical incidents, In addition to supporting inter -agency collaboration for large scale incidents such as wildland fires and other disasters, the 3Cs network provides a means to transport data for day-to-day operations. Regional 3Cs is governed through a Memorandum of Understanding (MOU) between multiple public safety parties. This SLA is meant to further define services associated with the transport of Cal -ID data across the 3Cs transport network. This SLA does not supersede or in any way negate the provisions of the 3Cs MOU. Any changes to this SLA will be subject to approval by the Regional 3Cs Operations Advisory Board. A. DURATION OF AGREEMENT This agreement is in effect from the date the Regional 3Cs Amendment #3 is legally executed in year 2012 to June 30, 2013, with the option to renew the agreement for one year terms. B. SCOPE OF SERVICES The Scope of Services of the Regional 3Cs Program (3Cs) and the SDSD are covered in the following list of service activities: B.1 Responsibilities of the Regional 3Cs Program • Create a virtual private forwarding (VRF) tunnel through the 3Cs transport network for exclusive use by the Cal -ID application. • Using the Cal -ID VRF through assigned ports on the local 3Cs network, the following sites will have a 10 mbps ingress into the network: Revision 4.0 Page 1 3/29/2012 Regional 3Cs Service Level Agreement — Cal -ID o San Diego Sheriffs Records and ID Division 9621 Ridgehaven Ct San Diego, CA 92123 o San Diego Police Department Headquarters 1401 Broadway San Diego, CA 92101 o Escondido Police Department 1 163 North Centre City Pkwy Escondido, CA 92026 o Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 o Chula Vista Police Department 315 4th Avenue Chula Vista, CA 91910 o El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020 REGIttNAL 0 10 COMMUNICATIONS • Using the Cal -ID VRF through assigned ports on the local 3Cs network, the following sites will have a 30 mbps ingress to the network: o San Diego Sheriff's Department 5555 Overland Drive, Bldg 18 San Diego, CA 92123 • The total network capacity across the 3Cs network in the Cal -ID VRF will be 30 mbps. In the event of a large-scale emergency incident in San Diego County, Regional 3Cs staff reserves the right to lower the total bandwidth available to the Cal -ID VRF across the 3Cs transport network to 10 mbps. • Regional 3Cs staff will be responsible for building, configuring, and maintaining the Ca1- ID VRF on the 3Cs network. At each location identified as part of this agreement, a single network port will be made available to access the Cal -ID VRF. This single network port will be the point of demarcation for Regional 3Cs staff responsibility. • Should the decision be made to add additional sites to the Cal -ID VRF, Regional 3Cs staff will be responsible for configuring and testing data connectivity across the 3Cs transport network to those new sites. • Regional 3Cs will be responsible for maintenance of the 3Cs transport network. Regional 3Cs staff will contact SDSD Data Services in the case of an emergency outage. • Regional 3Cs staff will be responsible for reporting to SDSD any pending 3Cs network changes which may impact the Ca1-ID VRF. Regional 3Cs uses a multi -step approval Revision 4.0 Page 2 3/29/2012 Regional 3Cs Service Level Agreement — Cal -ID RER.IINAL CONNON1CAIIONS process for all changes on the network. All changes will follow Regional 3Cs Change Control policy. • Regional 3Cs staff will be responsible for troubleshooting any issues associated with the Cal -ID VRF on the 3Cs transport network. B.2 Responsibilities of the Sheriff's Department • SDSD Data Services Staff will provide a network device at each Cal -ID 3Cs location. This network device will access the 3Cs network through the assigned Cal -ID port for that location. All local connections for Cal -ID customers at that location will connect through the SDSD network device and will not plug directly into the 3Cs network device. SDSD will be responsible for maintaining the SDSD network device. • SDSD will provide help desk services for Cal -ID customers. Regional 3Cs staff will be contacted by SDSD if network connections on 3Cs are not functioning or do not appear to meet the specifications as set forth by this SLA. No Cal-1D customers will contact Regional 3Cs staff directly for assistance with the network. • SDSD will be responsible for reporting any changes which may impact Regional 3Cs ability to pass traffic through the Cal -ID VRF. All proposed changes will follow the Regional 3Cs Change Control policy. C. OUT OF SCOPE SERVICES • Internal wiring or network connections at Cal -ID customer locations beyond the 3Cs networking device. • Troubleshooting of network connectivity beyond the 3Cs network device. D. SUPPORT, HOURS OF OPERATION AND COMMUNICATIONS Support for the 3Cs network is divided into multiple support layers. Each layer will have defined support personnel with specific responsibilities. • Level 1 — End User Support (Provided by SDSD) • Level 2 - IP Engineer • Level 3 — Microwave Technician • Level 4 — Senior Network Engineer D.1 Hours of Operations Assistance for the network will normally be available during normal City of San Diego business hours: Sam to 4pm, Monday through Friday excluding during regularly scheduled holidays. For outages or issues outside of normal business hours, on call support is available 24 hours a day. Requests for service can also be submitted via email 24 hours a day. Revision 4.0 Page 3 3/29/2012 Regional 3Cs Service Level Agreement — Cal -ID D.2 Priorities and Response Times NE614NAL yo `zlMRai o� COMMUNICATIONS Priority Criteria Target Response Time 1 Real time disaster event where City or County EOC Will call or page technicians for immediate response. 2 Affects an individual agency, no workaround Initial response by next business day 3 Little to no affect on productivity Initial response within 5 business days. D.3 How to Contact 3Cs 3Cs Support Line 3Cs Email (emails are routed to on call technicians) 3Cs@regional3Cs.org (619) 515-2753 E. ASSOCIATED COSTS The cost for the services outlined in this MOU is $50,000 annually, billed in two installments per year (October 1, and January 1). No setup or initiation fees are included in this effort. This price is for the length of the duration of this agreement. Beginning June 30, 2012, prices may be negotiated annually in conjunction with the extension of this SLA. If Regional 3Cs and SDSD mutually agree to add additional services to this agreement the following price schedule will be used: Each additional ingress point (10 mbps) F. BILLING AND ACCOUNTING Regional 3Cs will issue an invoice every 6 months for the duration of this agreement to the following address: Rosie Tapper San Diego County Sheriff's Crime Lab 5255 Mount Etna Drive San Diego, CA 92117-6912 (858) 467-4584 Rosie.tapper@sdsheriff.org $625 per month ($7,500 annually) The City of San Diego is the Fiscal Agent for Regional 3Cs. The remit to address: City of San Diego PO Box 129030 San Diego, CA 92112-9030 Invoices will be due within 30 days of receipt. Revision 4.0 Page 4 3/29/2012 Regional 3Cs Service Level Agreement — Cal -ID G. PERFORMANCE MEASURES RE6,14NAI. Ro �O o°tea S °o COMMUNICATIONS Regional 3Cs will provide network performance reports specific to the Cal -ID VRF on a quarterly basis. Metrics which will include: • Average and maximum ingress/egress utilization to each location • Network uptime percentage at each location • Number and length of unplanned outages H. DISPUTE RESOLUTION PROCESS Every effort will be made by both parties to this agreement to insure that disputes do not occur. In the unlikely event that a dispute arises, discussions should occur through the 3Cs Program Manager and the assigned SDSD Cal -ID contact person. Should resolution not be achieved through this process, a default process should be initiated as defined below. I. DEFAULT PROCESS A default may occur when either party fails to perform their responsibilities as defined and agreed upon in this SLA. In the event of a default, as defined above, payment for services should be suspended until a resolution can be reached by the following procedure. The initiating party shall provide written notice of default to the violating party within ten (10) working days of its discovery, with a copy sent to each active member of the Regional 3Cs Operations Advisory Board. The recipient of the written notice has ten (10) working days to respond in writing to all parties to the communication with a plan for resolution within forty-five (45) working days. If, in the opinion of the initiating department, the default has been corrected within the forty-five (45) working day period, the SLA shall continue. If, in the opinion of the initiating department, the default has not been corrected, the item will be scheduled for discussion and resolution at the next Regional 3Cs Operations Advisory Board meeting. The initiating party shall also maintain a record of all noted violations to the SLA. If such records demonstrate a consistent pattern of behaviors/practices that are inconsistent with the provision of the SLA, written notices shall be provided to the Regional 3Cs Operations Advisory Board for remedial action up to and including canceling of the agreement. If canceling the SLA will result in significant budgetary impacts to either party, both parties will be notified prior to cancellation. J. SIGNATURE SECTION Approved by the Regional 3Cs Operations Advisory Board on REGIONAL 3Cs Regional 3Cs Program Manager Date: Revision 4.0 Page 5 3/29/2012 Regional 3Cs Service Level Agreement — Cal -ID COUNTY OF SAN DIEGO By: WINSTON F. McCOLL, Director Department of Purchasing and Contracting Date: SAN DIEGO COUNTY SHERIFFS DEPARTMENT By: KEITH SPEARS, Contracts Manager Date: COUNTY OF SAN DIEGO By: WILLIAM L. PETTINGILL, Senior Deputy County Counsel Date: Revision 4.0 Page 6 3/29/2012 AS A PARTY TO THE REGIONAL 3CS MOU: City of National City By: Print Name: AMENDMENT 3 to the MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL INFEROPERABLE COMMAND & CONTROL COMMUNICATIONS (3Ct) PROGRAM ofl (Pa pa (Papa NI 1/Ung �ipnwwe rype) Date CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. S ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY12 State Homeland Security Grant Program for equipment, training, exercises, and planning for police and fire personnel. (Fire) PREPARED BY: Walter Amedee1 PHONE: 619-336-4555 EXPLANATION: DEPARTMENT: Fir APPROVED BY: The FY12 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The FY12 State Homeland Security Grant Program consists of the State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Program (LETPP), and the Metropolitan Medical Response System (MMRS). The San Diego County Office of Emergency Services coordinates requests for equipment, training, exercises, and planning on behalf of the City of National City. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY12 State Homeland Security Grant Program. The FY12 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 282-411-942-355-0000 & 282-412-942-355-0000 APPROVED: Finance MIS No negative impact; FY12 State Homeland Security Grant Program is a reimbursab e grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the Grant Assurances for the FY12 State Homeland Security Grant Program. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: alifornia Emergency Management Agency FY2012 Grant Assurances Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE GRANT ASSURANCES FOR THE FISCAL YEAR 2012 STATE HOMELAND SECURITY GRANT PROGRAM TO RECEIVE REIMBURSABLE GRANT FUNDS FOR THE PURCHASE OF EQUIPMENT, TRAINING, EXERCISES, AND PLANNING FOR POLICE AND FIRE PERSONNEL WHEREAS, the Fiscal Year 2012 Homeland Security Grant Program ("Grant Program") consists of the State Homeland Security Program ("SHSP"), the Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response Systems ("MMRS") and provides reimbursable grant funds to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services; and WHEREAS, the City of National City's share of the grant funds for the purchase of equipment is $23,526; and WHEREAS, in order to receive these grant funds, the City of National City must submit Grant Assurances for the Homeland Security Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Grant Assurances from the Fiscal Year 2012 Homeland Security Grant Program to receive reimbursable grant funds for the purchase of equipment, training, exercises, and planning for police and fire personnel. PASSED and ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Appendix A California Emergency Management Agency FY 2012 Grant Assurances (All HSGP Applicants) Name of Applicant: City of National City Address: 1243 National City Boulevard City: National City State: CA Zip Code: 91950 Telephone Number: (619) 336-4556 Fax Number: (619)336-4328 E-Mail Address: wamedee nationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, California Emergency Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2012 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 1 Initials Appendix A 10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 11. Will comply with all provisions of 48 CFR, 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations. 12. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 17. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685- 1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. I. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. Page 2 Initials Appendix A 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department ofJustice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office ofJustice Programs Financial and Administrative Guide for Grants, M7100.1. 18. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Tide 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 19, Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 20. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 21. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 10, Environmental Considerations. 22. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 23. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non-compliance finding. grantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to the GPD EHP team at GPDEIIPinlb(ii•fema.dhs.gov for review. 24. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: w.lerna.cov/doc/government/urant/hulletins/info329 final screertint2 tnemo.doc 25. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. Page 3 Initials Appendix A 26. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EO12898) and Environmental Quality (EO1 1514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 27. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 28. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Gram' Programs Directorate, US Department of Hon2eland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the US Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security," 29. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. 30. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding and has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property/equipment purchased under the HSGP reverts to Cal EMA if the grant funds are deobligated/disallowed and/or not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation/disallowment of costs or Cal EMA reserves the right to place a lien on the property for the amount owed. Page 4 Initials Appendix A e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 31. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 32. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 33. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 34. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 35. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. 36. Agrees that where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xopnbiz/grants/index.shtm 37. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 38. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers, meaning if recipients are authorized to make subawards under this award, they must notify potential subrecipients Page 5 Initials Appendix A that no entity (see definition in paragraph C of this award term) may receive or make a subaward to any entity unless the entity has provided its DUNS number. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at IlJ rct u;.,!1•I b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for - profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a non -Federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract, d. "Subrecipient" means an entity that receives a subaward from you under this award; and is accountable to you for the use of the Federal funds provided by the subaward. 39. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 40. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. • b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. a. b. 41. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. Page 6 Initials Appendix A 42. Agrees that equipment acquired or obtained with grant funds: c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment ina manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. d. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 43. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 44. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 45. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 46. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 47. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 48. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 49. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2012 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2012 Homeland Security Grant Program application. Further, use of FY 12 funds is limited to those investments included in the California FY12 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 50. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Page 7 Initials Appendix A contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and d. where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 51. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 52. Will comply with the administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: - Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." - OMB Circular A -I 10, Uniforn Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The four costs principles circulars are as follows: - OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. 53. Will acknowledge, agree, and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS and/or Cal EMA. b. Recipients must give DHS/Cal EMA access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS/Cal EMA regulations and other applicable laws or program guidance. c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/Cal EMA officials and maintain appropriate backup documentation to support the reports. d. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/Cal EMA awarding office and the DHS Office of Civil Rights and Civil Liberties. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, Page 8 Initials Appendix A recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 54. Agrees that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. 55. Will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 56. Will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Govermnent a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. 57. Will obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 58. Will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. 60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug - free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007.In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the Page 9 Initials Appendix A period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of theaward term is provided at 2 CFR § 175.15. 62. Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 63. Will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features (see 24 CFR § 100.201). 64. Will comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C.§§ 12101-12213). 65. Will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 66. Will comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. 67. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 68. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Page 10 Initials Appendix A 70. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 71. Will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 72. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 73. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 74. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 75. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA. To determine if the public has access to Page 11 Initials Appendix A the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal EMA by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:!/www. sec. gov/answers/execom p. htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. 76. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Ron Morrison Title: Mayor Date: Page 12 Initials CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing funds in the amount of $23,526 for the reimbursable grant purchase of equipment for the Police and Fire Departments from the FY12 State Homeland Security Grant Program. (Fire) PREPARED BY: Walter Amede0 DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The FY12 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The San Diego County Office of Emergency Services coordinates the requests for equipment, training, exercises, and planning. National City's portion of the grant totaled $23,526 for equipment. The equipment funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must purchase and/or receive the items prior to the December 31, 2013 deadline. Staff recommends the utilization of $23,526 of City funds for equipment for the Police and Fire Department, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. i / FINANCIAL STATEMENT: APPROVED:�ni Finance ACCOUNT NO. 282-411-942-355-0000 & 282-412-942-355-0000 APPROVED: "Mi aj MIS No negative impact; FY12 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the utilization of $23,526 of City funds for the Police Department and Fire Department. Direct Staff to submit reimbursement forms to the San Diego County Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Y12 SHSG Distribution List Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $23,526 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE AND FIRE DEPARTMENTS FROM THE FISCAL YEAR 2012 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Fiscal Year 2012 Homeland Security Grant Program ("Grant Program") consists of the State Homeland Security Program ("SHSP"), the Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response Systems ("MMRS") and provides reimbursable grant funds to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services; and WHEREAS, the City of National City's share of the grant funds for the purchase of equipment is $23,526; and WHEREAS, the Police and Fire Departments must purchase and/or receive the equipment prior to the deadline of December 31, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of funds in the amount of $23,526 for the purchase of equipment for the Police and Fire Departments. BE IT FURTHER RESOLVED that staff is directed to request reimbursement of funds in the amount of $23,526 from the Fiscal Year 2012 Homeland Security Grant Program for the purchase of equipment for the Police and Fire Departments from the San Diego County PASSED and ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney County of San Diego Office of Emergency Services FY12 State Homeland Security Program Proposed Allocations CITIES �{* , ?ct7 �� ` Non -LE Allocation LE Allocation Personnel (Maximum 50%) Total Allocation Carlsbad $37,628 $12,711 $25,170 $50,339 Chula Vista $37,317 $26,761 $32,039 $64,078 Coronado $14,512 $4,906 $9,709 $19,418 Del Mar $6,012" .s�^� $3,006 $6,012 El Cajon $20,317 $13,380 $16,849 $33,697 Encinitas $14,823 _ ';_ $7,412 $14,823 Escondido $57,531 $18,956 $38,244 $76,487 Imperial Beach $6,738 $3,369 $6,738 La Mesa $10,470 $7,582 $9,026 $18,052 Lemon Grove $5,183 '',:��, $2,592 $5,183 National City $13,268 $10,258 $11,763 $23,526 Oceanside $21,768 $25,646 $23,707 $47,414 Port of SD (HPD) $15,722 $7,861 $15,722 Poway 0 $0 $0 San Diego $168,615 $211,856 $190,236 $380,471 San Marcos $24,671 $12,336 $24,671 Santee $9,537 $4,769 $9,537 Solana Beach $6,841 "' .ti $3,421 $6,841 Vista $21,250 1t" `i $10,625 $21,250 CITIES TOTALS $476,481 $347,778 $412,130 $824,259 FY12 SMSP Proposed Distribution. xls/Cities - LE & NON -LE 713/2012 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 • ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign a Memorandum of Agreement with the Unified San Diego County Emergency Services Organization for the temporary transfer of a Mass Casualty Apparatus. (Fire) AGENDA ITEM NO. (p PREPARED BY: Walter Amedee DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: In 2006, the Unified San Diego County Emergency Services Organization, also known as the San Diego Unified Disaster Council (UDC) acquired a mass casualty apparatus (MCA) consisting of a truck, trailer, and equipment as an asset for the San Diego County Region. The UDC has determined that the emergency service needs of the San Diego County Region would be best served by the positioning of the MCA within the geographic boundaries of National City. As a member of the UDC, the National City Fire Department (NCFD) has determined that its interests would be served by having the MCA positioned within National City. The transfer will be for a minimum of two (2) years starting on February 1, 2013 to January 31, 2015. The MCA can be used to respond to all -hazard, homeland security, civil defense and disaster preparedness. The NCFD believes it is in the City's best interest to accept the transfer of the MCA. In order to do that, the City Council must authorize the Mayor to sign the Memorandum of Agreement with the UDC. • FINANCIAL STATEMENT: APPROVED: (17/44,CLkit<i Finance ACCOUNT NO. APPROVED: MIS Minor Impact - any authorized cost incurred while performing MCA training, maintenance, and repair costs on behalf of the UDC shall be reimbursable. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to sign the Memorandum of Agreement with the Unified Disaster Council for the temporary transfer of a Mass Casualty Apparatus. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: i1. Memorandum of Agreement with the UDC for the temporary transfer of a Mass Casualty Apparatus 2. Proposed Biennial Rotation Schedule for Regional Vehicles 3. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES ORGANIZATION FOR THE TEMPORARY TRANSFER OF A MASS CASUALTY APPARATUS WHEREAS, in 2006, the Unified San Diego Emergency Services Organization, also known as the San Diego Unified Disaster Council ("UDC"), acquired a mass casualty apparatus ("MCA") consisting of a truck trailer and equipment as an asset for the San Diego County region; and WHEREAS, the UDC has determined that the emergency service needs of the San Diego County region would be best served by locating the MCA within the geographic boundaries of National City for a minimum of two years; and WHEREAS, the MCA can be used to respond to all -hazard, homeland security, civil defense, and disaster preparedness; and WHEREAS, as a member of the UDC, the National City Fire Department has determined that its interests would be served by having the MCA located within National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the Unified San Diego Emergency Services Organization, also known as the San Diego Unified Disaster Council ("UDC"), authorizing the transfer to and temporary location of a mass casualty apparatus ("MCA") consisting of a truck trailer and equipment in National City for a minimum of two years. PASSED and ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES ORGANIZATION AGREEMENT FOR TEMPORARY TRANSFER OF MASS CASUALTY APPARATUS This Agreement is entered into this 156 day of January, 2013, by and between the Unified San Diego County Emergency Services Organization, hereafter referred to as the San Diego Unified Disaster Council ("UDC") and the City of National City ("TRANSFEREE"). RECITALS Whereas, the UDC is a joint powers authority formed pursuant to the Fifth Amended Emergency Services Agreement; Government Code sections 6500, 8605 and 8610; Whereas, TRANSFEREE is a member of the UDC; Whereas, the UDC has acquired the mass casualty apparatus ("MCA") consisting of a truck, trailer and equipment as more fully described below and in Appendix A to this Agreement; Whereas, the UDC has determined that the emergency service needs of the County of San Diego Operational Area would be best served by the positioning of the MCA within the geographic boundaries of TRANSFEREE; Whereas, TRANSFEREE has determined that its interests would be served by having the MCA positioned within its boundaries; IT IS HEREBY MUTUALLY AGREED, for good and valuable consideration, between the parties hereto as follows: 1. Transfer Of Possession and Use Of The MCA a. The UDC hereby transfers possession only, but not ownership, to TRANSFEREE and TRANSFEREE hereby accepts possession from UDC of the MCA listed in Appendix A, which is incorporated into this Agreement, for the period of 2 years, commencing February 1, 2013, for the following all -hazard, homeland security, civil defense and disaster preparedness or response purposes, including: Mass casualty incidents threatening human life, properties vital to homeland security or the continuity of essential government or private sector services and operations; mutual aid support to other jurisdictions or agencies; parades and displays; training of regular and auxiliary firefighters and other first responders; temporary standby for TRANSFEREE's regular apparatus while out of service for repairs; and daily TRANSFEREE emergency preparedness and response use provided that use does not significantly impact the availability of MCA to perform the missions noted in this agreement. Other deployment activities performed may be at the request of the UDC provided in conjunction with, or in preparation for, a proclamation of local emergency and/or Governor and/or Presidential declaration of disaster or emergency, or as a pre -deployed resource in a standby status for use during a designated special event. b. Unified San Diego County Emergency Services Organization will title the vehicle to show Unified San Diego County Emergency Services Organization as the lessor and TRANSFEREE as registered owner/lessee. Vehicle registration will show the Unified San Diego County Emergency Services Organization as legal owner/lessor and TRANSFEREE jurisdiction as lessee. County Office of Emergency Services (OES) on behalf of the UDC, supported by County Fleet Management, will coordinate these and related actions such as the preparation of any leasing documents to show the responsibilities of the parties during the lease duration, and will assume any transaction costs associated with these actions. Once the lease agreement is terminated, County OES will coordinate the return transfer and will pay all costs associated therewith. c. *Summary Description of MCA: Mobile mass casualty treatment supply cache mounted in trailer with prime mover as a regional resource. Cache Trailer Description: Wells Cargo 2006 Model CW1622-102 16 Foot Utility Trailer Cache Trailer Designation: San Diego Regional Response Vehicle GV5291 Cache Trailer Identification Number: 1WC200G2461114972 Cache Trailer License Number: to be provided by County Fleet Maintenance Value of Trailer and Cache Equipment: $32,336.56 Tow Vehicle Description: Ford 2006 F250 (31P, PK) Tow Vehicle Designation: San Diego Regional Response Vehicle GV3091 Tow Vehicle Identification Number: 1FTSW20516ECO2663 Tow Vehicle License Number: 1215137 Value of Tow Vehicle: $27,150.17 Value of Tow Vehicle Communications Equipment: approx. $14,041.66 Value of Tow Vehicle and Trailer Emergency Lighting and Sirens: $13,269.74 Value of Tow Vehicle and Trailer Branding: $688.68 Acquisition Cost: $87,500 (approximate). d. Equipment inventories as listed in Appendix A, may be changed during the term of this agreement, utilizing property accountability procedures established or approved by the UDC, through mutual written agreement of the UDC and TRANSFEREE. *Values reflected as of April, 2007. City of National City 2 August 21, 2012 San Diego Unified Disaster Council 2. Housing, Maintenance, Repair and Replacement. a. During the term of this agreement, TRANSFEREE agrees to adequately house, staff, operate, maintain and repair the MCA and equipment (hereinafter collectively referred to as "the MCA" except where it is desired to refer to the equipment alone, in which case the term "equipment" is used) at its sole cost and expense, save as otherwise expressly provided in this Agreement. The MCA shall be housed on property of the TRANSFEREE under conditions similar to those afforded TRANSFEREE'S other emergency response vehicles and in a manner to provide reasonable protection against sabotage, theft or malicious damage. The MCA shall be maintained in such condition that it is available for immediate emergency use (available to respond within 20 minutes of direction to do so), and at the same general standard as other emergency apparatus operated by County. Maintenance shall include but not be limited to: preventive maintenance; standard vehicle part and system maintenance; federal, State and local inspections and requirements; motor tune-ups; transmission, differential and all running gears inspections and replenishment; brake and exhaust systems inspection and maintenance; cooling devices including radiator maintenance; care of: equipment, truck, trailer, batteries, tires, belts, hoses, appliances, fluids and lubrication (but not fuel), communications, lighting and alarms systems; branding; general cleaning and polishing; and periodic testing. Maintenance is to be performed to manufacturer's specifications and intervals to ensure warranty compliance. Whether incurred through daily use including normal wear and tear, breakage or accident, deviations from specifications or mission readiness will be repaired expeditiously. TRANSFEREE has the option of performing all maintenance, repairs and replacements using own fleet procedures and facilities, or coordinating with the County to enter the vehicles into the County Fleet Maintenance Information System (FMIS) and ensuring vehicle maintenance and repair is kept current. If TRANSFEREE chooses to use County maintenance facilities TRANSFEREE will coordinate that action with San Diego County Fleet Management via the San Diego County Office of Emergency Services (OES). If TRANSFEREE chooses to use own facilities and procedures for maintenance and repair, TRANSFEREE will provide semi-annual maintenance history updates to County Fleet Management, and again upon termination of this agreement. Guidance on Standards of Maintenance can be provided by County Fleet Maintenance. Issues regarding maintenance standards will be resolved by the County Office of Emergency Services. TRANSFEREE is encouraged to use the County Fleet Maintenance Fuel System when doing so is practical and cost effective. b. Maintenance, repairs and replacements, or coordination with County Fleet Maintenance for the same, shall normally be the responsibility of TRANSFEREE. c. Funding to perform maintenance and repair is discussed in paragraph 11, Allowances, of this Agreement. If maintenance and repair costs exceed the annual allowance TRANSFEREE may request reimbursement for excess costs from the UDC. Written requests for reimbursement may be submitted to the UDC, via County OES, on a semi-annual basis. UDC review of submitted requests will be identified in the UDC Meeting Agenda prepared by County OES. Upon UDC approval of the request, County OES will oversee processing of the reimbursement, which shall be made within 30 days of TRANSFEREE's submittal of reimbursement request. A UDC -identified funding source should be used for above stated maintenance, repairs and City of National City San Diego Unified Disaster Council 3 August 21, 2012 replacements. The UDC will enter into a Joint Powers Agreement (JPA) to establish governance, operations, maintenance and long term sustainment of regional vehicles and any other regional items. d. If and to the extent that the need for repair is the result of misuse and/or negligence on the part of the TRANSFEREE in the maintenance or use of the MCA, TRANSFEREE shall bear the cost of each such item of repair or replacement. e. Subject to paragraph 2.d., above, repair or replacement of the MCA shall be the responsibility of UDC when the MCA is consumed, lost, stolen, damaged or destroyed (i) during mutual aid operations when UDC has dispatched or directed the dispatch of the MCA through the Operational Area Fire and Rescue Coordinator, (ii) during TRANSFEREE initiated emergency preparedness or response operations where Operational Area Fire and Rescue Coordinator and Zone Coordinator notification has been made, or when (iii) the UDC has reassigned said apparatus pursuant to the provisions of this Agreement. f. TRANSFEREE agrees that it will assume responsibility for the repair or replacement of equipment that has been consumed, lost, stolen, damaged or destroyed in operations other than referred to in paragraph 2e. above. 3. Inspection of MCA. TRANSFEREE agrees that representatives of the UDC and other authorized UDC personnel may inspect the MCA during normal working hours with 7 days prior notification to the TRANSFEREE 4. Staffing. a. Reasonable and sustained training shall be carried on so that Driver/Operator trained and other qualified personnel ("Crew") shall be available to staff and operate the MCA. The TRANSFEREE shall staff the MCA with a minimum of two qualified personnel whenever the MCA is dispatched. At least one must be an emergency medical technician (EMT) qualified and certified in emergency medical procedures and equipment. The other will be an Engineer or driver trained for 3/a ton truck and trailer operations. The MCA may be assigned to incidents outside of the operational area. The Crew will have primary responsibility for the set-up, activation and technical operation of the MCA's equipment, and will provide ongoing assistance to incident staff as assigned by the Incident Commander. b. The TRANSFEREE must ensure crews can safely provide mass casualty functions to victims or emergency responders in a field environment, while maintaining a defensive posture to prevent additional casualties. City of National City 4 August 21, 2012 San Diego Unified Disaster Council c. Assigned crews shall evaluate the effects of severe weather, the security environment, and other difficult conditions and operate safely during all activations. d. Inability of the TRANSFEREE to meet the staffing requirements described in this Agreement shall be immediately reported to the Operational Area and Regional Fire and Rescue Coordinator and Zone Coordinator, and County OES for resolution. 5. Terms and Conditions of Use. a. TRANSFEREE agrees to dispatch MCA covered by this agreement under policies established by: Aid Plan; (1) California Disaster and Civil Defense Master Mutual Aid Agreement; (2) California Fire Service and Rescue Emergency Mutual Aid System Mutual (3) San Diego County Fire Mutual Aid Agreement; (4) Unified San Diego County Emergency Services Organization Operational Area Emergency Plan Annex B, Fire and Rescue Mutual Aid Operations; (5) State Emergency Management (SEMS) Resource Ordering and Tracking: A Guide for State and Local Government (as appropriate, and modified for National Incident Management (NIMS) compliance). b. TRANSFEREE agrees to Dispatch equipment to a location outside of San Diego County under the California Fire Service and Rescue Mutual Aid Plan only when approved by the local San Diego County Operational Area Coordinator and local Zone Coordinator. c. When activated for any reason, MCA vehicles will comply with all California laws and TRANSFEREE Agency laws and policy regarding use of emergency flashers, lights, sirens and other devices. d. TRANSFEREE agrees to Dispatch the equipment for use in exercises, demonstrations, educational displays and other uses only in accordance with policies of either the UDC or TRANSFEREE Agency. e. All movement of the MCA shall be handled through the official dispatching channels of TRANSFEREE. TRANSFEREE dispatchers will recognize and act on all official requests for movement of the MCA in conformance with Operational Area Emergency Plan Annex B while keeping the Zone Coordinator and Operational Area Fire and Rescue Coordinator informed. TRANSFEREE may initiate MCA response within its local jurisdiction keeping Zone Coordinator and Operational Area Fire and Rescue Coordinator informed. City of National City San Diego Unified Disaster Council 5 August 21, 2012 f. The UDC reserves the right to dispatch, direct the dispatch of, or temporarily reassign the MCA whenever, in the opinion of the UDC, its OES Director, or the Operational Area and Regional Fire and Rescue Coordinator, the MCA is essential to the protection of life and property in another jurisdiction or in the best interest of the UDC. g. TRANSFEREE agrees to Maintain fully stocked levels of all expendable supplies specified for the equipment in the inventory at Appendix A at all times. Supplies may be expended only during activations for events covered by the purpose and scope of this Agreement except as specified below. h. Supplies will not be used to resupply TRANSFEREE or other jurisdiction equipment under normal circumstances (i.e., no cannibalization), unless an opportunity presents itself to maximize the efficient use of both UDC and TRANSFEREE supplies, in which case supplies may be exchanged on a one -for -one basis provided shelf life tolerances or other accepted inventory control practice are not violated. i. Supplies may be expended during exercises, training and other approved uses only to the extent that acceptable replacements are on -hand for immediate replenishment at the conclusion of the approved use. j. Equipment will be used only for the purposes covered by the Terms and Conditions of Use in this agreement. All use will be in a manner specified by the manufacturer, approved by law, and consistent with Homeland Security Grant Program guidance. Any other use will be deemed as misuse under this agreement, and the TRANSFEREE will be fully liable for any and all costs associated with such misuse. k. MCA will not be assigned for "take-home" use. 6. Notifications The TRANSFEREE will notify the UDC through the Director of the Office of Emergency Services ("OES") (or the OES Duty Officer after hours), the Operational Area and Regional Fire and Rescue Coordinator and Zone Coordinator at the following times: a. When MCA is unavailable or not mission ready (NMR) for any reason b. When unavailable/NMR MCA is returned to service c. When planned preventative maintenance is scheduled d. When MCA is dispatched for any reason e. When MCA is associated with an injury or involved in an accident City of National City 6 August 21, 2012 San Diego Unified Disaster Council f. When MCA is the subject of press or media interest g. When MCA is no longer needed or can no longer be maintained by the TRANSFEREE. 7. Reimbursable Response. Pursuant to the California Disaster and Civil Defense Master Mutual Aid Agreement, the mutual aid extended under this Agreement shall be without reimbursement unless otherwise expressly provided for. Reimbursement for mutual aid may be provided pursuant to a governor's disaster proclamation or if conditions should warrant invoking the California Fire Assistance Agreement (Cooperative Agreement for Local Government Fire Suppression Assistance). No party shall be obligated to pay or reimburse any other party for any aid furnished pursuant hereto, except that, if conditions warrant, reimbursement shall be made by the party receiving such aid pursuant to the Fire Mutual Aid Operational Plan for fire fighting supplies actually used in fire suppression by the Agencies furnishing assistance hereunder. There is no other existing provision for mutual aid reimbursement. 8. Temporary Use Subject to conditions set forth herein, TRANSFEREE shall be permitted to use the MCA for daily use. The MCA may be used on a temporary basis when emergency conditions warrant, or when other regular Mobile Mass Casualty appafatus, or mass medical cache units are out of service, provided that use supports management and administration, planning, training or exercises to prevent, protect against, respond to, and recover from terrorist attacks, major disasters, and other emergencies. In later case the TRANSFEREE shall immediately notify the UDC through the OES Director (OES Duty Officer after hours), the Operational Area and Regional Fire and Rescue Coordinator and Zone Coordinator. 9. Report of Accidents. TRANSFEREE shall immediately notify UDC via County OES of any and all accidents involving the MCA. It shall be the responsibility of TRANSFEREE to fill out a TRANSFEREE agency "Report of Automobile Accident," and file the report with County OES. The TRANSFEREE shall retain a copy of this report and the original copy shall be forwarded to the UDC via County OES. 10. Insurance Protection a. Within 10 working days of inception of the Agreement, TRANSFEREE shall submit to UDC certificates of insurance and appropriate separate endorsements or evidence of self insurance, evidencing that the TRANSFEREE has obtained insurance coverage for the period of the Agreement, in the following forms of coverage and minimum amounts specified from insurance carriers with a Best's Rating of not less than A-, VII. County OES may coordinate extension approval for TRANSFEREES seeking third party insurance, provided any change in risk or liability during the extension is approved by interested parties. City of National City 7 August 21, 2012 San Diego Unified Disaster Council 1. Listing the TRANSFEREE as lessee on the title and registration establishes an insurable interest. It is expected that TRANSFEREE will be able to insure the vehicles without the specific transfer of ownership. If the TRANSFEREE jurisdiction is self -insured, the TRANSFEREE can assume the liability of the vehicles they do not own but use. If the TRANSFEREE jurisdiction is not self -insured and has a third party insurer, the TRANSFEREE will check with their insurance carrier to inquire about a non -owner insurance policy. Amounts and extent of coverage for these policies vary. A determination on whether coverage is workable will be done on a case by case basis. If acceptable coverage cannot be obtained, then the UDC will 'convey' the vehicle so that the TRANSFEREE jurisdiction is a registered owner and maintain itself as a lienholder (a/k/a lease). Any such 'conveyances' done on behalf of the UDC, will be done by County OES through County Purchasing and Contracting. 2. An occurrence policy of Commercial General Liability insurance insuring TRANSFEREE against liability for bodily injury, personal injury or property damage arising out of or in connection with the TRANSFEREE's performance of work or service under this agreement of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. The UDC shall be added as Additional Insured by separate endorsement to the policy. 3. Statutory Workers' Compensation, as required by State of California and Employer's Liability at $1,000,000 each accident for bodily injury or disease. 4. Comprehensive Automobile Liability covering all owned, non -owned and hired vehicles for bodily injury and property damage of not less than $2,000,000 each accident. Coverage shall include Additional Insured clause to UDC and registered owner of described vehicle. 5. Automobile Physical Damage providing ACV Comprehensive and Collision on described vehicle, maximum deductible $2,500 per occurrence. Coverage shall include Loss Payable clause to UDC and registered owner of described vehicle. 6. Certificates of insurance provided by TRANSFEREE must evidence that the insurer providing the policy will give UDC 30 days' written notice, at the address shown in the section of the Agreement entitled "Notices," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. b. The UDC shall retain the right to review the coverage, form and amount of insurance required herein and may require TRANSFEREE to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. UDC requirements shall be reasonable. UDC retains the right to demand a certified copy of any insurance policy required herein after 15 days notice. City of National City 8 August 21, 2012 San Diego Unified Disaster Council c. TRANSFEREE may fulfill some or all of the insurance requirements contained in this Agreement under a plan of self-insurance. TRANSFEREE'S utilization of self-insurance shall not in any way limit liabilities assumed by TRANSFEREE under the Agreement. Evidence of self-insurance shall be provided to UDC by Statement of Coverage or other evidence. 11. Allowances An annual allowance (not to exceed 10% of the acquisition cost identified in paragraph 1.c. of this Agreement) will be provided to the TRANSFEREE in the form of reimbursements from a UDC -identified funding source to pay for the costs of replenishment of expendable supplies, maintenance outside of warranties, and replacement of other equipment provided as part of the original equipment that becomes inoperable through fair wear and tear. The TRANSFEREE agrees to incur other expenses except those identified in paragraphs 12 and 14 of this Agreement which shall be reimbursed pursuant to paragraph 2 c. of this Agreement. The UDC will develop a Joint Powers Agreement (JPA) to establish governance, operations, maintenance and long term sustainment of regional vehicles and any other regional items. All expenses incurred as a result of unauthorized use or abuse of the equipment are the sole responsibility of the TRANSFEREE. If TRANSFEREE chooses to use County maintenance facilities TRANSFEREE portion of maintenance, repair and replacement allowance will be reallocated to County Fleet Management. 12. Training Any authorized cost incurred by the TRANSFEREE while performing MCA training on behalf of the UDC to other agencies shall be reimbursable. Authorized costs typically include Overtime, Backfill and training delivery costs. If training costs when combined with maintenance and repair costs exceed the annual allowance TRANSFEREE may request reimbursement for excess costs from the UDC per the process identified in paragraph 2.c. of this Agreement. 13. Unauthorized Use of The MCA. Use of the MCA other than as specified in this Agreement will be considered a breach of this agreement. 14. Use of Radio Equipment. a. UDC will furnish, at UDC'S sole cost, radio equipment installed in the MCA to be operated in accordance with the San Diego Urban Area Tactical Interoperable Communications (TIC) Plan. Radios will be programmed per the Metropolitan Medical Strike Team (MMST) Fleetmap. If radio maintenance, repair, replacement and licensing costs when combined with training and other MCA maintenance and repair costs exceed the annual allowance, TRANSFEREE may request reimbursement for excess costs from the UDC per the process identified in paragraph 2.c. of this Agreement. City of National City San Diego Unified Disaster Council 9 August 21, 2012 b. The TRANSFEREE may install additional interoperable radio communications, mobile data, GPS, or similar equipment with the approval of the UDC. TRANSFEREE agrees to maintain such additional equipment without cost to UDC. c. The TRANSFEREE agrees to operate all radio equipment in accordance with the Rules and Regulations of the Federal Communications Commission and the County Tactical Interoperable Communications Plan. d. UDC shall retain ownership of any equipment it installs. All applications to "the Federal Communications Commission seeking authority to add, modify or replace radio equipment covered by this Agreement shall be made by and in the name of the UDC. In compliance with the control requirements of the Communications Act of 1934, as amended, the UDC hereby deputizes the Chief of the fire department of said TRANSFEREE, and such regularly employed and salaried assistants as shall be designated by the Chief of the fire department as his agents to operate said radio equipment as specified in paragraph 14c above. 15. Defense and Indemnification a. Claims Arising From Sole Acts or Omissions of UDC UDC hereby agrees to defend and indemnify TRANSFEREE, its agents, officers and employees (hereinafter collectively referred to in this paragraph as 'TRANSFEREE'), from any claim, action or proceeding against TRANSFEREE, arising solely out of the acts or omissions of UDC in the performance of this Agreement. At its sole discretion, TRANSFEREE may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve UDC of any obligation imposed by this Agreement. TRANSFEREE shall notify UDC promptly of any claim, action or proceeding and cooperate fully in the defense. b. Claims Arising From Sole Acts or Omissions of TRANSFEREE TRANSFEREE hereby agrees to defend and indemnify the UDC, its agents, officers and employees (hereafter collectively referred to in this paragraph as 'UDC') from any claim, action or proceeding against UDC, arising solely out of the acts or omissions of TRANSFEREE in the performance of this Agreement. At its sole discretion, UDC may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve TRANSFEREE of any obligation imposed by this Agreement. UDC shall notify TRANSFEREE promptly of any claim, action or proceeding and cooperate fully in the defense. c. Claims Arising From Concurrent Acts or Omissions UDC hereby agrees to defend itself, and TRANSFEREE hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of UDC and TRANSFEREE. In such cases, UDC and TRANSFEREE agree to retain their own City of National City 10 August 21, 2012 San Diego Unified Disaster Council legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph e below. d. Joint Defense Notwithstanding paragraph c above, in cases where UDC and TRANSFEREE agree in writing to a joint defense, UDC and TRANSFEREE may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of TRANSFEREE and UDC. Joint defense counsel shall be selected by mutual agreement of UDC and TRANSFEREE. UDC and TRANSFEREE agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph e below. UDC and TRANSFEREE further agree that neither party may bind the other to a settlement agreement without the written consent of the other party. e. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, the parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 16. Deemed Notice All notices herein provided to be given, or that may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the U.S. mail, registered and postage prepaid and addressed as follows: To the TRANSFEREE at 333 East 16th Street, National City, CA 91950 (Attn: Fire Chief), and to the UDC via Director, Office of Emergency Services at 5555 Overland Avenue, Suite 1911, San Diego, CA 92123-1294. The address to which notices shall or maybe mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinabove provided; but nothing herein contained shall preclude the giving of any such notice by personal service. 17. Amendments It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto. 18. UDC Waiver Of Maintenance Requirements The UDC may in its sole discretion and for such good cause as it determines waive in writing in whole or in part any requirement of this Agreement that the MCA and/or equipment shall be maintained in operating condition, or repaired, or replaced, providing that any such waiver shall be applicable only to the specific apparatus or equipment to which it refers. City of National City 11 August 21, 2012 San Diego Unified Disaster Council 19. Termination of Agreement a. Either party may terminate this Agreement upon 14 days written notice to other party, or TRANSFEREE may relinquish or UDC may repossess any portion of the MCA upon like notice to the other party, except that UDC may repossess any portion thereof without written notice whenever it deems the same is not being maintained in accordance with this Agreement. b. Upon the termination of this Agreement, TRANSFEREE agrees to return MCA in the same condition as received, reasonable wear and tear, acts of God, and conditions over which he has no control excepted, along with maintenance history discussed in paragraph 2 of this Agreement. c. As inventory changes occur, or items of equipment are replaced, deleted or added by the UDC or replaced by TRANSFEREE, it is mutually agreed that no amendment to this Agreement need be made at the time of the change; provided however, at the termination of this Agreement a complete reconciliation of all equipment will be made. TRANSFEREE further agrees that all replacements for the MCA will be made with identical or substantially like items. d. Nothing in this agreement shall be construed to create a new property interest or right of action for the TRANSFEREE. 20. Administration of Agreement The UDC authorizes the Director, County Office of Emergency Services and such regularly employed and salaried assistants as shall be designated by the Director to execute the provisions and administration of this Agreement. Supplemental procedures or processes developed in support of this Agreement can be authorized by the Director pending approval by the UDC. --- Signature Page to Follow --- City of National City 12 August 21, 2012 San Diego Unified Disaster Council IN WITNESS WHEREOF, the parties hereto have executed this agreement upon the date first above written. CITY OF NATIONAL CITY SAN DIEGO COUNTY UNIFIED DISASTER ("TRANSFEREE") COUNCIL By By Ron Morrison, Mayor Chairperson APPROVED AS TO FORM: APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel City Attorney City of National City San Diego Unified Disaster Council 13 August 21, 2012 APPENDIX A TRUCK, PICKUP 2006 Ford F250 4x2 with crew cab Vehicle Identification Numbers of Regional MCA Trucks: 1 FTSW20566ECO2660 1FTS W20586ECO266 1 1FTSW205X6ECO2662 1FTS W205 16ECO2663 — MCA 102 1 FTS W20536ECO2664 1FTSW20556ECO2665 ITEM DESCRIPTION UNIT QUANTITY Warning Lights/siren System FEDSIG SS200SM-SD Each 1 Smart Siren w/signal master control FEDSIG ARJENT SL LED Each 1 LIGHTBAR, 53" WHELEN Emergency Each 1 Lighting &Warning Package Vehicle Branding Reflective Vehicle Each 1 Identification Markings Towing Package Trailer Hitch Receiver Each 1 Radios 800 MHz Mobile Radio System Motorola XTL5000 Mobile Each 1 Radio Dash Mount Package VHF Mobile Radio System Kenwood VHF Mobile Each 1 Radio System TK-790 City of National City San Diego Unified Disaster Council 14 August 21, 2012 800 MHz Portable Radios Motorola XTS 5000 Each 1 (Radio, Antenna & Nickel Metal Hydride Battery) Motorola XTS 5000 Spare Nickel Metal Hydride Batter, Motorola XTS 5000 VHF Portable Radios Battery Charger Bendix King Portable Radio Model DPH-5102, Bendix King Portable Clamshell, Spare Battery, VHF Helical Antenna Each 1 UTILITY TRAILER 2006 Wells Cargo -Series/Model Number W1622-102 Vehicle Identification Numbers of Regional MCA Trailers: 1 WC200G2261114971 1WC200G2461114972 - MCA 102 1 WC200G2661114973 1 WC200G2861114974 1 WC20002X61114975 1 WC200G2161114976 ITEM DESCRIPTION UNIT QUANTITY Vehicle Branding Warning Light System Vehicle Identification Visual Each 1 Markings Emergency Lighting Package City of National City San Diego Unified Disaster Council Each 1 15 August 21, 2012 UTILITY TRAILER CONTENTS Item Quantity Command Post -MCI Management Kit 1 Mesh Command Vest -INC CMNDR 1 Mesh Command Vest -PI0 1 Mesh Command Vest -SAFETY OhNICER 1 Mesh Command Vest —OPERATIONS 1 Vest Hanger 1 EMS Tactical Command Sheet 1 Telescoping Aluminum Easel 1 Deluxe Treatment Area Flag Set 1 Flag -TRIAGE AREA 1 Flag -TREATMENT AREA ENTRANCE 1 Triage Tarp Kit (Set of 4 Tarps) 1 "Command Post" Flag wl Window Bracket 1 Tripod Base -Flag Stand 6 "Command Post" Barricade Tape 1 " 1st Priority" Barricade Tape 1 "2nd Priority" Barricade Tape 1 "3rd Priority" Barricade Tape 1 "Triage Area" Barricade Tape 1 Triage Tape Belt Packs 4 Triage Supply Kit (1 50 Patients) 2 Megaphone 1 Packaged In A Large Padded Trauma Bag 1 5"x 9" ABD Pads 20 4"x4" Gauze Pads 20 3"x 5yd Rolled Gauze 10 3" Elastic Bandage 1 2"x 10 yd Medical Tape 2 Triangular Bandages 4 Occlusive/ Petroleum Gauze Dressing 3x9" 2 Multitrauma Dressing 1 Bloodstopper Pressure Dressing 5 Burn Sheet 60" x 96" 1 Sterile NaC1250 cc Pour Solution 1 CPR Barrier Device/Pocket Mask 1 No. 3 Oral Airways (90 mm) 2 No. 4 Oral Airways (100 mm) 2 No. 5 Oral Airways (I 10 mm) 2 Mylar Blankets 6 City of National City 16 August 21, 2012 San Diego Unified Disaster Council Penlight 1 Trauma Shears 1 BioWaste Bag 24"x24" 4 Germicidal Hand Wipe 10 Surgical Mask 1 Safety Glasses 1 5"x9" ABD Pads 25 4"x 4" Gauze Pads 50 3"x 5yd Rolled Gauze 24 3" Elastic Bandage 4 2"x 10 yd Tape 6 Triangular Bandages 12 Occlusive/Petroleum Gauze Dressing 3'x9" 2 Multitrauma Dressing 8 1 "x3" Adhesive Bandages (Box 100) 1 Bloodstopper Pressure Dressing 20 Burn Sheet 60"x96" 5 Sterile NaC1 250 cc Pour Solution 5 BioWaste Bag 24"x24" 4 Trauma Shears 5 Triangular Bandages 24 3" Elastic Bandage 20 SAM Splint 12 Cardboard Splint wlfoam -18" 12 3"x 5yd Rolled Gauze 12 2"x 10 yd Medical Tape 4 Nasopharyngeal Airways -24 FR 12 Nasopharyngeal Airway -28 FR 12 Surgical Lubricant 2.7 g Packet -Water Based 6 No. 3 Oral Airways (90 mm) (Box 12) 1 No. 4 Oral Airways (100 mm) (Box 12) 1 No. 5 Oral Airways (110 mm) (Box 12) 1 Stethoscope (Proscope 660) 1 Manual Suction Unit 2 BVM Disposable Adult wl Reservoir & Tubing 6 No. 2 Oral Airways (80 mm) (Box 12) 2 No. 3 Oral Airways (90 mm) (Box 12) 2 No. 4 Oral Airways (100 mm) (BOX 12) 2 BVM Disposable Pediatric w/ Reservoir & Tubing 6 NAJO Lite Backboard 50 One Piece 9' Backboard Strap Kit w/ Plastic Buckles 150 HeadHugger CID's 50 Adjustable C-Collar -Adult 50 Adjustable C-Collar -Pedi 30 City of National City 17 August 21, 2012 San Diego Unified Disaster Council Extrication Collar Bag 8 Cardboard Splint w/Foam -34" 20 SAVER Cardboard Splints 30 Stethoscope (Proscope 660) 8 BP Cuff -Adult 4 BP Cuff -Adult Large 1 BP Cuff -Pedi 1 Gloves Latex —Medium 2 Gloves Latex —Large 3 Gloves Latex —X-Large 3 Surgical Masks 20 Sharps Containers -1 QT 4 Biohazard Bags 30 Biohazard Waste Cans 4 Tyvek QC Coveralls -Medium 8 Tyvek QC Coveralls -Large 8 Tyvek QC Coveralls -X-Large 8 Ear Plugs -Dispenser Box 100 pairs 1 Safety Glasses 12 Germicidal Hand Wipe 50 Equipment Wipes 10 Clear Rain Ponchos 30 Cold Packs 24 Heat Packs 24 Mylar Blankets 200 PETT 1 Urinals 2 Bed Pans 2 OB Kits 2 Body Bags (White Medium Duty) 15 Manta 1 Hand Truck 1 Hand Truck Noseplate Extension 1 Rescue Express 2 Spare "C" Batteries -12 pack 3 Spare "AA" Batteries -24 pack 2 Duct Tape Roll 4 Saver Trauma 02 Kit 1 5 "x9"ABD Pads 10 4"x4" Gauze Pads 20 3"x 5yd Rolled Gauze 4 3" Elastic Bandage 1 2"x 10 yd Medical Tape 2 Triangular Bandages 4 City of National City 18 August 21, 2012 San Diego Unified Disaster Council Occlusive/Petroleum Gauze Dressing 3'x9" 2 Multitrauma Dressing 1 Bloodstopper Pressure Dressing 5 Burn Sheet 60"x96" 1 Sterile NaC1250cc Pour Solution 1 CPR Barrier Device/.Pocket Mask 1 No. 3 Oral Airways (90 mm) 2 No. 4 Oral Airways (100 mm) 2 No. 5 Oral Airways (110mm) 2 Mylar Blankets 6 EMT Shears 1 BioWaste Bag 24"x24" 4 Germicidal Hand Wipe 10 Surgical Mask 1 Safety Glasses 1 Stethoscope 1 BP Cuff 1 Intubation Kit in Nylon Case 1 Laryngoscope Handle L 1 # 1 Miller Blade 1 # 2 Miller Blade 1 # 3 Miller Blade 1 # 2 Macintosh Blade 1 # 3 Macintosh Blade 1 C Batteries 4 Adult Magill Forceps 1 6.0 mm Cuffed ET Tube 2 7.0 mm Cuffed ET Tube 4 7.5 mm Cuffed ET Tube 4 8.0 mm Cuffed ET Tube 2 Stylet 4 Surgical Lubricant 2.7 g Packet -Water Based 15 12 cc Syringe 5 Esophageal Intubation Detector 2 Trach Tape 10 BVM Disposable Adult w/ 02 Bag & Tubing 2 Manual Suction Unit 1 IV Start Sets 5 3.0 mm Uncuffed ET Tube (Box of 10) 1 4.0 mm Uncuffed ET Tube (Box of 10) 1 5.0 rum Uncuffed ET Tube (Box of 10) 1 Stylette 4 Blanket Container -50 Gallon 1 Polyform Blankets H Tank Oxygen 35 1 City of National City 19 August 21, 2012 San Diego Unified Disaster Council H Tank Dolly/Cart 1 Ratchet Straps -Pack 4 1 Medium Industrial Attached Lid Container 1 5 Outlet 02 Manifold w/ Extra Orifices 2 02 Hose for Manifold -20' 1 02 Hose for Manifold -6' 1 Oxygen Tank Regulator 1 Small Industrial Attached Lid Container 1 Oxygen Cannula (Adult) 50 Medium Industrial Attached Lid Container 1 NR Oxygen Mask (Adult) 50 Oxygen Tank Wrenches 2 Tool Box 1 18v Dewalt Tool Set 1 Extra Accessory Set for above Tool Set 1 Batteries for above Tool Sets 2 Volt Detector 1 50' Extension Cords Reel for Extension Cords 2 192 Piece Mechanics Tool Set 1 Metric Socket Set 1 Open Ended Metric Wrench Set 1 Bolt Cutter 1 Flat Head Axe 1 Halogen Bar 1 25' Tape Measure 1 Set of Flood Lights 1 Replacement Bulbs for above Lights 2 5 Pair each Small, Med, Large Leather Gloves (Total 15 Pairs) 1 Barrier Tape 1 Rechargeable Flashlights 10 Traffic Cones Binoculars 1 City of National City 20 August 21, 2012 San Diego Unified Disaster Council Unified San Diego County Emergency Services Organization Proposed Biennial Rotation Schedule for Regional Vehicles 6 Mass Casualty Apparatus (MCAs) and 3 Mass Decon Units (MDUs) Current Status of MCAs/MDUs: (as of August, 2012) Zone Type of Vehicle Current Location and Status Central MCA 101 San Diego Fire — Station (retaining MCA) Metro MCA 102 Coronado Fire — Station 37 (interested in rotation) Metro MCA 103 Chula Vista Fire — Station 4 (retaining MCA) Central MCA 104 La Mesa Fire — Station 12 (retaining MCA) North MCA 105 Oceanside Fire — Station 7 (retaining MCA) North MCA 106 County Storage (needs a home) Central MDU 101 El Cajon (will store MDU) Metro MDU 102 San Diego Fire — Station 31 (retaining MDU) North MDU 103 Escondido Fire — Station 6 (retaining MDU) Responsible Jurisdictions — Fire Mutual Aid Zones NORTH ZONE 3 Vehicles METROPOLITAN ZONE 4 Vehicles CENTRAL ZONE 2 Vehicles Escondido — MDU* Chula Vista — MCA* La Mesa — MCA* Oceanside — MCA* San Diego — MCA and MDU* El Cajon — MDU 101 Carlsbad Coronado - MCA El Cajon Encinitas National City Lemon Grove Solana Beach Poway Santee Vista San Marcos *Del Mar is exempt from rotation *Imperial Bch is exempt from rotation gene es in transition ecently housed vehicle *Will retain current vehicle(s) Proposed Rotation of Available Vehicles: (by city/zone) Type of Vehicle Current Location Proposed New Location 2/1/13 —1/31/15 Proposed New Location 2/1/15 —1/31/17 MDU 101 County Storage — So. County El Cajon Lemon Grove MCA 102 Coronado National City Poway MCA 106 County Storage - No. County Carlsbad Encinitas 8/7/12 �O0,•.�srE#. z . UDC 'P'eoo coo Unified San Diego County Emergency Services Organization Regional Response Vehicle Program All vehicles are available for response anywhere within the San Diego Operational Area. Mass Casualty Trailer & Tow Vehicle 16 Foot Utility Trailer and 2006 Ford F250 (Six) Stationed at and staffed by: • Chula Vista Fire Department • Coronado Fire Department • La Mesa Fire Department • Oceanside Fire Department • San Diego Fire Rescue Department • Temporarily stationed in Kearny Mesa Each vehicle is equipped with: • Lights and sirens • Regional radios • Mass Casualty Management Kit • Triage Supply Kits • Enough medical supplies to treat 50 patients Approximate cost for tow vehicle, trailer and equipment: $87,500 Mass Decontamination Vehicles Freightliner 2007 Model M2106 26' Truck (Two) Stationed at and staffed by: • Escondido Fire department • San Diego Fire Rescue Department Each Vehicle is equipped with: • Lights and sirens • Regional radios • Decontamination Tents • Able to decontaminate up to 150 people per hour Approximate cost $398,275 Metropolitan Medical Strike Team Vehicle Freightliner 2007 Model M2106 22' Truck (One) Temporarily stationed in Kearny Mesa Each Vehicle is equipped with: • Lights and sirens • Regional radios • Decontamination Tents • Able to decontaminate up to 150 people Approximate cost $398,275 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the extension of the existing Regional Communications System (RCS) contract with the County of San Diego until March 31, 2016. This second three year extension to the Agreement will provide participating agencies continued service on the RCS while County staff and the RCS Board of Directors complete planning efforts for the replacement of the RCS system and to develop a new participating agency agreement. PREPARED BY: Assistant Chief Manuel Rodriguez DEPARTMENT: Police PHONE: 4512 APPROVED BY: �-og. 47... EXPLANATION: It The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995, between the County of San Diego and participating cities and jurisdictions, formally implemented the RCS and established the governance, administration, method of funding, and costs of a regional radio system to provide communications services to the public safety and public service agencies operating in San Diego County and Imperial County. The term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. The agreement was extended at the request of the County of San Diego in August 2009 for a period of three (3) years and would terminate March 31, 2013. On August 7, 2012, on the recommendation of the RCS Board of Directors, the County Board of Supervisors approved another three year extension to the RCS Participating Agency Agreement to March 31, 2016. All other terms of the agreement remain unchanged. FINANCIAL STATEMENT: APPROVED: iiv/ d_Ktv -- Finance ACCOUNT NO. APPROVED: MIS 001-411-000-470-0000, 001-411-000-480-0000, 001-422-000-470-0000, 001-422-000-480-0000, 001-412-125-470-0000, 001-412-125-480-0000, 629-403-082-281-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution. The extension will not result in a change in overall costs for the RCS Program or in the participating agencies share in the costs. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: etter from RCS Jriginal Agreement and 1st Amendment RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF NATIONAL CITY, AND OTHER PARTICIPATING AGENCIES REGARDING THE REGIONAL COMMUNICATIONS SYSTEM (RCS), TO EXTEND THE TERM OF THE AGREEMENT THROUGH MARCH 31, 2016 WHEREAS, pursuant to a Memorandum of Agreement (the "RCS Agreement") dated March 7, 1995, the County of San Diego, the City of National City, and other Participating Agencies established the Regional Communications System ("RCS") providing communications services to public safety and public service agencies operating in San Diego and Imperial Counties; and WHEREAS, the original fifteen year term of the RCS Agreement had an expiration date of March 6, 2010; and WHEREAS, on August 9, 2009, the City Council adopted Resolution No. 2009- 189, approving an amendment to the RCS Agreement to extend the term to March 31, 2013; and WHEREAS, the parties to the RCS Agreement desire to enter into a Second Amendment to the Agreement to extend the term for three years to March 31, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Memorandum of Agreement dated March 7, 1995, establishing the Regional Communications System to extend the term of the Agreement through March 31, 2016. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of January, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor RECEIVED OCT 1 120t2 San Diego County — Imperial County Regional Communications System 5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://wvvw.rcs800mhz.org October 5, 2012 Ms. Leslie Deese City Manager - City of National City 1243 National City Blvd. National City, CA 91950 Dear Ms. Deese: Enclosed is a copy of an agreement with the Regional Communication System (RCS) which requires a signature and execution. This agreement, titled "The Regional Communications System (RCS) Participating Agency Agreement" and dated March 7, 1995 is between the County of San Diego and participating cities and jurisdictions. It formally implemented the RCS and established the governance, administration, method of funding, and costs of a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County. The original term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. On May 5, 2009, the County Board of Supervisors approved an amendment to the RCS Participating Agency Agreement to extend the agreement to March 31, 2013. On August 7, 2012, on the recommendation of the RCS Board of Directors, the County Board of Supervisors approved another three year extension to the RCS Participating Agency Agreement to March 31, 2016. All other terms of the agreement remain unchanged. This second three-year extension to the Agreement will provide participating agencies continued service on the RCS while County staff and the RCS Board of Directors complete planning efforts for the replacement of the system and to develop a new participating agency agreement. Please have the attached agreement approved and executed by the proper authority and mail it to: San Diego County Sheriff's Department Attention: Tony Potter, Principal Administrative Analyst Wireless Services Division 5555 Overland Avenue, Suite 5105 San Diego, CA 92123 Board of Directors SAN DIEGO COUNTY - IMPERIAL COUNTY Chief Kevin Crawford, City of Carlsbad Fire Department (Chair)- Assistant Sheriff Mike McNally, San Diego Sheriff Dept (Vice Chair) Chief Lou Scanlon, Coronado Police Dept. - Chief Bill F. Paskle, Alpine Fire Protection District Holly Crawford, OES, County of San Diego - Chip Yarborough, Heartland Communications FA Chief Don Butz, Viejas Fire - Ali Zollaghari, CalTrans Timothy Purvis, Poway Unified School District - Chief Chris Hall, 1VECA Chief James McGinley, IVECA - Jeff Green, IVECA RCS Participating Agency Amendment October 5, 2012 Page 2 I appreciate you taking the time to execute and mail back this agreement. If I can be of further assistance, please let me know. I can be reached at (858) 694-3953 or by e-mail at Susan. wil ly(a,sdsheriff. org. Sincerely, Susan Willy, Manager Enclosure COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TUESDAY, AUGUST 7, 2012 MIIVUTE ORDER NO. 1 SUBJECT: SHERIFF - AMENDMENT TO THE REGIONAL COMMUNICATIONS SYSTEM PARTICIPATING AGENCY AGREEMENT (DISTRICTS: ALL) OVERVIEW: On May 5, 2009 (2), your board approved to extend the Regional Communications System (RCS) Participating Agency Agreement between the County of San Diego and participating cities and jurisdictions from March 7, 2010 to March 31, 2013. This is a request to approve the recommendation of the RCS Board of Directors to extend the term of the RCS Agreement for another three years to March 31, 2016, in order to allow sufficient time to continue planning for a replacement system and to develop a new participating agency agreement. FISCAL IMPACT: Funds for this request are included in the CAO Proposed Operational Plan Fiscal Year 2012-13 for the Sheriffs Department. If approved, this request will extend the term of the Regional Communications System Participating Agency Agreement to March 31, 2016. The estimated annual cost to operate and maintain the Regional Communications System (RCS) is $5,841,714, of which the County pays approximately $1,879,062 and non -County RCS agencies pay $3,962,652. The funding source is the projected network operating charge from the RCS agencies. This extension will not result in a change in overall costs for the RCS program or change the County's or the participating agencies' share in the costs. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF Approve and authorize the Clerk of the Board to execute an amendment extending the term of the Regional Communications System Participating Agency Agreement to March 31, 2016. ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater -Price, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater -Price, Roberts, Horn 08/07/12 1 AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A REGIONAL RADIO SYS 1'hM PROVIDING COMMUNICATION SERVICES TO PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY THIS AMENDMENT to that Memorandum of Agreement dated as of March 7, 1995, providing for the establishment, governance and funding of a regional radio system providing communication services to public safety and public service agencies operating in San Diego County and Imperial County is entered into as of August 7, 2012, between the County of San Diego and the parties listed in Exhibit A as follows: RECITALS Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as of March 7, 1995, the parties established the Regional Communications System ("RCS) and provided for its governance and funding; and Whereas, other jurisdictions have become parties to the RCS Agreement; and Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and will therefore expire March 6, 2010; and Whereas, the term of the RCS Agreement was extended for three years from March 6, 2010 to March 31, 2013; and Whereas, the present parties to the RCS Agreement desire to extend the term of the RCS Agreement for another three more years to terminate March 31, 2016; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 20 of the RCS Agreement is amended by substituting the following language: This Agreement shall terminate March 31, 2016. 2. In all other respects, the RCS Agreement shall remain the same. IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached Exhibit A. Date: Exhibit "A" Amendment to the RCS Participating Agency Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature. COUNTY OF SAN DIEGO Board of Supervisors Approval Set'. 1'- CITY OF CARLSBAD Council Approval By Thomas J. Pastuszka Clerk of the Board of Supervisors Date: By Mayor CITY OF CHULA VISTA Council Approval Date: By Mayor CITY OF CORONADO Council Approval Date: By Mayor CITY OF DEL MAR Council Approval Date: By Mayor Approved swot aulhornsd by the Dowd of • • of to ceunly of $an Wpo. Wring Data : S Minute Ober I% BY: Data T/V41- Supervitats August 7, 2012 Page 1 Exhibit "A" Amendment to the RCS Participating Agency Agreement CITY OF LEMON GROVE Council Approval Date: By Mayor CITY OF NATIONAL CITY Council Approval Date: By CITY OF OCEANSIDE Council Approval Mayor Date: By CITY OF POWAY Council Approval Date: By CITY OF SAN MARCOS Council Approval Date: By Mayor Mayor Mayor August 7, 2012 Page 3 RESOLUTION NO. 2009 -189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED MARCH 7, 1995 BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY AND OTHER PARTICIPATING AGENCIES REGARDING THE REGIONAL COMMUNICATIONS SYSTEM (RCS), TO EXTEND THE TERM OF THE AGREEMENT THROUGH MARCH 31, 2013 WHEREAS, pursuant to a Memorandum of Agreement (the "RCS Agreement") dated March 7, 1995, the County of San Diego, the City of National City, and other Participating Agencies established the Regional Communications System ("RCS") providing communications services to public safety and public service agencies operating in San Diego and Imperial Counties; and WHEREAS, the original fifteen year term of the RCS Agreement will expire on March 6, 2010; and WHEREAS, the parties to the RCS Agreement desire to extend the term of the Agreement to March 31, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Memorandum of Agreement dated March 7, 1995 establishing the Regional Communications System to extend the term of the Agreement through March 31, 2013. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of August, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: b Michael 1,01A /9 E,014:2216e. Della, ity Clerk George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 4, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California N is City erk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-189 of the City of National City, California, passed and adopted by the Council of said City on August 4, 2009. City Clerk of the City of National City, California By. Deputy G1;41' is 001-411-000-470-0000,001-411-000-480-0000,001-422-000-470.0000, \ nn_a?7_nno.4Rn.nrnnpn1_a17-175-47n-noonpn1.419-175.4Ro-noon City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 4, 2009 AGENDA ITEM NO. ITEM TITLE Resolution to extend the existing Regional Communications System (RCS) contract with San Diego County until March 31, 2013. Continued estimated annual cost, $177,030. 2f7 PREPARED BY Lt. D. Espiritu (Ext.4491) DEPARTMENT Police Department EXPLANATION The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995, between the County of San Diego and participating cities and jurisdictions, formally implemented the RCS and established the governance, administration, method of funding, and costs of a regional radio system to provide communications services to the public safety and public service agencies operating in San Diego County and Imperial County. The term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. In order to allow sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system the County of San Diego has formally requested a three year extension to the existing contract. Environmental Review Approved ByCIWIle : inance Director Financial Statement This extension will not result in a change in overall costs for the RCS program or change in the participating agencies' share in the costs. Continued estimated annual cost, $177,030. Account No. 629-403-082-281.0000 r STAFF RECOMMENDATION Staff recommends that the City Council extend the terms of the RCS Agreement to March 31, 2013 in order to allow sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) 1. Original RCS A200 and agreement. 2. Letter from RCS Resolution No. A-200 (9/99) AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY THIS AMENDMENT to that Memorandum of Agreement dated as of March 7, 1995, providing for the.establishment, governance and funding of a regional radio system providing communication services to public safety and public service agencies operating in San Diego County and Imperial County is entered into as of May 5, 2009, between the County of San Diego and the parties listed in Exhibit A as follows: RECITALS Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as of March 7, 1995, the parties established the Regional Communications System ("RCS) and provided for its governance and funding; and Whereas, other jurisdictions have become parties to the RCS Agreement; and Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and will therefore expire March 6, 2010; and Whereas, the present parties to the RCS Agreement desire to extend the term of the RCS Agreement for approximately three more years to terminate March 31, 2013; NOW THEREFORE, THE PAR11hS AGREE AS FOLLOWS: 1. Section 20 of the RCS Agreement is amended by substituting the following language: This Agreement shall terminate March 31, 2013. 2. In all other respects, the RCS Agreement shall remain the same. IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached Exhibit A. San Dicgo County• knperial Lowly Exhibit "A" Amendment to the RCS Participating Agency Agreement • Ita oli CCommuNurtim Sysrem CITY OF LEMON GROVE Council Approval Date: By Mayor CITY OF NATIONAL CITY Council Approval Date: "1" l oq CITY OF OCEANSIDE. Council Approval Date: By Mayor CITY OF POWAY Council Approval Date: By Mayor CITY OF SAN MARCOS Council Approval Date: By Mayor ntl%tivtu am 3' 02009 San Diego County — Imperial County ( Regional Communications System 5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://www.rcs800mhz.org June 19, 2009 Chris Zapata City Manager City of National City 1243 National City Blvd. National City, CA 91950 The Regional Communications System (RCS) Participating Agency Agreement, dated March 7, 1995 between the County of San Diego and participating cities and jurisdictions, formally implemented the RCS and established the governance, administration, method of funding, and costs of a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County. years from M On May 5, 2009, the'•County Board of Supervisors approved an amendment to the RCS Participating Agency Agreement which extends the agreement to :,r�a f .�1 f . ear 2013 marks the official manufacturer's "end of life" of the Motorola Smartzone 3.0 system on which the RCS operates. The three year extension to the Agreement will provide County staff and the RCS Board of Directors sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system. All other terms of the agreement remain unchanged. Please sign and return one of the enclosed amendments (with original signature) and mail to: San Diego County Sheriffs Department Attention: Susan Willy, Manager Wireless Services Division 5555 Overland Avenue, Suite 5105 San Diego, CA 92123 If you have any questions or concerns regarding the amendment, please contact Susan Willy at (858) 694-3953 or by e-mail at susan.willy@sdsheriff org.. Sincerely, SW:Ist Enclosure (3) Board of Directors SAN DIE(( COUNTY— IMPERIAL COUNTY Chief Kevin Crawford, City of Carlsbad Fire Department (Chair) - Commander Mike McNally, San Diego Sheriff Dept (Vice Chair) Chief Tom Zoll,Carlsbad Police Dept - Herman Reddick, OES, County of San Diego Chief Bob Pfohl, Viejas Fire- Ali Zolfaghari, Caltrans Timothy Purvis, Poway Unified School District - Undersheriff Fred Miramontes, ICSO Charles Beard, IVECA - Chief Chris Hall, !VELA - Chief Mark Gillmore, IVECA COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TUESDAY, MAY 5, 2009 MINUTE ORDER NO. 2 SUBJECT: SHERIFF - AMENDMENT TO THE REGIONAL COMMUNICATIONS SYSTEM PARTICIPATING AGENCY AGREEMENT (DISTRICTS: ALL) OVERVIEW: The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995, between the County of San Diego and participating cities and jurisdictions will expire on March 6, 2010. This is a request to approve the recommendation of the RCS Board of Directors to extend the term of the RCS Agreement to March 31, 2013, in order to allow sufficient time to assess future regional public safety communications requirements and develop plans for a replacement system. FISCAL IMPACT: The estimated annual cost to operate and maintain the RCS is $5,600,000 of which the County pays approximately $2,100,000 and non -County RCS agencies pay $3,500,000. This extension will not result in a change in overall costs for the RCS program or change the participating agencies' share in the costs. BUSINESS IMPACT STATEMENT: N/A RECOMMENDATION: SHERIFF Approve and authorize the Clerk of the Board to execute an amendment extending the term of the Regional Communications System Participating Agency Agreement to March 31, 2013, on behalf of the Board of Supervisors. ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater -Price, Roberts, Horn 5/05/09 ` 1 San Diego County — Imperial County Regional Communications System , 5555 Overland Avenue, Bldg. 12, Suite 5105, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://www.res800mhz.org August 23, 2005 Dave Noteware Support Services Manager City of National City Police Department 1200 National City Boulevard National City, CA 91950-4302 Re: Contract between the City of National City and the County of San Diego Dear Dave, Enclosed is your agency copy of the signed National City agreement with RCS for your records. I also included a copy of Minute Order No. 04 when it was approved by County Board of Supervisors on August 2, 2005 and the declining balance/buyout schedule payment commencing on January 31, 2006 up to January 31, 2012. Thank you, yrVLk, D' Y)r--- CHFI R. HINSH Manager, Wireless Services/RCS Division CRH/cop Enclosures Board of Directors SANDIEGO COUNTY- IMPERIAL COUNTY Chief Darrell Jobes, East County Fire Protection District (Chair) - ChiefThomasA. Zell, Carlsbad Police. Department (lice Chair) Herman Reddick, San Diego County (Vice of -Emergency Services - Ondr. Robert Apostolos, San Diego Sheriff's Department Ali Zojfaghari, California Department of7ransportaton--ChiefErwin Willis, Rancho Sania Fe Fire Protection District - Ron Fuller, Heartland Communications Facility Authority- Timothy Purvis, Poway Untfled School District Chief BobPjohl,SanteeAreDepartment,ShenfHaroldCarter,ImperialCountySheriff'sDeparattent rECA-CharlesBeard/IYECA, Chief Carlos Escalante, Calexico Frre DepartmenOVECA-Chief Chris Hall, Calipatria Fire Department San Diego County — Imperial G�o`un`ty �uL p 1 tau Regional Communications System 5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123 Phone (858) 694-3663 Fax (858) 694-3433 http://www.rcs800mhz.org June 29, 2009 Mr. Chris Zapata City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Zapata: RCS PARTICIPATING AGENCY AGREEMENT AMENDMENT — MARCH 31, 2013 Please see attached Amendment/Recital and Exhibit A documents which were inadvertently not included with my letter to you dated June 19, 2009. This is your copy of Exhibit A signed by the County Clerk of the Board. Sincerely, r G Zf Susan Willy, Manager SW:Ist Enclosure (2) Board of Directors SAN D1EGO COUNTY— IMPERIAL COUNTY Chief Kevin Crawford, G7y of Carlsbad Fire Department (Chair) - Commander Mike McNaly, San Diego Sheriff Dept (Vice Chair) Chief Tom Zoll, Carlsbad Police Dept - Herman Reddick, OES, County of San Diego Chief Bob Pfohl, Viejas Fire- Ali Zolfaghari, Caltrans Timothy Purvis, Poway Unified School District - Undersheriff Fred Miramontes, ICSO Charles Beard, IVECA - Chief Chris Hall, IVECA - Chief Mark Gillmore, IVECA RECEIVED JUL 0 12009 AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY THIS AMENDMENT to that Memorandum of Agreement dated as of March 7, 1995, providing for the establishment, governance and funding of a regional radio system providing communication services to public safety and public service agencies operating in San Diego County and Imperial County is entered into as of May 5, 2009, between the County of San Diego and the parties listed in Exhibit A as follows: RECITALS Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement') dated as of March 7, 1995, the parties established the Regional Communications System ("RCS) and provided for its governance and funding; and Whereas, other jurisdictions have become parties to the RCS Agreement; and Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and will therefore expire March 6, 2010; and Whereas, the present parties to the RCS Agreement desire to extend the term of the RCS Agreement for approximately three more years to terminate March 3.1, 2013; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 20 of the RCS Agreement is amended by substituting the following language: This Agreement shall terminate March 31,. 2013. 2. In all other respects, the RCS Agreement shall remain the same. IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached Exhibit A. RECEIVED JUL 01, 2009 San Diego county - imperial County Date: Regional Communications System Exhibit "A" Amendment to the RCS Participating Agency Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature. COUNTY OF SAN DIEGO Board of Supervisors Approval s. s-. 01 CITY OF CARLSBAD Council Approval By .T`t lA 1., J _ Thomas J. Pastuszka Clerk of the Board of Supervisors Date: By Mayor CITY OF CHULA VISTA Council Approval Date: By Mayor CITY OF CORONADO Council Approval Date: By Mayor CITY OF DEL MAR Council Approval Date: By Mayor Approved and/or authorized by the Board ot Supe is eCounty otSan DjggD Date Minute Order r" THOMA J. AS.TIJBZKA 'lerkdth!' Boarrt! ot.Supervlsont ,cputy Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16"', 2004 27 AGENDA ITEM NO. (-ITEM TITLE 800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION AND FIN CIAL DOC �� : AGREEMENTS DAVID TEw' ADOLFO GONZALES '. �"`J PREPARED BY POLI SUPPORT SERVICES DEPARTMENT CHIEF OF POLICE MANAGER NATIONAL CffY POLICE DEPARTMENT EXPLANATION City Council has previously considered the condition of the City's radio system on several previous occasions Most recently at the October 19112004 meeting, City Council considered a proposed financing plan calling for at least some of the estimated $2.4M system cost to be financed through private placements. At that meeting, City Council directed that Staff return with sales and financing documents at a future meeting.. Tonight's recommended action is to grant final approval authority on all necessary aspects of this project and to authorize the City Manager to purchase the system and order delivery. Four separate agreements are necessary to commence this project. Separate resolutions are attached on each agreement and they appear in the following order: Continued on next page. 1 Environmental Review N/A Financial Statement Account No. STAFF RECOMMENDATION If the City Council so wishes, a single motion to adopt all four proposed resolutions by one motion is arrpptable. Such a single motion should recite each of the flour resolutions and its caption phrase. L AA.) RCN 'fi b r stehip Agrd eeeme C.) Motorola Equipment PuRrc °QetAgreement----- B.) RCS Financing Agreement D.) Financing Agreement with Zion First National Bank A.200 (9/80) (Continuation) 800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUMENTS AGREEMENTS A.) Resolution for RCS Membership Agreement — The Regional Communications System (RCS) is a joint powers agency spanning San Diego and Imperial Counties. The Agency provides the backbone on which the physical radios operate. New members "buy -in" to the existing RCS infrastructure via a one-time buy -in fee. This fee is estimated at $887,714.00. B.) Resolution for RCS Financing Agreement —Our Financial Advisor, Ruben Mendoza, has determined that RCS's own financing offer of 5.65% interest over a seven year loan is the most advantageous to the City. This resolution secures that financing. C.) Resolution for Motorola Equipment Purchase Agreement — Motorola's estimated costs to deliver a turn -key system are estimated at $1.5M. This resolution waives the City's bid process based on section 2.60.220 B of the Municipal Code, which authorizes waiver of the bidding process when the commodity can be obtained from only one source, and authorizes the equipment to be ordered. D.) Resolution for Financing Agreement with Zions' First National Bank — The City's Financial Advisor has recommended that the financing for the equipment and services to be purchased from Motorola be competitively placed with Utah -based Zions' First National Bank. The form of the financing will be a 10-year lease at a rate of 4.46%. This resolution secures this final piece of the financing. In the interest of time and the complexity of the various transactions it is recommended that the City Manager be authorized to sign all agreements and other documents that are necessary to implement this project without further City Council action. Proposed resolutions have been prepared with this authority. Current total project costs are estimated at approximately $2.4M, however, it is expected that there may need to be minor deviation on the amount as the final radio and parts orders are completed. In addition, some minor contracts with third -party vendors (phone company, equipment suppliers, etc.) will be necessary and will cause a minor change in the total project cost. In addition a `reserve" is often built into leases to function as a contingency and this amount will be set in the corning weeks. If the City Council so wishes, a single motion to adopt all four proposed resolutions by one motion is acceptable. Such a single motion should recite each ofthe four resolution numbers and its caption phrase as listed above. 800 Aliz103104.doc • 10 CITY COUNCIL MEETING DATE: NOVEMBER 16TH, 2004 800 MHZ CITYWIDE RADIO SYSTEM; FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUMENTS AGREEMENTS STAFF REPORT. In March of this year the Mayor and City Council identified Public Safety as the top policy priority. At that time, problems with current radio system were reviewed and plans to join the Regional Communications System (RCS) were advanced. More than any others, two reasons stand out to immediately move the City from our own private system to the RCS: 1. Hardware components of our 10-year old existing system have begun to fail and the hardware vendor, Motorola, has announced hardware and software support will stop being offered by 2006, at the latest, and; 2. Just as we did strategically with the old financial management software(called the Prime) about 5 years ago — our goal has to be to bring a new system on line before the current one stops functioning. Staffhas been working with County of San Diego to provide access for the City of National City to join the San Diego County Regional Communications System (RC). In anticipation of the this approval, staff has been working with County of San Diego's 800 MHz vendor, Motorola Communications and Electronics, to design a radio system with appropriate equipment components which would work best with County of San Diego system and meet the communications needs of the City of National City Police, Fire, Finance, Public Works, Engineering, Planning, Building, and Parks and Recreation Departments. Another important goal of the project is to establish much -needed "interoperability" between the various local and outside agencies; that is to give personnel from different agencies the ability to communicate effectively with each other during joint operations. This project is designed to increase the overall effectiveness of very limited personnel resources operating within our own city limits and in a very large geographic area of San Diego County, enabling well coordinated cooperative actions aided by clear , effective mobile communications. What happens if the system is not upgraded? The City will not escape paying for the system replacement and purchasing new user equipment. Motorola estimated that in order to continue using our existing system, replacement costs would be approx $4,000,000.00 There are several reasons why that cost is so high. All the existing stationary equipment would have to be replaced due to its age and non -availability of parts and software. Relocation of existing antenna to a higher location to provide for proper coverage would be necessary. System cost total to move to RCS: The total cost of joining RCS and upgrading our existing 800 Mhz system would be approx $2.4 million. The San Diego Regional Communications System cost, is divided into two areas; Buy - In and Infrastructure/user equipment. 1. `Buy -in" is the upfront one time cost to become an RCS member; $887,714.00 for the City of National City. 2. "Infrastructure and User equipment" would provide everything necessary for all City users to connect to the RCS - $1.5M a. Repeaters, Channel Banks, Dispatch Center Console Upgrade, Engineering, Installation, Project Management, System Integration, Staging, Freight and Dismantling of old existing equipment. b. Replacing all older analog mobiles, portables and control stations. c. Ongoing annual network operating cost and hardware maintenance: additional $75,000.00 Initial Cost savings of joining the RCS versus upgrading our current system would be approx $1.6 million ($4,000,000.00 less $2,400,000.00) Implementation: Motorola and RCS estimate that a 6-8 month time line would be required to complete the entire project. Since Fire is dispatched through Heartland Dispatch, an estimated January 1, 2004 connect would be possible provided Motorola and RCS purchase and re -program all the radios expeditiously. Additionally, Police will have full RCS capability upon completion of the console and T-1 data line installation estimated to be around April -May 2004 time frame. Financing: Ruben Mendoza recommended financial options: 1.) How a Private Placement Works: In a private Placement an issuer negotiates directly with an investor to fund a specific project. Cost savings are realized because instead of a full blown bond issue with costs for bond attorneys, insurance, ratings, printing, trustee etc..., an issuer and investor work with documents that have already been diligently reviewed by various attorneys and are generally accepted out in the marketplace. Under a private placement terms and structure of a financing are negotiated to best suit both parties. 2.) Motorola Financing versus Institutional Investor: We contacted various financial institutions who we knew were active purchasers and investors of municipal tax-exempt paper. We standardized the Motorola proposal so investors could quote on similar terms and structure. Motorola indicated that their July numbers were stale since so much time had passed so Motorola was given the opportunity to requite their proposal Below is their final quote compared to the lowest quote received from a financial institution, Zion's First National Bank. 2 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE PARTICIPATING AGENCY AGREEMENT FOR THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modem, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Regional Communications System Participating Agency Agreement. Said agreement is on file on the Office of the City Clerk. APPROVED and ADOPTED this 16th day of November 2004. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • Nick Inzunza, Mayor /2 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A SOLE SOURCE PURCHASE OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA,. INC. WHEREAS, the purchase of equipment, software, services, supplies and hardware (collectively referred to as "the system") is necessary in order for the City to participate in the 800 MHz San Diego County -Imperial County Regional Communications System ("the RCS"); and WHEREAS, during the purchasing process, it was determined that Motorola, Inc. was the only vendor capable of providing the system necessary to participate in the RCS; and WHEREAS, pursuant to Section 2.60.220B of the Municipal Code, the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process and authorizes the Mayor to execute an agreement with Motorola, Inc. for the purchase of an 800 MHz radio system. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO.2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN DIEGO TO PAY FOR THE COSTS OF THE CITY'S PARTNERSHIP IN THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modem, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. WHEREAS, in order to obtain full partnership in the RCS, the City must pay for the costs of participating in the existing RCS infrastructure, estimated to be $887,714; and WHEREAS, it has been recommended by the City's Financial Advisor that the most advantageous, cost-effective way to finance the "buy -in" costs of participating in the RCS is to enter into a contract for the payment of said costs with the County of San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a contract with the County of San Diego to pay for the costs of the City's partnership in the San Diego -Imperial County Regional System. Said contract is on file on the Office of the City Clerk. IS Resolution No. 2004 — November 16, 2004 Page Two APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney l(p RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIXED RATE EQUIPMENT LEASE/PURCHASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK FOR THE ACQUISITION OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC. WHEREAS, the purchase of equipment, software, services, supplies and hardware (collectively referred to as "the system") is necessary in order for the City to participate in the 800 MHz San Diego County -Imperial County Regional Communications System ("the RCS"); and WHEREAS, it has been recommended by the City's Financial Advisor that the most advantageous, cost-effective method to finance the acquisition of the system is to enter into a Fixed -Rate Equipment Lease/Purchase Agreement with Zions First National Bank: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fixed -Rate Equipment Lease/Purchase Agreement with Zions First National Bank for the acquisition of an 800 MHz citywide radio system from Motorola, Inc. Said agreement is on file in the office of the City Clerk. APPROVED and ADOPTED this 161h day of November 2004. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor • 17 Attachment 4 San Diego County imperial County Regional Communications System Agreement Between the County of San Diego and Participating Cities and Jurisdictions Regarding the Implementation, Governance, Method of Funding and Costs of a Regional Radio System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and imperial County. March 7, 1995 San Diego County-Bnperial County San Diego County - imperial County R" REGIONAL COMMUNICATIONS SYSTEM AGREEMENT Table of Contents SECTION SUMMARY PAGE 1. Purpose and Intent of Agreement 2. Regional Communications System (RCS) Overview 3. Agreement Contingencies 4. . RCS Participants 1 1 2 2 5. Additional Participants 2 6. Performance Requirements 3 7. RCS Access Priorities 3 8. RCS Governance 3 9. Roles and Responsibilities 10. RCS Member Board 4 4 11. RCS Board of Directors 5 12. Representation on the RCS Board of Directors 7 13. RCS Board of Directors Terms and Qualifications 8 14. Attendance and Participation by the Public 9 15. RCS Voting Requirements 16. Department of Information Services Support Staff Role 17. Agency Costs and CSA Benefit Charges 18. Point of Demarcation - Responsibility of Equipment 19. Purchase of RCS Compatible Equipment 20. Term of Agreement; Entire Agreement 21. Agreement Modification 22. Termination of Agreement 23. Binding Arbitration 9 9 10 13 13 13 13 14 14 Signatures Authorizing Signatures of Governing Parties 15 - 18 Exhibit "A" Parties to the Agreement Exhibit "B" Estimated Agency One -Time Costs (Voice and Data) Exhibit "C" Example of Estimated Post Agreement Start-up Costs Exhibit "D" RCS Governance Structure Flow Chart San Diego County— Imperial County REGIONAL COMMUNICATIONS SYSTEM Participating Agency Agreement 1. Purpose and Intent of Agreement 1.1. This Memorandum of Agreement dated as of March 7, 1995, between the. parties named in Exhibit "A" and the. County of San .Diego, a political subdivision of the State of. California,. provides for the development and operation of a Regional. Communications System (RCS) benefiting the radio communication needs of public -safety and public service.agencies operating in the counties of San Diego and Imperial. 1.2. Nothing in thisAgreement is intendedto lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. 1.3. In order to provide an alternate source of funding for agencies participating in the RCS, the County of San Diego has formed County Service Area (CSA) 135 pursuant to Government Code (GC) Section 25210.1et. seq. 1.4. For participating agencies deciding to use CSA 135 to fund their system costs, the County Intends to levy parcel charges according to benefit per §25210.77a GC. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 2. Regional Communications System (RCS) Overview 2.1. The RCS will replace the participating public service and public safety agencies' existing radio communication systems throughout San Diego and Imperial counties with a modem, trunked radio system. 2.2. The RCS will include a separate Mobile Data System (MDS) that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose. Participation in the MDS is not mandatory, and the MDS coverage.area will be subject to agency participation. 2.3. The RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. Public safety and public service agencies throughout the counties of San Diego and Imperial will have the opportunity to join the RCS. 2.4. For the purposes of this Agreement, Public Safety and Public Service agencies are defined to include: Participating Agency Agreement San Diego County • la:pufal County Regional Communication. A'stan 2.4.1. Public Safety includes all law enforcement, fire service, EMS and. disaster preparedness agencies in San Diego County and Imperial County. 2.4.2. Public Service includes the State of California Department of Transportation (CALTRANS) District 11 and other participating agencies in the counties of San Diego and imperial whose primary responsibility is providing citizens with services other than law enforcement, fire service and disaster preparedness. 2.5„ . All law enforcement,.:fire service, disaster preparedness and participating • public service agencies in -San Diego County and Imperial County shall have.access.to mutual aid communications capabilities: 2.6.- . Communications withagencies: that have installed their. own 800•MHz radio.:. systems shall be facilitatedvia interfaces to the RCS. - 3. Agreement Contingencies: Thisagreement is void unless -financing for the radio system.infrastructure .is: approved by the San Diego County Board of Supervisors and the necessary financing closes. As to the County of Imperial, this Agreement shall terminate if'a CSA or otherfunding mechanism for communications purposes is not established within two years of the date of this Agreement. 4. RCS Participants 4.1. The RCS shall be designed to support the requirements of San Diego and Imperial county public safety and designated public service participants. 4.2. CALTRANS radio requirements shall be supported throughout District 11, which includes the counties of San Diego and Imperial in their entirety. 4:3. AII participants shall receive equitable representation on the Regional Communications System Member Board (RCS Member Board) as set forth in this Agreement. 4.4. As part of implementing this agreement, participating agencies shall co- license or transfer their currently allocated 800 MHz frequencies to the County of San Diego for use in the RCS. 4.5. No actions by the RCS Board of Directors, by the County of San Diego or by the County of Imperial may be so broad in nature that they negatively affect or impact the operational or legal integrity of its individual member agencies. 5. Additional Participants 5.1. As system capacity permits, the RCS Board of Directors may approve other agencies joining the RCS on a case -by -case basis after the date of this Agreement. 5.2. Priority consideration shall be given to agencies with licensed, public safety/public service 800 MHz frequencies that can be co -licensed or trans - March 7, 1995 Page 2 'Participating Agency Agreement Sanpiego Canny -Imperial Canny Regbtd Communications System ferred to the RCS, if such action can result in enhanced radio communications capabilities for ail participants. 6- Performance Requirements 6.1. The RCS shall be designed to provide a high level of service and responsiveness; with region -wide coverage and capacity for all planned users throughout the term of this Agreement. 6.2. The RCS design objectives for the performance of portable and mobile voice and data radio equipment, and the quality of coverage provided shall be determined by, the RCS Board of Directors and appropriate County of San Diego staff. 6.3. The RCS shall be designed to meet the loading requirements of the anticipated busiest hour for all planned users over the life of the system. 6.4. The actual RCS coverage plan shall be determined by the.RCS Board of Directors., 7. RCS Access Priorities 7.1. In the event that all radio channels in the RCS are busy, users wanting to speak shall be prioritized as follows, regardless of how long they have been waiting. 7.1.1. Priority One — Emergency Identification. An Emergency Identification is defined as the message received when a public safety member calls for immediate assistance by activating an emergency button or switch on the user radio equipment. 7.1.2. Priority Two — Public Safety 7.1.2.1. Public Safety includes the normal daily radio transmissions of law enforcement, fire service, paramedic providers and disaster preparedness personnel using the RCS. 7.1.2.2. Public Safety also includes RCS users whose normal Dower priorities have been temporarily changed to resolve an unusual occurrence or large scale disaster. 7.1.3. Priority Three — Non -Public Safety, Special Event Non -Public Safety, Special Event includes planned events involving public service agency participants that are beyond the scope of their normal daily operations. 7.1.4. Priority Four— Non -Public Safety, Regular. Non -Public Safety, Regular includes the normal daily radio transmissions of public service agencies using the system. 8. RCS Governance March 7, 1995 Page 3 San Diego CourQi-14v:riel Caunty Participating Agency Agreement . Regional Connenunloationo System 8.1. The overall goal in governing the RCS shall be to establish an operational and management structure that will provide authority to participants during the RCS's development and in the subsequent ongoing administration and management throughout the term of this agreement. Exhibit "D" depicts an RCS governance flowchart. 8.2. The RCS Member Board and the RCS Board of Directors are established by this Agreement, the duties and responsibilities of which are set forth in §10and §11. 8:3.. The governance objectives include:• 8.3.1. Provide a structure which retains administration and fiscal responsibility of the system in the control of the participating agencies. 8.3.2. Allow.the use of a CSA funding mechanism. • 8.3.3. Establish an organization which facilitates decision making. 8.3.4. Leverage resources where appropriate. 8.3.5. Develop an organization which will remain flexible and meet the needs of the participants over the term of the agreement. 9. Roles and Responsibilities As required by the California CSA law, the San Diego County Board of Supervisors shall have ultimate legal and fiscal control over the RCS. Subject to such ultimate control, the Board of Supervisors shall delegate the fiscal control and operational administration of the RCS to the RCS Board of Directors. 10. RCS Member Board 10.1. Each of the parties to this Agreement desires to participate in the governance of the RCS as a member of the Regional Communications System Member Board to be formed under the provisions of this Agreement. 10.2. The Regional Communications'System Member Board shall have re- sponsibility for, and shall provide administration of components of the RCS that are common to all participating agencies. 10.3. Each participating agency shall appoint one representative to serve on the RCS Member Board. Representatives to the RCS Member Board shall serve at the pleasure of their respective appointing authority. 10.4. A participating jurisdiction with multiple agencies whose public safety and service radio communication needs are being met by the RCS shall be entitled to one representative on the RCS Member Board for each type of agency. (I. E., a participating city whose police and fire departments use the RCS shall have a RCS Member Board representative from each department.) March 7, 1995 Page 4 Participating Agency Agreement San Diego County • Imperial County Regional Commuelextione System 10.5. The RCS Member Board shall be responsible for recommending operational changes and for participating in other committees, or in other ways deemed appropriate by the RCS Board of Directors. 10.6. The RCS Member Board shall be responsible for approving the annual budget. 11. RCS Board of Directors 11.1. The RCS Board of Directors shall be composed of RCS representatives of each type. of participating public safety/public service agency. 11.2. Members of the RCS Board of Directors shall be determined in the following manner, according-.to.the type of agency. 11.2,1. San Diego County: 11.2.1.1. The delegate from the San Diego Sheriffs Department shall be the Sheriff or the Sheriff's designate. 11.2.1.2. The representative for the County of San Diego shall be the Chief Administrative Officer (CAO) or the CAO's designate, preferably from the Office of Disaster Preparedness. 11.2.1.3. The municipal police representative shall be a police chief or designate from RCS member agencies who shall be selected by the San Diego County Police Chiefs and Sheriff's Association. 11.2.1.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Fire Chiefs Association. 11.2.1.5. The fire district representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Chapter, Fire Districts Association of California. 11.2.1.6. The North County Dispatch Joint Powers Authority (JPA) representative shall be a fire chief or designate from RCS member agencies who shall be selected by the North County Dispatch JPA goveming body. 11.2.1.7. The Heartland Communications Facility JPA (HCFA) representatives shall be designates from RCS member agencies who shall be selected by the HCFA governing body. 11.2.2. Imperial County: 11.2.2.1. The delegate from the Imperial County Sheriff's Office shall be the Sheriff or a designate. March 7, 1995 Page 5 Participating Agency Agreement San Diego County- Imperial Comity regional Communications System 11.2.2.2. The representative for the County of Imperial shall be the CAO or a designate. 11.2.2.3. The municipal police representative shall be .a police chief or designate from RCS member agencies who shall be selected by the Imperial County Police Chiefs Association. 11.2.2.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the Imperial County Fire Chiefs Association. 11.2.2.5. The fire district representative shall be a fire chief or designate from RCS member agencieswho.shall be, selected by the Imperial County Chapter, Fire Districts Association of California. 11.2.3. The representative for CALTRANS shall be -a designate selected by appropriate state authority. 11.2.4. This Agreement provides for the addition of two public service members of the RCS Board of Directors, to be added when public service agencies join the RCS. 11.3. The RCS Board of Directors shall be responsible for the overall administration and direction of the RCS through interaction with the San Diego County Board of Supervisors, the assigned San Diego County staff and the RCS Member Board. 11.4. Specific responsibilities of the RCS Board of Directors shall include: 11.4.1. Formulating the annual budget and submitting it to the RCS Member Board for approval. 11.4.2. Identifying participating agency needs and requirements. 11.4.3. Establishing subcommittees as necessary to ensure the interests and concerns of each user agency are represented and to ensure technical issues are thoroughly researched. 11.4.3.1. The RCS Board of Directors shall establish a committee of MDS user agencies to administer the MDS and to make appropriate recommendations. 11.4.3.2. If all RCS user agencies are MDS participants, administration of the MDS shall revert to the RCS Board of Directors, 11.4.4. Monitoring the implementation of the RCS. 11.4.5. Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups. 11.4.6. Developing and approving RCS operating policies and proce- dures. March 7, 1995 Page 6 Participating Agency Agreement Ban Diego County -Imppial County Ragional Communlvtbne 5y6tettr 11.4.7. Overseeing the establishment of long range plans. 11.4.8. Overseeing scheduled system reviews at intervals determined by the RCS Board of Directors, but not to exceed three years. 11.4.9. Budgeting and approving the disbursement of money from all CSA 135 funds. 11.4.10. Making recommendations to the San Diego County Board of Directors regarding the inclusion of additional RCS participants. 11.4.11. Addressing concerns of participating agencies. 11.4.12. Adopting appropriate actions to adjust RCS policies or procedures. 11.4.13. Adopting by-laws to govern theRCS Board ofDirector's internal operations. 11.4.14. Meeting quarterly or more frequently, if necessary. 11.4.15. Appointing a new Chairperson annually. 11.4.16. Conducting an annual fiscal audit. 11.4.17. Conducting periodic RCS audits. 11.4.18. Discharging other duties as required by statute. 12. Representation on the RCS Board of Directors, 12.1. As of the date of this Agreement, the following types of agencies shall be represented by appointment to the RCS Board of Directors: 12.1.1. San Diego County: 12.1.1.1. Sheriff's Department 12.1.1.2. County Representative (Office of Disaster Preparedness) 12.1.1.3. Municipal Police 12.1.1.4. Municipal Fire 12.1.1.5. Fire Districts 12.1.1.6. North County Dispatch Joint Powers Authority 12.1.1.7. Heartland Communications Facility Joint Powers Authority 12.1.2. imperial County: 12.1.2.1. Sheriffs Department 12.1.2.2. County Representative 12.1.2.3. Municipal Police 12.1.2.4. Municipal Fire March 7, 1995 Page 7 01 San Mega County Inyyrial County Participating Agency Agreement Regional Cmnmunitatiom System 12.1.2.5. Fire Districts 12.1.3. CALTRANS 12.1.4. Public Service agencies shall select two delegates at large. 13. RCS Board of Directors Terms and Qualifications 13.1. Terms for members of the RCS Board of Directors shall be determined by their appointing authority. All members of the Board of Directors serve at the pleasure of their respective appointing authority. 13.2. The appointing authority shall also select an alternate to the RCS Board of Directors. Alternate members are encouraged to attend regular Board of Directors meetings, but shall vote only in the absence of the regular member. 13.3. Only representatives of agencies participating in the RCS may be selected to the RCS Board of Directors. 13.4. The Chairperson and a Vice .Chairperson. of the RCS Board of Directors shall be biannually elected by a majority vote of the Directors. During their term, the Chairperson and Vice Chairperson shall serve at the discretion of a majority of the Directors. 13.5. Attendance at Board of Directors meetings: 13.5.1. Members of the Board of Directors are expected to attend all possible meetings to represent their group interests and to help conduct RCS business. Arrangements should be made for the blternate to attend in the absence of the primary representative. 13.5.2. To remain on the Board of Directors, a director may not exceed more than three absences from regularly scheduled Board of Directors meetings during a County of San Diego fiscal year (July 1 through June 30). 13.5.3. If a director exceeds more than the allowable three absences in a fiscal year, the Board of Directors shall request a replacement from the appointing authority unless, because of extraordinary circumstances, the Board of Directors votes to allow one additional absence. 13.5.4. Alternate directors shall be subject to the same requirements for all meetings they are required to attend. 13.5.5. An absence by both the primary director and the alternate director representing the same appointing authority shall be counted against both parties. 13.5.6. By vote of the Board of Directors, a leave of absence may be granted to a primary of alternate director for no more than 180 days. Only one leave of absence may be granted in any twelve month period. March 7, 1995 Page 8 Participating Agency Agreement ban Diva Cooney- Imperil Lowrey KagloolCammualoattem &imitate, 13.5.7. Resignation from the Board of Directors shall be submitted in writing to the chairperson and to the appointing authority. 14. Attendance and Participation by the Public 14.1. Ralph M. Brown Act All meetings of the RCS Board of Directors and RCS Member Board shall be noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (GC §54950 et. seq.). 14.2. Local, state and federal representatives of public safety or service agencies who are not parties to this Agreement may participate in RCS Board of Directors, Member Board or committee meetings as.members of the public; but shall not have voting rights. 14.3. Representatives from non -participating agencies may, not serve in any official capacity in respect to RCS administration, management or operation. , 15: RCS Voting Requirements 15.1. Members of the RCS Member Board, Board of Directors and committees shall vote on all items on the basisof one vote per member. 15.2. A quorum for the conduct of business exists when a majority of the members are present at Board of Directors, Member Board and other committee meetings. 15.3. Actions on all boards and committees shall be determined by a majority vote of members.. present at a meeting when a quorum exists. 15.4. An agency may not designate another agency to be its proxy. 15.5. In the case of RCS Board of Directors actions, the alternate delegate shall only have a voting right in the absence of the regular delegate. 16. County of San Diego, Department of Information Services (DIS) Support Staff Role 16.1. DIS staff shall serve as'an advisory and staff function to the RCS Member Board and RCS Board of Directors. 16.2. DIS staff shall manage the day-to-day operation of the RCS subject to direction from and review by the RCS Board of Directors . 16.3. DIS staff shall provide support as necessary, but shall not have a voting right on any business before the RCS Member Board, the RCS Board of Directors, or any committees. 16.4. DIS staff shall perform the functions necessary to ensure that specific system performance guarantees are maintained throughout the term of the agreement. 16.5. As the manager and operator of the RCS, the Department of Information Services shaft have the responsibility to: March 7, 1995 Page 9 Participating Agency Agreement Sap Otago County-ImparialCOunty Regional Comma Ications 5yete 16.5.1. Provide appropriate staff support to the RCS Board of Directors as requested, within budgetary restraints. 16.5.2. Seek RCS Board of Directors approval of major policy decisions related to the RCS. 16.5.3. Develop contracts with vendors and submit to RCS Board of Directors for approval. 16.5.4. Implement the regional 800 MHz public safety voice and data radio systems. 16.5.5. Retain employees and agents. 16.5.6. Acquire, hold or dispose of property necessary to operate the RCS. 16.5.7. Charge participating agencies for expenses incurred in ongoing maintenance and operation of the RCS. 16.5.8. Implement policy. 16.5.9. Monitor and maintain RCS performance. 16.5.10. In conjunction with the RCS Board of Directors, develop and recommend the annual RCS budget. 16.5.11. Reassign RCS priorities in extraordinary circumstances and make emergency repairs as required. 16.5.12. Provide information and support as necessary to the RCS Board of Directors. 16.5.13. Provide operating reports and technical information as necessary to assist the RCS Board of Directors. 16.5.14. Establish and maintain accounts and records, including personnel, property, financial, programmatic and other records deemed necessary by the RCS Board of Directors to ensure proper accounting for all ongoing operations and maintenance costs. 16.5.15. Use the records to Justify any adjustment to agency benefit charges. 16.6. The Director of DIS shall provide the RCS Board of Directors timely advance notice of impending personnel changes affecting any management staff assigned RCS responsibilities. 17. Agency Costs and CSA Benefit Charges 17.1. The Department of Information Services shall implement,manage and operate the 800 MHz trunked radio backbone and microwave systems. 17.1.1. Costs for agencies participating at the time the RCS is implemented are reflected in Exhibit "B". MDS participation costs are separate from voice radio system costs. March 7, 1995 Page 10 Participating Agency Agreement San Deno Count. Imperial tawny Ragland Communications System 17.1.2: Costs for agencies joining subsequent to the implementation of the RCS: 17.1.2.1. The County of San Diego shall assume the costs of implementing the voice and data radio backbone systems in areas where agencies have not committed to RCS participation. . 17.1.2.1.1. RCS coverage in those areas shall meet the requirements of the County of San Diego. 17.1.2.1.2. Costs to enhance coverage to satisfy the needs of an agency joining the RCS subsequent.to the original implementation. shall be the joining agency's responsibility. 17.1.2.2. An agency joining the RCS shall be responsible for paying their original one-time costs as represented in Exhibit aB", plus financing costs that have incurred since the date of this Agreement. The RCS Board of Directors shall reimburse appropriate financing expenses to the County of San Diego in relation to §17.1.2.3. (DOME: If Santee decides to join the RCS after five years of the 15 year agreement have passed, their costs will include: (1) their estimated one-time costs as shown in Exhibit "B" and, (2) associated financing costs for the first five years, as shown in Exhibit `C'. The RCS Board of Directors shall then reimburse the County of San Diego for principal and financing expenses that resulted because of Santee's absence during the initial five yews.) 17.1.2.3. An agency or jurisdiction that wants to join the RCS must pay a proportional cost of the overall voice radio backbone and microwave development investment. If the agency or jurisdiction decides to use CSA 135 for funding, it must file an application with the San Diego County Local Area Formation Commission (LAFCO) to join CSA 135. Each agency is responsible for its own costs associated with the LAFCO process. 17.1.2.4. Ail funds received from agencies joining the RCS shall be deposited in the CSA 135 account for appropriate distribution by the RCS Board of Directors. 17.2. The agency may use a funding method other than CSA 135 to pay for its RCS origination and operating expenses. March 7, 1995 Page 11 Participating Agency Agreement San Dingo Country- Imperial County Ragleml Communication 5yetam 17.3. Ongoing operations and maintenance costs shall be shared equally by the participating agencies and shall be based on the established formula. (See Exhibit "Be) 17.4. Monthly Operating Fees 17.4.1. The costs of ongoing operations and maintenance of the trunked voice radio system, mobile data radio system and microwave system shall be allocated to the participating agencies on a per radio basis. 17.4.1.1. The cost per radio shall be limited to those radios used on the RCS during normal operations. 17.4.1.2. Radios temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing RCS costs unless the radios are retained for normal operations following resolution of the disaster or emergency. • 17.4.1.3. The costs of ongoing operations and maintenance on the voice system and the mobile data system shall be determined separately, since not all agencies will decide to use both systems. Therefore, the monthly operating fees for radios on each system may be different.. 17.4.2. After resolving which agencies are participating and determining the actual number of radios to be included in each system (voice and data), the cost per agency shall be finalized. 17.4.3. The • final cost shall be in effect for a period of one year and shall be adjusted annually to reflect actual costs. 17.5. Reserve Funds in CSA 135 Account 17.5.1. One of the responsibilities of the RCS Board of Directors is to budget the disbursement of money from the CSA 135 account. 17.5.2. All funds received by the County of San Diego from all RCS participating agencies, for the purpose of funding the RCS shall be deposited into the CSA 135 account. 17.5.3. Reserve funds, including interest, shall be maintained in the CSA 135 account for the purposes of contingencies and for RCS upgrades and enhancements. • 17.5.4. CSA 135 reserve funds can only be used for Regional Communications System purposes and on approval of the. RCS Board of Directors by majority vote. 17.5.5. The RCS Board of Directors shall review CSA 135 fund levels annually and take appropriate action. 17.6. CSA 135 Zone Option and Costs March 7, 1995 Page 12 Participating Agency Agreement San Diego County. hnperlal County . ,Regional Cominunnmtans System 17.6.1. Each participating agency shall have the ability to customize their own CSA 135 requirements for other RCS components, including user equipment, communications center equipment and operating costs, by developing a CSA zone. 17.6.2. Each agency establishing a zone shall have the responsibility to develop an annual zone budget and zone benefit fee schedule. 17.6.3. The CSA funds generated within thezone may only be utilized to • meet the requirements of that zone. 17.7. Unless -otherwise agreed;. maintenance of agency owned RCS equipment shall be provided by Department of information Services staff assigned to the RCS: All associated maintenance costs shall be included as a part of the agency monthly operating fees. 17.8. Maintenance and other costs associated with the provision of primary commercial and back up 110/240 volt A. C. electrical power shall be the responsibility of the agency. 17.9. Unless otherwise determined by separate agreement, each participating agency shall be responsible for the costs associated with connecting to the RCS backbone from the point of demarcation to the agency radio system equipment. 18. Point of Demarcation for Responsibility of Equipment 18.1. Unless otherwise determined by separate agreement, the demarcation point between RCS responsibility and agency responsibility is the microwave radio channel bank equipment termination blocks that are used to interconnect the agency radio consoles and other electronic devices used for voice and data communications to the channel banks. 18.2. Each participating agency shall be responsible for all costs associated 'with their mobile data system application. development, user equipment and integration from the point of demarcation. 19. Purchase of RCS Compatible Equipment 19.1'. Each participating agency agrees to meet County of San Diego specifications, including brands and models when appropriate, for associated equipment used to interconnect to the RCS. 19.2. Participating agencies agree to submitspecifications of radio system related equipment orders to County RCS staff to ensure compatibility before purchase. 19.3. Associated equipment may be purchased through the -County of San Diego to insure compatibility and favored pricing. 20. Term of Agreement The term of agreement is for fifteen years from the date of this Agreement. 21. Agreement Modification; Entire Agreement March 7, 1995 Page 13 San Dingo County -Imperial Cooney Participating Agency Agreement Rogtenal Conumunlatlonn Syster 21.1. This Agreement may only be amended in writing with the approval of the governing bodies of all parties to this Agreement. Prior to processing an amendment, a recommendation shall be requested from the RCS Board of Directors. 21.2. This Agreement constitutes the entire agreement of the parties and any previous oral or written agreements are superseded by this Agreement. Subsequent agreements may be entered into with CALTRANS and the County of Imperial concerning RCS matters. 22.. Termination of Agreement 22.1. In order to terminate participation prior to the end of the fifteen year term, the withdrawing agency must provide no less than a one year written notice. • of intent to terminate participation. 22.2. Termination shall be granted provided that.the•withdrawing party: 22.2.1. Retums to the RCS all equipment for value that the RCS Board of Directors determines is required.to'maintain:the RCS -for all. remaining users; and, 22.2.2. 1f the termination compromises the legality of the CSA benefit charges in thejurisdiction of the withdrawing agency, such agency shall be responsible for the remaining debt payments which would have aggregated from the CSA. 22.2.3. 1f an agency that. brought frequencies to the RCS opts to terminate, the RCS Board of Directors shall negotiate a settlement that either returns the same or equivalent operable frequencies, or provides equitable compensation if frequencies are left with the RCS. 23. Arbitration 23.1. If settlement on an issue cannot be reached between the grieving or terminating agency and the RCS Board of Directors, binding arbitration shall be employed to reach a settlement. 23.2. The arbitrator shall be selected by mutual agreement of the RCS Board of Directors and the terminating agency. 23.3. It shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the settlement which shall be binding in nature, except as to issues of law. 23.4. Each party to a hearing before an arbitrator shall bear his own expenses in connection therewith. 23.5. All fees and expenses of the arbitrator shall be borne one-half by remaining members of the RCS and one-half by the grieving or withdrawing agency. March 7, 1995 Page 14 33 Participating Agency Agreement IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO Board of Supervisors Approval Date: MAR 7 1995 By CITY OF CARLSBAD Council Approval Date: MARCH 22, 1995 CITY OF DEL MAR Council pprovai Date- _3— CITY OF ENCINITAS By By Council Approval Date: MARCH 22. 1995. By CITY OF IMPERIAL BEACH ri San Diego County -Imperial County Regional Communications 8yetem f) Mayor Council Approval Date• By CITY OF LEMON GROVE Council Approval Date: By CITY OF POWAY Council Approval Date: cy = 1 - CITY OF SAN MARCOS Council Approval Date. �1.9f„,, CITY OF SOLANA BEACH Council,qpprovai Date: "t-'r7 Mayor Mayor Mayor 3 1. March 7, 1995 Page 15 San Diicpo county- unp'erW Camay Re6W W communications knitem Participating. Agency Agreement CITY OF VISTA Council Approval Date: LI-11-615 NORTH COUNTY DISPATCH JPA Board of Directors Approval Date. 1- 15 j C HEARTLAND COMMUNICATIONS FACILITY JPA By, `-///-;),7 Board of 7t7 Approval Date: s " By/ IMPERIAL VALLEY EMERGENCY COMMUNICATIONS JP GEXINTY or MATERIAL Directors Board of Supef4seiproval Date: /11-x- 6 ' By STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION State of California Approval Date: By ALPINE FIRE PROTECTION DISTRICT Governing Authority Approval Date: 63 - l y- qs BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT By Governing Authority Approval Date: . - �S By March 7, 1995 Page 16 Participating Agency Agreement BORREGO SPRINGS FIRE PROTECTION DISTRICT Governing Authority pproval Date: —/ ?— 7S By DEER SPRINGS FIRE PROTECTION DISTRICT Governing Authority Approval Date: By EAST COUNTY FIRE PROTECTION DISTRICT Governing Authority Approval Date: ..7 /9'F JULIAN-CUYAMACA FIRE PROTECTION DISTRICT Governing ""Authority Approval Date: J 7, ,7Qcv LAKESIDE FIRE PROTECTION DISTRICT By By_4 Governing Authority Approval Date: /---.7( / 3, / ff(c By LOWER SWEETWATER FIRE PROTECTION DISTRICT San Diego County - r penial County Rsgionai Cwnmuniatlona 5yetem ,-L 12y sE. Governing Authority Approval Date' By PINE VALLEY FIRE PROTECTION DISTRICT Governing Authority Approval Date: RANCHO SANTA FE FIRE PROTECTION DISTRICT Governing Authority Approval By Date: By March 7, 1995 Page 17 3ta Samgego County- Pmpsrial Comity Participating Agency Agreement RURAL FIRE PROTECTION DISTRICT Goveming Authority Approval Date: 2._i3.CIL SAN MIGUEL CONSOLIDATED FIRE PROTECTION DISTRICT Governing A thori Approval Date: /13/ /15- VALLEY CENTER FIRE PROTECTION DISTRICT Governing Authority Approval Date. 5-29-e9/ VISTA FIRE PROTECTION DISTRICT Governing Authority Approval Date: 2 — f CITY OF SANTEE Council Approval Date: APPROVED AS TO FORM AND LEGALITY COUNTY COUNSEL BY cJci Deputy Counsel Regional Communiatione Syatan By By Apprcvec and/or authorized by the Board of Supervisor -of the County of San Diego Date: 71 `! __ Minute Order No. _19 _ T HOMAS PA2T!.': ZKA C'Frk 0 he Snarr'rf Suf tp„, sore ri y (-ex—) Deoi..ry Cleric March 7, 1995 Paae 18 San Diego County- Iniparlai County. Ragbaal ConinuinicatAonstotem Participating Agency Agreement 1N WITNESS WHEREOF, the parties hereto do affix their signatures. CITY OF EL CAJON Council Approval Date: September 15, 1998 By Mayor Joan Shoemaker March 7, 1995 Page 19 3g San Diego County -imperial County Participating Agency Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature. CITY OF CORONADO Council Approval Date: December 7, 1999 Regional ConunanleatlaneSyeteen By Title: Mayor, City of Coronado March 7, 1995 Page 20 Resolution No. OD".5 7 EXHIBIT ' .3 Page go of San Diego County -Imperial County Regional Canmunicatione System Participating Agency. Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature. CITY OF ESCONDIDO Council Approval Date: 4/5/a DO° Lori Holt Kegler Title: Mayor, City of Escondido March 7, 1995 Page 21 Participating Agency Agreement SanOIega Canny- Imperial Courny aglonal Communlntlons System IN WITNESS WHEREOF, the party hereto does affix his/her signature. CITY OF LA MESA Council: Approval Date:a•8d By Art Madrid Title: Mayor, City of La Mesa March 7, 1995 Page 22 San Diego Cbunty- anymal County ifgionil Co nU uniartion6&Atom Participating Agency Agreement IN WITNESS WHEREOF, the party hereto does affix his/her signature: CITY OF CHULA VISTA Council Approval Date: By SH! LEY HORTON Title: Mayor, City of CHULA VISTA March 7, 1995 Page 23 RESOLUTION NO. 2004 — 216 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE PARTICIPATING AGENCY AGREEMENT FOR THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modern, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Regional Communications System Participating Agency Agreement. Said agreement is on file on the Office of the City Clerk. APPROVED and ADOPTED this 16th day of November 2004. ATTEST: gA Mic ael R. Dall , City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney /gin .wi1��T, Nic TT' �1� CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO This contract is between the City of National City (City) and the County of San Diego (County) for use of the 800 MHz Regional Communications System (RCS). The City agrees to pay $887,714 to the County for full partnership in the RCS. The City will make a $500,000 lump -sum payment to the County on or before January 31, 2006. The remaining $387,714 will be fully amortized over seven years at an annual interest rate of 5.65%, to yield an annual payment of $68,592. Commencing on January 31, 2006, and on the 31st of January of each subsequent year up to including January 31, 2012, the City shall pay $68,592 to the County. Notwithstanding the foregoing, the City shall be permitted to pay to the County the remaining un-amortized principal balance attributable to the initial $387,714 without penalty at any time prior to January 31, 2012. The City also agrees to participate in the RCS in accordance with the terms and conditions set forth in the RCS Memorandum of Agreement (Attachment A), with the exception of Section 17.1.2.2. Regarding the exception, City is not responsible for interest charges related to past financing costs specified in Section 17.1.2.2 of the RCS Agreement. APPROVAL: APPROVAL: County of San Diego City of National City e J.1�, .�... Thomas J. Pastuszka Nick4nzunza Clerk of the Board of Supervisors Mayor, City of National City Date: $- €- 0.6 APPROVED AND/OR AUTHORIZED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DpO DATE 91'g•o6 MINUTE ORDER NO' `r THOMAS J. PASTUSZKA CLERK OF THE BOARD 9F SUPERVISORS BY DEPUTY CL Date: O'7/vt 0>e— CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. ja ITEM TITLE: Resolution of the City Council of National City authorizing the City of National City to enter into an agreement with the State of California and designating the City Manager to sign the agreement and any amendments thereto, for the "A" Avenue Green Street and Pedestrian Pathway Project. (Funded by Proposition 84 Storm Water Grant and various CIP) PREPARED BY: Stephen Manganiello PHONE: 4382 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. $2,500,000 - Prop 84 Grant $800,000 - various CIP ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering APPROVED BY: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution Explanation In June 2012, Council authorized Staff to file a Proposition 84 Storm Water Grant Program (SWGP) application for the "A" Avenue Green Street and Pedestrian Pathway Project. The grant request was for $2,500,000 with a local match of $800,000 resulting in a total project cost of $3,300,000. The local match will be funded through the City's Capital Improvement Program (CIP). Staff project management/administration will be funded in -kind. The primary objectives of the project are as follows: 1) Create a "Green Street" that implements Low -Impact Development (LID) infiltration measures to improve water quality of urban runoff entering the storm drain system which discharges downstream into Paradise Creek at Kimball Park. 2) Create a safe, environmentally friendly walking path along "A" Avenue to connect Historic Brick Row, Morgan Square and the 8th Street Revitalization District to City Hall, National City Public Library and Kimball Park. 3) Provide educational opportunities through implementation of interpretative signage and creek-themed art. The project supports the following General Plan goals and policies: 1) Goal C-8: "A universally accessible, safe, and convenient pedestrian system that encourages walking". 2) Policy C-8.3: "Identify and implement necessary pedestrian improvements with special emphasis on providing safe access to schools, parks, community and recreation centers..." 3) Policy C-8.8: "Provide a continuous pedestrian network within and between neighborhoods to facilitate pedestrian travel free from major impediments and obstacles". In October 2012, staff was notified that the "A" Avenue Green Street and Pedestrian Pathway Project had been approved for funding through the Proposition 84 Storm Water Grant Program. One of the requirements for project authorization is submittal of a City Council Resolution authorizing the City Manager to execute a grant agreement between the City of National City and the State of California. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA AND DESIGNATING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY AMENDMENTS THERETO, FOR THE "A" AVENUE GREEN STREET AND PEDESTRIAN PATHWAY PROJECT WHEREAS, on June 19, 2012, the City Council authorized the filing of a Proposition 84 Storm Water Grant Program application for the "A" Avenue Green Street and Pedestrian Pathway Project in the amount of $2,500,000, and; WHEREAS, on June 19, 2012, the City Council committed to a local match of $800,000 funded through the City's Capital Improvement Program; and WHEREAS, on October 3, 2012, the State of California approved $2,500,000 in Proposition 84 Storm Water Grant Program funds for the "A" Avenue Green Street and Pedestrian Pathway Project. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City of National City to enter into a Grant Agreement with the State of California for the "A" Avenue Green Street and Pedestrian Pathway Project; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the Grant Agreement, and any amendments thereto. PASSED AND ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. t 3 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the filing of an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $1,300,000 for the Highland Avenue Smart Growth Corridor Project; and if awarded the grant, committing to $900,000 in matching funds, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project PREPARED BY: Stephen Manganiello PHONE: 4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: AO) FINANCIAL STATEMENT: ACCOUNT NO. SGIP Grant (proposed) - $1,300,000 HSIP Grant (local match) - $900,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: ` Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution Explanation Staff is requesting authorization to file an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $1,300,000 for the Highland Avenue Smart Growth Corridor Project. Matching funds in the amount of $900,000 are available through a previous Highway Safety Improvement Program grant. Improvements will be provided along Highland Avenue between Division Street and E. 8th Street, consistent with the National City General Plan, which identifies this segment of Highland Avenue as a "Community Corridor". The project will provide similar enhancements as proposed for the Downtown portions of 8th Street to enhance safety and encourage Smart Growth Redevelopment. Improvements include: reduce travel lanes from four to two with left -turn pockets at intersections; increase parking for local businesses through conversion of parallel parking to angle parking on the east side of the street; install corner bulbouts and handicap accessible curb ramps at intersections; install enhanced crosswalks and pedestrian refuges; install landscaping in center islands and in areas where the curb is being extended; install ornamental street lighting, decorative benches and bike racks along the corridor; provide a "gateway" at Division Street through public art; enhance existing bus stops with new benches, shelters, trash/recycling receptacles, and electronic signs indicating the arrival time of the next bus. Council Resolution is required to file the grant application, and if awarded the grant, committing to $900,000 in matching funds, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE HIGHLAND AVENUE SMART GROWTH CORRIDOR PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WHEREAS, $9.6 million of TransNet funding for capital and planning smart growth incentive program projects is available to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, the City of National City desires to receive $1,300,000 in Smart Growth Incentive Grant funds for the Highland Avenue Smart Growth Corridor; and WHEREAS, the City of National City understands that the Smart Growth Incentive 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 City; and WHEREAS, the City of National City agrees to complete the proposed grant project within a timely matter and in compliance with Board Policy No.035. NOW, THEREFORE, BE IT RESOLVED that the City Council that the City of National City hereby authorizes the submittal of an application for SANDAG Smart Growth Incentive Grant Program funding in the amount of $1,300,000 for the Highland Avenue Smart Growth Corridor Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Highland Avenue Smart Growth Corridor Project, the City Council commits to providing $900,000 in matching funds and/or in -kind contributions. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to accept the grant funds, execute the Grant Agreement with SANDAG with no exceptions, and complete the Highland Avenue Smart Growth Corridor Project. PASSED and ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney R/W R/W East 8.0' 1 12.0' 1 12.0' Parallel ' Westbound ' Westbound Parking Travel Lane Travel Lane f. East C/L 80.0' Existing C/L 11.0' 1 16.0' Westbound Left Tum Lane Travel Lane or Landscaped Median 80.0' Proposed West 12.0' 1 8.0' Eastbound ' Parallel Travel Lane Parking West 11.0' Eastbound Travel Lane 8.0' Parallel Parking R/W RAN Typical Sections Division Street to 8th Street Existing Conditions (Looking South) Existing Conditions (Looking South) Hi4k14114144, Smart &rows • Gorri4o r FOR INFORMATION ONLY — DO NOT FILL OUT TRANSNETSMART GROWTH INCENTIVE GRANT PROGRAM FISCAL YEAR 2011 — 2012 - 2013 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 'A cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. C. The SGIP is commonly referred to, herein, as the "Smart Growth Incentive" grant program (SGIP). 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 TransNet funds [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 SGIP Funding/ TransNet Funds for use on capital improvement and planning projects meeting certain criteria. E. Both SGIP Funding and TransNet funds were eligible funding sources for the SGIP. F. Grantee successfully applied for SGIP 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. 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 the TransNet MPO ID required to complete Recital H, below. Thank you. H. Grantee's Project is funded with [insert dollar values for Extension Ordinance funding, e.g. $268,000) in Extension Ordinance funds]. 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. 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. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Growth Incentive Program (SGIP). F. Grantee. The local jurisdiction that is the recipient of SGIP 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. 2 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 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 SGIP 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. 3 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. 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 SGIP 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 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is 4 -s- still consistent with the overall objectives of the SGIP 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 SGIP 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 SGIP 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. 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. 5 -6- 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. 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 SGIP Funding. The Grantee agrees that its code of 6 -7- 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 SGIP 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 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. 7 _A_ 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 SGIP 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 SGIP 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 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 SGIP 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 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 SGIP Funding 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. C. Eligible Costs. The Grantee agrees that Project costs eligible for SGIP 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: 8 -9- 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 SGIP Funding as part of the SGIP 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. 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. TransNet Project Eligibility 9 TransNet SGIP Funds may be expended for capital projects such as pedestrian improvements, bicycle and transit facilities, and other innovative smart growth supporting infrastructure, as well as planning projects such as updates to land use plans to qualify for "potential" smart growth opportunity area as "existing/planned," and other planning activities that facilitate smart growth. E. Excluded Costs 1. In determining the amount of SGIP Funding SANDAG will provide for the Project, SANDAG will exclude: 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. 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 SGIP 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; 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. F. 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. G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 10 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 provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. 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. 11 11_ 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. 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 smart growth data. 12 _/1 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 the TransNef Extension Ordinance for TransNet funds. This Project's 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. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final SGIP 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. 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 SGIP 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 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 SGIP Funding to be provided for the Project if the Grantee has violated the terms of the 13 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 SGIP Funding for the Project. D. In general, termination of SGIP 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 SLIP 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 SGIP 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. 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 SGIP 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 SGIP 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 SGIP 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 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. 14 1G 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. 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. 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 15 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 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. 16 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: Heather Cooper 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. 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. 17 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] 18 _10_ 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) TransNet MPO ID NO. 19 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 following execution 20 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. 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. 21 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 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 22 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 23 'f A 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 SGIP. 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. 24 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS SMART GROWTH INCENTIVE GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period Due Date 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 Acid 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 25 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 xj 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: ❑ 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. 26 Invoice Part 1 of 2 To From: Heather Cooper SANDAL 401 B Street, Suite 800 San Diego, CA 92101-4231 Name Smart Growth Incentive Program Invoice Template Project Name: Contract Number: Grant Invoice Number: R Billing Period' FROM Invoice Date'. DATE Grant Award: Balance Remaining $0.00 To TASK Previous Balance Current MMIDDM'VV to MM ODIYYVY Total Expenses SANDAG Total Match Spent Balance .. 3 Reimbursed :, x: Mw r - r. ' '3 ,', `:ToW .=, ySlaryCoats Conaullantor Cantle, Costs-''' - : �' ismerGoats -. This -invoice Thb Moeiee - This lnvoice? "> ^Remaining.. 1 Insert Task 1 Description $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 80.00 $0.00 SO 00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $0.00 $0.00 50,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 50.00 $0.00 $0.00 6 $0.00 $0.00 7 $0.00 $0.00 $0.00 8 $0,00 $0.00 $0.00 9 $0.00 $0.00 $0.00 10 SD00 $0.00 $0.00 $0.00 11 $0.00 $0.00 $0.00 12 $0.00 $0.00 13 $0.00 $0,00 $0.00 14 $0.00 $0.00 $0,00 $0.00 15 $0.00 $0 00 $0.00 16 $0.00 $0.00 17 $0.00 $0.00 $0.00 16 $0.00 $0.00 $0.00 $0.00 19 $0.00 $0.00 $0.00 20 $0.00 $0.00 $0.00 21 $0.0D $0.00 $0.00 22 $0.00 $0.00 $0,00 23 $0.00 $0.00 $0.00 24 $0.00 $0.00 E0.00 25 $0 S0.00 $0 00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Total Amount Due Less 10% Match Expenditures: this invoice Retention: % Met to Date: $0.00 $0.00 $0.00 0% Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget . SANDAG .:Grant Match' .:.... 'Total ,. 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 $0.00 $0.00 Task 6 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 60.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 30.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 Required Match % 0.00% CERTIFICATION OF GRANTEE I hereby certify That the above coats are eligible costs Incurred in performance of the work required under the grant and are consistent with the amounts evidenced by the attached supporting documentation and expenditures. Signature Printed Name and Title Date CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. I ITEM TITLE: Resolution of the City Council of the City of National City authorizing the filing of an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $2,000,000 for the National City Downtown-Westside Community Connections Project; and if awarded the grant, committing to $2,200,000 in matching funds, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project PREPARED BY: Stephen Manganiello DEPARTMENT: PHONE: 4382 APPROVED BY: EXPLANATION: See attached Engineering FINANCIAL STATEMENT: APPROVED: W ACCOUNT NO. APPROVED: SGIP Grant (proposed) - $2,000,000; Prop 84 Grant (local match) - $2,000,000 SRTS Grant (local match) - $200,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution Explanation Staff is requesting authorization to file an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $2,000,000 for the National City Downtown-Westside Community Connections Project. Matching funds in the amount of $2,200,000 are available through a previous Proposition 84 Storm Water Grant for "A" Avenue and Safe Routes to School Grant for Coolidge Avenue. The Project includes improvements along the following corridors to provide key pedestrian connections between Downtown National City and the Westside (Old Town) Community: • Coolidge Avenue between Plaza Boulevard and 14th Street • "A" Avenue between Plaza Boulevard and 14th Street • Plaza Boulevard between Coolidge Avenue and "A" Avenue • 14th Street between Coolidge Avenue and "A" Avenue The goal of the project is to stimulate Smart Growth redevelopment by creating a contiguous complete street system that connects Downtown National City with the Westside Community, consistent with the National City General Plan, Westside Specific Area Plan and National City Bicycle Master Plan. The project will provide the following enhancements: install corner bulbouts and handicap accessible curb ramps at intersections; install enhanced crosswalks and pedestrian refuges; install landscaping in center islands and in areas where the curb is being extended; install ornamental street lighting, decorative benches and bike racks along the corridor; provide a "gateway" at Division Street through public art; enhance existing bus stops with new benches, shelters, trash/recycling receptacles, and electronic signs indicating the arrival time of the next bus. Council Resolution is required to file the grant application, and if awarded the grant, committing to $2,200,000 in matching funds, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE NATIONAL CITY DOWNTOWN-WESTSIDE COMMUNITY CONNECTIONS PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WHEREAS, $9.6 million of TransNet funding for capital and planning smart growth incentive program projects is available to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, the City of National City desires to receive $2,000,000 in Smart Growth Incentive Grant funds for the National City Downtown-Westside Community Connections; and WHEREAS, the City of National City understands that the Smart Growth Incentive 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 City; and WHEREAS, the City of National City agrees to complete the proposed grant project within a timely matter and in compliance with Board Policy No.035. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of an application to SANDAG Smart Growth Incentive Grant Program for funding in the amount of $2,000,000 for the National City Downtown-Westside Community Connections Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the National City Downtown-Westside Community Connections Project, the City Council commits to providing $2,000,000 of matching funds and/or in -kind contributions. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to accept the grant funds, execute the Grant Agreement with SANDAG with no exceptions, and complete the National City Downtown-Westside Community Connections Project. PASSED and ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney PROJECT SUMMARY / DETAIL DESCRIPTION Plaza Boulevard Smart Growth Connector Figure 1-1: Project Area n�gwkd�P'ardng ! Pragosetl 9l[sde Ratl[ MI LaMbopingarW-4 NoPaiMPaStap Parallel Wong g 1 FOR INFORMATION ONLY — DO NOT FILL OUT TRANSNET SMART GROWTH INCENTIVE GRANT PROGRAM FISCAL YEAR 2011 — 2012 - 2013 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 Govemments (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 Yz cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. C. The SGIP is commonly referred to, herein, as the "Smart Growth Incentive" grant program (SGIP). 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 TransNet funds [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 SGIP Funding/ TransNet Funds for use on capital improvement and planning projects meeting certain criteria. E. Both SGIP Funding and TransNet funds were eligible funding sources for the SLIP. F. Grantee successfully applied for SGIP 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. 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 the TransNet MPO ID required to complete Recital H, below. Thank you: H. Grantee's Project is funded with [insert dollar values for Extension Ordinance funding, e.g. $268,000) in Extension Ordinance funds]. 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. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Growth Incentive Program (SGIP). F. Grantee. The local jurisdiction that is the recipient of SGIP 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. 2 _a_ 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. 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 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. 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 SGIP 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. 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. 3 A_ 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. 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 SGIP 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 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is 4 still consistent with the overall objectives of the SGIP 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 SGIP 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. Notice Regarding Prevailing Wages SANDAG's SGIP 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. 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. 5 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. 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 SGIP Funding. The Grantee agrees that its code of 6 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. 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 SGIP 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 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. 7 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 SGIP 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 SGIP 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 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 SGIP 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 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 SGIP Funding 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. C. Eligible Costs. The Grantee agrees that Project costs eligible for SGIP 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: 8 -Q- 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 SGIP Funding as part of the SGIP 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. 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. TransNet Project Eligibility 9 in: TransNet SGIP Funds may be expended for capital projects such as pedestrian improvements, bicycle and transit facilities, and other innovative smart growth supporting infrastructure, as well as planning projects such as updates to land use plans to qualify for "potential" smart growth opportunity area as "existing/planned," and other planning activities that facilitate smart growth. E. Excluded Costs 1. In determining the amount of SLIP Funding SANDAG will provide for the Project, SANDAG will exclude: 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. 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 SGIP 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; 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. F. 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. G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 10 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 provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. 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. 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. 6. 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 smart growth data. 12 Section 8. Project Completion, Audit, Settlement, and Closeout 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 the TransNet Extension Ordinance for TransNet funds. This Project's 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 SGIP 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 SGIP 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 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 SGIP Funding to be provided for the Project if the Grantee has violated the terms of the 13 _t A_ 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 SGIP Funding for the Project. In general, termination of SGIP 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 SGIP 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 SGIP 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 SGIP 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 SGIP 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 SGIP 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 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. 14 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. 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 15 14 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 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. 16 _1'f_ 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: Heather Cooper 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. 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. 17 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 18 [Full Name] [Title] -19- 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) TransNet MPO ID NO. 19 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 following execution 20 -71- 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. 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. 21 _„_ 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 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 22 -21- 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 23 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 SGIP. 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. 24 -15- Project Title: Project Manager Name: Agency: Address: Telephone: Contract #: Invoice Date: Invoice #: ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS SMART GROWTH INCENTIVE GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period Due Date Invoice Period: (from) (to) Task 1 (Fill in each task from Scope of Workl 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 25 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: ❑ 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. 26 -11- Invoice Part 1 of 2 To: From: Heather Cooper SANDAG 401 B 5lreet. Suite 800 San Diego, CA 92101-4231 Name Smart Growth Incentive Program Invoice Template Protect Name: Contract Number: Grant Invoice Number: a Billing Period: FROM Invoice Date: DATE Grant Award: Balance Remaining $0.00 TO TASK Previous Balance Current MMIDOIYYYY to MMIDDIYYYY Total Expenses SANDAG Total Match Spent Balance Ftelfibusa abti�' Teta( StaffCosts conaultammor Cosh-` . r Coa1a Thislnvoioe This kwoice .t ih s tn ining 1 Insert Task 1 Description $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 $0.00 $0.00 $0.00 $0.00 $0.D0 $0,00 $0.00 $0.00 3 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 $0.00 $0.00 $0.00 6 $0.00 $0.00 $0.00 7 E0.00 EO.00 $0.00 8 $0.00 $0.00 $0.00 9 $0,00 $0.00 $0.00 10 $0.00 $0.00 $0.00 11 80.0o $0.00 $0.00 12 $0.00 $0.00 $0.00 13 $0.00 $0.00 30.00 14 $0.00 $0.00 $0.00 15 $0.00 $0.00 $0.00 16 $0.00 $0.00 $0.00 17 $0.00 $0.00 $0.00 $0.00 18 $0.00 $0.00 30.00 19 $0.00 $0.00 20 $0.00 $0.00 $0.00 21 $0 00 $0.00 $0.00 22 $0.00 $0.00 $0.00 22 $0,00 $D.0o $0.00 24 30.00 $0.00 $0.00 25 E0.00 $0.00 $0.00 $0.00 Total $0.00 30.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 30.00 Total Current Total Amount Due Less 10% Match Expenditures: this Invoice Retention: % Met to Date: E0.00 $0.00 $0.00 0% Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget SANDAG ' Match'' Total - Task 7 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 80.00 80.00 Task 4 $0.00 $0.00 80.00 Task 5 $0.00 $0.00 S0.00 Task 6 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 - Required Match % 0.00% CERTIFICATION OF GRANTEE I hereby certify that the above costs are eligible costs incurred in performance of the work required under the grant and are consistent with the amounts evidenced by the attached supporting documentation and expenditures. Signature Pfinted Name and Title Date CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the filing of an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $400,000 for the Las Palmas Park Expansion Health Impact and Benefit Assessment; and if awarded the grant, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project PREPARED BY: Stephen Manganiello PHONE: 4382 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. No financial impact ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering APPROVED BY: APPROVED: `j/flVA4/74--- Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution Explanation Staff is requesting authorization to file an application for Smart Growth Incentive Grant Program Funds through the San Diego Association of Governments in the amount of $400,000 for the Las Palmas Park Expansion Health Impact and Benefit Assessment (Las Palmas Park HIBA). No matching funds are required. The Las Palmas Park HIBA will provide a comprehensive review and analysis of National City's General Plan vision to convert the National City Golf Course to active park space. The Las Palmas Park HIBA will establish an existing conditions research question and impact research question related to the following topics: Neighborhood Resources, Active Recreation Opportunities, Food Access, Mobility (Multi -Modal Access), Jobs and Economic Development, Traffic Safety, Social Cohesion, and Educational Programming. The Las Palmas Park HIBA will conduct surveys of local residents to establish use of the park, understand and prioritize their concerns regarding park design and programming, and access to the park from surrounding areas. The survey results will indicate typical modes of travel to the park, safety in and around the park, use of children's after -school and educational programming, and any potential health concerns common in the community. The project area will be analyzed for connectivity, safety and access through site analysis and GIS mapping, analysis and modeling. The results of the survey, existing conditions review and previously proposed plans will be analyzed and evaluated for potential health impacts. Results will be consolidated and prioritized into HIA findings and recommendations that identify clear action steps for the City of National City to fund and implement future park expansion. Council Resolution is required to file the grant application, and if awarded the grant, authorizing the City Manager to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the project. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE LAS PALMAS PARK EXPANSION HEALTH IMPACT AND BENEFITS ASSESSMENT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WHEREAS, $9.6 million of TransNet funding for capital and planning smart growth incentive program projects is available to local jurisdictions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, the City of National City desires to receive $400,000 in Smart Growth Incentive Grant funds for the Las Palmas Park Expansion Health Impact and Benefit Assessment, with no matching funds required; and WHEREAS, the City of National City understands that the Smart Growth Incentive 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 City; and WHEREAS, the City of National City agrees to complete the proposed grant project within a timely matter and in compliance with Board Policy No.035. NOW, THEREFORE, BE IT RESOLVED that the City Council that the City of National City hereby authorizes the submittal of an application to SANDAG Smart Growth Incentive Grant Program funding in the amount of $400,000 for the Las Palmas Park Expansion Health Impact and Benefit Assessment. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Las Palmas Park Expansion Health Impact and Benefit Assessment, the City Council commits to providing $0 of matching funds and/or in -kind contributions. BE IT FURTHER RESOLVED the City Council hereby authorizes the City Manager to accept the grant funds, execute the Grant Agreement with SANDAG with no exceptions, and complete the Las Palmas Park Expansion Health Impact and Benefit Assessment. PASSED and ADOPTED this 15th day of January, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney FOR INFORMATION ONLY — DO NOT FILL OUT TRANSNET SMART GROWTH INCENTIVE GRANT PROGRAM FISCAL YEAR 2011 — 2012 - 2013 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 "SANDAL'), 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 % cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. C. The SGIP is commonly referred to, herein, as the "Smart Growth Incentive" grant program (SGIP). 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 TransNet funds [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 SGIP Funding/ TransNet Funds for use on capital improvement and planning projects meeting certain criteria. E. Both SGIP Funding and TransNet funds were eligible funding sources for the SGIP. F. Grantee successfully applied for SGIP 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. 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 the TransNet MPO ID required to complete Recital H, below. Thank you. H. Grantee's Project is funded with [insert dollar values for Extension Ordinance funding, e.g. $268,000) in Extension Ordinance funds). TransNet MPO ID 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. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Growth Incentive Program (SGIP). F. Grantee. The local jurisdiction that is the recipient of SGIP 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. 2 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 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 SGIP 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. 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. 3 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 SGIP 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 have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is 4 _A_ still consistent with the overall objectives of the SGIP 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 SGIP 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 SGIP 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. 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. 5 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. 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. I. 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. 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 SGIP Funding. The Grantee agrees that its code of 6 -6- 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 SGIP 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. 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 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. 7 -7- 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 SGIP 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 SGIP 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 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 SGIP 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 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 SGIP Funding 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. C. Eligible Costs. The Grantee agrees that Project costs eligible for SGIP 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: 8 _R_ 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 SGIP Funding as part of the SGIP 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 SANDAL, 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. 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. TransNet Project Eligibility 9 0 TransNet SGIP Funds may be expended for capital projects such as pedestrian improvements, bicycle and transit facilities, and other innovative smart growth supporting infrastructure, as well as planning projects such as updates to land use plans to qualify for "potential" smart growth opportunity area as "existing/planned," and other planning activities that facilitate smart growth. Excluded Costs In determining the amount of SGIP Funding SANDAG will provide for the Project, SANDAG will exclude: 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; 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. 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 SGIP 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; 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. 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. G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 10 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 provided is made to SANDAG in order to maintain Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made. 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. 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. 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 smart growth data. 12 19 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 the TransNet Extension Ordinance for TransNet funds. This Project's 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 SGIP 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 SGIP 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 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 SGIP Funding to be provided for the Project if the Grantee has violated the terms of the 13 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 SGIP Funding for the Project. D. In general, termination of SGIP 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 SGIP 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 SGIP Funding provided for the Project or any lesser amount as SANDAG may determine. 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. 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 SGIP 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 SGIP 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 SGIP 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. 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 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. 14 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. 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 15 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 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. 16 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: Heather Cooper 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. 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. 17 _17_ 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] 18 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) TransNet MPO ID NO. 19 ATTACHMENT B SAII(.11Way 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 following execution 20 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. 21 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 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 22 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 23 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 SGIP. 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. 24 Project Title: Project Manager Name: Agency: Address: Telephone: Contract #: Invoice Date: Invoice #: ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS SMART GROWTH INCENTIVE GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period Due Date 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 25 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: ❑ 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. 26 Invoice Part 1 of 2 To: From: Heather Cooper SANDAG 401 6 Street. Suite B00 San Diego, CA 92101-4231 Name Smart Growth Incentive Progrem Invoice Template Project Name: Contract Number: Grant Invoice Number: a Billing Period: FROM Invoice Date: DATE Grant Award: Balance Remaining $0.00 TO TASK Previous Balance Current MMIDDIYYYY to MMIDDNYYY Total Expenses SANDAG Total Match Spent Balance Rembnr ✓ k "nv-i.' 41 "q 'r1 ,2d; i"ka r "'' • s6i; ': •`t' ,�Y .3 x.J�'v e. --;affi1L "osli "- n h'Gtlrlaae {�' CEa ;"'M 4 2g Y Cos. e�y� . t Rdita4n dmjsiee x •. ^�i; Thh Invoice ' s- , Thw .. . ,. e ; .',;.... • . ,, . .. sa 1 Insert Task 1 Description $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 80.00 4 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 $0.00 $0.00 S0-00 6 $0.00 $0.00 $0.00 7 $0.00 $0.00 50.0O 8 $0.00 MOO50.00 $0.00 9 $0.00 $0.00 10 $0.00 $0.00 $0.00 11 $0.00 $0.00 $0.00 12 30.00 $0.00 $0.00 13 $0.00 $0.00 $0.0O 14 $0.00 $0.00 $0.00 15 $0.00 $0.00 $0.00 16 $0.00 $0.00 $0.00 17 $0.00 50.00 $0.00 18 $0.00 50.00 $0.00 19 $0.00 $0.00 $0.00 20 $0.00 $0.00 $0.00 21 $0.00 $0.00 $0.00 22 $0.00 $0.00 $0.00 23 $0.00 $0.00 $0.00 24 $0.00 $0.00 $0.00 24 $0,00 30.00 50.00 Total $0.00 $0.00 $0.00 $0.00 S0,00 $0.00 E0,00 $0.00 $0.00 $0.00 Total Current Expenditures: $0.00 Total Amount Due this Invoice $0.00 Less 10% Retention: S0.00 Match X Met to Date: 0% Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget SANDAG`` Gran ,- ..Match _-: Tatal" 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 $o.00 $0.00 $0.00 Task 4 $0.00 $0.00 $0.00 Task 5 $0.00 $0.00 $0.00 Task 6 $0,00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 30.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80.00 $0.00 $0.00 $0.00 $0.00 30.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.oa TOTAL $0.00 $0.00 $0.00 Required Match % 0.00% CERTIFICATION OF GRANTEE I hereby certify that Me above costs are eligible costs incurted in performance of the work required under Me gram and are consistent with the amounts evidenced by the attached supporting documentation and expenditures. Signature Printed Name and Title Date CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. ((p ITEM TITLE: TEMPORARY USE PERMIT --Neighborhood Appreciation Day hosted by Iglesia Ni Cristo on February 16, 2013 from 12:00 pm to 4:00 pm at 2201 E. 8th Street with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: N PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: od Services Division This is a request from the Iglesia Ni Cristo to conduct a Neighborhood Appreciation Day on February 16, 2013 from 12:00pm to 4:00pm. This event will start off with a ceremonial ribbon -cutting, musical live entertainment, family and children activities, 25-30 booths on services for family budgeting and financing, job skill assistance, games and prizes. A blood drive will also be sponsored by the Red Cross as well. The applicant will have their own volunteer organization for crowd control and internal security. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Staff doesn't recommend waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: pplication for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Iglesia Ni Cristo EVENT: Neighborhood Appreciation Day DATE OF EVENT: February 16, 2013 TIME OF EVENT: 12:OOPM TO 4:OOPM APPROVALS; DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING The Engineering Department has no comment PLANNING All speakers and amplified sound shall be directed away from residential areas. BUILDING Building has no comments RISK MANAGER (619) 336-4370 Applicant to provide insurance certificate and specific endorsement naming the City of National City as an additional named insured, we should be ok to proceed. PUBLIC WORKS (619)366-4580 No involvement. FINANCE Applicant must renew their business license. COMMUNITY SERVICES Community Services has no comments/stipulations. POLICE See Police Department. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) Provide 2A:10BC fire extinguishers in the food areas. Extinguisher to be mounted in a visible location between 3'/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinuuishers to have a current "State Fire Marshal Tau" attached. Please see attached example 5) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 312' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 6) If tents or canopies are used, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 7) Canopies (10x10's) can be grouped together and are not to exceed four in a group (400 square feet). A separation of 10 feet shall be required between groups of four (400 Square feet). If canopies grouped together exceed 400 square feet, a charge and permit will be required by the National City Fire Department prior to the event. Please contact the National City Fire Department for requirements. 8) Internal combustion power sources (Generator) that may be used for the event shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Fueling shall be performed prior to beginning of event. 9) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power'shall be at least 20 feet away from tents and people. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as `Temporary Wiring" Only. 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 12) First Aid will be provided by organization 13) Fees can only be waived by City Council. ru.. .«..• y. irail�y r x.i♦+ 1 r x1:n`is..+! Pr r G7` rY'tyri• •- •i Viv�.,a1,,?.."ayf' r • r .I�^-i-3x1;r ut3. M4';', A,M "♦+j 7q M�J4441,0gM*.b.141:1 457; •'Th1�#+M. ?'S w.t «5.k .! "'A r��`♦♦f w Type of Event: _ Public Concert Parade Motion Picture Fair _ Demonstration _ Grand Opening Event Title: Neighborhood Appreciation Day Festival Circus Other X. Community vent _ Block Party Event Location: Parking lot of 2201 E. 8th Street National City, CA 91950 Event Date(s): From 02/16/2013 to 02/16/2013 Actual Event Hours: 12:00PM am/pm to 4:00PM am/pm Total Anticipated Attendance: 500 (200 Participants 300 Spectators) Setup/assembly/construction Date: 02/15/2013 Start time: 5:OOPM Please describe the scope of your setup/assembly work (specific details): We plan on setting up half of our equipment the night before our event, 02/15/2013, then the rest of the set-up will take place on the moming of the event, 02/16/2013. On the 02/15/2013, we will assemble tents/canopies for our booths, as well as any tables and chairs. The 02/16/2013, everything else including decorations and audio equipment will be set up. Dismantle Date: 02/16/2013 Completion Time: 8:OOPM am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. t7-r.-r-.r r h ri'• r' W4,},j{1, R4r �' 1-'--r�♦ •N^' ,6��*-i7[+ a . `�. '.. ir.: S_M111 "�� rt��' Tr f .',mow^•+ ��'�', Sponsoring Organization: Iglesia Ni Cristo - Church of Christ Chief Officer of Organization (Name) Billy Fermin Applicant (Name): Kimberly B. Comilanq Address: 1427 Claude Lane Unit 4 Chula Vista CA. 91913 Daytime Phone: (619) 948-6441 Evening Phone: (619) 948-6441 Fax: ( ) E-Mail: kim.comilang@gmail.com Contact Person "on site" day of the event: Kimberly Comilang Cellular: (619) 948-6441 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS i •y y. � r�i•l'p i n , +y�(' Y I 'r'M,1 •?^. °M Pn�n.i•�'> ��TiFZ+9Nt '�M ��a,a YMTA -nn. c� ,i'.Y+ 4M;� Is your organization a "Tax Exempt, nonprofit" organization? x YES NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES x NO ° Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 5,000 - 10,000 Estimated Expenses for this event. $ o What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? .F ,r1i 44I, r s-ti�s. r liltl� •-711 Ti. -,z.F e,I ,;i",- r_ -, • /; ;:;-1. xy_,' s' µ , r. i. *• �J u,ee �h,, tv -'S.t'�f:1.=.��i=-._:1:2.,'"-r�iwn ,.-r'��i�:1�I:i`��'_J•.. 'i_irk:1 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. Our event, Neighborhood Appreciation Day, is a day for our organization to give thanks to the surrounding community for their continued support throughout the years. We aim to not only provide entertainment and fun -filled family activities, but also to provide children and families services and resources FREE of cost. The day will start off with a ceremonial ribbon -cutting by ekher the Mayor of National City, or possibly a chosen elected official from the County of San Diego who is in attendance. A stage will be set up for entertainment, including a live band and several performances. There will also be 25-30 booths set up to provide services on family budgeting and financing, resume -writing and improving interview skills, health -screenings (blood pressure and glucose level check-ups), assistance with completing the FAFSA, as well as games and prizes. There wik be a booth where we will use one vehicle to show families how to properly do a car oil -change. We also plan on having a blood drive sponsored by the Red Cross as well. One or two booths will have clothing donations that anyone is welcome to receive. A photo booth will allow guests and attendees to take home a photo in remembrance of this day. Food will also be served to everyone. YES_ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: -�. L♦ r err ^ I t 1'hM.Filft�.�,.fr .•w y.Nr w.w. y. "h n • _ YES X NO Does the event involve the sale or use of alcoholic beverages? YES x NO V14II items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. x YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 60-70 Sizes 10fbc10ft, 10ftx12ft, 10ftx20ft NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the gk or your stage or PA system? SPECIFY: We will he using our nwn stage In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 4 (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 # 80 and Chairs # 200 Fencing, barriers and/or barricades Generator locations and/or source of electricity )Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 1 bin Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: We currently have one trash bin that is picked up weekly every Tuesday. Our plan is to request an additional pick-up on the Friday before the event (02/15/2013), to allow ample space for trash and debris the following day (day of event). r.lr— J �'1 r =Si ,.1. ti] �, �«Iv ..ham p t K. ..., !` �1 � RI I . 1 t ��rr.T v�rt pp7 -� � T. 1t w.p�},h [r •fy h�q'N#' N j •, *f�� YJ� e-.µ r+r p 1Y 1 w+Ml .. �Wf%mi.•^.1 , �+'•i*F��M+Hf�t4h'�?�h^Mi'YS%MM%M�i .%. { ..; a.a,µ s. ...1wH.:M w'�°i'F Please describe your procedures for both Crowd Control and Internal Security: We do have our own volunteer organization that will provide crowd control and internal securely. These individuals will be located at the entrance and various places around the venue. They will also be assisting In maintaining order in the parking lots. This organization will be in their own specific uniform and will be readily accessible during the event. _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. There will be a dedicated space under a canopy with registered nurses on stand by with first aid equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: The venue is one level. and does not hinder access to those with disabilities. We do have 1 on site rest room available for wheelchair access. and we will also request 1 wheelchair accessible portable toilet. ll .str .r r ? ± r,�� .7-II r -7•74:t rN. ri+ ;� tr;l � :} }'��:� r;2,' ., ,u'�i:�',�� `�;. tT�i F,' -�;" �i't,, ,,r»:.}, r�w% �?��r 1: ,, ,t • ` t �y f. ""ti % �.: Fr t �r ��(-�, J; i 1* �p� ' �. J s� r , Jy„T •y,.�' 6f'� ^ s7iM• T.7 iv .F'Y.%� w 4. . .J �,n w�.w J` n M:4 ZZ4 ..= {�c . M1 r►«w g4Ht'A-'�'lf �..nrth' Please provide a detailed description of your PARKING plan: There is a small parking lot on the property available for all attendees. Public street parking along S. V Avenue, E. 8th Street, E. 7th Street, and T Avenue is available. We will also be requesting to use the parkina lot of the medical offices located down the street at 2345 E. 8th Street National City, CA 91950. Please describe your plan for DISABLED PARKING: We are going to reserve 10 spaces for disables parking. Once these spaces are completely occupied. there will be a designated drop-off location close to the venue for these individuals. Please describe your plans to notify all residents, businesses and churches impacted by the event: Our organization will hold saturation drives, send out mailers, and pass out flyers for this event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 7;"- M I� , h ''t • _ a , r - , a ` �{ '" " . 1 e Y aw{{�iy�rgaM.�µ •4fl i'f *t+, 4 kH y n N..j ar 'R!a"M1-�tt.t33,. 'a.-. .s awti. '1.{ .Y.:iM�w �i aMi !aryteat ha l�avajl'ya'. t - •.. l,." n 1 4 .', f r.w `M 1:RM�-fir. } r• •+rit wl °/ • 1 .�, v 0 h 1 t: Ssn * f r✓ 1•-Tat $w arJ sf• .� jj_ t 4 x YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: 1 Type of Music: Christian and instrumental mainstream music X YES NO Will sound amplification be used? If YES, please indicate: Start time: 11.00AM am/pm Finish Time 5.00PM am/pm X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start tifne: 10:OOAM am/'pm Finish Time 12:OOPM am/pm Please describe the sound equipment that will be used for your event: 2-3 large speakers, 2-3 microphones, a sound control console _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: We will have signs on each booth to clearly identify each booth service/game. We will also have a large banner that says "Neighborhood Appreciation Day." Revised 02/29/12 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 Iglesia Ni Cristo - Church of Christ Person in Charge of Activity Kimberly B. Comilang Address 1427 Claude Lane Unit 4 Chula Vista, CA 91913 Telephone (619) 948-6441 Date(s) of Use 02/16/2013 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 attomeys 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 iLA:,...,444e- iNG (TiViNG CBORClivATOR Wit /2_017 For Office Use Only Certificate of Insurance Approved Date • T -) „....... .._ •_____...."-, ; i.-,:-•1.&:Ai , CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. 11 ITEM TITLE: TEMPORARY USE PERMIT —Circus Event hosted by American Crown Circus on February 21 st thru 25th, 2013 from 6:00 pm to 9:30 pm at 3000 National City Boulevard with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neir 'Fi APPROVED BY: ices Division This is a request from the American Crown Circus to conduct a Circus Event at 3000 National City Boulevard from February 21st thru 25th, 2013 from 6:00pm to 9:30pm daily. The circus is a one ring European style acrobatic show that consists of jugglers, comedic performers, acrobats and magicians. No exotic animals, rides or games of chance. The duration of each show is 1 hr. 1/2 per show. The applicant has hired private security for the circus event which will have (2) two guard patrols for the safety of their patrons. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, plus $600.00 for the Fire Permits. Total Fees are $837.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Staff doesn't recommend waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: pplication for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: AMERICAN CROWN CIRCUS EVENT: AMERICAN CROWN CIRCUS DATE OF EVENT: February 21-25, 2013 TIME OF EVENT: 6PM TO 9:30PM APPROVALS. DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING The Engineering Department has no comment PLANNING No comments BUILDING Building has no comments RISK MANAGER (619) 336-4370 These folks provided a 2 million / 4 million aggregate policy limit for the show they did in February. If they provide the same insurance as before and the specific endorsement naming the City of National City as an additional named insured, we should be ok to proceed PUBLIC WORKS (619)366-4580 No involvement. FINANCE Applicant must renew their business license. COMMUNITY SERVICES Community Services has no comments/stipulations. POLICE The organizers will have private security and no National City Police Department resources will be needed. The Police Department has no issues with the TUP. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE Stipulations required by the Fire Department for this event are as follows: 1) Access to the Circus Vargas to be maintained at all times 2) Fire Department access into and through the circus 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. National City Public works shall paint out the fire lane lust north of the circus tent 3) Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) and either self illuminating or electrical with a 90 minute back-up power 4) Fire Hydrants shall not be blocked or obstructed 5) Participants on foot are to move immediately to the sidewalk or away from tent upon approach of emergency vehicle(s) 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire 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. Fees can only be waived by the City Council Canopies: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached 10) Fire extinguishers to be mounted in a visible location between 3Y'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a current State Fire Marshal Tag attached 11) Emergency generators and standby power systems shall be installed, tested, and maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and Standby Power Systems 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid prior to event 13) No smoking signs to be posted 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 15) Fees can only be waived by City Council if you have any questions please feel free to contact me Type of Event: _ Public Concert _ Fair=estival Parade _Demonstration ircus _ Motion Picture _ Grand Opening _ Other Event Title: American Crown Circus Community vent _ Block Party Event Location: 3000 National City Blvd., National City, CA Event Date(s): From 2/21/13 to 2/25/13 Actual Event Hours: 6:0° PM am/pm to 9:30 PM am/pm Total Anticipated Attendance: 500 (10 Participants 490 Spectators) Setup/assembly/construction Date: 2/21/13 Start time: 7:00 am Please describe the scope of your setup/assembly work (specific details): Show set-ups tent, seats, and circus ring. Dismantle Date: 2/25/13 Completion Time: 11:45 pm am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. None it; 15 r nV�ei 'HMJY'. 'a}rs oanri ti • Sponsoring Organization: American Crown Circus Chief Officer of Organization (Name) Frank Osorio Applicant (Name): Frank Osorio Address: 4088 Pleasant Rd., Las Vegas, NV 89108 Daytime Phone: (702) 592-7812 Evening Phone: (702) 592-7812 Fax: ( ) 702 655 0005 E Mail: Americancrowncircus@yahoo.com Contact Person "on site" day of the event: Roberto Osorio Cellular: 702 460 9440 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS s your organization a "Tax Exempt, nonprofit" organization? YES[7 NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): $16. 00 adults & Child Two free per paying adult $12-14 K Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 9 K $ N/A Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Please see attached letter. _ YES1-14IO 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: N/A YE 0 Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: Concessions that include cotton candy, sno-cones & bottle drinks. We apply for County of San Diego Health Permit. _ YE "C' 0 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. nYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. nYES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies t Sizes 95' x 125' NOTE: A separate Fire Department permit is required for tents or canopies. O Will the event involve the use of the C& or your stage or 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: xxx xxx xxx Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Customers purchase food from the concession stand. If you intend to cook food in the event area please specify the method: GAS xxx ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures xxx Vehicles and/or trailers nOther 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: 5 Trash containers with lids: 1 Dumpster xxx Describe your plan for clean-up and removal of waste and garbage during and after the event: Trash is picked up daily and disposed at the dumpsler. Dumpster will be rented for event. Please describe your procedures for both Crowd Control and Internal Security: Same as last year we hire security guards that patrol the area during event. []YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Aggressive Action Private Security Security Organization Address: 1835A S. Centre City PKWY #197, Escondido Security Director (Name): TBD Will furnish contact information to city. Phone: L✓}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: Circus provides outside fighting for event. Every thing is held inside tent which is fully lid. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Circus provides first aid station at ticket office and all employees are instructed to call 911 incase of more severe injury. Please describe your Accessibility Plan for access at your event by individuals with disabilities: We have handicap seating. parking and rest room. Event is on the ground so ifs accessible. Please provide a detailed description of your PARKING plan: Parking wit be on in three areas of the location. Please see layout. Please describe your plan for DISABLED PARKING: We will provide handicap parking for patrons near tent. Please describe your plans to notify all residents, businesses and churches impacted by the event: We'II pass out flyers to neighbors by foot or mail. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: ES _ NO Will sound amplification be used? If YES, please indicate: Start time: 6:00 pm am/pm Finish Time 9:30 pm am/pm _ YE 0 Will sound checks be conducted prior to the event? If YES, please indicate: Start Number of Bands: YES✓ time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Computer, amplifier & 4 speakers. All music is in the enclosed tent. NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YEtNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 Is your organization a "Tax Exempt. nonprofit" organization? YESnNO Are admission. entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): 5' 6 ) :aciRnts & CtIdd 'Nu ree per �aybg a;un_ YES _ NO $ 12-14 K Estimated Gross Receipts including ticket. product and sponsorship sales from this event. $ 9 K Estimated Expenses for this event. $ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles. animals, rides or any other pertinent information about the event. Our event is an acrobatic show that includes jugglers. clowns, acrobats and magicians. No exotic animals, rides or games of chance. The duration of each show is 1 112 hr, It's live family entertainment at reasonable prices. YES ✓ tJO If the event involves the sale of cars. yr li the cars come exclusively from National City car dealers? If NO. list any additional dealers involved in the sale. 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 American Crown Circus, Inc. Person in Charge of Activity Leo Osorio Address 4088 Pleasant Rd., Las Vegas, NV 89108 Telephone 702 493-2894 Date(s) of Use Feb. 21, 22, 23, 24 & 25. 2013 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 Vice President 12/6/12 f cr 'Orrice Use Only Certificate of Insurance Approved Date iiiritaint irt)t December 4, 2012 City of National City 1243 National City Blvd. National City, CA. To Whom It May Concern: Th,: American Crown Circus, INC. is requesting the perrnits to hold the circus in your community. following is the information on the circus. The circus is a one ring European style acrobatic show that consists of jugglers, comedic performers, acrobats and magicians. No exotic animals, rides or games of chance. 1 he duration of the show is 1 hr. i per show. The circus will setup on the morning of the circus date and leave early morning following the circus date and will clean the location after the last performance. Following is the further information and what we provide: Dateis}: Feb.21, 22, 23, 24 & 25, 2013 Location: 3000 National City Blvd. Attendance: 150-200 Hrs, of Operation: 5:00 to 9:00 pm only ins. Coverage: Same as last year as per City Risk Manager. Porta Potties: 2 Standard, 1 handicap and a hand washing station. Waste & Recycling: Dumpster rental & recycling bins. Security: Aggressive Action Private Security: 2 security guards patrol area for the safety of our patrons. One of the main goals of the circus is to fill a void by bring good clean reasonable priced live entertainment that all families can attend and enjoy together to your community. The circus will donate to the city a percentage of the ticket sales for the use of the property. Thank you for your time and consideration. If you have any questions, please call me at (702) 493.2894. Sinc ely,c r sonri % i � � ce President/American Crown Circus, INC. }eWit' . \ %NO. 10,40111* OW /010 k\ ilOWNWtwo is I :414‘44**,eit‘pf,4#` \ .} , * \4Ik©: _: �$} /� AMERICAN CROWN CIRCUS, INC. Home Office 4088 Pleasant Rd. Las Vegas, NV. 89108 Rental Agreement This Agreement is entered this November 15, 2012 by and between AMERICAN CROWN CIRCUS, INC. (CIRCUS) and Richard S. McCune, Jr. ' (Property Owners or Managers). Property Address: 3000 National City City: National City State:CA Show Date: Feb. 21, 22, 23, 24 & 25, 2013 Time(s): (4:00) 6:00&8:00 PM THE CIRCUS AGREES 1. To provide full insurance coverage and hold Location Owners harmless for all accidental bodily injury or damage to property resulting from CIRCUS ACTIVITIES ONLY. To list as additional insured per list below. McCune Motors Richard S. McCune, Jr. McCune Chrysler Jeep Dodge SoCal Custom Virginia McCredie, Trustee The Tod C. McCredie Trust 2. To clean and place trash in container,Sfrom CIRCUS AREA following perfo e. TO �r4-S}vrt, c'\\ PYCG.< VLed 't'v t'v.eGr owlcsvt ri, \ a tr„$ 3. To provide business licenses to hold circus. 4. To pay the Property Owners $600.00 per day to use the property. Total $3, 000.00 THE PROPERTY OWNERS AGREES 1. To rent lot on above address to hold circus. 2. Not to Sponsor or let another Circus, Carnival or similar event set up on their property 60 days prior to the circus event Circus has exclusive rights to sell products during the duration of this agreement at location. Agreement is dependent on Citypermit approvals. If City doesn't approve permits agreement will be void. FOR CIRCUS �040 TITLE Treasurer_ DATE_11/15/12_ s nature FOR PROPERTY <T�\��yTITLE .-�. DATE I Z1 S 1 t �-- PRINT NAME Q, i c.Q� i a,%. r eaticte , dv. i & ADDRESS 3000 & nc • IJ (Viso ADDRx:IESS r V) c� W: (gig1-�, b - �`. 1c: �i-�a01a ALTERNATE CONTACT: TELEPHONE: PHONE: , This Agreement is void if not signed mid within 30 days of offer. This Agreement shell not be mended without written convent of both patties. This Agreement is govern under Nevada taws i CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15th, 2013 AGENDA ITEM NO. 18 ITEM TITLE: Warrant Register #23 for the period of 11/28/12 through 12/04/12 in the amount of $1,254,060.84. (Finance) PREPARED BY: IK. Apalategui PHONE: 1619-336-43311 DEPARTMENT: Finance APPROVED BY: `'�/� at/C(20.44— EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/28/12 through 12/04/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check D-Max Engineering 304999 Health Net Inc 'raiser Health Plans Kimley Horn and Assoc 305017 305022 305027 Amount 53,738.76 60,493.17 162,758.69 92,771.04 Explanation Storm Water Services Insurance R1192A December 2012 Insurance - 104220-0002 December 2012 SANDAG Grant — D Ave FINANCIAL STATEMENT: ACCOUNT NO. N/, ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: `-/'p4 2"" `,6 Finance APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,254,060.84 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: (arrant Register #23 PAYEE CUMMINS & WHITE LLP ACEDO AFLAC ALL PRO MAINTENANCE & REPAIR ALLEN ANDERSON ANTUNEZ BEARD BECK BISHOP BOEGLER BOOT WORLD BOYD BUREAU VERITAS N AMERICA INC CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CINTAS DOCUMENT MANAGEMENT ONDON ;ORPUZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CREATIVE IMAGES PHOTOGRAPHY CSAC EXCESS INS AUTHORITY DANESHFAR DATA TICKET INC DELTA CARE USA DELTA DENTAL DELTA DENTAL DESROCHERS DI CERCHIO D-MAX ENGINEERING DOKKEN ENGINEERING DREDGE DREW FORD EISER III ENVIROCHECK INC FABINSKI FERGUSON ENTERPRISES INC FLEET SERVICES INC GARCIA GELSKEY :IBBS JR ,ANSON HARRIS & ASSOCIATES INC HARTE HANKS SHOPPERS INC HEALTH NET HEALTH NET WARRANT REGISTER # 23 12/4/2012 DESCRIPTION LEGAL / OVERSIGHT BOARD OF NC RETIREE HEALTH BENEFITS/DEC 2012 ACCT BDM36 DECEMBER 2012 REFUND-BLDG PERMIT #70511 -1731 L AVE RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 REIMB-BASIC PUBLIC SAFETY DISPATCHER RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 MOP 64096 WEARING APPAREL RETIREE HEALTH BENEFITS/DEC 2012 CHILLER REPLACEMENT SERVICES PARADISE CREEK LITTER REMOVAL PD/LTD DECEMBER 2012 MONTHLY SHREDDING / POLICE RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 STORMWATER SHARED COSTS FY 2013 RENEWAL FOR LAS PALMAS MUNICIPAL POOL MAYOR AND COUNCIL PICTURES EXCESS WC INSURANCE RETIREE HEALTH BENEFITS/DEC 2012 APPEALS, ON-LINE ACCESS/OCT 2012INSD PM' COBRA DENTAL INS - OCT 2012 INS - DEC 2012 ACCT #05-0908600002 COBRA DENTAL INS-OCT 2012 09086-01002 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 STORM WATER SERVICES PLAZA BOULEVARD RETIREE HEALTH BENEFITS/DEC Z012 MOP 49078 AUTO PARTS RETIREE HEALTH BENEFITS/DEC 2012 LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS/DEC 2012 MOP 45723 PLUMBING MATERIAL MOP 67804 AUTO PARTS REIMB-CA FIRE CHIEFS FALL TRAINING SYMP RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 8TH ST. SMART GROWTH PROMOTIONAL AD FOR 125TH ANNIVERSARY FULL NETWORK 57135A - DEC 2012 INSURANCE FOR DEC 2012 CHK NO DATE AMOUNT 304969 12/4/12 4,316.19 304970 12/4/12 160.00 304971 12/4/12 990.38 304972 12/4/12 101.00 304973 12/4/12 125.00 304974 12/4/12 110.00 304975 12/4/12 419.70 304976 12/4/12 70.00 304977 12/4/12 140.00 304978 12/4/12 110.00 304979 12/4/12 260.00 304980 12/4112 116.35 304981 12/4/12 145.00 304982 12/4/12 575.00 304983 1214/12 864.00 304984 12/4/12 1,960.00 304985 12/4/12 72.95 304986 12/4/12 280.00 304987 12/4/12 140.00 304988 12/4/12 322.00 304989 12/4/12 235.00 304990 12/4/12 100.00 304991 12/4/12 197.43 304992 12/4/12 250.00 304993 12/4/12 2, 935.15 304994 12/4/12 71.03 304995 12/4/ 12 12,767.51 304996 12/4/12 124.49 304997 12/4/12 110.00 304998 12/4/12 70.00 304999 12/4/12 53,738.76 305000 12/4/12 182.99 305001 12/4/12 250.00 305002 12/4/12 68.74 305003 12/4/12 250.00 305004 12/4/12 745.00 305005 12/4/12 220.00 305006 12/4/12 296.12 305007 12/4/12 22.96 305008 12/4/12 234.20 305009 12/4/12 115.00 305010 12/4/12 120.00 305011 12/4/12 135.00 305012 12/4/12 3,486.15 305013 12/4/12 125.76 305014 12/4/12 5,377.98 305015 12/4/12 4,509.69 HEALTH NET HEALTH NET INC HODGES JAMES JERAULDS CAR CARE CENTER JUNIEL KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBEE KIMLEY HORN AND ASSOC INC KONICA MINOLTA LANDA LASER SAVER INC LEFORTS SMALL ENGINE REPAIR LIMFUECO MALDONADO MALDONADO MATIENZO MC CABE MEDINA METRO AUTO PARTS DISTRIBUTOR MURRAY MYERS NAPA AUTO PARTS NOSAL NOTEWARE OCHOA OLSON O'REILLY AUTO PARTS PACIFIC EH & S SERVICES PAUU JR PEASE JR PETERS POST POTTER POWER PLUS PRO BUILD RAY RELIANCE STANDARD RESTORATION MGMT COMPANY ROARK ROE RUIZ SDCFCA SAADAT NEJAD AHMAD SAN DIEGO TROLLEY INC SDG&E SERVATIUS SHORT INS N5992A - DECEMBER 2012 INSURANCE R1192A - DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 MOP 72449 R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS/DEC 2012 INS ACTIVE - DEC 2012 104220-0002 RET INS DECEMBER 2012 GRP #10-4220-03 INS HD HSA ACTIVE -DEC 2012 RET INS -COBRA OCT 2012 GRP #104220-7002 RETIREE HEALTH BENEFITS/DEC 2012 SANDAG GRANT-D AVENUE COPIER EQUIPMENT LEASE - OCT 2012 RETIREE HEALTH BENEFITS/DEC 2012 MOP 45725 MATERIALS & SUPPLIES BLADES FOR EDGER # 2658 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 MOP 75943 AUTO PARTS RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 MOP 45735 AUTO PARTS RETIREE SETTLEMENT / DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 REIMB - CACEO SEMINAR IN ANAHEIM MOP 75877 AUTO PARTS WC CLAIM COSTS RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 TEMPORARY POWER, AQUATIC CLASSROOM MOP 45707 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS/DEC 2012 VOLUNTARY LIFE INS - DEC 2012 LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 MEMBERSHIP RENEWALS REFUND PC OVERPAYMENT-NC1120927009 TROLLEY FLAGGING SERVICES / NSD FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS/DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 305016 12/4/12 305017 12/4/12 305018 12/4/12 305019 12/4/12 305020 12/4/12 305021 12/4/12 305022 12/4/12 305023 12/4/12 305024 12/4/12 305025 12/4/12 305026 12/4/12 305027 12/4/12 305028 12/4/12 305029 12/4/12 305030 12/4/12 305031 12/4/12 305032 12/4/12 305033 12/4/12 305034 12/4/12 305035 12/4/12 305036 12/4/12 305037 12/4/12 305038 12/4/12 305039 12/4/12 305040 12/4/12 305041 12/4/12 305042 12/4/12 305043 12/4/12 305044 12/4/12 305045 12/4/12 305046 12/4/12 305047 12/4/12 305048 12/4/12 305049 12/4/12 305050 12/4/12 305051 12/4/12 305052 12/4/12 305053 12/4/12 305054 12/4/12 305055 12/4/12 305056 12/4/12 305057 12/4/12 305058 12/4/12 305059 12/4/12 305060 12/4/12 305061 12/4/12 305062 12/4/12 305063 12/4/12 305064 12/4/12 305065 12/4/12 305066 12/4/12 162 11, 3, 2,. 92, i 9,4 1. ( 4f 16 13 3,32. I0( 3C i5 399. 150. 140. 170.: 1,137.1 120.0 125.0 110.6 139.51 1,397.46 340.00 140.00 290.00 280.00 150.00 195.00 737.50 190.00 2,432.87 5,216.53 135.00 120.00 28.35 21,476.68 340.00 300.00 SOUTHERN CALIFORNIA SOIL & STAPLES ADVANTAGE STRASEN THE LINCOLN NATIONAL LIFE INS TRIVIZ UNITED PARCEL SERVICE URIAS VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL W W GRAINGER WEST PAYMENT CENTER ZIETLOW SECTION B HAPS PAYMENTS 8TH STREET SERVICES, OCTOBER MOP 45704 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS/DEC 2012 LIFE & AD&D, STD, LTD INS - DEC 2012 RETIREE HEALTH BENEFITS/DEC 2012 UPS SHIPMENT RETIREE HEALTH BENEFITS/DEC 2012 MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE / POLICE MOP 65179 PLUMBING MATERIAL CLEAR INVESTIGATIVE DATABASES / PD RETIREE HEALTH BENEFITS/DEC 2012 Start Date 11/28/2012 End Date 12/4/2012 GRAND TOTAL 305067 12/4/12 305068 12/4/12 305069 12/4/12 305070 12/4/12 305071 12/4/12 305072 12/4/12 305073 12/4/12 305074 12/4/12 305075 12/4/12 305076 12/4/12 305077 12/4112 305078 12/4/12 A/P Total 2,167.50 8.70 135.00 8,346.90 135.00 18.98 125.00 906.08 469.48 649.98 433.44 150.00 497,573.81 756,487.03 $ 1,254,060.84 Certification IN ACCORDANCE WITH SECTION 37202, 37208 372059 _ WE HEREBY CERTIFY TO T AVAILABILITY OF F HE ACCURACY OF THE DE OF THE GOVERNMENT CLAIMS ANDFUNDS FOR THE PAYMENTDEMANDS LISTED ABOVE AND CODE, ABOVE DEMANDS HAVE BEEN AUDED AS AND FURTHER THATTO THE REQUIRED BY LAW. THE ABOVE MARK ROBERTS�� FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS VICE - MAYOR LUIS NATIVIDAD MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING THE CITY TRECERTIFY IS THE FO GOIN ISSUE CLAIMS AND O SAID WDRRANT BYTHECITY ASSURER IS THE OR DEMANDS WERE APPROVED AND OF JANUARY, 2013 S � PAYMENT THEREOF AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15th, 2013 AGENDA ITEM NO. (9 ITEM TITLE: Warrant Register #24 for the period of 12/05/12 through 12/11/12 in the amount of $1,522,642.18. (Finance) PREPARED BY: ;K. Apalateguij DEPARTMENT: Financ PHONE: ,I619-336-4331j APPROVED BY: Ps — EXPLANATION: 'Per Government Section Code 37208, attached are the warrants issued for the period of 12/05/12 through 12/11/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Best Best & Krieger LLP 305079 68,784.60 Legal / Community Youth Athletic Center Public Emp Ret System 305137 274,270.23 Retirement Insurance Period 11/13/12-11/16/12 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: ` 2 Finance APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,522,642.18 BOARD / COMMISSION RECOMMENDATION: N/AN ATTACHMENTS: arrant Register #24 PAYEE BEST BEST & KRIEGER LLP CHRISTENSEN & SPATH LLP COUNTY OF SAN DIEGO STAPLES ADVANTAGE ABCANA INDUSTRIES ACE UNIFORMS & ACCESSORIES INC ADDICTION MEDICINE AEP CALIFORNIA LLC ALCEM FENCE COMPANY INC ALLIED GRADING & PAVING ARCO GASPRO PLUS ASSOCIATION OF ENVIRONMENTAL BANK OF AMERICA PUBLIC & BRENNTAG PACIFIC INC BROADWAY AUTO GLASS BUCKNAM INFRASTRUCTURE GRP INC BUREAU VERITAS N AMERICA INC CAPF ASSOC OF CODE ENFORCEMENT )WG IEVRON & TEXACO CHRISTENSEN & SPATH LLP CHRISTOPHER PETERS CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO CPCA DANIELS TIRE SERVICE DEESE DELTA CARE USA DEPARTMENT OF JUSTICE DINO DAY CARE INC D-MAX ENGINEERING D-MAX ENGINEERING DUONG FEDEX FELLOWS FERNANDO GEORGE WATERS HOME DEPOT CREDIT SVCS JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS " IMBALL MIDWEST 'ORTS SMALL ENGINE REPAIR N K-9 INC. N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE WARRANT REGISTER #24 12/11/2012 DESCRIPTION LEGAUCOMM YOUTH ATHLETIC CENTER LEGAL SERVICES / ARE HOLDINGS DOCUMENT REVIEW JUL-SEP 2012 MOP OFFICE SUPPLIES/ GRANTS HYDROCHLORIC ACID, DRY CHLORINE, PATROL READY BAG, BLACK / POLICE MEDICAL SERVICES01/01/13-06/31/13 LOGIC SUPPLY / POLICE DEPARTMENT MATERIALS, LABOR & EQUIPMENT DEPOSIT - T&A #1025 FUEL CEQA STATUES AND GUIDELINES 2013 ED CAT LOADER EQUIP LEASE PMT #27-12/24/12 BULK CHLORINE FRONT RIGHT MOTOR #83292 2012 PAVEMENT MANAGEMENT PROGRAM SAFE ROUTES TO SCHOOL, OCTOBER SERVICES FIRE/LTD DEC 2012 MEMBERSHIP DUES-R. SORIANO .LOGITECH HD WEBCAM C920 / MIS "MOP 45699 FUEL LEGAL / ARE HOLDINGS REIMBURSEMENT PARAMEDIC LIABILITY CLAIMS SVCS / DEC 2012 PERMIT RENEWAL 12/31/12-12/31/13 REGIST: M. RODRIGUEZ-ROLE OF POLICE CHIEF P225/70R15 100S S2 WRL TIRES / PW RETIREMENT REIMBURSEMENT PMI DENTAL INS - DEC 2012 INVESTIGATIVE SVCS - OCT 2012 DEPOSIT #1314 DINO DAY CARE DEPOSIT #1778 - SHELL MINIMART DEPOSIT #1548 BLUE LINE 125 PLAN REIMBURSEMENT FEDEX SHIPMENT DIRECT DEPOSIT RETURNED SUBSISTENCE -SUPERVISORY COURSE CELEBRATION FOR COUNCILWOMAN 200L M5 LED WHITE STRUT ASSEMBLY MOP 69277. LANDSCAPING SUPPLIES RETIREES INS -DEC 2012 (DED THRU CALPERS) SINGLE MALE SHELL #22111 PISTON SEAL KIT MAINTENANCE TRAINING / POLICE K-9 COMMUNITY ENHANCEMENT JUL-DEC 12 NC TOURISM MARKETING / OCT 2012 ECONOMIC DEVELOPMENT - 2012 BUSINESS LEADER SPONSOR 1/2 CHK NO DATE AMOUNT 305079 12/11/12 68,784.60 305080 12/11/12 11,332.30 305081 12/11/12 355.00 305082 12/11/12 59.57 305083 12/11/12 942.03 305084 12/11/12 59.25 305085 12/11/12 715.00 305086 12/11/12 10,824.31 305087 12/11/12 145.00 305088 12/11/12 35,000.00 305089 12/11/12 36,058.43 305090 12/11/12 20.00 305091 12/11/12 3,077.02 305092 12/11/12 855.60 305093 12/11/12 161.20 305094 12/11/12 1,037.50 305095 12/11/12 21,620.00 305096 12/11/12 592.00 305097 12/11/12 75.00 305098 12/11/12 1,430.78 305099 12/11/12 243.59 305100 12/11/12 4,242.50 305101 12/11/12 1,501.93 305102 12/11/12 4,965.00 305103 12/11/12 250.00 305104 12/11/12 566.00 305105 12/11/12 192.58 305106 12/11/12 425.23 305107 12/11/12 2,923.38 305108 12/11/12 910.00 305109 12/11/12 1,683.43 305110 12/11/12 1,180.00 305111 12/11/12 360.00 305112 12/11/12 1,999.58 305113 12/11/12 40.64 305114 12/11/12 100.00 305115 12/11/12 1,502.61 305116 12/11/12 120.00 305117 12/11/12 189.88 305118 12/11/12 666.63 305119 12/11/12 579.54 305120 12/11/12 22,411.42 305121 12/11/12 220.14 305122 12/11/12 223.37 305123 12/11/12 800.00 305124 12/11/12 22,500.00 305125 12/11/12 19,512.77 305126 12/11/12 5,000.00 305127 12/11/12 3,500.00 PAYEE NAHRO NATIONAL CITY TROPHY ORANGE COUNTY SHERIFFS DEPT PAPA PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAULSTON RODRIGUEZ RODRIGUEZ SAFETY KLEEN SYSTEMS INC SAFRAN MORPHOTRUST SAN DIEGO COUNTY RECORDER SD COUNTY TREASURER SEAPORT MEAT COMPANY SILVA SMART & FINAL SMART SOURCE OF CA LLC SOUTH COAST EMERGENCY STAPLES ADVANTAGE STEVENSON SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC THE STATE BAR OF CALIFORNIA THE STATE BAR OF CALIFORNIA U S BANK U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH VELASCO VISTA PAINT WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 25 11/13/2012 WARRANT REGISTER #24 12/11/2012 DESCRIPTION CHK NO DATE MEMBERSHIP RENEWAL 305128 12/11/12 MOP 66556. AWARDS / CSD 305129 12/11/12 TUITION - SUPERVISORY COURSE 305130 12/11/12 MEMBERSHIP RENEWAL-DIAZ,ACOSTA, AVILA 305131 12/11/12 MOP 45703 AUTO PARTS 305132 12/11/12 MOP 67839 AUTO PARTS 305133 12/11/12 MOP 45707. MATERIALS / PARK 305134 12/11/12 8TH ST. UTILITIES CONSTRUCTION 305135 12/11/12 MOP 45742 LAUNDRY SERVICES 305136 12/11/12 SERVICE PERIOD 11/13/12-11/26/12 305137 12/11/12 TRAVEL REIMB/ MEET AND CONF/DOF 305138 12/11/12 125 PLAN REIMBURSEMENT 305139 12/11/12 SUBSISTENCE -THE ROLE OF THE POLICE CHIEF 305140 12/11/12 HAZARDOUS MATERIAL REMOVAL, TESTING 305141 12/11/12 INVESTIGATIVE SERVICES - OCT 2012 305142 12/11/12 RECOVEYANCE-IGNACIO/ALTAGRACIA MENDEZ 305143 12/11/12 PROPERTY TAXES 305144 12/11/12 FOOD / NUTRITION CENTER 305145 12/11/12 125 PLAN REIMBURSEMENT 305146 12/11/12 MOP 45756 / SUPPLIES / CSD 305147 12/11/12 MOP 63845. LETTERHEAD IMPRINT/FIRE 305148 12/11/12 TUBE 1.65 OD X 28.60 LG / PW 305149 12/11/12 MOP 45704. OFFICE SUPPLIES/ PARKS 305150 12/11/12 125 PLAN REIMBURSEMENT 305151 12/11/12 WASTEWATER WATER BILL 305152 12/11/12 SUPPLIES / NUTRITION CENTER 305153 12/11/12 MOP 45726 AUTOMOTIVE PARTS 305154 12/11/12 MEMBERSHIP DUES - C. SILVA 305155 12/11/12 MEMBERSHIP DUES FOR J. KNIGHT 305156 12/11/12 CREDIT CARD EXP - PD 305157 12/11/12 MEDICAL SVCS 305158 12/11/12 UNDERGROUND SRVC ALERT CHRGS 305159 12/11/12 SWEEPER REPAIRS 305160 12/11/12 REFUND - SEWER CHARGES ON VACANT LOT 305161 12/11/12 MOP 68834. PAINT / NSD 305162 12/11/12 JANITORIAL SUPPLIES / FIRE 305163 12/11/12 MOP 45763. ELECTRICAL SUPPLIES / CSD 305164 12/11/12 Start Date End Date 12/5/2012 12/11/2012 End Date Check Date 11/26/2012 12/5/2012 A/P Total 2/2 AMOUNT 1,300.00 142.46 134.00 135.00 180.12 356.98 484.58 26,724.00 441.39 274,270.23 214.37 525.59 512.00 469.21 44.00 41.00 4,329.04 69'' 2,E 94.62 321.19 663.97 1,088.00 310.49 2,650.73 212.00 485.00 485.00 825.43 640.00 124.50 242.14 1,539.84 852.36 445.45 18.49 616,562.63 1,201.00 904,878.55 GRAND TOTAL $ 1,522,642.18 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT HEREBY CERTIFY TO AVAILABILITY CERTIFY FY F THE ACCURACY OF THE DEMANDSOVA CLAIMS A FUNDS FOR THE PAYMENT THEREOF LISTED ABOVE CODE, WE AND DEMANDS HAVE BEEN AUDITED AS AND FURTHER T AND TO THE REQUIRED BY LAW. THAT THE ABOVE MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE_ MAYOR MONA RIOS, MEMBER LUIS NATIVIDAD, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY T THE HEREBY TREASURER THE FOREGOING CLAIMS AND DEMANDS REASURER IS AUTHORIZED TO ISSUE SAID WA WERE BY THE CITY COUNCIL ON THE 156' OF J APPROVED AND ANUARY, 2013. WARRANTS IN PAYMENT THEREOF AYES NA YS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO,;2_O ITEM TITLE: Continued Public Hearing — Street Vacation of the northerly 160 feet of the alley between 11th and 12th Streets east of National City Blvd. as part of the Revolution 2 project. (Applicant: The Focus Group.) (Case File No. 2012-16 SC) /YiZ PREPARED BY: Martin Reeder, AICP DEPARTMENT: p PHONE: 619-336-4313 APPROVED BY: EXPLANATION: Council continued this item from the December 18, 2012 meeting. The City Council initiated the vacation request on October 30, 2012 to vacate the northerly 160 feet of alley. The Planning Commission determined that the vacation is consistent with the General Plan on November 19, 2012. The attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Class 32 Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the street vacation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores. ATTACHMENTS: Background Report 6. PC Resolution 21-2012 2. Recommended Findings 7. December 18, 2012 objection Letter 3. Recommended Conditions 8. Public Notice for January 15, 2013 continued hearing 4. Location Map 9. Notice of Exemption 5 11/19/12 Planning Commission Staff Report 10. Plans BACKGROUND REPORT Council continued this item from the December 18, 2012 meeting in order for staff to provide notice to the property owner and property owner's representative of the meeting. Notice was provided to a total of 78 property owners and occupants, all within 300 feet of the alley. 12 of the occupant notices were returned as were two of the property owner notices. The public notice mailed to the property owner who objected to the alley vacation was returned to the City as undeliverable at the address provided by the County Assessor. However, the property owner's representative indicated that they did receive notice as requested. The City Council initiated the vacation request on October 30, 2012 to vacate the northerly 160 feet of alley. The Planning Commission determined that the vacation is consistent with the General Plan on November 19, 2012. At the City Council meeting of December 18, 2012 a letter of objection (attached) was provided to the Council by an attorney representing the owner of property located at 1145 National City Blvd. (Enterprise rent -a -car). The letter provided five points of objection: 1. Failure to provide notice of proposed street vacation 2. The alley is necessary for present and prospective public use 3. The City failed to comply with its own street vacation procedures 4. The proposed street vacation has no public purpose 5. The proposed street vacation will subject the City to liability for substantial impairment of access to the subject property Response to Item no. 1: Noticing requirements for a street vacation involve a physical notice posted on the property and an advertisement in a local newspaper; no mailed notice is required. However, staff had indicated in an e-mail that notice would be received. In an effort to comply with this statement this continued public hearing was noticed as described above. Response to Item no. 2: The recommended findings of approval include a specific finding that finds the alley unnecessary for present or prospective public use, since all of the properties abutting the area proposed to be vacated and also East 11th Street are owned by the project proponent, who wishes to redevelop their properties, and since access to 12th Street is still provided from National City Blvd. and A Avenue (Finding No.1). In addition, field observations made by staff on January 8, 2013 observed limited activity in or through the portion of alley proposed to be vacated. On January 8, 2013, staff observed traffic patterns in the alley between the hours of 12:30 and 2:30 p.m. Five trips were noted coming southbound from 11th Street into Enterprise. Two trips were noted traversing the alley from 11th to 12th Streets. Given t Enterprise's business hours of 7:30 a.m. to 6 p.rn. during the week and extrapolating the two-hour observation to the whole business day, the maximum trips through the alley (southbound) to Enterprise could be expected to be around 26 trips. The expected trips from 11th to 12th Streets through the alley could be expected to be around 10 trips. If the alley were to be vacated, these 36 daily trips would only be possible by using a different route (A Avenue). Several trips were observed turning northbound into the alley from 12th Street and on into the Enterprise property; however, this portion of alley is proposed to remain and the trip would continue to be possible after vacation. An alley is defined in the Municipal Code as "a public or private right-of-way, other than a street or highway, permanently reserved as a means of providing secondary vehicular access to abutting properties." Therefore, it is not primary public access, as stated by the objector. Response to Item no. 3: City staff has complied with all requirements of its Street Vacation Procedures, including determination of fee title, utility notification, and General Plan consistency, as stated in the objection letter. The City does not hold fee title, all utilities were notified of the proposed vacation, and the Planning Commission found the vacation consistent with the General Plan. Furthermore, the Street Vacation Procedures are an internal document intended to guide staff through the process, not for auditing purposes by outside entities. The procedures ensure that all pertinent portions of the California Streets and Highways Code are complied with. Response to Item no. 4: The proposed project will provide goods and services as well as rental opportunities for the community, both serving public interests. Additionally, the project, will provide tax revenue through rental income and sales tax associated with the 3,000 square -foot commercial portion of the project, also benefiting the public. The objection letter cites a court case that is irrelevant to the subject at hand, as it refers to a street not an alley. Furthermore, the city decision in question was upheld. Response to Item no. 5: According to the current tenants of the property (Enterprise yent- a -car), they have no issues with the proposed vacation or development project. In addition, the Enterprise property has access to all streets which front the property (National City Blvd. and 12th Street), access which would be maintained. The objection letter claims that access to 11th Street would be severely impaired. The Enterprise property does not abut 11th Street; therefore, the alley does not need to require access (see "alley" definition in 'Response to Item no. 2') The development of the Revolution 2 project will transform previously underutilized and currently unoccupied properties, already accomplished by the demolition of the unsightly and dangerous building formerly located along National City Blvd. The project will improve the aesthetics of the area and will further realize the vision of the Downtown Specific Plan. The project will also improve the long-term quality of life for the neighboring Centro project. The alley vacation will allow for the efficient and cohesive development of the area. Furthermore, the General Plan does not identify any future alley access for the subject area. The associated alley vacation does not conflict with the policies and goals of the General Plan. 2 RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. That the portion of alley to be vacated is unnecessary for present or prospective public use, since all of the properties abutting the area proposed to be vacated are owned by the project proponent, who wishes to redevelop their properties, and since access to 12th Street is still provided from National City Blvd. and A Avenue. 2. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the alleyway is not identified as critical access in the Circulation Element of the General Plan. 3. That there are no policies or goals in the General Plan that the proposed vacation would conflict with. 4. That the vacation of the alley would allow for efficient and cohesive development of underdeveloped and vacant properties, a goal which is consistent with the General Plan. 3 RECOMMENDED CONDITIONS OF APPROVAL FOR THE STREET VACATION 1. The alley vacation shall only occur if the associated Downtown Specific Plan Consistency Review (2012-16 DSP) is approved. 2. A Preliminary Title Report and a policy of title insurance shall be provided prior to recordation of the Order to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities within the alley after vacation of said alley. All easements shall remain in place until the utilities have been removed or replaced. 4. The Resolution ordering Vacation shall not be recorded until the above conditions has been satisfied. 4 1018 1040 6 1112 1146 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 v 0 07 0 1 1017 1031 1028 1040 1 E 11th St 1105 1121 1123 1145 12 5A lulu 1027 1033 1037 1041 E-12t.h•St City Hall CD 5B 01 1 Vacation Area — — — Zone Boundary e 1 1 I Feet 0 50 100 200 APN: n/a (right-of-way) Planning Commission Location Map 2012-16 SC CALIFORNIA --r NATIONAL CiT 1/ INCORPORA7"AO CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Staff report by: Applicant: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 5 November 19, 201 REVIEW OF ALLEY VACATION FOR THE VACATION OF THE NORTHERLY 160 FEET OF THE ALLEY BETWEEN EAST 11TH AND 12TH STREETS, EAST OF NATIONAL CITY BLVD. FOR CONFORMANCE WITH THE GENERAL PLAN. 2012-16 DSP, SC Martin Reeder, AICP The Focus Group Downtown Specific Plan (DSP) Development Zone 5B 3,200 square feet Former auto sales and repair across 11th St. / DSP Development Zones 5A and 5B Vacant office building with Centro property beyond across A Ave / DSP Development Zone 5B City Hall across E. 12th St./ DSP Development Zone 16 Vacant properties and former Lourdes restaurant / DSP Development Zone 6 An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110 BACKGROUND History This item, along with a Downtown Specific Plan Consistency review, was agendized as a public hearing at the Planning Commission meeting of November 5, 2012. However, due to confusion over the content in or necessity of said notice, the Commission voted to move the item off calendar to ensure compliance with adopted street vacation procedures. Upon further review, it was determined that although a public notice is not required at this stage, a Planning Commission hearing is. However, a publicly noticed hearing will be held by the City Council per Streets and Highways Code requirements. Also pursuant to further review, Downtown Specific Plan Consistency applications require approval by the Community Development Commission (now the Successor Agency), not the Planning Commission. Therefore, although an overview of development is included in this report, the Commission will not need to take action on the development aspect of the application. Proposal The proposed portion of the 260-foot alley to be vacated runs from East 11t" Street south 160 feet to the northerly property line of the Enterprise rent -a -car property located on the northeast corner of East 12t" Street and National City Blvd. The alley is 20 feet wide throughout and the total proposed vacation would be 3,200 square feet. The remaining southerly 100 feet of alleyway, the only portion consistently used, is proposed to remain as access to Enterprise. The applicant is requesting the alley vacation as part of a pending proposal for a four -to - five -story mixed -use project consisting of 157 residential units and 3,000 square feet of commercial space (Revolution 2). The project would potentially encompass the majority of the block between National City Blvd. and A Ave., and between East 11th and 12th Streets. The development is pending City Council review for consistency with the Downtown Specific Plan. AD other properties abutting the alley, apart from Enterprise rent -a -car, are owned by the applicant and are part of the proposed mixed -use project. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public rights -of -way; the Council initiated the vacation request on October 30, 2012. Pursuant to the Streets and Highways Code, Section 8313, if the proposed vacation is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacation. To this end, the Street Vacation Procedures require the Planning Commission to hold a hearing to determine General Plan conformance and forward the recommendation to the City Council. The procedures do not, however, require a publicly -noticed hearing at Planning Commission, seeing as the hearing at which the City Council considers the vacation would be so noticed. General Plan Conformance Seeing as there are no other active tenants on this block, the area to be vacated is generally only used by Enterprise rent -a -car, which is on the south end of the alley adjacent to 12th Street. The business has a car wash area in the rear of the property that can be 7 accessed both from National City Blvd., through the property, and from the alley. Vacation of the northerly 160 feet of the alley would neither prevent nor impede Enterprise rent-a- car's access because they would still have access to the alley from 12th Street or through the lot from National City Blvd., both immediately adjacent to the property. The distance from the alley at 11th Street and the alley at 12th Street is approximately 630 feet, or an additional travel distance of around 470 feet (a block and a half). The alleyway is not identified as critical access in the Circulation Element of the General Plan. There are no policies or goals in the current General Plan that the proposed vacation would conflict with. Vacation of the alley would allow for efficient use of underdeveloped and vacant properties, a goal which is consistent with the General Plan. Summary The development of the Revolution 2 project will transform previously underutilized and currently unoccupied properties, including buildings to be demolished that are unsightly and possibly dangerous. The project will improve the aesthetics of the area and will further realize the vision of the Downtown Specific Plan. The project will also improve the Tong -term quality of life for the neighboring Centro project. The alley vacation will allow for the efficient and cohesive development of the area. Furthermore, the General Plan does not identify any future alley access for the subject area. The associated alley vacation does not conflict with the policies and goals of the General Plan. RECOMMENDATION 1. Determine that the Alley Vacation as described on the attached plans is in compliance with the National City General Plan, since the alley is not identified as critical access in the Circulation Element of the General Plan and that there are no policies or goals in the General Plan that the proposed vacation would conflict with. 2. Determine that the Alley Vacation as described on the attached plans is not in compliance with the National City General Plan, based on Findings to be determined by the Planning Commission. ATTACHMENTS 1. Location Map 2. Proposed site plan MARTIN REEDER Assistant Planner BRAD RAULSTON Executive Director 8 RESOLUTION NO. 21-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, VACATION OF THE NORTHERLY 160 FEET OF THE ALLEY BETWEEN EAST 11TH AND 12TH STREETS, EAST OF NATIONAL CITY BLVD. FOR CONFORMANCE WITH THE GENERAL PLAN. CASE FILE NO. 2012-16 DSP, SC WHEREAS, the Planning Commission of the City of National City considered an alley vacation of the northerly 160 feet of the alley between East 11th and 12th Streets, east of National City Blvd. for conformance with the General Plan at a hearing held on November 19, 2012, at which time oral and documentary evidence was presented; and, WHEREAS, at said hearing the Planning Commission considered the staff report contained in Case File No. 2012-16 DSP, SC maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, based on the testimony and evidence presented to the Planning Commission at the public hearing held on November 19, 2012, that the Planning Commission finds the proposed Street Vacation in conformance with the National City General Plan. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 19, 2012, by the following vote: AYES: Alvarado, Baca, DelaPaz, Flores, Reynolds NAYS: ABSENT: Pruitt ABSTAIN: 0.„Qtc91,-- CHAIRPERSON 9 RUTAN RUTAN & TUCKER, LLP December 18, 2012 City Council City of National City c/o Michael R. Dalia, City Clerk 1243 National City Boulevard National City, CA 91950 Douglas J. Dennington Direct Dial: (714) 641-3419 E-mail: ddennington@rutan.com Re: Objection to Proposed Street Vacation for "Revolution 2" Project Located at 1105, 1121 and 1123-1125 National City Boulevard (Case File No. 2012-16 DSP, SC) Honorable Mayor and Members of the City Council: This office represents the owner ("Owner") of the property located at 1145 National City Boulevard, National City, California ("Subject Property").' The Subject Property is currently occupied by Enterprise Rental Car. This letter is sent in response to the Notice of Public Hearing ("Notice") issued by the City of National City ("City"), concerning the December 18, 2012 hearing at which the City Council intends to conduct a "Downtown Specific Plan Consistency Review" for the "Revolution 2" Project ("Project") situated adjacent to the Subject Property, and in response to the City Council's agendized item concerning a proposed vacation of a portion of the alley running between 11"' and 12th streets. The Notice indicates that the project applicant, The Focus Group ("Applicant"), proposes a mixed use project with 147 units, 3,000 sf of commercial space, and 209 parking spaces. The Notice fails to specify whether the Applicant seeks a street vacation in connection with the Project, but based on recent communications with planning staff and the City Council Agenda, it is our understanding that the City Council will also be considering a street vacation concerning a portion of the alley running between 11"' and 12th Streets as requested by the Applicant. Please be advised that the Owner adamantly objects to any vacation of the public alley on the following grounds: 1. Failure to Provide Notice of Proposed Street Vacation The Notice is completely silent as to whether the City Council intends to consider the proposed street vacation between 11th and 12th Streets as was previously contemplated in connection with the Project. To the contrary, the Notice only suggests that the City Council intends "to consider a Downtown Specific Plan Consistency Review." Nevertheless, it is our understanding that planning staff purported to publish notice of the proposed street vacation in Union Tribune and along the area of the proposed street vacation. The City, however, failed to The Subject Property is owned by Dolores Ilko, as trustee of the Tiger Trust. 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714,641.5100 I Fax 714.546.9035 Orange County I Palo Alto I www.rutan.com 560/099999-0084 4773691.1 a12/17/12 10 RUTAN RUTAN 6 TUCNER. LLP City Council December 18, 2012 Page 2 provide notice to this office as it previously represented it would do prior to any street vacation hearing before the City Council.2 (See 11/15/12 email appended hereto from Martin Reeder to Douglas Dennington confirming that "the next step in the vacation process would be a publicly - noticed hearing at City Council sometime in December, of which the property owner will receive notice.") In this case, the only Notice provided to "property owner" failed to even mention the proposed street vacation. Any attempt by the City to vacate the public alley at the December 18th hearing would be void for failure to comply with the mandatory notice requirements. 2. The Alley is Necessary for Present and Prospective Public Use In addition to the City's failure to comply with the notice requirements, the City cannot demonstrate that the portion of the alley proposed to be vacated is "unnecessary for present or prospective public use" — a mandatory finding which must be made before a legislative body may vacate a public street or alley. (Streets and Highways Code § 8324(b).) The finding must be supported by substantial evidence, as the Legislature has "manifest[ed] its intention to protect a statewide interest in public access to dedicated streets." (Harman v. City & County of San Francisco (1972) 7 Ca1.3d 150, 162.) The City Council has no evidence (let alone "substantial evidence") before it to support a finding that the portion of the alley proposed to be vacated is "unnecessary for present or prospective public use" Appended hereto is a letter from the Owner's traffic consultant, Urban Crossroads, which has reviewed and analyzed the transportation and circulation section contained in Downtown Specific Plan EIR ("EIR") — the document presumably supporting staffs recommendation for a street vacation. Any reliance on the EIR is misplaced, given the fact that the EIR neither assumes nor considers the possibility of the proposed street vacation. The EIR, to the contrary, assumes traffic circulation patterns based on the full vehicular access through the entire alley between 1 lth and 12th Streets. Moreover, the public currently uses the entire alley for access between 1 lth and 12th Streets. Vehicles exiting the Enterprise Rental Car facility exit the facility via the alley and travel both to 1 lth Street and 12th Street. Closing the alley as proposed will eliminate all access to l lth Street, forcing all traffic to travel down the alley and enter onto 12th Street. As set forth in Urban Crossroads' letter, the City has not conducted any analysis to ascertain the potential traffic impacts attendant the proposed vacation of the alley. In the absence of any such analysis, the City Council simply cannot find that the portion of the alley is "unnecessary for present or prospective public use." 2 The failure to provide notice of the street vacation to this office is odd, given the fact that the City did provide the Notice of the Downtown Consistency Review directly to this office, without any indication of the proposed street vacation. 560/099999-0084 4773691.1 412/17/12 11 RUTAN RUTAN 6 TUCKER. LLP City Council December 18, 2012 Page 3 The City also has no evidence to support the finding that the alley is not necessary for other public users, such as pedestrians, bicyclists, emergency vehicles, and public utilities and facilities. The City has not analyzed the extent to which the portion of the alley proposed to be vacated is necessary for these other public uses. Nor has the City attempted to evaluate the needs of the public to use the alley for future public uses necessitated by future development in the area, including future development of the Subject Property. In short, there is simply no evidence to support the finding that the portion of the alley proposed to be vacated is "unnecessary for present or prospective public use."3 3. The City Failed to Comply With its Own Street Vacation Procedures In addition to a lack of any evidence to support staff's apparent conclusion that the proposed street vacation is "unnecessary for present or prospective public use," the City has failed to comply with its own procedures necessary to move forward with the street vacation. Among other things, the City has failed to identify whether it holds fee title (as opposed to an easement) in the alley, which fact, if true, would require the City to obtain an appraisal of the alley to establish fair market value in order for the City to sell the alley to the developer of the project. (City's Street and Alley Vacation Procedures ("Procedures"), ¶ 3(c)(iii).) Nor, to Owner's knowledge, has the City coordinated review of the proposed vacation by all relevant City Departments and outside agencies, "including public utilities (e.g., San Diego Gas & Electric, Sweetwater Authority, SBC, Cox Cable, Ultronics)." (Procedures, ¶ 3(d)(ii).) In addition, it does not appear that the City has prepared "written and public utility notification materials consistent with the requirements of Section 8320(b)(1) of the California Streets and Highways Code" or analyzed "the prospective use of the area proposed to be vacated, considering the area's status under the General Plan, and whether the area proposed to be vacated is useful as a non -motorized transportation facility." (Procedures, ¶ 3(d)(iv) and (v).) Nor is there any indication that the City has "field -checked" the area proposed to vacated. (Procedures, ¶ 3(d)(iii).) 3 City staff advances the argument that because the alley is not identified as "critical access" on the City's General Plan, the alley is purportedly "unnecessary" for public use. In other words, staff has taken the position that only those roadways designated as "critical access" in the General Plan are "necessary" for public use and, presumably, any roadways or alleys not so designated may be vacated by the City. That, of course, is not the standard that must be applied. The test is not whether the street is "critically necessary," but whether it is "necessary" for public use. The General Plan explicitly designates the subject alley for present and prospective public use, irrespective of whether such public access is "critical." No evaluation has been conducted by the City to assess this issue and, as noted, the EIR in fact assumes that the alley will not be vacated. 560/099999-0084 4773691,1 a12/17/12 12 RUTAN RUTAN 6 TUCKER. LIP City Council December 18, 2012 Page 4 In the staff report prepared in connection with the December 18th hearing, staff refuses to respond to the substance of these claims and, instead, seems to suggest that the Owner's claim is based on the City's failure to communicate to the Owner how it complied with the City's street vacation procedures. Staff completely misses the point. The point is that there is no evidence in the record to demonstrate compliance with the City's street vacation procedures and staff does not even attempt to address any of the following: • Does the City hold fee title to the subject alley and what, if anything, was done to investigate the City's title to the alley? • If the City does hold fee title, did the City obtain the required appraisal to establish fair market value and, if so, why is the appraisal not referenced anywhere in the record? • If the City does hold fee title to the alley, what are the terms of the purchase agreement between the City and Applicant for the conveyance of the alley to the Applicant as required by the street vacation procedures? • Has the City performed a "coordinated review" of the proposed vacation with all relevant City departments and, if so, what did this coordinated review entail and what were the specific results of this review? • What, if anything, has the City done to coordinate a review of the proposed vacation with outside public utilities, such as San Diego Gas & Electric, Sweetwater Authority, SBC, Cox Cable and Ultronics? • What written notifications were prepared for public utilities? • What has the City done, if anything, to analyze the prospective use of the portion of the alley proposed to be vacated and what, if anything, has the City done to investigate whether the alley would be useful as a non -motorized transportation facility? • What, if anything, was done to "field -check" the area proposed to be vacated and what were the results of this field -check? The record is absolutely silent as to what was undertaken by the City to comply with its own, mandatory street vacation procedures. There is no evidence whatsoever to support any finding of compliance in this regard. 560/099999-0084 4773691.1 a12/17/12 13 RUTAN City Council December 18, 2012 Page 5 4. The Proposed Street Vacation Has No Public Purpose As is evident from the Notice, the Applicant seeks to construct a development consisting of 152 residential units, 3,000 square feet of commercial space, and 186 parking spaces. It is unclear how this proposed development will impact (or burden) the existing alley proposed to remain, but what is clear is that the vacation of the public alley would only serve a private interest, i.e., the Applicant, directly contrary to public policy militating against the vacation of public streets for the sole benefit of private enterprise. (See City of Rancho Palos Verdes v. City of Rolling Hills (1976) 59 Cal.App.3d 869, 891 [citing People v. City of Los Angeles (1923) 62 Ca1.App. 781, 792 [invalidating street vacation ordinance where "the only interest or convenience subserved ...was the private interest of the defendant'].) The only purpose served by the proposed street vacation is that of a private developer seeking to maximize its profit by converting public access routes to private development. The requested street vacation should be denied on this basis alone. S. The Proposed Street Vacation Will Subject the City to Liability for Substantial Impairment of Access to the Subject Property As noted, the existing alley is critically necessary for the patrons of the business operating on the Subject Property to access both 11`l' and 12d' Streets. As a matter of law, properties abutting public streets have an easement for ingress and egress to and from such streets. The proposed vacation of the alley north of the Subject Property would eliminate all access via the alley to 1 Street, which elimination constitutes a substantial impairment of access for which the City would be liable in inverse condemnation. For the reasons set forth above, the Owner adamantly objects to the proposed street vacation and will take all legal action necessary to enforce her property rights. Please direct all further notices concerning this matter to the undersigned. DJD:mm 560/099999-0084 4773691.1 u12117l12 14 Dennington, Doug From: Martin Reeder [mreeder@nationalcityca.gov] Sent: Thursday, November 15, 2012 4:41 PM To: Dennington, Doug Cc: Claudia Silva Subject: RE: Objection to Street Vacation (Case No. 2012-16 DSP, SC) Good evening Mr. Dennington, I am writing to let you know that the proposed vacation for the northerly 160 feet of the alley behind Enterprise rent -a - car will be reviewed by Planning Commission this coming Monday (November 19, 2012). Per the City's street vacation procedures, the Planning Commission needs to find the proposed vacation in conformance with the General Plan. This conformance review needs to take place at a hearing, but not a publicly -noticed hearing. Therefore, the property owner would not have received notice of this hearing. However, if found to be in conformance with the General Plan, the next step in the vacation process would be a publicly -noticed hearing at City Council sometime in December, of which the property owner will receive notice. Thanks, Martin Reeder, AICP 'Assistant Planner City of National City Development Services Department 'Planning Division 1243 National City Blvd. National City, CA 91950 mreederanationalcityca.00v) www.nationalcitvca.gov P: 619-336-4313 1 F: 619-336-4321 The City of National City is open Monday through Thursdays, 7:00 am to 6:00 pm; Offices are closed on Friday 52 ar�ee. Please don't punt this e-mail unless les necessary. From: Martin Reeder Sent: Tuesday, November 06, 2012 3:40 PM To: 'Dennington, Doug' Cc: Claudia Silva Subject: RE: Objection to Street Vacation (Case No. 2012-16 DSP, SC At last night's Planning Commission meeting, the Commission did not move forward on this item. The item will be re - noticed at a future time. Martin Reeder, AICP 'Assistant Planner City of National City Development Services Department) Planning Division 1243 National City Blvd. 1 15 41 Corporate Park I Suite 300 I Irvine, CA 92606 I (949) 6( 4 www.urbanXroat 1 MEMORANDUM December 17, 2012 Mr. Douglas J. Dennington RUTAN & TUCKER, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Subject: National City Street Vacation Peer Review Dear Mr. Dennington: Urban Crossroads, Inc. is pleased to provide these comments on the Consistency Review and Street Vacation for "Revolution 2" located at 1509, 1531, 1535 National City Boulevard and adjacent to 41 E. 12th St. (collectively referred to as "National City Street Vacation"), It is our understanding that the National City Street Vacation project is relying on the California Environmental Quality Act (CEQA) documentation prepared for the National City Downtown Specific Plan. Upon review of the EIR (referred to as "EIR") and associated documents, several deficiencies are noted and the City's failure to provide relevant documentation and analysis as to the project's potential to impact traffic and circulation necessitate preparation of a more detailed analysis. The following discussion underscores concern for the project's potential to meet the test of significance, and the technical inadequacy of the EIR under the California Environmental Quality Act (CEQA). Project Description The project site is the majority of the block bounded by National City Blvd., A Avenue, 11th Street and 12th Street (not including the Enterprise -Rent-A-Car property). The proposed four- story over podium parking design would contain 152 residential unit and 3,000 square feet of commercial space, with 186 parking spaces. The proposal includes vacating the northerly 160 feet of the 260-foot alley running through the property. Enterprise -Rent-A-Car Enterprise -Rent-A-Car is located at 1145 National City Boulevard and is immediately adjacent to the proposed street vacation. Passenger cars traveling to and from the Enterprise -Rent-A-Car currently utilize the proposed street vacation, Failure to Adequately Assess Traffic Impacts The proposed Project relies solely on the traffic impact analysis contained in the National City Downtown Specific Plan EIR. The National City Downtown Specific Plan EIR includes a section 08456-04 MEMO 16 Mr. Douglas J. Dennington RUTAN & TUCKER, LLP December 17, 2012 Page 2 in Transportation and Circulation that discusses the seven street conversion locations where short segments of existing streets are proposed for closure and conversion to pocket parks. It should be noted that the proposed street vacation (including the portion of the alley proposed to be vacated) is not included in the EIR and no analysis is provided. There is potential for traffic impacts that could occur as a result of diverted traffic with the proposed street vacation (including the portion of the alley proposed to be vacated). The potential for traffic impacts occurs to both National City Boulevard and E. 12th Street. Currently, traffic uses the portion of the alley proposed to be vacated in order to travel north to E 11th St. or to travel northbound on National City Boulevard upon existing the Enterprise -Rent-A-Car facility or for traffic traveling on E 12th St. looking to head northbound. Lastly, the City states that the street vacation (including the portion of the alley proposed to be vacated) is not necessary for current or prospective public use because it is not listed on the general plan as "critical access." However, as previously noted, public traffic currently uses the portion of the alley proposed to be. The City has failed to provide any data (e.g., traffic and pedestrian counts) to support its claim that there is no public or prospective use of the alley. Conclusion As set forth above, the proposed project may create significant impacts that were not disclosed in the EIR and for which no mitigation was proposed. Additionally, the portion of the alley proposed to be vacated is currently being used by the public and provides access for Enterprise -Rent-A-Car and the community at large that would use the proposed street vacation alley to access E. 11th St. and traffic attempting to travel north on National City Blvd. Respectfully submitted, URBAN CROSSROADS, INC. Haseeb Qureshi, Senior Associate HQ:AE JN:08456-04 MEMO 08456-04 MEMO 17 NOTICE OF CONTINUED PUBLIC HEARING FOR A STREET VACATION VACATING THE NORTHERLY 160 FEET OF THE ALLEY BETWEEN EAST 11TH AND 12TH STREETS, EAST OF NATIONAL CITY BLVD. CASE FILE NO.: 2012-16 SC The National City Council will hold a continued public hearing after the hour of 6:00 p.m. Tuesday, January 15, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed street vacation (Applicant: The Focus Group). The applicant is requesting the vacation of the northerly 160 feet of the 260-foot long by 20 feet wide alley. The southerly 100 feet of alleyway adjacent to the Enterprise rent -a -car property is proposed to remain. The purpose of the vacation is for a potential mixed -use project encompassing the majority of the block between National City Blvd. and A Ave., and between East 11th and 12th Streets. This Vacation Proceeding is conducted under Division 9, Part 3, Chapter 3, of the California Streets and Highways Code. A detailed map referencing the proposed street and alley vacation is on file with the National City Planning Department. Any person interested in this matter may appear at the above time and place and be heard. Members of the public are invited to comment. Written comments should be received by the National City Planning Division on or before 5:30 p.m., January 15, 2013. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. 1R CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2012-16 SC Project Location: Alleyways between National City Blvd. and A Avenue and between East 11 and 13th Streets. Contact Person: Martin Reeder, AICP Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Vacation of the northerly 160 feet of the alley between East 11th and East 12th Streets, east of National City Blvd., in association with a mixed -use development project. Applicant: The Focus Group c/o: Mark Goethals 7938 Ivanhoe Ave. #200 San Diego, CA 92037 Telephone Number: (619) 491-9200 ext. 112 Exempt Status: Categorical Exemption. Class 32 Section 15332 (In -Fill Development Projects) Reasons why project is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated serves only properties that are part of the mixed - use project, is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. Date: MARTIN REEDER, AICP Assistant Planner 19 �''°�x,•M MYn�oi Mi �iL%;w Wrv.AnWy vaalxn 4p 40' G.- r-N17'44'26'V 100.10' NATIONAL CITY BOULEVARD 6 O n SW-KS-9S5 NdV N17'44'24.1 0 2 co 0 Z 0 F n 0 0 --I 40991- dVN! N17 4.13T2617/ '��r 'A' AVENUE N 1 I� 30' 0 tg __J 30' Of 1 NCI222 IDS) c4a eewi mamtw w Dom. WAS, Dx,rm MS WAS 10/01/12 Star 1M. Aox ALLEY VACATION MIMES/4 IIIN M712TH bun. REVOLUTION APARTMENTS SNIPES-QYEASSOCIATES 8340 CEATER ORME, 613112 n. LA ME5A. CA 9 (941-2910 (6191697-9234, FAX (6191460-Y033 61) NOR. DMI0 REVOLUTION 2 . 0 NORTHWEST CORNER OF NATIONAL CITY BLVD. / 11TH ST. NATIONAL CITY CALIFORNIA 91950 21 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. 2) ITEM TITLE: Ordinance of the City Council of the City of National City adding Title 16 to the National City Municipal Code pertaining to City boards, commissions and committees PREPARED BY: Claudia Gacitua Silva DEPARTMENT: Cty Attorney PHONE: EXPLANATION: Ext. 4222 Please see attached memorandum. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lemorandum . roposed ordinance Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano Office of the City Attorney City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight TO: Mayor and City Council DATE: January 7, 2013 FROM: Claudia Gacitua Silva, City Attorney SUBJECT: Adding Municipal Code Title 16 regarding City Boards, Commissions, and Committees Background Some time ago, the City Council requested that a review and formal report be prepared regarding City boards, commissions, and committees relative to administration, continued existence, improved efficiency, and possible re -organization and consolidation. Responding to this request, at the September 15, 2009 City Council meeting, the City Clerk presented an oral and written report to the City Council. The bodies that were the subject of the report were the Building Advisory and Appeals Board, the Board of Library Trustees, the Civil Service Commission, the Committee on Housing and Community Development, the Community and Police Relations Commission, the Park and Recreation Advisory Board, the Planning Commission, the Public Art Committee, the Senior Citizens Advisory Board, the Traffic and Safety Committee, and the Tree Committee (also commonly referred to as the Street Tree and Parkway Committee). The City Clerk's report addressed specific issues such as appointment of alternate members, vacancies, quorums, term lengths, frequency of meetings, attendance by members, annual reports by the chair, and consolidation or dissolution of certain boards, commissions and committees. The report concluded by making certain recommendations to the City Council as to these issues, which the City Council took action to approve. Thereafter, the City Council took two actions which affected three of the boards, commissions and committees. First, on October 6, 2009, the Council enacted Ordinance No. 2009-2323, whereby the Council assumed the functions and duties that had up to then been performed by the Building Advisory and Appeals Board. Second, on November 3, 2009, the City Council enacted Ordinance No. 2009-2326, transferring the functions and duties of the Committee for Housing and Community Development to the Planning Commission; as part of this action, the Council also added positions for two ex officio members to sit with the seven other members of the Planning Commission when Committee for Housing and Community Development business is being undertaken. These actions by the City Council were taken largely in response to certain issues that were considered at the September 15 City Council meeting, including lack of attendance by some members, problems in forming a quorum, scarcity of business to transact, and difficulty in recruiting and/or retaining members. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 With these issues in mind, in order to further implement the City Council's desire to promote economy and efficiency in City government, and based upon the Council's minute action at the September 15 meeting, the City Clerk's and City Attorney's offices have collaborated to revamp the enactments that have over the years established and formed the City's boards, commissions and committees. Some of these enactments were in the form of City Council resolutions. Others appear in various chapters of the Municipal Code or in non -codified ordinances. As a result of this effort, what is now being proposed is the adoption of a comprehensive ordinance that will add a new Title 16 to the Municipal Code, pertaining exclusively to the creation and functioning of all City boards, commissions and committees. The main advantage of placing all of these provisions in one title of the Municipal Code is that they will be easier to locate for the City's officials and employees, as well as to members of the community. Proposed Title 16 The following is a summary of the contents of each chapter that would constitute the new Title 16 of the Municipal Code: Chapter 16.01 — Board of Library Trustees • Comprised of five members appointed by the Mayor subject to confirmation by the City Council. • Members appointed for staggered terms of three years. • Required to hold at least one regular meeting per month. • A quorum consists of a majority of the members; a majority of a quorum is necessary to act upon a matter. • Functions include administration of trusts created for the library; appointment of librarian and all other officers and employees of the library and fixing their compensation; purchase of books and other personal property; purchase or rental and improvement of real property; exchange and borrowing of books from other libraries. • Members shall be residents, but need not be electors. • Members receive no compensation, but may be reimbursed for expenses incurred during the conduct of Board business. Chapter 16.02 — Civil Service Commission • Comprised of five members appointed by a majority vote of the City Council. • Member may be removed by a majority vote of the City Council) • No member shall be appointed to the Commission who holds any salaried city office or employment. Nor shall any member, while on the Commission or for a period of one year t Members of all other boards, commissions and committees may be removed by a majority of a quorum; for this Commission, existing provisions require a four -fifths vote of the entire Council to remove a member. January 7, 2013 2 Adding NCMC Title 16 City Boards, Commissions and Committees after their membership on the Commission has ended, be eligible for appointment to any position in the competitive service. • Members appointed for staggered terms of five years. • Required to hold at least one regular meeting every other month. • A quorum consists of a majority of the members; a majority of a quorum is necessary to take action. • Functions include acting in an advisory capacity to the City Council and the Director of Human Resources on personnel matters; when requested by the City Council or Director of Human Resources, holding hearings and making recommendations on matters of personnel administration; hearing appeals submitted by persons in the competitive service; in any investigation or hearing, examination of witnesses under oath and compelling their attendance or production of evidence by subpoena; through the Director of Human Resources, publishing and posting notices of examinations for positions in the competitive service. • Members shall be residents, but need not be electors. • Members receive no compensation, but may be reimbursed for expenses incurred during the conduct of Commission business. Chapter 16.03 — Committee for Housing and Community Development • Comprised of nine members — seven planning commissioners, and two ex officio members of the Planning Commission, appointed by the City Council. • Committee's functions are now performed by the Planning Commission sitting as the Committee. • Two ex officio members: one shall be at least sixty-two years of age, and both shall be tenants of the CDC (Housing Authority). Members need not be electors. • Members appointed for staggered four-year terms. • Required to hold at least one regular meeting per year. • Functions include encouraging communications from persons and organizations in the City, and giving advice and making recommendations to the CDC on projects, programs and policies. • Generally, provisions of Title 16 of the Municipal Code that apply to the Planning Commission will also apply to the Committee. Chapter 16.04 — Community and Police Relations Commission • Comprised of eight members: seven voting members, and one non -voting member.2 • Of the seven voting members, five shall be residents, and up to two may be non- residents.3 2 Previously, there were nine members — seven of whom were voting and two were non -voting members. January 7, 2013 3 Adding NCMC Title 16 City Boards, Commissions and Committees • The non -voting member shall be a member of the National City Police Officers' Association.4 • Appointed by the Mayor subject to confirmation by the City Council. • Members appointed for staggered terms of three years.5 • Required to hold at least one regular meeting every three months. • A quorum consists of a majority of the members; a majority of a quorum is necessary to take action. • Functions include receiving and monitoring or investigating citizen complaints regarding police conduct; receiving supplemental information from the Police Department regarding citizen complaints and such other matters as the Commission may request; allowing parties the opportunity to mediate disputes; making recommendations to the City Council regarding additional duties that the Commission may perform; making an annual report of its activities, findings and recommendations on police policy issues; advising on police department operations, and making recommendations on police policy issues; conducting investigations and holding public hearings; in any investigation or hearing, examination of witnesses under oath and compelling their attendance or production of evidence by subpoena. • Members receive no compensation, but may be reimbursed for expenses incurred during the conduct of Commission business. Chapter 16.05 — Park, Recreation and Senior Citizens Advisory Board • Dissolves the Park and Recreation Advisory Board and the Senior Citizens Advisory Board as separate bodies, and consolidates them into the Park, Recreation and Senior Citizens Advisory Board. • Comprised of seven members appointed by the Mayor subject to confirmation by the City Council. • Members appointed for staggered terms of three years. • Required to hold at least one regular meeting every two months. • A quorum consists of a majority of the members; a majority of a quorum is necessary to take action. • Functions include advising the City Council on policy and administrative matters concerning the City's parks, and the recreation activities conducted in said parks; serving in an advisory capacity to the City Council in matters pertaining to the senior citizens of the City; conducting investigations; and preparing reports as directed by the City Council. 3 4 5 Previously, there were seven voting members — five of whom were residents, and two of whom were non- residents. Previously, there were two non -voting members, one of whom was a member of the National City Police Officers' Association, and one of whom was a member of a human rights organization. Since the Commission was first established, the position for a member of a human rights organization has never been filled. Previously, terms were for two years. January 7, 2013 4 Adding NCMC Title 16 City Boards, Commissions and Committees • Members shall be residents, but need not be electors. • Members receive no compensation, but may be reimbursed for expenses incurred during the conduct of Board business. Chapter 16.06 — Planning Commission • Comprised of seven members appointed by the City Council.6 • Members appointed for staggered terms of four years. • Required to hold at least one regular meeting per month. • A quorum consists of a majority of the members; a majority of a quorum is necessary to take action; a tie vote in an appeal of a decision of the Development Services Director shall affirm the decision of the Director. • Functions include periodically reviewing and revising, as necessary, the general plan; implementing the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances; annually reviewing the capital improvement program of the City and local public works projects of other local agencies for their consistency with the general plan; endeavoring to promote public interest in, comment on, and understanding of the general plan and regulations relating to it; consulting and advising with public officials and agencies, public utility companies, civic, educational, professional, as well as other organizations, and citizens generally concerning implementation of the general plan; promoting the coordination of local plans and programs with the plans and programs of other public agencies; performing other functions as the City Council provides, including conducting studies and preparing plans other than those required or authorized by the Government Code; conducting hearings, taking evidence, examining witnesses under oath and compelling their attendance or production of evidence by issuance of subpoenas, and making decisions. • When acting as the Committee for Housing and Community Development, the Commission's role is to encourage communication from the community, and advise the CDC as to its projects, programs and policies, including the Section 8 program, housing improvement and assistance, and neighborhood improvement projects. • Members shall be residents, but need not be electors. • Compensation shall be determined periodically by resolution of the City Council. • When acting as the Committee for Housing and Community Development, the Commission's role is to encourage communication from the community, and advise the CDC as to its projects, programs, and policies, including the Section 8 program, housing improvement and assistance, and neighborhood improvement projects. 6 Two additional ex officio members participate when the Commission is acting in the capacity of the Committee for Housing and Community Development. January 7, 2013 5 Adding NCMC Title 16 City Boards, Commissions and Committees Chapter 16.07 — Public Art Committee • Comprised of five members appointed by the Mayor subject to confirmation by the City Council. • Member appointed for staggered terms of three years.8 • Required to hold at least one regular meeting quarterly.9 • A quorum consists of a majority of the members; a majority of a quorum is necessary to take action. • Function is to consider and advise the City Council on matters relating to public art. • Members may be residents or non-residents. • Members receive no compensation, but may be reimbursed for expenses incurred during the conduct of Committee business. Chapter 16.08 — Traffic Safety Committee • Comprised of five members appointed by the Mayor with the consent of the City Council. • Members appointed for staggered terms of three years.10 • Required to hold at least one regular meeting each month. • A quorum consists of a majority of the members of the Committee; a majority of a quorum is necessary to take action. • Functions include investigating, considering and reporting upon all matters referred to them by appropriate public officials, agencies or private citizens concerning traffic safety in the City. • Members shall be residents, but need not be electors. • Members receive no compensation, but may be reimbursed for expenses incurred during the conduct of Committee business. Chapter 16.09 — Provisions Applicable to All Boards, Commissions and Committees • Provides that in addition to regular appointments, the City Council may appoint alternate members to any board, commission or committee; an applicant for an appointment as an alternate member is subject to the same application and interview procedures as are regular appointments; alternate members shall attend all meetings of the board, commission or committee to which they are appointed, but may participate in a meeting 7 8 9 10 Previously, there were seven members. Previously, members were appointed for terms of two years. Previously, regular meetings were required to be held monthly. Previously, members were appointed for terms of two years. January 7, 2013 6 Adding NCMC Title 16 City Boards, Commissions and Committees only if a regular member is absent; an alternate is automatically eligible for appointment as a regular member, provided they have served as an alternate in good standing.(" • Requires the chair of each board, commission and committee to appear before and present an annual report to the City Council on the activities and accomplishments of their respective boards, commissions and committees, including a report of the attendance record of the members of their board, commission or committee.12 • Provides that for all appointments to boards, commissions or committees, the term of each appointment shall expire on March 31 or September 30.13 In his report to the City Council, the City Clerk recommended that the Tree Committee, commonly referred to as the Street Tree and Parkway Committee, be dissolved. In making this recommendation, the City Clerk cited problems in forming a quorum, scarcity of business to transact, lack of attendance by some members, and difficulty in recruiting and/or retaining members. The City Council concurred in the City Clerk's recommendation. Accordingly, the enacting ordinance for Title 16 contains a section dissolving the T ee Committee. CL DIA \ V TUA SILVA City Attorney " Currently, there are no provisions for appointment of alternate members. 12 There are currently no provisions requiring annual reports to the City Council. 13 Currently, there are no provisions for uniformity in the expiration dates of terms. January 7, 2013 7 Adding NCMC Title 16 City Boards, Commissions and Committees ORDINANCE NO. 2013 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING TITLE 16 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO CITY BOARDS, COMMISSIONS AND COMMITTEES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Title 16 is hereby added to the National City Municipal Code to read as follows: Chapters: 16.01 16.02 16.03 16.04 16.05 16.06 16.07 16.08 16.09 Sections: Title 16 CITY BOARDS, COMMISSIONS AND COMMITTEES Board of Library Trustees. Civil Service Commission. Committee for Housing and Community Development. Community and Police Relations Commission. Park, Recreation and Senior Citizens' Advisory Committee. Planning Commission. Public Art Committee. Traffic Safety Committee. Provisions applicable to all boards, commissions and committees. Chapter 16.01 BOARD OF LIBRARY TRUSTEES 16.01.010 Created. 16.01.020 Term —Vacancy. 16.01.030 Chair —Offices —Staff support. 16.01.040 Bylaws and operating procedures. 16.01.050 Meetings —Functions and authority. 16.01.060 Residency requirement —Compensation. 16.01.070 Annual report to city council and state librarian. 16.01.010 Created. Pursuant to the authority granted by Section 18900 et seq., of the California Education Code, there is hereby created a board of library trustees, consisting of five members to be appointed by the mayor subject to confirmation by the city council, and serving at the pleasure of the mayor and city council. 16.01.020 Term —Vacancy. A. The members of the board of library trustees shall be appointed for staggered terms of three years. B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the board whose term has expired shall continue to serve until their successor is appointed and sworn into office. 16.01.030 Chair —Offices —Staff support. The board of library trustees shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance to the board as the council deems appropriate. 16.01.040 Bylaws and operating procedures. The board of library trustees may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedures conflicts with this Chapter 16.01, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of board members. 16.01.050 Meetinqs—Functions and authority. A. The board of library trustees shall hold at least one regular meeting each month, shall annually adopt a schedule for such meetings, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Any regular meeting may be dispensed with by a majority vote of the board. Special meetings as are necessary may be called by the chair or a majority of the members of the board after at least twenty-four hours' written notice posted and served upon the members of the board. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950 et seq.). B. A quorum to conduct business consists of a majority of the members of the board. C. A majority of a quorum vote is necessary to act upon a matter. D. The board may administer any trust declared or created for the library, and receive by gift, devise or bequest, and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library. E. The board may purchase necessary books, journals, publication and other personal property. The board may purchase real property, and erect or rent and equip such buildings or rooms as may be necessary, when in its judgment a suitable building has not been provided. F. The board may request the appropriate state officials to furnish the library with copies of any and all reports, laws and other publications of the state not otherwise disposed of by law. G. The board may borrow books from, lend books to, and exchange books with other libraries, and may allow nonresidents to borrow books upon such conditions as the board may prescribe. The board may contract with neighboring cities or the County of San Diego for lending the books of the library to residents of neighboring cities or the county, upon reasonable compensation being paid by the neighboring cities or the county. 16.01.060 Residency requirement —Compensation. The members of the board of library trustees shall be residents, but need not be electors of the city. Board members shall serve without compensation, except that the city council may from time to time pay such expenses of board members that are incurred during the conduct of board business as the council deems appropriate. Adding NCMC Title 16 2 Ordinance No. 2013 — City Boards, Commissions and Committees 16.01.070 Annual report to city council and to state librarian. The chair of the board of library trustees shall, on or before August 31 of each year, report to the city council and to the state librarian on the condition of the library for the year ending the previous June 30. The report shall, in addition to other matters deemed expedient by the board, contain such statistical and other information as is deemed desirable by the state librarian. Chapter 16.02 CIVIL SERVICE COMMISSION Sections: 16.02.010 Created. 16.02.020 Term —Vacancy. 16.02.030 Chair —Offices —Staff support. 16.02.040 Bylaws and operating procedures. 16.02.050 Meetings —Functions and authority. 16.02.060 Residency requirement —Compensation. 16.02.010 Created. Pursuant to the authority granted by Government Code Section 45000 et seq., there is hereby created a civil service commission, consisting of five members to be appointed by and serving at the pleasure of the city council. No person shall be appointed to the commission who holds any salaried city office or employment. Nor shall any member, while on the commission or for a period of one year after their membership on the commission has ended, be eligible for appointment to any position in the competitive service. 16.020.020 Term —Vacancy. A. The members of the civil service commission shall be appointed for staggered terms of five years. Not more than two terms shall expire in the same year. B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the board whose term has expired shall continue to serve until their successor is appointed and sworn into office 16.020.030 Chair —Offices —Staff Support. The civil service commission shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance to the commission as the council deems appropriate. 16.020.040 Bylaws and operating procedures. The civil service commission may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedure conflicts with this Chapter 16.02, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of commission members. 16.020.050 Meetings —Functions and authority. The civil service commission shall: A. Determine the order of business for the conduct of its meetings and hold regular meetings once every other month, and such special meetings as are necessary on call of the chair or a majority of the members of the commission after at least twenty-four hours' written notice has been posted and served upon the members. A majority of the members of the Adding NCMC Title 16 3 Ordinance No. 2013 — City Boards, Commissions and Committees commission shall constitute a quorum for the transaction of business. A majority of a quorum vote is necessary to act upon a matter. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 549850, et seq.) B. Act in an advisory capacity to the city council and the director of human resources on personnel matters in the city service, and when requested by the city council or the director of human resources, hold hearings and make recommendations on any matter of personnel administration. C. Hear appeals submitted by persons in the competitive service, or candidates for a position in the competitive service, relative to any alleged infringement upon their rights and privileges granted by this title or the civil service rules, and certify its findings and recommendations. D. In any investigation or hearing conducted by the commission, have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police or his/her designee to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the civil service commission shall have the power to administer oaths to witnesses. E. Publish and post notices of the examinations for positions in the competitive service, receive applications therefore, conduct and score examinations, and certify to the appointing power a list of all persons eligible for appointment in the appropriate class in the competitive service. The civil service commission shall cause the duties imposed upon it by this paragraph to be performed by the director of human resources. F. Keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. 16.020.060 Residency requirement —Compensation. The members of the civil service commission shall be residents, but need not be electors, of the city. Commission members shall serve without compensation, except that the city council may from time to time pay such expenses of commission members that are incurred during the conduct of commission business as the council deems appropriate. Chapter 16.03 COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT Sections: 16.03.010 Created. 16.03.020 Functions and authority. 16.03.030 Meetings. 16.03.010 Created. Pursuant to the authority granted by Section 34120.5 of the California Health and Safety Code, on March 28, 1978, the city council enacted Ordinance No. 1619, establishing the Committee on Housing and Community Development. The committee consists of nine members, to be appointed by and serving at the pleasure of the city council. On November 3, 2009, the city council enacted Ordinance No. 2009-2326, transferring the functions of the committee to the planning commission. The committee shall be comprised of the seven members of the planning commission, and two ex officio members, as provided in Chapter 16.06. Adding NCMC Title 16 4 Ordinance No. 2013 — City Boards, Commissions and Committees 16.03.020 Functions and authority. The functions and authority of the committee on housing and community development are carried out by the planning commission. Said functions and authority are set forth in Section 16.06.060 of Chapter 16.06 of this Code. 16.03.030 Meetings. The committee on housing and community development shall hold at least one regular meeting per year. Chapter 16.04 COMMUNITY AND POLICE RELATIONS COMMISSION Sections: 16.04.010 Created. 16.04.020 Term —Vacancy. 16.04.030 Chair —Offices —Staff support. 16.04.040 Bylaws and operating procedures. 16.04.050 Mission Statement. 16.04.060 Meetings —Functions and authority. 16.04.070 Compensation. 16.04.010 Created. Pursuant to the authority granted by Sections 36505 and 36506 of the California Government Code, there is hereby created a community and police relations commission, consisting of eight members to be appointed by the mayor, subject to confirmation by the city council, and serving at the pleasure of the mayor and city council. Of the eight members, seven shall be voting members, of which at least five shall be residents, and up to two may be non-residents. The non -voting member shall be a member of the National City Police Officers' Association. A commission member need not be an elector of the city. 16.04.020 Term —Vacancy. A. The members of the community and police relations commission shall be appointed for staggered three year terms. B. If a vacancy shall occur other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the commission whose term has expired shall continue to shall serve until their successor is appointed and sworn into office. 16.04.030 Chair —Offices —Staff support. The community and police relations commission shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance to the commission as the council deems appropriate. 16.04.040 Bylaws and operating procedures. The community and police relations commission may adopt bylaws and operating procedures from time to time, which shall be subject to city council approval, provided that if any provision of such bylaws or operating procedures conflicts with this Chapter 16.04, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of commission members. Adding NCMC Title 16 5 Ordinance No. 2013 — City Boards, Commissions and Committees 16.04.050 Mission Statement. The following shall be the Mission Statement of the community and police relations commission: The commission will 1) provide a forum for citizens to voice their concerns about police conduct, practices, and policies; 2) examine police practices and policies as they pertain to conduct issues; and 3) identify opportunities to ameliorate adversity between the National City Police Department and citizen complainants. It is the intent of the mayor and city council that because of the commission's actions, the relations between the citizens of this city and the police department will improve, and positive communications and cooperation between the police department and the community will be facilitated. 16.04.060 Meetings —Functions and authority. The community and police relations commission shall: A. Determine the order of business for the conduct of its meetings, and hold regular meetings once every three months, and such special meetings as are necessary on call of the chair or a majority of the members of the commission after at least 24 hours' notice in writing has been served upon the members. A majority of the members of the commission shall constitute a quorum for the transaction of business. A majority of a quorum is necessary to act upon a matter. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950 et seq.). B. Receive and monitor or investigate citizen complaints regarding police conduct, but without interfering with the administration of the police department. C. Request and receive supplemental information from the police department regarding citizen complaints and such other matters as the commission may request. D. Allow parties the opportunity to mediate their disputes. E. Make recommendations to the city council regarding additional duties that the commission may perform. F. Make an annual report of its activities, findings and recommendations to the city council. G. Advise on police department operations, and make recommendations on police policy issues. H. Conduct investigations and hold public hearings. The commission has the power to examine witnesses under oath and compel their attendance or production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served, and refusal of a person to attend or testify in answer to such a subpoena shall subject the person to prosecution in the same manner as set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the commission shall have the power to administer oaths to witnesses. Keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. 16.04.070 Compensation. Members of the community and police relations commission shall serve without compensation, except that the city council may from time to time pay such expenses of commission members that are incurred during the conduct of commission business as the council deems appropriate. Adding NCMC Title 16 6 Ordinance No. 2013 — City Boards, Commissions and Committees Chapter 16.05 PARK, RECREATION AND SENIOR CITIZENS' ADVISORY COMMITTEE Sections: 16.05.010 Created. 16.05.020 Term —Vacancy. 16.05.030 Chair —Offices —Staff support. 16.05.040 Bylaws and operating procedures. 16.05.050 Meetings —Functions and authority. 16.05.060 Residency requirement —Compensation. 16.05.010 Created. Pursuant to the authority granted by Sections 36505 — 36506 of the California Government Code, the park and recreation advisory board and senior citizens' advisory committee are dissolved as separate bodies, and are hereby consolidated into the park, recreation, and senior citizens' advisory committee. The park, recreation, and senior citizens' advisory committee shall consist of seven members to be appointed by the mayor subject to confirmation by the city council, and serving at the pleasure of the mayor and city council. 6.05.020 Term —Vacancy. A. The members of the park, recreation, and senior citizens' advisory committee shall be appointed for staggered terms of three years. B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the committee whose term has expired shall continue to serve until their successor is appointed and sworn into office. 16.05.030 Chair —Offices —Staff Support. The park, recreation, and senior citizens' advisory committee shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance as the council deems appropriate. 16.05.040 Bylaws and Operating Procedures. The park, recreation, and senior citizens' advisory committee may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedures conflicts with this Chapter 16.05, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of committee members. 16.05.050 Meetings —Functions and authority. A. The park, recreation, and senior citizens' advisory committee shall hold at least one regular meeting every two months, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. A quorum to conduct business consists of a majority of the members of the committee. A majority of a quorum is necessary to act upon a matter. Any regular meeting may be dispensed with by a majority vote of the committee. Special meetings as are necessary may be called by the chair or a majority of the members of the committee after at least twenty- four hours' written notice has been posted and served upon the members of the committee. All Adding NCMC Title 16 7 Ordinance No. 2013 — City Boards, Commissions and Committees meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950, et seq.). B. The park, recreation, and senior citizens' advisory committee shall advise the city council upon policy and administrative matters concerning the parks owned and operated by the city and concerning the recreation activities conducted in said parks, and serve in an advisory capacity to the city council in all matters pertaining to the senior citizens of the city. The committee shall also conduct such investigations and prepare such reports as it is directed so to do by the city council. 16.05.060 Residency Requirement —Compensation. The members of the park, recreation, and senior citizens' advisory committee shall be residents, but need not be electors, of the city. Committee members shall serve without compensation, except that the city council may from time to time pay such expenses of committee members that are incurred during the conduct of committee business as the council deems appropriate. Chapter 16.06 PLANNING COMMISSION Sections: 16.06.010 Created. 16.06.020 Meetings —Functions and authority. 16.06.030 Terms —Vacancy. 16.06.040 Chair -Offices —Staff support. 16.06.050 Bylaws and operating procedures. 16.06.060 Functions and authority —Planning commission to function as committee on housing and community development —Ex officio members. 16.06.070 Residency requirement —Compensation. 16.06.080 Advisory members. 16.06.010 Created. Pursuant to the authority granted by Section 65000 et seq., of the California Government Code, there is hereby created a planning commission, consisting of seven members to be appointed by and serving at the pleasure of the city council. 16.06.020 Meetings —Functions and authority. A. The planning commission shall hold two regular meetings each month, shall annually adopt a schedule for such meetings, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Any regular meeting may be dispensed with by a majority vote of the planning commission. Special meetings as are necessary may be called by the chair or a majority of the commission after at least twenty-four hours' written notice has been posted and served upon the members of the commission. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950 et seq.). B. The functions of the planning commission include periodically reviewing and revising, as necessary, the general plan; implementing the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances; annually reviewing the capital improvement program of the City and local public works projects of other local agencies for their consistency with the general plan; endeavoring to Adding NCMC Title 16 8 Ordinance No. 2013 — City Boards, Commissions and Committees promote public interest in, comment on, and understanding of the general plan and regulations relating to it; consulting and advising with public officials and agencies, public utility companies, civic, educational, professional, as well as other organizations, and citizens generally concerning implementation of the general plan; promoting the coordination of local plans and programs with the plans and programs of other public agencies; performing other functions as the City Council provides, including conducting studies and preparing plans other than those required or authorized by the Government Code; conducting hearings, taking evidence, examining witnesses under oath and compelling their attendance or production of evidence by issuance of subpoenas, and making decisions. C. A quorum to conduct business consists of a majority of the members holding office. D. A majority of a quorum vote is necessary to act upon a matter, and a tie -vote on an appeal regarding a decision of the development services director shall affirm the action of the development services director. E. The planning commission may sit as a body to hear and determine an appeal it is authorized to conduct or it may appoint a hearing panel to consist of one or more members to hear the appeal, take evidence, and render a decision in any individual case, in which event the decision so rendered on the appeal shall then constitute the decision of the commission. A decision rendered pursuant to this subsection is appealable to the city council only when authorized by the municipal code. F. In any investigation or hearing conducted by the commission, it has the power to examine witnesses under oath and compel their attendance for production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police or his/her designee to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the commission shall have the power to administer oaths to witnesses. 16.06.030 Terms —Vacancy. A. The members of the planning commission shall be appointed for staggered terms of four years. Not more than two terms shall expire in the same year. B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term. C. In the event of expiration of a term, the member of the commission whose term has expired shall continue to serve until their successor is appointed and sworn into office. 16.06.040 Chair -Offices —Staff support. The planning commission shall elect its chair from among the appointed members for a term of one year and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance to the commission as the council deems appropriate. 16.06.050 Bylaws and operating procedures. The planning commission may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedure conflicts with this Chapter 16.06, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of commission members. 16.06.060 Functions and authority —Planning commission to function as committee on housing and community development —Ex officio members. A. In addition to the functions conferred upon it by the municipal code and by state law, the planning commission shall also act in the capacity and carry out the functions of the board of the committee on housing and community development (the "committee"). Adding NCMC Title 16 9 Ordinance No. 2013 — City Boards, Commissions and Committees B. The committee shall be comprised of the seven members of the planning commission, who shall sit as the board of the committee when the commission is acting in the capacity and carrying out the functions of the committee. In addition, the city council shall appoint two ex officio members to four-year terms, who shall be tenants of the community development commission of the City of National City (the "CDC"), and one of whom shall be over sixty-two years of age. Said ex officio members shall sit with the seven members of the commission on such occasions as the commission is acting in the capacity and carrying out the functions of the committee. Said ex officio members shall serve at the pleasure of the city council. C. The commission, when acting in the capacity of and carrying out the functions of the committee, shall utilize a committee agenda, which shall be separate and distinct from the commission agenda. Except for special meetings of either body, meetings of the commission and the committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. D. The chair and vice -chair of the planning commission shall also be the chair and vice -char of the committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the housing and community development committee pursuant to the city's conflict of interest code. E. The purpose of the committee shall be to encourage communication from persons, organizations and institutions in the City of National City, and to give advice and make recommendations to the CDC or to the projects, programs and policies, including the following: 1. The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. 2. Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with federal and state laws relating to housing and neighborhood improvements. The committee shall, after its establishment, limit its review and recommendations to those matters set forth in this subsection E through its by-laws. 16.06.070 Residency requirement —Compensation. The members of the planning commission, including the two ex officio members of the committee on housing and community development, shall be residents, but need not be electors, of the city. Compensation of planning commission members shall be determined periodically by resolution of the city council. 16.06.080 Advisory members. The city attorney and the development services director shall be advisory members of the planning commission, and shall be without power to vote on any matters submitted to said planning commission. Chapter 16.07 PUBLIC ART COMMITTEE Sections: 16.07.010 Created. 16.07.020 Term —Vacancy. 16.07.030 Chair —Offices —Staff support. 16.07.040 Bylaws and operating procedures. 16.07.050 Meetings —Functions and authority. 16.07.060 Residency requirement —Compensation. Adding NCMC Title 16 10 Ordinance No. 2013 — City Boards, Commissions and Committees 16.07.010 Created. Pursuant to the authority granted by Sections 36505 — 36506 of the California Government Code, there is hereby created a public art committee, consisting of five members to be appointed by the mayor subject to confirmation by the city council, and serving at the pleasure of the mayor and city council. 16.07.020 Term —Vacancy. A. The members of the public art committee shall be appointed for staggered terms of three years. B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the committee whose term has expired shall continue to serve until their successor is appointed and sworn into office. 16.07.030 Chair —Offices —Staff support. The public art committee shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance as the council deems appropriate. 16.07.040 Bylaws and operating procedures. The public art committee may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedures conflicts with this Chapter 16.07, this Chapter shall prevail. The bylaws shall include provisions relating to attendance of committee members. 16.07.040 Meetinqs—Functions and authority. A. The public art committee shall hold at least one regular meeting quarterly and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Any regular meeting may be dispensed with by a majority vote of the committee. Special meetings as are necessary may be called by the chair or a majority of the members of the committee after at least twenty-four hours' written notice has been posted and served upon the members of the committee. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950 et seq.). B. The committee shall consider and advise the city council on matters relating to public art. C A quorum to conduct business consists of a majority of the members of the committee. D. A majority of a quorum is necessary to act upon a matter. 16.07.050 Residency requirement —Compensation. The members of the public art committee may be residents or non-residents of the city. Committee members shall serve without compensation, except that the city council may from time to time pay such expenses of committee members that are incurred during the conduct of committee business as the council deems appropriate. Adding NCMC Title 16 11 Ordinance No. 2013 — City Boards, Commissions and Committees Chapter 16.08 TRAFFIC SAFETY COMMITTEE Sections: 16.08.010 Created. 16.08.020 Term —Vacancy. 16.08.030 Chair —Offices —Staff support. 16.08.040 Bylaws and operating procedures. 16.08.050 Meetings —Functions and authority. 16.08.060 Residency requirement —Compensation. 16.08.010 Created. Pursuant to the authority granted by Sections 36505 — 36506 of the California Government Code, there is hereby created a traffic safety committee, consisting of five members to be appointed by the mayor subject to confirmation by the city council, and serving at the pleasure of the mayor and city council. 16.08.020 Term —Vacancy. A. The members of the traffic safety committee shall be appointed for staggered terms of three years. B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term in the same manner as original appointments are made. C. In the event of expiration of a term, the member of the committee whose term has expired shall continue to serve until their successor is appointed and sworn into office. 16.08.030 Chair —Offices —Staff support. The traffic safety committee shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance as the council deems appropriate. 16.08.040 Bylaws and operating procedures. The traffic safety committee may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedures conflicts with this Chapter 16.08, this Chapter shall prevail. The bylaws shall contain provisions relating to attendance of committee members. 16.08.040 Meetings —Functions and authority. A. The traffic safety committee shall hold at least one regular meeting each month, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Any regular meeting may be dispensed with by a majority vote of the committee. Special meetings as are necessary may be called by the chair or a majority of the members of the committee after at least twenty-four hours' written notice has been posted and served upon the members of the committee. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law", California Government Code Section 54950 et seq.). B. The committee shall investigate, consider and act upon all matters referred to it by appropriate public officials or agencies or private citizens concerning traffic safety in the city; conduct such investigations and prepare such reports as it is directed so to do by the city council; conduct investigations and prepare such reports as it deems appropriate upon request of responsible private citizens or organizations. Adding NCMC Title 16 12 Ordinance No. 2013 — City Boards, Commissions and Committees C. A quorum to conduct business consists of a majority of the members of the committee. D. A majority of a quorum is necessary to act upon a matter. 16.08.050 Residency requirement -Compensation. The members of the traffic safety committee shall be residents, but need not be electors, of the city. Committee members shall serve without compensation, except that the city council may from time to time pay such expenses of committee members that are incurred during the conduct of committee business as the council deems appropriate. Sections: 16.09.010 16.09.020 16.09.030 Chapter 16.09 PROVISIONS APPLICABLE TO ALL BOARDS, COMMISSIONS, AND COMMITTEES Alternate members. Annual report to City Council. Term expiration dates. 16.09.010 Alternate members. In addition to regular appointments, the city council may appoint an alternate member or members to any board, commission or committee. An applicant for appointment as an alternate member shall be subject to the same application and interview procedures as are applicants for regular appointments. Alternate members so appointed shall attend each meeting of the board, commission or committee to which they are appointed, but shall participate in a meeting only in the event of the absence of the regular member. At such time as a vacancy occurs on a board, commission or committee, an alternate member is automatically eligible for appointment as a regular member, provided the alternate member is in good standing (e.g., good attendance record). 16.09.020 Annual report to city council. The chair of each board, commission and committee shall appear before the city council on an annual basis and present a brief report on the activities and accomplishments of the board, commission or committee that they chair during the previous year. Such report shall also include a presentation of the record of attendance of the members of the board, commission or committee that is the subject of the report. 16.09.030 Term expiration dates. For all appointments made to boards, commissions and committees subsequent to the effective date of this Chapter, the term of each appointment shall expire on March 31 or September 30, unless otherwise determined by the city council at the time of appointment. Section 2. That the Tree Committee, sometimes referred to as the Street Tree and Parkway Committee, is hereby dissolved. Section 3. That Chapters 2.28 and 2.52, and Section 3.08.020 of the Municipal Code; Resolution Nos. 5797, 7707, 8201, 8773, 9030, 9334, 10218, 10332, 11155, 11207, 11664, 11737, 12306, 14350, 14351, 14352, 14353, 14354, 2004-15, 2004-131; and Ordinance Nos. 729, 1062, 1076, 1324, 1440, 1449, 1562, 1563, 1619, 1824, 1825, 1826, 1829, and 1834 are hereby repealed. Adding NCMC Title 16 13 Ordinance No. 2013 - City Boards, Commissions and Committees Section 4. The City Council declares that the judicial invalidity of any provision of this ordinance shall not affect the validity of any other remaining provisions, and that the City Council would have adopted each of those remaining provisions, notwithstanding any later declared invalidity. If any provision of this ordinance determined to be invalid can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this day of , 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Adding NCMC Title 16 Ron Morrison, Mayor 14 Ordinance No. 2013 — City Boards, Commissions and Committees CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 15, 2013 AGENDA ITEM NO. 2 - ITEM TITLE: Resolution - Authorization of Execution of an Order of Vacation for the northerly 160 feet of the alley between 11th and 12th Streets east of National City Blvd. as part of the Revolution 2 project. (Applicant: The Focus Group.) (Case File No. 2012-16 SC) /LY - PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 619-336-4313 APPROVED BY: EXPLANATION: On January 15, 2013 the Council approved the Street Vacation request. The attached Resolution is needed to follow through on the action. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section Class 32 Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION: N/A ",TTAC H M E NTS: . Resolution 2. Order of Vacation RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ORDER OF VACATION OF THE NORTHERLY 160 FEET OF THE ALLEY BETWEEN 11TH STREET AND EAST 12TH STREET, EAST OF NATIONAL CITY BOULEVARD APPLICANT: THE FOCUS GROUP CASE FILE NO. 2012-16 SC WHEREAS, application was made requesting to vacate and close the northerly 160 feet of the alley between 11th Street and 12th Street, east of National City Boulevard, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full, in the City of National City, County of San Diego, State of California; and WHEREAS, on October 30, 2012, the City Council conducted a hearing and initiated the said proposed vacation and closure of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard; and WHEREAS, the City Engineer has caused notice of said vacations and closures to be posted in the manner specified by law; and WHEREAS, on November 19, 2012, the Planning Commission considered the proposed vacation and closure, and found and determined that the vacation and closure of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard. conforms with the City's adopted General Plan; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the California Streets and Highways Code in order to abandon said street have been done and accomplished; and WHEREAS, a public hearing was held on December 18, 2012 and continued to the meeting of January 15, 2013, in the City Council Chamber, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, at the January 15, 2013 public hearing, the City Council found, from all evidence submitted, that said northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard is unnecessary for present or prospective public use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard, does not provide a benefit for an access public right-of-way or for future utilities; and WHEREAS, the City Council at said hearing further found that vacation and closure of the northerly 160 feet of the alley between 11th and 12th Streets, east of National City Boulevard, are in conformity with the adopted General Plan; and Resolution No. 2013 — January 15, 2013 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Street Vacation based on the following findings: 1. That the portion of alley to be vacated is unnecessary for present or prospective public use, since all of the properties abutting the area proposed to be vacated are owned by the project proponent, who wishes to redevelop their properties, and since access to 12th Street is still provided from National City Boulevard and "A" Avenue. 2. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the alleyway is not identified as critical access in the Circulation Element of the General Plan. 3. That there are no policies or goals in the General Plan that the proposed vacation would conflict with. 4. That the vacation of the alley would allow for efficient and cohesive development of underdeveloped and vacant properties, a goal which is consistent with the General Plan. BE IT FURTHER RESOLVED that the alley vacation is approved subject to the following conditions: 1. The alley vacation shall only occur if the associated Downtown Specific Plan Consistency Review (2012-16 DSP) is approved. 2. A Preliminary Title Report and a policy of title insurance shall be provided prior to recordation of the Order to Vacate. 3. The owner and developer shall provide easements for sewer and any other public utilities within the alley after vacation of said alley. All easements shall remain in place until the utilities have been removed or replaced. 4. The Resolution ordering Vacation shall not be recorded until the above conditions have been satisfied. BE IT FURTHER RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order of Vacation of the above described portion of public right-of-way. 2. That the vacation of the above described portion of public right-of-way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 3. That the right-of-way to be vacated is not needed for present or future public use and/or for utility service, since the properties abutting the street under consideration will continue to have access to public streets and utilities. Resolution No. 2013 — January 15, 2013 Page Three 4. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, adjacent streets will allow for the same through travel. 5. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since there are no improvements proposed for the area, and since the area will continue to provide residential and emergency access to the area. 6. That the City Clerk is hereby authorized and directed to cause a certified copy of subject Order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8325 of the California Streets and Highways Code. 7. That from and after the date that this Resolution is recorded, the above -described portion of public right-of-way no longer constitutes a street, except as reserved and excepted herein. PASSED and ADOPTED this 15th day of January, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor ORDER OF VACATION The City of National City, by authority of Resolution No. 2013-_ duly adopted on January 15, 2013, by the City Council of the City of National City, hereby orders the vacation of the northerly 160 of the alley between 11th and 12th Streets east of National City Boulevard more particularly described in Exhibit "A", attached hereto. Executed this 15th day of January, 2013. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK w - - -1 1 ��.FOCUS HOLDING CO., LLC EXHIBIT "A" 1 R le 1$ MAP 16807 APN 556-554-25 FOCUS ROWING CO., LLC ms•a•u•c 10.0o• LOT 2 TTH _ STREET SO•E US.30 I 1 2• WYW A. WP6 ,]PYIf] 1s.T-t1 ITEM #23 1 /15/13 ACCESS CABLE TERMINATION OF CABLE SERVICES AS OF JANUARY 1, 2013 (HOUSING & GRANTS) ITEM #24 1/15/13 ENTERPRISE ZONE UPDATE (HOUSING & GRANTS)