HomeMy WebLinkAbout2013 04-16 CC HA AGENDA PKTRON MORRISON
Mayor
L UIS NATIVIDAD
Vice Mayor
JERRY CANO
Councilmember
MONA RIOS
Councilmember
ALEJANDRA SOTELO-SOUS
Councilmember
1243 National City Blvd.
National City, CA 91950
619-336-4300
Meeting agendas and
minutes available on web
WWW.NA TIONALCITYCA. GOV
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, APRIL 16, 2013 — 6:00 PM
ORDER OF BUSINESS: Public sessions of all Regular Meetings of the
City Council / Community Development Commission - Housing
Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on
the first and third Tuesday of each month. Public Hearings begin at
6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m.
or such other time as noted. If a workshop is scheduled, the subject
and time of the workshop will appear on the agenda. The Mayor and
Council members also sit as the Chairperson and Members of the
Board of the Community Development Commission (CDC).
REPORTS: All open session agenda items and reports as well as all
documents and writings distributed to the Elected Body less than 72
hours prior to the meeting, are available for review at the entry to the
Council Chambers. Regular Meetings of the Elected Body are webcast
and archived on the City's website www.nationalcityca.gov.
PUBLIC COMMENTS: Prior to the Business portion of the agenda, the
Elected Body will receive public comments regarding any matters
within the jurisdiction of the City and/or the Community Development
Commission. Members of the public may also address any item on the
agenda at the time the item is considered by the Elected Body.
Persons who wish to address the Elected Body are requested to fill out
a "Request to Speak" form available at the entrance to the City Council
Chambers, and turn in the completed form to the City Clerk. The Mayor
or Chairperson will separately call for testimony of those persons who
have turned in a "Request to Speak" form. If you wish to speak, please
step to the podium at the appropriate time and state your name and
address (optional) for the record. The time limit established for public
testimony is three minutes per speaker unless a different time limit is
announced. Speakers are encouraged to be brief. The Mayor or
Chairperson may limit the length of comments due to the number of
persons wishing to speak or if comments become repetitious or
irrelevant.
WRITTEN AGENDA: With limited exceptions, the Elected Body may
take action only upon items appearing on the written agenda. Items
not appearing on the agenda must be brought back on a subsequent
agenda unless they are of a demonstrated emergency or urgent
nature, and the need to take action on such items arose after the
agenda was posted.
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
CC/CDC Agenda
4/16/2013 — Page 2
to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available
in the lobby at the beginning of the meeting.
Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos
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.
CC/CDC Agenda
4/16/2013 -- Page 3
OPEN TO THE PUBLIC
CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS
1. Proclaiming the week of April 14, 2013 as: "NATIONAL PUBLIC SAFETY
TELECOMMUNICATORS' WEEK"
2. Proclaiming May 2013 as: "BIKE TO WORK MONTH"
3. Proclaiming May 1, 2013 as: "LAW ENFORCEMENT OFFICERS'
MEMORIAL DAY"
4. Proclaiming May 2, 2013 as: "NATIONAL DAY OF PRAYER"
PRESENTATIONS
5. Public Art Committee Update (Community Services- Public Art Chair)
INTERVIEWS / APPOINTMENTS
1111
CONSENT CALENDAR
6. Approval of the Minutes of the Regular Meeting of the City Council and
Community Development Commission - Housing Authority of the City of
National City of April 2, 2013. (City Clerk)
7. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Third Amendment to the current contract with Atkins
North America, Inc. for sewer billing services, tax roll preparation/financial
administrative services for the not to exceed amount of $45,867 for fiscal
year ending 2014. The appropriations for the prior years have been
expended and this Third Amendment to the current contract will increase
the overall agreement to $137,601. Funds are available in the
Wastewater Division contract service account. (Public Works)
CC/CDC Agenda
4/16/2013 — Page 4
8. Resolution of the City Council of National City accepting the work of West -
Tech Contracting, Inc. approving the final contract amount of $29,675.00,
authorizing the release of retention and ratify the filing of a Notice of
Completion for the Underground Storage Tank Removal Project, 2020
Hoover Avenue, Specification No. 12-08 (Funded by General Fund)
(Engineering)
9. Resolution of the City Council of the City of National City waiving the bid
process by utilizing Western States Contracting Alliance (WSCA) contract
B27160, and authorizing the purchase from Dell Inc. of Desktop
Computers, and Microsoft Office Software for an amount not to exceed
$234,870.00 (Information Technology)
10. Temporary Use Permit - Movies in the Park on June 14th, July 12th,
August 9th and September 13th, 2013 at various city locations from 6pm
to 9pm. This is a National City sponsored event per Council Policy #804.
(Neighborhood Services)
11. Warrant Register #37 for the period of 03/06/13 through 03/12/13 in the
amount of $469,433.02. (Finance)
12. Warrant Register #38 for the period of 03/13/13 through 03/19/13 in the
amount of $1,633,649.63. (Finance)
PUBLIC HEARINGS
13. Public Hearing on the Housing Element General Plan Amendment (Case
No. 2013-08 GP), pursuant to Article 10.6 of the Government Code
(Sections 65880 et al), a comprehensive strategy for promoting the
production, preservation, and maintenance of affordable housing to meet
current and future community housing needs. (Planning)
ORDINANCES FOR INTRODUCTION
ORDINANCES FOR ADOPTION
NON CONSENT RESOLUTIONS
14. Resolution adopting the Housing Element Update General Plan
Amendment (Case No. 2013-08 GP), pursuant to Article 10.6 of the
Government Code (Sections 65880 et al), a comprehensive strategy for
promoting the production, preservation, and maintenance of affordable
housing to meet current and future community housing needs. (Planning)
CC/CDC Agenda
4/16/2013 — Page 5
NEW BUSINESS
15. Temporary Use Permit - Safe Summer Slam sponsored by Operation
Samahan at 2841 Highland Avenue on May 18, 2013 from 8 am to 5 pm
with no waiver of fees. (Neighborhood Services)
16. Temporary Use Permit - Mabuhay Festival & 115TH Philippine
Independence Celebration at Kimball Park on June 8, 2013 from 10 a.m.
to 4 p.m. with no waiver of fees. (Neighborhood Services)
17. Proposed dates for a City Council Workshop on City Council Policy
Manual (Chapter 100 Policies). (City Manager)
18. Request from the Boys & Girls Clubs of Greater San Diego to re -name the
National City Branch in recognition of a prospective donor willing to
contribute $1 million to the National City Branch. (City Manager/City
Attorney)
COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY
PUBLIC HEARINGS- HOUSING AUTHORITY
NON CONSENT RESOLUTIONS- HOUSING AUTHORITY
NEW BUSINESS- HOUSING AUTHORITY
STAFF REPORTS
MAYOR AND CITY COUNCIL
CLOSED SESSION REPORT
ADJOURNMENT
Adjourned National City Council/Community Development/Housing
Authority of the City of National City Meeting - Strategic Planning and FY
2013-2014 Budget Workshop - Tuesday, April 30, 2013 - 6:00 p.m. -
Council Chambers - National City, California.
Regular City Council/Community Development/Housing Authority of the
City of National City Meeting - Tuesday - May 7, 2013 - 6:00 p.m. -
Council Chambers - National City, California.
ITEM #
4/19/1
ITEM #2
4/16/13
ITEM #3
4/16/13
ITEM #4.
4/16/13
ITEM #5
4/16/13
woftvIA
n
port public art: curatorial strategy
projects funded through the port public art fund • adopted janua'ry 2012
curatorial strategy
energy
creative direction: green
Comnhission an artist to create a
renewable energy artwork to be
exhibited in the South Bay
Funding: $130,000
Eligibility: California artists
Exhibition target: 2014-201S
(one year)
curatorial strategy
land art
creative direction: green
Commission five artists for a group
exhibition of artworks which are Inspired
by the physical character of their
environment
Funding: $540,000
Eligibility: International artists
Exhibition target: 2016-2017
(one year)
curatorial strategy
climate
creative direction: green
Commission an artist to develop a multi -
site artwork that addresses climate
Funding: $130,000
Eligibility: National artists
Exhibition target: 2015-2016
(one year)
3
curatorial strategy
import/export
creative tiirectlan: working
Conurilision an artist to create a multi -
site artwork for the Port's maritime
terminals that explores the pores
geographical reach in movement of
goods and materials
Funding: $220,000
Eligibility: International artists
Exhibition target 2015-2016
(9-12 months)
curatorial strategy
wrap
creative direction: working
Commission an artist to create a multi -
site wrap that creatively reveals aspects
of the working port and links the Port's
maritime terminals
Funding: $125,000
Eligibility: National artists
Exhibition target: 2014-2015
(one year)
curatorial strate
artist -in -residence
creative direction: working
Launch two artist residencies for In-
depth exploration of the maritime
industries
Funding: $75,000
Eligibility: Sari Diego County artists
Two residencies: 2014 & 2016
S
curatorial strategy
connector
creative direction: public
Commission an artist to create a
transportable artwork that will travel
to a location in each of the five
member cities
Funding: $300,000
Eligibility: International artists
Exhibition target: 2014-2015
(15 months, 3 months each location )
curatorial strategy
light
creative direction: public
Commission an artist to develop a light -
based artwork that serves as focal point
in the South Bay
Funding: $110,000
Eligibility: National artists
Exhibition target: 2016-2017
(6-9 months)
curatorial strategy
water
creative direction: public
Commission an artist to develop an
artwork that interacts with the water in
some way
Funding: $200,000
Eligibility: International artists
Exhibition target: 2015
(6-9 months)
curatorial str4tegy
tideLANDS -5
creative direction. public
Launch a new annual: commissioning
program for artistic exploration of the
tidelands
Funding: $400,000
Eligibility: California artists
Exhibition targets: 2013-2017
(up to 6 months)
Item # 6
04/16/13
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 APRIL 2, 2013.
(City Clerk)
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 7
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment
to the current contract with Atkins North America, Inc. for sewer billing services, tax roll preparation/financial
administrative services for the not to exceed amount of $45,867 for fiscal year ending 2014. The appropriations
for the prior years have been expended and this Third Amendment to the current contract will increase the
overall agreement to $137,601. Funds are available in the Wastewater Division contract service account.
PREPARED BY: Joe Smith
PHONE: 336- 4587
EXPLANATION:
See attached explanation.
FINANCIAL STATEMENT:
ACCOUNT NO. 125-422-222-299-0000
;Increase Agreement by $45,867
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
DEPARTMENT: Public Works
APPROVED BY: �[� ' M-
ch
APPROVED:
APPROVED:
STAFF RECOMMENDATION:
Approve the Third Amended Agreement with Atkins North America
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Explanation
Third Amendment
Exhibit "A"
April 16, 2013
Explanation
On June 17, 2003 the City Council, by resolution number 2003-88 approved the creation of a
database that was used to transfer the collection of sewer service fees to the County of San Diego
Tax Rolls. Each year since we have created a similar database that is delivered to the County of San
Diego Assessor's office for this reason. This Resolution and Third Amended Agreement will
provide similar Sewer Billing, Tax Roll Administration and financial services for Fiscal Year 2013-
2014. If approved Atkins North America, Inc., (Atkins) will provide these services at the same rate
of compensation and at the same terms as stated in our present agreement through June 08, 2014.
The cost of these services shall not exceed the contract amount, of $45,867 without prior written
approval from the City. This Third Amendment to the current contract will increase the overall
agreement amount, between the City of National City and Atkins to $137,601. This Amendment is
allowed under Section 6 of the agreement, (Length of the Agreement) and will be funded through
the Wastewater Division's contract services account number 125-422-222-299.
This agreement will provide continued assistance with annual administration of our sewer service
billing. This will include the updating of any changes that may have occurred to the customer
database. These changes will be matched with the Sweetwater Authority's water accounts as well
as the County Assessor's information and the associated charges from these changes will be
applied. Atkins will then prepare a list of these changes for Council approval subsequent to a
public hearing. Once approved, a sewer billing data tape will be provided to the County
Assessor's office for their review, approval, and implementation.
This agreement will also include database review, tracking reports and other services required to
match Sweetwater Authority's meter data, County Assessor information and/or National City's
records. In addition, Atkins staff members will respond to customer phone calls, written inquiries
and assist City staff to respond to billing questions.
This amendment will allow sufficient time to interface with Sweetwater Authority, compile the
needed data from City departments and their staff, build a compatible database, perform quality
control review, (Q&A) prepare for a public hearing, and then perform a second round of Q&A
with County staff to insure the billing data is accurate prior to going on the tax rolls. These tasks
must be preformed in a timely manner to insure that all information is delivered to the County
prior to their mandated deadlines.
Staff believes that because of Atkins' intimate knowledge of National City's Sewer billing matrix
and database format that they are best qualified to provide the City consultant services to
accomplish this task within the deadlines set by the County Assessor. Should the City fail to
meet the County's deadline National City will not be allowed to use the County's Tax Roll as a
vehicle to deliver our Sewer Service billing and the City could lose sewer service fee revenue.
THIRD AMENDMENT TO AGREEMENT
BY AND BETWEEN THE CITY OF NATIONAL CITY
AND ATKINS NORTH AMERICA, INC.,
FOR SEWER BILLING AND,TAX ROLL PREPARATION
AND ADMINISTRATION SERVICES
This Third Amendment to Agreement is entered into this 16th day of April, 2013, by and between
the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ATKINS NORTH AMERICA,
INC., a consulting engineering firm (the "CONSULTANT").
RECITALS
A. WHEREAS, on June 08, 2010, CITY and Consultant, entered into an agreement entitled
Agreement by and between the City of National City and Post, Buckley, Schuh & Jernigan, Inc., D/B/A
PBS&Jto provide sewer Billing and Tax Roll preparation and administrative service for Fiscal Year 2010-
2011, for the not -to -exceed amount of $45,867.
B. On April 19, 2011, CITY and CONSULTANT entered into a First Amendment to the
Agreement memorializing the name change of the CONSULTANT from Post, Buckley, Schuh & Jernigan,
Inc., ( PBS&J) to Atkins North America, Inc., effective April 1, 2011, and amended Section 6 of the
Agreement (Length of the Agreement), to extend the term for one year for Fiscal Year 2011-2012, expiring
on June 8, 2012, for the same amount of compensation.
C. On April 17, 2012, CITY and CONSULTANT (together the "PARTIES") entered into a
Second Amendment to the Agreement and amended Section 6 of the Agreement (Length of the Agreement),
to extend the term for one year for Fiscal Year 2012-2013, expiring on June 8, 2013, for the same amount of
compensation.
D. The Parties now desire to amend Section 6 of the Agreement to extend the term of the
Agreement for an additional one-year term through June 8, 2014, forservices for Fiscal Year 2013-2014, for
the not to exceed amount of $45,867.
NOW, THEREFORE, the PARTIES hereto agree that the Agreement entered into on June 8, 2010,
shall be amended by extending the term of the Agreement for an additional one-year term for the not -to -
exceed amount of $45,867 for Fiscal Year 2013-2014, as set forth in the attached Exhibit "A".
The PARTIES further agree that with the foregoing exception, each and every term and provision of
the Agreement dated June 8, 2010, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
ATKINS NORTH AMERICA, INC.
By:
Carmen Kasner
Vice President/Senior Group Iviager
n Bartholomew
Claudia Gacitua Silva Associate Vice President
City Attorney
Exhibit A
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
POST, BUCKLEY, SCHUH & JERNIGAN, Inc. D/B/A PBS&J
THIS AGREEMENT is entered into this 8th day of June, 2010, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Post, Buckley,
Schuh & Jernigan, Inc. (D/B/A PBS&J), a Consulting Engineering Firm (the "CONSULTANT")
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide Sewer
Billing / Tax Roll preparation and administration services for Fiscal Year 2010-2011.
WHEREAS, the CITY has determined that the CONSULTANT is an engineering
firm and is qualified by experience and ability to perform the services desired by the CITY, and
the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1.. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to
engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services
hereinafter set forth in accordance with all terns and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision_of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the C1TY. The CONSULTANT shall appear at meetings as required to keep staff
and City Council advised of the progress on the Project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the C1TY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the compensation
associated with said change in services.
3. PROJECT COORDINATION AND SUPERVISION.
Joe Smith hereby is designated as the Project Coordinator for the CITY and will
monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single
Project Director to provide supervision and have overall responsibility for .the _progress and
execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the
Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $45,867 without prior written
authorization from the CITY. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished consistent
with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested,
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed.and the
manner of performance, the acceptable completion of this Agreement, and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other
written notice. Within ten (10) business days, the CONSULTANT and the City shall each
prepare a report which supports their position and file the same with the other party. The City
shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. The term of this agreement is for a
period of one year from the date of signature of agreement, with the CITY having an option to
extend, for an addition one year at the same rate of compensation stated in section 4, for up to
three years.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by
the CONSULTANT for this Project, whether paper or electronic, chai1 become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
2
aty's Standard agreement-2009 revision
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the
rights, benefits, or privileges of the CITY's employees, including but not limited to retirement,
medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or -
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adh-.-the-. -
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S
employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY, it
being understood that the CONSULTANT its agents, servants, and employees are as to the CITY
wholly independent. CONSULTANT, and that the CONSULTANT'S obligations to the CITY are
solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall comply with all applicable State and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
Cty's sundatd Ap eenient —2009 revision
of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES. PERMITS. ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants that
the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term
of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the C1TY otherwise, the CONSULTANT warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national: origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
4
City's Standard Agreement 2009 revision
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been
or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the servicesor the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent
performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT ehall comply
with all of theprovisionsof the Workers' Compensation Insurance and -Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attomey's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this -Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shalfrequire its SUBCONSULTANT(S), when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance policies:
5
City's standard Agreement —2009 revisioc
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage
arising out of' its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The -aforesaid policies shall constitute primary insurance as to the C1TY,
its officers, employees; and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance: Said policies shall provide for thirty (30) days prior
written notice to the C1TY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and.emplo'cec as additional
insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term {and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
L Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A via
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved bytb
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (I FSLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with,are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles- and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
6
C ity's Standard
—2009 revision
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by fmal judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be bome equally by the parties. Any controversy or claim arising out of,
or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
thearbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause bythe CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition inbankruptcy affecting the CONSULTANT; (2) a
Citys Standard Agreement —2009 revision
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the liike); or sent by registered or certified mail, postage prepaid, retum
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex; telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by ovemight mail, the business day following its deposit in such ovemight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,request, demand,
direction or other conununication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
Joe Smith
Director of Public Works
1243 National City Boulevard
National City, CA 91950-4301
To CONSULTANT: PBS&J•
9275 Sky Park Court, suite 200
San Diego, CA 92123
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight _(4S). h
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests .conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a fmancial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
8
cagys standard Agreement-4009 revision
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of anyviolation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shad be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
—�ereo�
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
L Entire Agreement. This. Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party isof
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
(5ty's Standard Agreement —2009 revision
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
POST, BUCKLEY, SCHUH & JERNIGAN,
Inc. (DB/A PBS&J)
(corporation -signatures of nso corporate officers) .
(Partnership -one signature)
(Sok proprietorship -one signature)
BY e"liC
By:
(Name)
Richard M. Grubel
(Print)
Senior Vice President
(Title)
(Narne)
Rene de los Rios
10
(Print)
Assistant See tarYi �poaier`,,,, . .. .
�'' CHUB ,
(Title) .'•�c', otsPOi 9y'.
.mac �V% 8,_
SEAL
's 2` it0
'y'
�R10419G0' S
i,
esisinatnuu(N",,`,
City's standard Agreement 2009 ierision
Exhibit "A"
M emPlo)ve-owned company
May 6, 2010
Mr. Joe H. A. Smith
Director of Public Works
City of National City
Public Works Department
2100 Hover Ave.
National City, CA 91950
SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF
NATIONAL CITY FOR TAX ROLL ADMINISTRATION FOR FISCAL YEAR
ENDING 2010
Dear Mr. Smith:
In response to your request,. PBS&J is pleased to submit this proposal to the City of National City
(City) for financial services for the Tax Roll Administration for Annual Sewer Service Charges for.
Fiscal Year Ending 2010.
It is our understanding that the City desires continued assistance with the annual administration
of their sewer service charges billed on the property tax bills. As part of this administration, there
is ongoing customer service required for commercial property owners who request detailed
breakdowns of sewer charges as they relate to multiple water meters that fail within their
properties. The number of calls remains steady throughout the year, whichbegins in September
when the property bills are first sent out by the County of San Diego to the property owners,
then continue throughout the year as property owners review their charges. The City's Public
Works staff initially handles phone calls and, If additional research or explanation is required,
the calls are forwarded to our team to follow up on them. Based on last year's calls and the
number of calls already received since September, we anticipate approximately 30 phone calls
that-will•-require-research-and-preparation-eft-le_ttere ax..
The tax roll administration for each fiscal year begins in January with coordination with
Sweetwater Authority to update the annual water consumption data. In June, current parcel
information from the County and business license data and building permits data from the City
are used to update the sewer customer database. The charges are prepared for adoption by the
City Council in late July of each year and are then placed on the tax roll. In addition to the tax
roll administration, properties, such as schools and state and federal govemments that do not
pay property taxes, require a direct bill to be mailed out for the collection of sewer charges. We
prepare these letters annually.
Our proposed Scope of Services is outlined in "Attachment A" and our fees and Conditions are
outlined in "Attachment B " It should be noted that there Is no change in the fees from our 2009
proposal. The level of effort remains the same as it has for the past year.
9275 Sig Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax 858.514.1001.•_www.pbsieorn
Mays, 2010
Joe H.A. Smith
Page 2 of 2
We appreciate the opportunity of offering this proposal and we look forward to working with you on
this project. If you have any questions, please call our Project Manager, Karyn Keese, at
858.514.1008.
Respectfully submitted,
PBS&J
Dean Gy
Assodate Vice P=sident
Attach: A — Scope of Services
B — Fees and Conditions
ATTACHMENT A
SCOPE OF SERVICES
FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION
May 6,2010
In response to your request, PBS&J is pleased to submit this proposal to you for financial services
for the City of National City (Client).
I. SCOPE OF SERVICES
Based on our current understanding of the Project, PBS&J will provide the following services:
A. Tax Roll Preparation
Based on current County Assessor's information, business license applications and
building permits, the sewer customer database will be updated and matched with the
Sweetwater Authority's water accounts and annual usage. It should be noted that
business license and building permit data that is incomplete and do not match up
with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will
be returned to the City for further research.
Using updated information, sewer charges . will be calculated based on approved
sewer user rates for each fiscal year. The Ust of sewer charges will be prepared for
approval by the City Council and then submitted to the County of San Diego for
processing on the property tax rolls. Direct bills will be sent to government agencies,
such as the school district, since they cannot be billed with the property tax bills. It is
assumed that 30 (thirty) direct billing statements will be mailed.
B. Respond to Customer Inquiries
This task provides for responses to customer phone calls and inquiries regarding the
an l-semiee-charges: T lls-propesal-ass nes-that39:phane calls-wil be-teeeived-
and that all of these customers will request detailed breakdowns, In the form of
written correspondence, regarding their sewer bills and usage (because there are
multiple meters on one property, etc.). If additional calls are received, they will be
addressed as additional services.
II. ADDITIONAL SERVICES
If requested by the Client, PBS&J will provide the following Additional Services, beyond the
services included in Section I, Scope of Services:
A. Additional customer inquiries beyond those addressed in Section I.
May 6, 2010
FYE2010Tax Roll
Attachment A
Page 2 of 2
B. Meetings and any additional project related services not specifically induded in Section
I, Scope of Services.
C. Field visits or additional research of parcels that do not match up with Sweetwater's
water meter data, business licenses or building permit information.
III. CLIENT FURNISHED SERVICES
The following services or Information will be provided by Client or its consultants:
A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and
other relevant project information or data. Customer water use data will be provided
electronically, in a format that can be converted to Microsoft Excel. Under this
agreement for services, PBS&J shall be entitled to rely upon the accuracy and
completeness of the information and financial data provided by the Client in performing
its services, without liability. Unless requested in writing by Client, PBS&J will not, and
have no obligation to perform any manner of check, review or verify the accuracy or
completeness of the data provided.
B. Assign one person to serve as the Client's Project Manager who has authority to
represent the Client and will serve as the point of interface for all project issues and
communications. In addition, this person will serve as the initial contact for customer
inquiries regarding sewer charges.
C. A complete written description of all pertinent project information and issues, including
all unusual or critical requirements of the Client.
Perform site visits to confirm water meter locations, service addresses, or land use, as needed.
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION
May 6, 2010
A. The Services described in Section I, Scope of Services, will be provided on an hourly
rate basis with an estimated upper limit of $45,867 for 2010. Should the City wish to
enter into a multi -year contract to provide tax roll administration, each subsequent year
would be adjusted by 5% to account for inflation. A breakout of these fees by task is
included In the table below.
Task
FYE 2010
Task A — Tax Roll Preparation
$31,230
Task B — Customer Service
$13,864
Direct Expenses
$773
Totals
$45,867
B. The fees for the Services described in Section 11, Additional Engineering Services, will
be provided on an hourly rate basis in accordance with the PBS&J Standard Rate
Schedule in effect at the time the services are performed. A copy of the current
Standard Rate Schedule is attached.
ENGINEERING SERVICES
Principal Engineer IV
Prindpai Engineer 11I
Prindpai Engineer II
Principal Engineer I
Supervising Engineer II
Supervising Engineer I
Senior Engineer III
Senior Engineer II
Senior Engineer I
Engineer 111
Engineer II
Engineer I
Engineering Aide
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $175.00
Senior Project Engineer (Coast.) 135.00
Construction Manager 130.00
Senior Field Representative` 115.00
Construction Management Rep. II• 100.00
Construction Management Rep. I• 90.00
Prevailing Wage Field Rep.** 125.00
Sr. Contract Administrator 110.00
Contract Administrator 85.00
ENVIRONMENTAL SCIENCE
Supervising Scientist $220.00
Senior Scientist III 185.00
Senior Scientist II 165.00
Senior Scientist 1 140.00
Sdentist Iid 130.00
Scientist 1I 120.00
Sdentist I 100.00
Assistant ?dentist 85.00
Research Assistant * 60.00
EXPENSES AND OUTSIDE SERVICES
PBSBJ SOUTHWEST INFRASTRUCTURE
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2010
PUBLIC AFFAIRS SERVICES
$219.00 Project Manager $170.00
209.00 Community Relations Specialist 140.00
196.00 Assistant Project Manager 125.00
180.00 Account Coordinator 80.00
170.00
155.00
145.00 Principal Professional $196.00
140.00 Supervising Professional 170.00
130.00 Sr. Professional III / Sr. GIS Analyst III 150.00
120.00 Senior Professional II / Sr. GIS Analyst II 135.00
115.00 Senior Professional I / Sr. GIS Analyst 1 122.00
105.00 Professional II / GIS Analyst 11 101.00
70.00 . Professional I / GIS Analyst I 88.00
OTHER PROFESSIONAL SERVICES
DESIGN & GRAPHIC SERVICES
Senior Designer III $140.00
Senior Designer II 135.00
Senior Designer I 120.00
Designer I1 110.00
Designer I 100.00
CAI) Tedtnician III 95.00
CAD Technician II 85.00
CAD Technician I 70.00
Graphics Designer II 100.00
Graphics Designer 1 95.00
ADMINISTRATIVE SERVICES
Senior Administrator $110.00
Senior Administrative Assistant III 100.00
Senior Administrative Assistant II 85.00
Senior Administrative Assistant I 80.00
Administrative Assistant HI 75.00
Administrative Assistant II 65.00
Administrative Assistant 1 / Clerk 60.00
._ In addition, Identifiable non Glary costs that are directly 8tbiiuteble to the riiiiect..
postage, etc., are billed at actual cost plus 15 percent to cover overhead and administrator plus reproduction 3tpercent for insurance >surance costs.
elephone charges•
Prindpal Engineer negotiated on a contract by canted basis.
and litigation support rates.
Computer��. at ningp�� � water, sewer, and. stem water modeling, GIS, automated mapping, database and web programming.
etc.• Non-Prevaling Wage
•• Prevailing Wage Rate - Overtime vela be charged at 1.25 times, and Sundays and holidays,1.70 times the above rates.
If apprrcable, a vehicle allowance of 5900.00 per month IA be charged for the use of a company vehicle assigned to a fldHirne Inspector.
This monthly allowance will be prorated based upon hours worked for part-time Inspeaion.
Fees for litigation and expert witness se *es will be charged at $450.00 per hour with a 4-hour minimum per day.
Fees for subconsuftant services provided are bed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for
insurance costs.
PAYMENT TERMS
A late.payrnent finance charge at a rate of 18 percent per annum MI be applied to any unpaid balance commencing 30 days after the date
doriginai invoice.
This rate schedule Is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and
the general costs of business.
KiAdrnitPalicwoda M,* S id d Rare Shsele12010 RateMoullwast Infrastwolre Sra hue chic- su441o0 Ltl,a.eoae
9275 Sky Pad Court • Suite 200 • San Diego, California 92123 Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO
THE AGREEMENT WITH ATKINS NORTH AMERICA, INC., FOR SEWER
BILLING, TAX ROLL PREPARATION, AND ADMINISTRATIVE SERVICES FOR
THE NOT TO EXCEED AMOUNT OF $45,867 FOR FISCAL YEAR ENDING 2014
WHEREAS, on June 8, 2010, the City Council adopted Resolution No. 2011-92,
approving an Agreement with Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&J to provide
sewer billing, tax roll preparation, and administrative services for Fiscal Year 2010-2011 for the
not -to -exceed amount of $45,867; and
WHEREAS, on April 19, 2011, the City Council adopted Resolution No. 2011-92,
approving a First Amendment to the Agreement memorializing the company's name change
from Post, Buckley, Schuh & Jernigan, Inc., (" PBS&J") to Atkins North America, Inc. ("Atkins"),
effective April 1, 2011, with all other terms and conditions of the Agreement remaining the
same; and
WHEREAS, on April 17, 2012,.the City Council adopted Resolution No. 2012-92,
approving the Second Amendment to the Agreement to extend the Agreement for a one-year
term, expiring June 30, 2013, to provide services for Fiscal Year 2012-2013, in the amount of
$45,867; and
WHEREAS, the City and Atkins desire to amend Section 6 of the Agreement
("Length of the Agreement") to extend the term of the Agreement for another one-year term,
expiring on June 8, 2014, to provide sewer billing, tax roll preparation, and administrative
services for Fiscal Year 2013-2014 for the not -to -exceed amount of $45,867, for a total not to
exceed amount of $137,601.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Third Amendment to the Agreement
between the City of National City and Atkins North America, Inc., to extend the Agreement for a
one-year term, expiring June 8, 2014, to provide sewer billing, tax roll preparation, and
administrative services for Fiscal Year 2013-2014, in the not to exceed amount of $45,867. Said
Third Amendment to the Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 16th day of April, 2013.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk
Claudia Gacitua Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 8
ITEM TITLE:
A Resolution of the City Council of National City accepting the work of West -Tech Contracting, Inc., approving
the final contract amount of $29,675.00, authorizing the release of retention and ratify the filing of a Notice of
Completion for the Underground Storage Tank Removal Project, 2020 Hoover Avenue, Specification No. 12-08.
(Funded by General Fund)
PREPARED BY: Barby Tipton
PHONE: 336-4583
EXPLANATION:
See attached
DEPARTMENT: Engineering
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
Retention is encumbered on Purchase Order 76466 and will be release upon Council approval.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1 Explanation
2. Notice of Completion
3. Final Contract Balance Sheet
4. Resolution
On October 30, 2012, four bids were received and opened for the Underground Storage
Tank Removal Project, Specification No. 12-08. The lowest responsive bidder was
West -Tech Contracting, Inc., with a proposed bid amount of $32,625.00. Bid Additive
"A" in the amount of $4,620 for backfilling of the excavated site, was also included, for
a total contract amount of $37,245.00.
Staff checked the provided references and found that West -Tech Contracting, Inc. was
qualified to perform the work as detail in the specification. Staff reviewed bid
documents and recommended that the City Council award the contract to West -Tech
Contracting, Inc. The City Council took action on November 20, 2012 to award the
contract to West -Tech Contracting, Inc., by adopting City Council Resolution No. 2012-
221.
Work began in December, 2012 and was completed in February, 2013.
Bid Additive "A" for backfilling of the excavated site was removed from the contract,
reducing the original contract amount to $32,625.00.
There were no change orders issued for this project. Two line items from the contract
were deleted, as the items were not required for completion of the project. Each line
item was $1,475.00, for a total reduction to the contract of $2,950.00. The final
contract price is $29,675.00.
As a result of satisfactory completion of the project, the retention withheld in the
amount of $1,483.75 shall be released upon Council's approval to accept the work and
ratify the filing of the Notice of Completion.
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
CITY ENGINEER
CITY OF NATIONAL CITY
1243 National City Blvd.
National City, CA 91950
AND WHEN RECORDED MAIL TO:
CITY CLERK OF NATIONAL CITY
1243 National City Blvd.
National City, CA 91950
DOCp 2013-0157249
mniw111miiuuiriuuiaiuumwi1imiu11mno11ii
lMF1i. 2018 BBB PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ErnestJ. D►onenburg, Jr., COUNTY RECORDER
FEES: 0.00
10158 PAGES:
2
11111111111111010111111111111111111111111111111111113
TEAS SPACE FOR RECORDER'S USE ONLY
(Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt
from Recorder's fees pursuant to Government Code Section 27383)
NOTICE OF COMPLETION:
Underground Storage Tank Removal Project
Specification No. 12-08
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950-4301
10159
NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on February 26, 2013, of:
Underground Storage Tank Removal Project, Specification No. 12-08
Work of improvement or portion of work of improvement under construction or alteration.
2020 Hoover Avenue
Street address
National City, CA
City State
91950
Zip Code
The undersigned owns the following interest or estate in said property: Owner -in -Fee
Nature of the interest or estate of owner (mortgagor, lessee, etc.)
Said work of improvement was performed on the property pursuant to a contract with
West -Tech Contracting, Inc.
Name of Original Contractor
The following work and material were supplied: Laborer Groups and Operators.
Improvements made through the removal of the underground storage tank and storm
interceptor system.
General statement of kind of labor, services, equipment or materials
The names and addresses of co -owners are: N/A
Joint tenants, tenants in common, o _:,,, . owners
Dated: February 26, 2013
orrison, Mayo
City ofNational City, 1243 National City Blvd., National City, CA 91950-4301
I, the undersigned, say: I have read the foregoing Notice of Completion, and know the contents
thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing
is true and correct.
Executed on Febru 26, 2013, at National City, California.
Signature:
ON MORRISOI>tl, MAYOR
ROC 12-0I
-2-
DATE:
PROJECT:
TO:
FINAL CONTRACT BALANCE
April 3, 2013
Removal of Underground Storage Tank Systems and Storm
Interceptor System at 2020 Hoover Avenue,
Specification No. 12-08
West -Tech Contracting, Inc.
568 North Tulip Street
Escondido, CA 92025
ORIGINAL CONTRACT AMOUNT:
START DATE:
COMPLETION DATE:
ORIGINAL CONTRACT LENGTH:
EXTENTION OF WORK DAYS:
TOTAL CONTRACT TIME:
DESCRIPTION:
$32,625.00
December 13, 2012
February 25, 2013 (includes downtime due to line
item adjustments, correctional work, clean-up,
inspection, and document delays)
30 working days
0 working days
30 working days
This Final Contract Balance reports final line item amounts and summarizes all changes
to produce a final contract amount. Please see Attachment "A" to this Final Contract
Balance.
CHANGE ORDERS AND LINE ITEM ADJUSTMENTS:
There were no change orders for this project.
Line Item No. 4, "Excavate, transport, weigh, dispose/recycle all contaminated soil (Type
A) discovered during excavation and removal activities" was deleted as it was not
required for completion of the project. This resulted in a decrease of $1,475.00 from the
original contract amount.
Line Item No. 5,"Excavate, transport, weigh, dispose/recycle all contaminated soil (Type
B-Hot) discovered during excavation and removal activities", was deleted as it was not
required for completion of the project. This resulted in a decrease of $1,475.00 from the
original contract amount.
-3-
FINAL CONTRACT BALANCE
Removal of Underground Storage Tank Systems and Storm Interceptor System at 2020
Hoover Avenue
Specification No. 12-08
CONTRACT ADJUSTMENT:
As a result of the above Line item deletions:
1. The final contract price is adjusted to $29,675.00.
2. As a result of the satisfactory completion of said project, a retention amount of
$1,483.75.00 is set for invoice processing and payment upon the receipt of
required signatures and City Council's ratification of this agreement and the
Notice of Completion.
This document and its purpose to balance payment shall be considered full compensation
for furnishing and installing the materials, labor, tools and equipment, profit, overhead,
and all incidentals for performing the work described above. West -Tech Contracting,
Inc. will not be entitled to damages or additional payment for delays as described in the
2010 edition of the Standard Specifications for Public Works Construction, Section 6-6.3,
for performing the work as described above.
Page 2
-4-
CITY OF NATIONAL CITY
Removal of Underground Storage Tank Systems and Storm Interceptor System at 2020 Hoover Avenue
Specification No. 12-08
FINAL CONTRACT BALANCE
ATTACHMENT "A"
Original Contract
To Date
No.
Item
Unit
Quantity
Unit Price
Amount
Quantity
Amount
GENERAL ITEMS OF WORK
1
Mobilization/Demobilization
LS
1
2,500.00
2,500.00
1.00
2,500.00
2
Coordinate all activities with the County of San
Diego Department of Environmental Heath and
National City Fire Deparment
LS
1
3,300.00
3,300.00
1.00
3,300.00
3
Remove and dispose/recylce all of the surface
improvments necessary for the removal of the
UST and Interceptor (4"-8" of PCC)
LS
1
6,500.00
6,500.00
1.00
6,500.00
4
Excavate, transport, weigh, dispose/recylce all
TON
25
59.00
1,475.00
-
-
contaminated soil (Type A) discovered during
excavation and removal activites
5
Excavate, transport, weigh, dispose/recylce all
contaminated soil (Type B-Hot) discovered
during excavation and removal activ@es
TON
25
59.00
1,475.00
-
-
12,000 GALLON UST REMOVAL AND
DISPOSAL
6
Remove and dispose of residual liquids and
solids In the UST system (tank, piping and
pump assemblies)
LS
1
4,200.00
4,200.00
1.00
4,200.00
7
Prepare UST for removal and disposal
LS
1
9,200.00
9,200.00
1.00
9,200.00
8
Remove and dispose of UST system
LS
1
1,200.00
1,200.00
1.00
1,200.00
9
Remove and dispose of residual liquids andLS
solids In the sotrm interceptor
1
400.00
400.00
1.00
400.00
10
Remove and dispose of the storm waterLS
interceptor system
1
1,500.00
1,500.00
1.00
1,500.00
11
Place Mirafi 180N filter fabric on all sides and
backfill with 3/4" crushed aggregate after
removal of storm interceptor
TON
35
25.00
875.00
35.00
875.00
TOTALS:
32,625.00
29,675.00
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING THE WORK PERFORMED BY WEST -TECH CONTRACTING, INC.,
FOR THE TOTAL FINAL CONTRACT AMOUNT OF $29,675, RATIFYING
THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER
ON MARCH 12, 2013, AND AUTHORIZING THE RELEASE OF
THE RETENTION IN THE AMOUNT OF $1,483.75 FOR
THE UNDERGROUND STORAGE TANK REMOVAL PROJECT
LOCATED AT 2020 HOOVER AVENUE
BE IT RESOLVED by the City Council of the City of National City as follows:
It appearing to the satisfaction of the Engineering Division of the Development Services
Department that all work required to be done by West -Tech Contracting, Inc., for the total final
contract amount of $29,675, for the Underground Storage Tank Removal Project, located at 2020
Hoover Avenue, has been completed, the City Council of National City hereby accepts said work,
ratifies the Notice of Completion filed with the County Recorder on March 12, 2013, and orders
that payment for said work be made in accordance with said contract, including release of the
retention in the amount of $1,483.75,
PASSED and ADOPTED this 16th day of April, 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: April 16, 2013
AGENDA ITEM NO. 9
ITEM TITLE:
Resolution of the City Council of the City of National City waiving the bid process by utilizing Western
States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of
Desktop Computers, and Microsoft Office Software for an amount not to exceed $234,870.00
PREPARED BY: Ron Williams DEPARTMENT: A
PHONE: 619-336-4373 APPROVED BY:
EXPLANATION:
There are 245 desktop computers utilized by City of National City s proximately five years
or older. These systems are utilizing, hardware, operating systems (Windows XP) and productivity
software (Microsoft Office 2003) that are at End of Support (EOS). As a result, software updates and
spare parts will become increasingly difficult to obtain when hardware or software issues occur.
It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.260 of the
Municipal Code, and award the purchase to Dell Inc., for the following reasons:
1. Piggyback State of California Western States Contracting Alliance (WSCA) contract B27160
2. The price has been determined to be competitive within the industry.
I. No further purpose would be served by issuing a formal bid at this point in the process.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. 629-403-082-502-0000 APPROVED:
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Staff recommends replacement of 245 desktop workstations and the upgrade of the Microsoft Office
Software.
BOARD / COMMISSION RECOMMENDATION:
N/A
"ITTACHMENTS:
.tuote, Contract Information
Quote Summary
Page 1 of 2
Date: 4/5/2013
QUOTATION
Quote #: 649501076
Customer #: 000335073
Contract #: WN99ABZ
CustomerAgreement #: WSCA B27160
Quote Date: 04/05/2013
Customer Name: CITY OF NATIONAL CITY
Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and
informational accuracy. If you find errors or desire certain changes please contact your sales
professional as soon as possible.
Sales Professional Information
SALES REP: NICHOLAS LAUCK PHONE: 1800 - 8793355
Email Address: Nicholas Lauck( Dell.com Phone Ext: 5139099
GROUP: 1 QUANTITY: 145 SYSTEM PRICE: $888.00 GROUP TOTAL: $128,760.00
Description Quantity
OptiPlex 3010 Desktop Standard PSU (225-3520) 145
Intel Pentium Processor G645 (3M Cache, 2.90 GHz, w/HD Graphics), Dell Optiplex 3010
(319-1450) 145
4GB, NON-ECC, 1600MHZ DDR3,IDIMM,OPTI (319-0218) 145
Dell USB KB, English, WIN7/8, Optiplex and Precision Desktop (331-9586) 145
Dell Professional P2312H, Wide screen, 23in VIS, HAS,VGA,DVI,
Optiplex,Precision,Latitude (320-2934) 145
Intel® Integrated Graphic w/Single HDMINGA, Optiplex 3010 (320-3803) 145
250GB 3.5" SATA 3.0Gb/s and BMB Data Burst Cache,Dell OptiPlex 390/3010 (342-3283) 145
Windows 7 Professional,Media, 64-bit, Optiplex, English (421-5608) 145
Windows 7 Label, OptiPlex, Fixed Precision, Vostro Desktop (330-6228) 145
Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware
and Apps),OptlPlex (421-5334) 145
Dell MS111 USB Optical Mouse,OptiPlex and Fixed Precision (330-9458) 145
16X DVD+/-RW SATA,Data Only,Dell OptiPlex 3010 Desktop or Minitower,Black (318-
2234) 145
Thank you for Choosing Dell (318-2231) 145
Heat Sink, Mainstream, Dell OptiPlex 390 Desktop (331-3192) 145
Dell AX510 black Sound Bar forUltraSharp Flat Panel DisplaysDell Optiplex/Precision/
Latitude (313-6414) 145
OptiPlex 3010 Desktop Standard Power Supply (318-2350) 145
Enable Low Power Mode for EUP Compliance,Dell OptiPlex (330-7422) 145
Regulatory Label,Dell OptiPlex 3010 Desktop (331=8141) 145
Documentation,English and French,Dell OptiPlex (331-2030) 145
Power Cord,125V,2M,C13,Dell OptiPlex (330-1711) 145
No ESTAR Settings, OptiPlex (331-8325) 145
Resource DVD contains Diagnostics and Drivers for Dell OptiPlex 3010 (331-7686) 145
Chassis Intrussion Switch,Dell OptiPlex Ultra Small Form Factor and Desktop (317-2828) 145
No Quick Reference Guide,Dell OptiPlex (310-9444) 145
Shipping Material for System,Desktop,Dell OptiPlex 990 (331-1269) 145
Adobe Acrobat X, includes Serial Key Card, FI, ENG/FRN (410-0560) 145
file:///C:/Users/rwilliams.NATCITY/AppData/Local... 4/5/2013
Quote Summary Page 2 of 2
Microsoft Office Home and Business 2013, OptiPlex, Precision, Latitude (630-AABE) 145
Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis 2 Year
Extended (939-7288) 145
Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis Initial
Year(939-6748) 145
Dell Limited Hardware Warranty Plus Service Extended Year(s) (939-6538) 145
Dell Limited Hardware Warranty Plus Service Initial Year (936-2417) 145
Dell ProSupport Service Offering Declined (991-2878) 145
State Environmental Fee for display 15 inches, less than 35 inches (600-0277) 145
*Total Purchase Price: $139,004.22
Product Subtotal: $128,180.00
Tax:
$10,244.22
Shipping & Handling: $0.00
State Environmental Fee: $580.00
Shipping Method: LTL 5 DAY OR LESS
(" Amount denoted in $)
Statement of Conditions
The information in this document is believed to be accurate. However, Dell assumes no responsibility for Inaccuracies, errors, or
omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or
omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors.
Dell may make changes to this proposal including changes or updates 10 the products and services described, including pricing, without
notice or obligation.
This proposal is not intended to create a contractual relationship. Unless expressly agreed otherwise in a writing signed by the parties, all
orders by CITY OF NATIONAL CITY for Dell products and services shall be subject to Dell's Terms and Conditions of Sale -Direct, which
can be found atwww.dell.comfterms and which incorporate Delrs U.S. Retum Policy, at www.dell.com/retumoolicvirtotal . Please read
those terms carefully and in their entirety, and note In particular that Dell EqualLogic and EqualLogic-branded products, DelliEMC and
EMC-branded products, PowerVault ML6000 tape libraries, non -Dell -branded enterprise products; enterprise software, and customized
hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service contract
(s), which can be found at www.dell.com/servicecontracts.
All information supplied to CITY OF NATIONAL CITY for the purpose of this proposal is to be considered confidential information belonging
to Dell.
About Dell
Dell Inc. (NASDAQ: DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by
its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information,
visit www.dell.com.
Privacy Policy
Dell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and
enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product,
service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global
Privacy Policy, please visit dell.com/orivacv.
file:///C:/Users/rwilliams.NATCITY/AppData/Local... 4/5/2013
Quote Summary
Page 1 of 2
Date: 41412013
QUOTATION
Quote #: 649447281
Customer #: 000335073
Contract #: WN99ABZ
CustomerAgreement #: WSCA B27160
Quote Date: 04104/2013
Customer Name: CITY OF NATIONAL CITY
Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and
informational accuracy. If you find errors or desire certain changes please contact your sales
professional as soon as possible.
Sales Professional Information
SALES REP: NICHOLAS LAUCK PHONE: 1800 - 8793355
Email Address: Nicholas Lauck( Dell.com Phone Ext: 5139099
GROUP: 1 QUANTITY:100 SYSTEM PRICE: $888.00 GROUP TOTAL: $88,800.00
Description Quantity
OptiPlex 3010 Minitower Standard PSU (225-3268) 100
Intel Pentium Processor G645 (3M Cache, 2.90 GHz, w/HD Graphics), Dell Optiplex 3010
(319-1450) 100
4GB, NON-ECC, 1600MHZ DDR3,IDIMM,OPTI (319-0218) 100
Dell USB KB, English, WIN7/8, Optiplex and Precision Desktop (331-9586) 100
Dell Professional P2312H, Wide screen, 23in VIS, HAS,VGA,DVI,
Optiplex,Precision,Latitude (320-2934) 100
Intel® Integrated Graphic w/Single HDMINGA, Optiplex 3010 (320-3803) 100
250GB 3.5" SATA 3.0Gb/s and 8MB Data Burst Cache,Dell OptiPlex 390/3010 (342-3283) 100
Windows 7 Professional,Media, 64-bit, Optiplex, English (421-5608) 100
Windows 7 Label, OptiPlex, Fixed Precision, Vostro Desktop (330-6228) 100
Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware
and Apps),OptiPlex (421-5334) 100
Dell MS111 USB Optical Mouse,OptiPlex and Fixed Precision (330-9458) 100
16X DVD+/-RW SATA,Data Only,Dell OptiPlex 3010 Desktop or Minitower,Black (318-
2234) 100
Thank you for Choosing Dell (318-2231) 100
Heat Sink, Mainstream, Dell OptiPlex 390 Minitower (331-3050) 100
Dell AX510 black Sound Bar forUltraSharp Flat Panel DisplaysDell Optiplex/Precision/
Latitude (313-6414) 100
OptiPlex 3010 Minitower Standard Power Supply (318-2348) 100
Enable Low Power Mode for EUP Compliance,Dell OptiPlex (330-7422) 100
Regulatory label, Mexico, for OptiPlex 3010 Minitower (331-7681) 100
Power Cord,125V,2M,C13,Dell OptIPlex (330-1711) 100
Documentation,English and French,Dell OptiPlex (331-2030) 100
No ESTAR Settings, OptiPlex (331-8325) 100
Resource DVD contains Diagnostics and Drivers for Dell OptiPlex 3010 (331-7686) 100
Chassis intrusion switch, DellOptiPlex (310-6719) 100
No Quick Reference Guide,Dell OptiPlex (310-9444) 100
Shipping Material for System,Minitower,Dell OptiPlex (331-1268) 100
Adobe Acrobat X, includes Serial Key Card, FI, ENG/FRN (410-0560) 100
file:///C:/Users/rwilliams.NATCITY/AppData/Local... 4/5/2013
Quote Summary Page 2 of 2
Microsoft Office Home and Business 2013, OptiPlex, Precision, Latitude (630-AABE) 100
Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis 2 Year
Extended (939-7288) 100
Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis Initial
Year (939-6748) 100
Dell Limited Hardware Warranty Plus Service Extended Ytiar(s) (939-6538) 100
Dell Limited Hardware Warranty Plus Service Initial Year (936-2417) 100
State Environmental Fee for display 15 inches, less than 35 inches (600-0277) 100
*Total Purchase Price: $95,865.00
Product Subtotal: $88,400.00
Tax:
$7,065.00
Shipping & Handling: $0.00
Statement of Conditions
The Information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or
omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or
omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors.
Dell may make changes to this proposal including changes or updates to the products and services described, Including pricing, without
notice or obligation.
This proposal is not intended to create a contractual relationship. Unless expressly agreed otherwise in a writing signed by the parties, all
orders by CITY OF NATIONAL CITY for Dell products and services shall be subject to Dell's Terms and Conditions of Sale -Direct, which
can be found atwww.dell.com/terms and which incorporate Dell's U.S. Return Policy at www.dell.com/retumoolicv#total . Please read
those terms carefully and in their entirety, and note in particular that Dell EqualLogic and EqualLogic-branded products, DeIIIEMC end
EMC-branded products, PowerVault ML6000 tape libraries, non -Dell -branded enterprise products, enterprise software, and customized
hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service contract
(s), which can be found at www.dell.com/servicecontracts.
All information supplied to CITY OF NATIONAL CITY for the purpose of this proposal is to be considered confidential information belonging
to Dell.
About Dell
Dell Inc. (NASDAQ DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by
its direct business model, Dell is a leading gbbal systems and services company and No. 34 on the Fortune 500. For more Information,
visit www.detl.com.
Privacy Policy
Dell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and
enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product,
service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global
Privacy Policy, please visit dell.com/orivacv.
State Environmental Fee: $400.00
Shipping Method: LTL 5 DAY OR LESS
(* Amount denoted in $)
file:///C:/Users/rwilliams.NATCITY/AppData/Local... 4/5/2013
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED
SERVICES (2009-2014)
DELL: MARKETING LP,
MASTER PRICE AGREEMENT
CON 'RACT E27160
1. Scope:
This Participating Addendum covers the purchase of all Computer Equipment, Software, Peripherals and
Related Services for all California political subdivisions/iocal govemments. A subdivision/local
government is defined as any city, county, city and county, district, or other local governmental body
or corporation, including the California State Universities (CSU) and University of California (UC)
systems, K-12 schools and community colleges empowered to expend public funds. Each political
subdivision/local govemment should make its own determination whether the WSCA program is.
consistent with its procurement policies and regulations.
STATE AGENCIES ARE RESTRICTED FROM USING THIS CONTRACT IN ACCORDANCE WITH
MANAGEMENT MEMO 05-11, EXCEPT FOR THOSE CATEGORIES NOT OFFERED UNDER
CALIFORNIA STRATEGIC SOURCING INITIATIVE (CSSI) CONTRACTS FOR IT HARDWARE:
PC GOODS AND ENTERPRISE, SERVERS AND StORAGE PRODUCTS.
THE SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS
APPLY TO THE ORDERING AGENCY. IF OR WHEN DELL, AS A VENDOR, IS NOTIFIED BY
ORDERING AGENCY THAT A SPECIFIC PURCHASE OR PURCHASES ARE BEINGMADE
WITH ARRA FUNDS, DELL AGREES TO COMPLY WITH THE DATA ELEMENT AND
REPORTING REQUIREMENTS THAT ARE LEGALLY REQUIRED OF PROVIDERS OF GOODS
AND RELATED SERVICES. DELL, AS IT RELATES TO PURCHASES: UNDER THIS CONTRACT
1S NOT A SUBCONTRACTOR OR SUBGRANTEE, BUT SIMPLY A PROVIDER OF GOODS AND
RELATED SERVICES •
2. Leasing
Funding to purchase or lease products avallable under this contract may be available to State
agencies via the GS $Mart (purchases) or Lease $Mart program. Local agencies are able to take
advantage of leasing options in the WSCA Master Price Agreement B27160 without restrictions.
3. Changes:
For purchases under this Participating Addendum by any Eligible Entity listed in Section 1, Scope, the
following changes apply:
a. The California General Provisions (CAGP) Revision 8/10/2009 (GSPD-4011T based on
Apr1i 12, 2007 standard) for Western States Contracting Alliance (WSCA) Computer
Equipment, Software, Peripherals and Related Services as attached become a part of this
Participating Addendum.
b. The Califomia General Provisions (CAGP) shall prevail if there is a conflict between the terms
and conditions of the contractor's WSCA Master Price Agreement Number B27160,
packaging, invoices, catalogs, brochures and technical data sheets.
c. The State of Califomia will retain the same contract number as the WSCA Master Price
Agreement number, B27160.
d. WSCA Master Price Agreement Number B27160 cover page Is hereby modified as follows:
"Original Award Date° changed to "Effective Date Seotember 1.2009".
e. • DGS Termination of Contract:
The State may terminate this contract at any time upon 30 •day prior written notice. Upon
. termination or other expiration of this contract, each party will assist the other party in orderly
Revised 8/28/08 Page 1 of 5
Revised 8/28 08
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED
SERVICES(2009-2014)
DELL MARKETING LP.
MASTER'PRICErAGREEMENT
CONTRACT B27160
termination of the contract and the transfer of all assets, tangible and intangible, as may
facilitate the orderly, nondisrupted business continuation of each party. This provision shall
not relieve the contractor of the obligation to perform under any purchase order or other
similar ordering document executed prior to the termination becoming effective.
f. Reports & Administrative Fee:
Contractor shall submit report to the California Contract Administrator for all California
purchases providing the following information:
BILL TO NAME
B1LL TO ADDRESS
BILL TO CITY
BILL TO ZIPCODE
SHIP TO NAME
SHIP TO ADDRESS
SHIP TO rapt
SHIP TO ZIPCODE
ORDER NUMBER
CUSTOMER PO NUMBER
CUSTOMER NUMBER
ORDER TYPE
PO DATE (ORDER DATE)
WSCA ADMINISTRATIVE FEE DOLLAR
AMOUNT
TOTAL DOLLARS FOR THE QUARTER
The Contractor shall submit a check, in addition to the report, payable to the State of
California, Contract Administrator for the calculated administrative fee for an amount equal to
one percent (0.01) of the sales for the quarterly period. This fee shall be included as an
adjustment to contractors WSCA pricing and not Invoiced or charged to the purchasing entity.
Payment of the administrative fee by Contractor due irrespective of status of payments
on orders from users to Contractor.
A report is due even when there is no activity. Any report that does not follow the required
format or that excludes information will be deemed incomplete. Failure to submit reports and
fees on a timely basis shall constitute grounds for suspension of this agreement. Reports
and fee delivery will be in accordance with the following schedule.
Calendar Quarter 1 (JUL 1 to SEP 30) Due OCT 31
Calendar Quarter 2 (OCT 1 to DEC 31) Due JAN 31
Calendar Quarter 3 (JAN 1 to MAR 31) • Due APR 30
Calendar Quarter 4 (APR 1 to JUN 30) Due JUL 31
The administrative fee check and report should be submitted to the following address:
Cynthia Okoroike
Page 2 of 5
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED
SERVICES (2009-2014)
DELL MARKETING L.P.
MASTER PRICE AGREEMENT
CONTRACT I927160
Department of General Services
Procurement Division
Multiple Award Program - WSCA
707 Third Street, 2nd Floor, MS p 202, West Sacramento, CA 95605-2811
h. The primary contact individuals for this Addendum are as follows (or their named
successors):
Master Agreement Contacts:
Lead State;
Name: Bemadette Kopischke
Address: 112 Admin Bldg, St Paul, MN 55155
Telephone: (651) 201-2450
Fax: (651) 297-3996
E-mail: bernie.k p schke'state.mn.us
Contractor Lead:
Name: Stephanie D. Shipp
Address: One Dell Way, Mail Stop 8708, Round Rock, TX 78682
Telephone: (512) 728-7894
Fax; (512) 283-9092
E-mail: tebhanie Shipp@dell.com
Participating Addendum Contacts:
Participating State:
Name: Cynthia Okoroike
Address: The State of California, Department of General Services, Multiple Award
Program - WSCA, 707 Third Street, 2nd Floor, MS 202, West Sacramento, CA
95605
Telephone: (916) 375-4389
Fax: (916) 375-4663
E-mail: cvnthia.okoroike@dos.ca.aov
Contractor State Contract Manager;
Name: Scott Loras
Address: One Dell Way, Mail Stop 8708. Round Rock, TX 78682
Telephone: (512)728-8857
Fax: (512) 283-9092
E-mail: Scott Loras@deil.com
i. Price Agreement Number:
The Master Price Agreement number for the Participating State is B27160. The Master Price
Agreement Number MUST be shown on all Purchase Orders issued against this Master Price
Agreement.
Revised 8/28AD8 Page 3 of 5
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED
SERVICES,(40Y2014)
DELL MARKETING L.P.
MASTER PRICE AGREEMENT
CONTRACT 827160
j. Effective Dates:
This Participating Addendum shall be effective upon approval by the Department of General
Services and will continue until the End Dale of the Master Price Agreement. Lead State
amendments to extend the term date are automatically incorporated into this Participating
Addendum unless terminated early in accordance with the terms and conditions of the Master
Price Agreement or this Participating Addendum.
4. Servicing Subcontractors:
Dell may engage third party service providers to perform various services and has several
authorized Dell Service Providers (DSPs). DSPs will not accept orders or payments.
Dell wishes to identify Servicing Subconfrector(a) ("WSCA Agent") to market Dell's Products
and Services, as identified on Dells Products & Services Schedule ("PSS"), on behalf of Dell.
The Participating Entity may utilize WSCA Agents pursuant to the Dell defined WSCA Agent
program as defined in a separate written Agreement between Dell and WSCA Agent.
WSCA Agents authorized within the State will have their names identified on the State's
respective www.Dell.com/naspowsca Dell state store page.
5. Services
The terms of the Master Purchase Agreement shall apply each time Customer engages
Contractor to provide eligible services. All services provided will be described in one or more of
the following;
(i) "Service Descriptions" used to describe any services purchased by an entity;
(ii) any mutually agreed upon "Statement of Work' ("SOW") executed by the parties; or
(lit) any "Technical Specification Form" approved by the parties
6. Evaluation Equipment
Contractor, by mutual agreement with the Participating Entity, wishes to allow the use of
equipment for the purposes of evaluation prior 10 purchase. Purchases of the equipment shall
comply with the terms of the Master Purchase Agreement and participating addendum.
This Addendum and the Price Agreement together with its exhibits and/or amendments, set forth the
entire agreement between the parties with respect to the subject matter of all previous communications,
representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms
and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and
the Price Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated
into this Addendum or the Price Agreement and its exhibits and/or amendments, by any subsequent
purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are
hereby rejected. The terms and conditions of this Addendum and the Price Agreement and its exhibits
and/or amendments shall prevail and govem in the case of any such inconsistent or additional terms.
Revised &28/03 Page 4 of 5
CALIFORNIA PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED
SERVICES (2009-2014)
DELL MARKETING LP.
MASTER PRICEAwEMENT
CONTRACt 927160
By signing below, Dell Marketing LP. agrees to offer the same products/and or services as on the WSCA
Master Price Agreement Number B27160 at prices equal to or lower than the prices on the Master Price
Agreement B27160.
IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of
execution by both parties below.
9 GENERAL SERVI(
LEGAL SERVICES
State of California: 1 /
By ,.(Z7r:1 ILL
Name: Jim Butler
'Title: Deputy Director.
Date: 3 //G
Dell Marketing L.P.
By: 911
Name: Stephanie G. Miller
Revised s/2aro8 - . Page 5 of 5
Title: Contracts Sr. Consultant
Date: A it t r11 j gpoq
GSPD-4011T
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, LP.(827160)
GENERAL PROVISIONS
1. DEFiNITIONS: Unless otherwise specified in the Statementof Work the
• following terms shah be given the meaning ehotrn, unless context
requires otherwise.
"Acceptance Tests" means those tests performed during
the Performance Period which are intended to determine
compliance of Equipment end .Software with the
specifications and all other Attachments Incorporated herein -
by reference and to determine the reiiabifity of the
Equipment.
Application Program" means a computer program which
is intended to be executed for the purpose of performing
useful work for the user of the information being `processed.
Application programs are developed or otherwise acquired
by the user of the Hardware/Software system. but they may
be supplied by the Contractor.
"Attachment" means a mechanical, electrical, or electronic
interconnection to the Contractor -supplied Machine or
System of Equipment, 'manufactured by- other then the
original Equipment manufacturer, that is not connected by
the Contractor.
"Business (nntity" means any individual, business, partnership,
joint venture, corporation, Soon ration, limited liability
corporation, limited Rebilily.pannership', sole proprie'tOrship, joint
atonic company, consortium, or other private legal entity
recognized by statute.
"Buyer" means the State's authorized contracting official.
"Commercial Software" means Software developed or
regularly used that 0) has been sold, leased, or licensed to the
general public; (ii) has been offered for sate, lease, or license to
the general public; (tit) hes not been offered, sold, leased, or
licensed to the public but will be available for commercial sale,
lease, or license in time to satisfy the delivery requirements of
this Contract; or (iv) satisfies a criterion expressed in (I), (t), or
(ill) above and would require only minor modifications to meet the
requirements of this Contract
"Contract" means this Contract or agreement (inducing
any purchase order), by whatever name known or. in
whatever format used.
"Custom Software" mans Software that does not meet
the definition of Commercial Software.
"Contractor" means the Business Entity with whom the
State enters into this Contract. Contractor shall be
synonymous with "supplier", "vendor' or other similar term.
"Date Processing Subsystem" means a complement of
Contractor-fumished individual Machines, Including the
necessary controlling elements (or the functional equivalent)
and Operating Software, if any. which are acquired to
operate es an Integrated group, and which are
interconnected entirely by Contractor -supplied power and/or
signal cables; e.g., direct access. controller and drives, a
cluster of terminals with their controller, etc.
"Data Processing System (System)" means the total
complement of Contractor -famished Machines; including one
or more central processors (or instruction processors) and
Operating Software, which are acquired to operate as en
integreted group.
"Deliverables" mans Goods, Software. Information
Technology, telecommunicstfons technology, and other Items
(e.g. reports) to be delivered pursuant to this Contract,
including any such Items furnished incident to the provision
of services.
"Designated CPU(s)" means for each. product, If applicable,
the central processing unit of the computers or the server
unit, including any associated peripheral unite. If no
specific 'Designated CPU(sr are specified on the Contract,
the term shall mean any and all CPUs located at the site
Revision 8f10/2009 (GSPD-40117' based on Aprl'l 12, 2007)
specified therein.
"Documentation" means nonproprietary manuals and other
printed materials necessary or useful to the State in its use
or maintenance of, the Equipment or Software provided
hereunder. Manuals and other printed materials customized
for the State hereunder constitute Documentation only to
the extent that such materials are described In or required
by the Statement of Work.
"Equipment' is an ell -inclusive tens which refers either to
individual Machines or to a complete Date Processing
System or subsystem, including its Hardware and Operating
Software (If any).
"Equipment Failure" is a malfunction in the Equipment,
excluding all externel factors, which prevents the
accomplishment of the Equipments intended function(s). If
microcode or Operating Software residing In the Equipment
Is necessary for the proper operation of the Equipment, a
failure of such microcode or Operating Software which
prevents the eccompiiehment of the Equipment's intended
functions shall be deemed to be an Equipment Failure.
"Facility Readiness Date" means the date specified in the
Statement of Work by which the State must have the site
prepared and available for Equipment delivery and
Installation.
"Goods" means ell types of tangible personal property,
including but not limited to materials, supplies, end
Equipment (including computer and telecommunications
Equipment).
Hardware usually refers to computer Equipment and h"
contrasted with Software. See also Equipment
installation Date" • means the date specified in
Statement of Work by which the Contractor must have
ordered Equipment ready (certtfled) for use by the State.
"Information Technology" includes, but is not limited to,
ell electronic technology systems and services, automated
information handling, System design and analysis,
conversion of date, computer programming, information
storage and retrieval, telecommunications which include
voice, video, end data communications, requisite System
controls, simulation, electronic commerce, and all relatedinteractions between people end Machines.
"Machine" means an individual unit of a Date Processing
System or subsystem, separately identified by a type end/or
model number, comprised of but not limited to mechanbal,
electromechanical, and electronic parts, microcode, and
special features • Instated thereon and including any
necessary Software, e.g., central processing unit, memory
module, tape unit, card reader, etc.
"Machine Alteration" means any change to. a Conbactor-
supplied Machine which is not made by the Contractor, and
which results in the Machine deviating from its physical,
mechanical, electrical, or electronic (including microcode)
design, whether or not additional devices or pans are
employed in making such change.
'Maintenance Diagnostic Routines" means the diagnostic
program customarily used by the Contractor to teat
Equipment for proper functioning and reliability.
"Manufacturing Materials" means parts, tools, dies, Jigs,
fixtures, plans, drawings, and information produced or
acquired, or rights acquired, spedfically to fulfil obligations
set forth herein.
"Mean Tim Between Failure (MTBF)" maps the average
expected or observed lime between consecutive failures in a
System or component
"Mean Time to Repair (MTTR)" means the average expected or
observed time required to repair a System' or component a-�
return It to normal operation. .
Page 1 of 10
GSPD-401IT
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P,(B27160)
GENERAL PROVISIONS
"Operathig Software" means those routines, whether or
not identified as Program Products, that reside In the
Equipment and are required for the Equipment to perform
its intended func tion(s), and which interface the operator,
other Contractor -supplied programs, and user programs to
the Equipment.
"Operational Use Time" means for perfomwnce
measurement purposes, that time during which Equipment Is
In actual operation by the State. For maintenance
Operational Use Time purposes, that time during which
Equipment is in actual operation and Is not synonymous
with power on time.
"Performance Testing Period" means a period of time
during which the State, by appropriate. tests end production
runs, evaluates the performance of newly installed
Equipment and Software prior to its acceptance by. the
State.
"Period of Maintenance Coverage" means the period of
time, as selected by the State, during which maintenance
services are provided, by the Contractor for a fixed monthly
charge, as opposed to an hourly charge for services
rendered. The Period of Maintenance Coverage consists of
the Principal Period of Maintenance and any additional
hours of coverage ier day, and/or huxeased coverage for
weekends and • holidays.
"Preventive Metntenance" means that maintenance,
performed on a scheduled basis by the Contractor, which is
designed : to keep the Equipment in proper operating
condition.
"Principal Period of Maintenance" means any nine
consecutive hours per day (usually between the hours of
7:00 am. end 6:00 p.m.) es selected by the State,
'inducting an official meal period not to exceed one hour,
• Monday through Friday, excluding holidays observed at the
Installation
"Programming Aids" means Contractor -supplied program
end routines executable on the Contractor's Equipment
which assists a programmer in the development of
applications including language processors, sorts,
communications modules, data base management systems,
and utility routines, (tape -to -disk routines, disk -to -print
routines, etc.). '
"Program Product" mans program, routines, subroutines,
and related Items which are proprietary to the Contractor
end which are licensed to the State for its use, usually on
the bests of separl tely stated charges and appropriate
contractual provisions.
"Remedial Maintenance" means that maintenance
performed by the Contractor which results from Equipment
(Including Operating Software) failure, and which Is
performed as required, i.e., on an unscheduled basis.
"Sib License" means for each product, the term 'Site
License' shall mean the license established upon acquisition
of the applicable number of copies of such product end
payment of the applicable license fees as set forth in the
Statement of Work:
"Software" means an all-inclusive term which refers to any
computer programs, routines, or subroutines 'supplied by the
Contractor, Including Operating Software, Programming Aids,
Application Program, and Program Products.
"Software Failure" means a malfunction In the Contractor-
supptied Software, other than, Operating Software, which
prevents the accomplishment of work even though the
Equipment (including its Operating Software) may eti11 be
' capable of operating properly. For 'Operating Software
failure, see definition of Equipment Failure.
' "State" means the government of the State of California,
Revision 8/10/2009 (GSPD-4011Tbased on Apri112, 2007)
its employees and authorized representatives, including
without limitation any department, agency, or other unit of
the government of the State of California.
"System" means the complete collection of Hardware,
Software and services as described in this Contract,
integrated and functioning together, end performhg in
accordance with this Contract.
"U.S. Intellectual Property Rights" means Intellectual property
rights enforceable in the United States of America, including •
without limitation rights in trade secrets, copyrights, and U.S.
patents. .
2. CONTRACT FORMATION:
a) If this Contract results from a sealed bid offered In response to a
solicitation conducted pursuant to Chapters 2 (commenting with
Section 10290), 3'(commencing wkh Section 12100), and 3.6
(commandng wrih Section 12125) of Part 2 of Division 2 of the
Public Contract Code (PCC), then Contractor's bid is a firm offer
to the State whichle aooepted by the Issuance of this Contract
and no further action is required by either party.
b) If this Contract results from a solicitation other than described
in paragraph a), above, Contractors quotation or proposal is
deemed a flrn offer and this Connect dooument is the State's
acceptance of that offer.
c) ff this Contract resisted from a joint bkl,11 chef be deemed one
indivisible Contract. Each such jot Contractor wit be jointly and
severally liable for the performance of the entire Contract. The
Stale assumes no responsibility or obligation for the division of
orders or purchases among joint Contractors.
3. COMPLETE INTEGRATION: This Contract, Including any documents
incorporated herein by express reference, is intended to be a
complete integration and there are no prior or contemporaneous
different or additional agreements pertaining to the subject matter of
the Contract
.4. SEVERABILITY: The Contractor and the State agree that ff any
provision of this Contract Is found to be illegal or unenforoeable, such
term or provision 'hail be deemed stricken and the remainder of the
Contract shall remain In full thyme and effect. Ether party having
knowledge of such term or provielon shall promptly inform the other of
the presumed nonapploebility of such provision.
5. INDEPENDENT CONTRACTOR: Contractor end the agents and
employees of Contractor, in the performance of this Contract, shall act
In an Independent capacity and notes officers or employees or agents
of the State.
6. APPUCABLE LAW: This Contract shall be governed by end shall be
interpreted in accordance with the laws of the State of California;
venue of any action brought with regard to this Contract shall be in
Sacramento County, Sacramento, California.. The Linked Nations
Convention on Contracts for the International Sale of Goods shell not
apply to this Contract.
7. COMPUANCE WITH STATUTES AND REGULATIONS:
a) Contractor warrants and certifies that in the perbmnance
of this Contract, it will comply with ell applicable statutes,
rules, regulations and orders of the United States and the
State of Celtomla and agrees to indemnify the State
against any loss, cost, damage or labitty by reason of the
Contractor's violation of this provision.
b) The State ad notify Contractor of any such daim In
writing and tender the defense thereof within a reasonable
time; and
' Page 2of10
GSPD-401 IT
• WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P:(B27160)
GENERAL PROVISIONS
c) Contractor will have sole control of the defense of any
action on such claim and all negotiations for its settlement
or compromise; provided that (1) when substantial principles
of government or public law are involved, when iltlgation
might create precedent affecting future State operations or
inability, or when involvement of the State is otherwise
mandated by law, the State may participate In such action
at its own expense with respect to attorneys' fees and
costs (but not debility); (II) the State will have the right to
approve or disapprove any settlement or compromise, which
approval will not unreasonably be withheld or delayed; and
(Ili) the State will reasonably cooperate in the defense and
in any related settlement negotiations.
d) 1f this Contract is in excess of $500,000, it is subject to
the requirements of the World Trade Organization (WTO)
Government Prokarement Agreement (GPA).
e) To the extent that this contract fads .within the scope of
Government Code Section 11135, Contractor hereby agrees
to respond to and resolve any complaint brought to Its
attention, regarding accessibility of its products or services.
8. CONTRACTOR'S POWER AND AUTHORITY: The Contractor
warrants that it has full power end,authority to grant the rights herein
granted and avid hold the State harmless from and against any loos,
cost, iiability, and expense (Including reasonable attorney fees) arising
out of any breach of this warranty. Further,. Contractor avers that it
will not enter into any arrangement with any third party which might
abridge any rights of the State under this Contract.
The State will notify Contractor of any such claim in writing
and tender the defense thereof within a reasonable time;
and
Contractor will have sole control of the defense of any
.action on such claim and all negotiations for Its settlement
or compromise; provided that (I) when substantial principles
of government or public law are involved, when litigation
might create precedent affecting future State operations or
liability, or when involvement of the State is otherwise
mandated by law, the State may participate in such action
at its own expense with .rasped to attorneys' fees and
costs (but not liability); 01) the State will have the right to
approve or disapprove any settlement or compromise, which
approval will not unreasonably be withheld or delayed; and
(di) the State will reasonably cooperate In the defense and
in any related settlement negotiations.
9. ASSIGNMENT: This Contract shaft not be assignable by the Contractor
to whole or In part without the written consent of the State. For the
Purpose of this paragraph, State will not. unreasonably prohibit
Contractor from freely assigning its right to payment, provided that
Contractor remains responsible for its obligations hereunder.
10. WAIVER OF RIGHTS: Any action or inaction by the State or the failure
of the State pn any occasion, to enforce any right or provision of the
Contract, shad not be construed to be a waiver by the State of its
rights hereunder and shall not prevent the State from enforcing such
provislon or right on any future occasion. The rights and remedies of
the State herein are cumulative and are In addition to any other rights
or remedies that the State may have at law or in equity.
11. ORDER OF PRECEDENCE: In the event of any inconsistency
between this Partidpadng Addendum and Master Price Agreement,
the following order of precedence shad apply:
Revision 8r10/2009 (GSPD4011T based on April 12, 2007) •
a) executed participating addendum(s);
by the teens and conditions of the Master Price Agreement;
C) exhibits to the Master Price Agreement
d) the list of products and services contained In the purchase
order;
e) the Request for Information (or similar) document and
Contractor's Response b the Request for Information (or similar
document).
12. PACKING AND SHIPMENT:
a) All Goods are to be packed in suitable containers for protection in
shipment and storage, end In accordance with applicable
specifications. Each container of a multiple container shipment
shall be Identified to:
I) show the number of the container and the total number of
containers in the shipment; and
II) the number of the container in which the packing sheet has
been enclosed.
b) All shipments by Contractor or Its subcontractors must Include
packing sheets identlfying: the State's Contract number, item
number, quantity and unit of measure; part number and
description of the Goods shipped; and' appropriate evidence of
inapecdon, If required.. Goods for different Contracts shall be
listed on separate packing sheets:
c) Shipments must be made as specified In this Contract, as It may be
amended, or otherwise directed in writing by the State's
Transportation Management .Unit within the Department of
General Services, Procurement Division.
13. TRANSPORTATION COSTS AND OTHER FEES OR OMENS _ _
No charge for delivery, drayage, express, parcel post, packing,
cartage, insurance, license fees, permits, cost of bonds, or for any
other purpose will be paid by the State unless expressly included and
Itemized In the Contrail.
a) Contractor must strictly follow Contract requirements regarding
Free on Board (F.O.B.), freight terms and routing Instructions.
The State may permit use of an alternate carrier at no additional
coat to the State with advance written authorization of the Buyer.
b) if'prepay and add' is selected, supporting freight bills are required
when over $60, unless an exact insight charge is approved by
the Trensportetbn Management Unit whin the Department of
General Services Procurement DMsion and a waiver N granted.
c) On "F.O.B. Shipping Poled' transactions, should any shipments
under the Contract be received by the State in a damaged
oondkion and any related freight loss and damage claims flied
against the carrier or carriers be wholly or partially declined by
the carrier or barriers with the inference that damage was the
result of the act of the shipper such as inadequate packaging or
loading or some inherent deiect in the Equipment and/or
material, Contractor, on request of the State, shall at Contractor's
own expense assist the State in establishing. carrier liability by
supplying evidence that the Equipment and/or material was
properly constructed, manufacturedepackaged, and secured to
withstand normal transportation conditions.
14. DELAVERY: Contractor shall strictly adhere to the delivery and
completion schedules specffied in this Contract. Tirne, if stated as a
number of days, shad mean calendar days unless otherwise specified.
The quantities specified hereinare theonly quantities required. • I
Contractor delivers in excess of the quantities specified herein, the
State shall not be required to make any payment for the excess
Deliverables, and may return them to Contractor at Contractor's
expense or utilize any other rights available to the State at law or In
equity.
Page 3of10
GSPD-401IT
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
15. SUBSTITUTIONS: Substitution of Dernrerabies may not be tendered
without advance written consent of the Buyer. Contractor shall not
use any specification in lieu of those contained in the Contract without
written consent of the Buyer.
16. INSPECTION, ACCEPTANCE AND REJECTION: Unless
DELETED
17. •SAMPLES:
a) Samples of items may be required by the State for Inspection and
spedncatbn testing and must be furnished free of expense to the
State. The samples furnished must be identical in all respells to
the products bid and/or specified in the Contract
b) Samples, if not destroyed by tests, may, upon request made at the
time the sample is furnished, be returned et Contractor's
expense.
16. WARRANTY:
DELETED
22. TERMINATION FOR THE CONVENIENCE OF THE STATE: .
a) The State may terminate performance of work under this
Contrail for its .convenience in whole or, from time to time,
in part, if the Department of General Services, Deputy
Director Procurement Division, or designee, determines that
a termination is in the State's interest. Tire Department of
General Services, Deputy Director, Procurement Division, or
designee, shall terminate by delivering to the Contractor a
Notice of Termination specifying the extent of termination
and the effective date thereof.
b) Alter receipt of a Notice of Temdnation, and except as
directed by the State, the Contractor shall immediately
proceed with the following obligations, as applicable,
regardless of any delay In determining or adjusting any
amounts due under this clause. The Contractor shall:
(1) Stop work as spedfied in the Notice of Termination.
(ti) Place no further subcontracts for materials, services,
or %dillies, except • as necessary to complete the
continuing portion of the Contrail
(lit) Terminate all subcontracts to the extent they relate to
the work terminated.
(tv) Settle all outstanding fiabillfas and termination
settlement proposals arising from he termination of
suboontrectei—
Unless otherwise set forth M the Statement of Work, if 'the
Contractor and the State fall to agree on the amount to be
paid because of the termination for convenience, the State
will pay the Contractor the following .amounts; provided that
in no event will total payments exceed the amount payable
to. the Contractor If the Contract had been fully performed:
The Contract price for Deliverables or services
accepted by the State and not previously paid for,
adjusted for any savings on freight end other charges;
and
The total of.
A) The reasonable costs incurred in ' the
performance of the work terminated, including
initial costs and preparatory expenses allocable
thereto, but excluding any cost attributable to
Deliverables or services paid or to be paid; '
B) The reasonable cost of settling and paying
termination settlement proposals under terminated
subcontracts that ere properly chargeable to the
terminated portion of the Contract; and
C) Reasonable storage, transportation,
demobilization, unam rtized overhead and capital
costs. and other costs reasonably Incurred by the
Revision 8/10/2009 (GSPD-40117"based on April 12, 2007)
Contractor in winding down and terminating its
work.
The Contractor will use generally accepted accounting
principles, or accounting principles otherwise agreed to in
writing by the parties, and sound business practices in
determining all costs claimed, agreed to, or determined
under this douse.
23. TERMINATION FOR DEFAULT: •
a) The State may, subject to the clause titled 'Force
Majeure" and to sub -section d) below, by written notice of
default to the Contractor, terminate this Contract in whole
or in part t the Contractor fails to:
I) Deliver the Deliverables or perform the services
within the time specified in the Contract or any
amendment thereto
II) Make progress, so that the lack of progress
endangers performance of this Contract or
ill) Perforn any of the other provisions of this Contract.
b) The State's right to terminate this Contract under sub-
section e) above, may be exercised if the failure constitutes
a materiel breach of this Contract and t the Contractor
does not cure such failure within the time frame stated in
the State's cure notice, which ,in no event will be less than
fifteen (15) days, unless the Statement of Work calls for a•
shorter period.
c) If the State temdnates this Contract in whole or in part
pursuant to this Section, it may acquire, under terms and
in the manner the Buyer considers, appropriate, Deliverables
or eervloes similar to those terminated, and the Contractor
will be liable to the State for any excess costs for twee
Deliverables and services, Including without limitation costs
third party vendors charge for Manufacturing Materials (but
subject to the clause' entitled "Limitation of Liability').
However, the Contractor shall continue the work not
terminated.
d) If the Contract Is temdnated for default, the State may.
require the Contractor to transfer title, or in the case of
licensed Software, license, and deliver to the State, as
drected by the Buyer, any: •
(I) completed Deiverables,- '
(II) partially completed Deliverables, and, '
(111) subject to —provisions of sub -section e) below,
Manufacturing Materials related to the terminated
portion of this Contract . Nothing in this sub -section d)
will be construed to grant the State rights to
Deliverables that it would not have received had this
Contract been fully performed. Upon direction of the
Boyer, the Contractor shall also protect and preserve
property in its possession in which the Stele hes an •
interest
e) The State shell pay Contract price for completed .
Deliverables delivered and accepted. Unless the Statement
of Work calls for different procedures or requires .no.dharge•
delivery of materials, the Conir'ador' and Buyer shall attempt
to agree on the amount of payment for Manufactudng
Materials end other materials delivered and accepted by the
State for the protection and' preservation of the
pnopertyprovided that where the Contractor has billed the
Stale for any such materials, no addltonei charge will apply
Failure to agree will constitute a • dispute under the
Disputes clause. The State may withhold from these
amounts any sum j< determines to be necessary to protect
the State against loss because of outstanding liens or
claims o1 former Ben holders.
f) if, alter termination, 1t is determined by a final rulkig•in
Page4of10'
GSPD-4011T
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
accordance with the Disputes Clause that the Contractor
was not in -default, the -rights and ob6gstions of the parties
shall be the same as lf the termination had been Issued
for the convenience of the State.
g) The rights and remedies of the State In this clause are
in addition to any other rights and remedies. provided by
law or under this Contract, and are subject to the clause
titled 'Limitation of Liability"
24. FORCE MAJEURE
Except for defaults of Subcontractors at any tier, the Contractor shall
not be liable for any excess costs if the failure to perform the Contract
arises from causes beyond thecontrol and without the fault or
negligence of the Contractor. Examples of such causes include, but
are not limited to:
a) Ads of God or of the public enemy, and
b) Acts of the federal or State government in either Its sovereign or
contractual capacity.
If the failure 10 perform is caused by the default of a subcontractor at
any Der, and if the cause of the default is beyond the control of both
the Contractor and subcontractor, and without the fault or negligence
of either, the Contractor shall not be liable for any excess costs for
failure to perform.
25. RIGHTS AND REMEDIES OF STATE FOR DEFAULT:
a) In the event any Deliverables furnished or services provided by the
Contractor in the performance of the Contract should fall to
conform to the requirements herein, or to the sample submitted
by the Contractor, the State may reject the same, and it shall
become the duty of the Contractor to reclaim and remove the
Item promptly or to correct the performance of services, wllhout
expense to the State, and immediately replace ell such rejected
items with others conforming to the Contract
b) In addition to any other rights and remedies the State may have,
the State may require Contractor, at Contractor's expense, to
ship Deliverables via air freight or expedited routing to avoid or
minimize actual or potential delay 1 the delay Is the fault of the
Contractor.
c) In the event of the termination of the Contract, either in whole or in
part, by reason of default or breach by the Contractor, any loss
or damage sustainedby the Slate In procuring any Items which
the Contractor agreed to supply shall be borne end.paid for by
the Contractor (but subject to the clause entitled `Limitation of
, d) The Stets reserves the right to offset the reasonable cost of all
damages caused to the State against any outstanding invoices
or amounts owed to Contractor or to make a claim against the
Contractor therefore.
26. LBMRATION OF LIABILITY:
a) Contractor's lability for damages to the State for any
cootie wl1atagever, and regardless of the form of action,
whetter In Conked or In tort, shall be limited to two times
the Purchase Price. For purposes of this sub -section a),
'Purchase Price' will mean the aggregate Conked pace;
except that, with respect to a Contract under which multiple
purchase orders will be issued (e.g., a Master Agreement
or Multiple Award Schedule contract), 'Purchase Price" will
mean the total price of . the purchase order for the
Deliverablg(s) or service(s) that gave rise to the loss, such
that Contractor will have a separate limitation of liability for
each purchase order.
b) The foregoing limitation of lability shall not apply (1) to
Revision 8/10/2009 (GSPD-401IT based on April 12 2007)
liability under the General Provisions, entitled 'Patent,
Copyright. and Trade Secret Protection" or to any other
liability (including without Imitation Indemnification
obligations) for Infringement of third party intellectual
property rights; (11) to claims covered by eny specific
provision herein calling for liquidated damages; (Ni) to
claims arising under provisions herein calling for
Indemnification for third party claims against the State for •
bodily injury to persons or damage to real or tangible
personal property caused by Contractors negligence or
willful misconduct; or (iv) to -costs or attomey's fees that
the State. becomes entitled to recover as a prevailing party
in -any action.
e) The State's lability for damages for any cause
whatsoever, and regardless of the form of action, whether
in Contract or in tort, shall be limited to the Purchase
Price, as that term is defined in subsection a) above.
Nothing herein shall be construed to waive or Omit the
State's sovereign Immunity or any other Immunity from suit
provided by law.
d) In no, event will either the Contractor or the Stare be
liable for consequential, incidental, indirect, special, or
punitive damages; even if notification has been given as to
the possibility of such damages, except (i) to the extent
that Contractor's (lability for such damages is specifically set
forth in the Statement of Work or (ii) to the extent that
Contractor's liability for such damages arises out of sub-
section b)(i), b)(ii), or b)(Iv) above.
27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS
DAMAGE TO PROPERTY:
a) The Contractor shall be liable for damages arising out of injury to
the person and/or damage to the property of the State,
employees of the State, persons designated by the State for
training, or any other person(s) other than agents or employees
of the Contractor, designated by the State for any purpose, prior
to, during, or subsequent to delivery, Installation, acceptance,
and use of the Deliverables either at the Contracts site or at
the State's place of business, provided that the injury or damage
was caused by the fault or negligence of the Contractor.
b) Contraotor shall not be gable for damages arising out of or caused
by an alteration or an Attachment not made or installed by the
Contractor, or for damage to alterations or Attachments that may
result from the normal operation and maintenance of the
Deliverables provided by the Contractor during the Contract
28.INDEMNIFICATION: Contractor agrees to Indemnify, defend and
save harmless the State, its officers, agents and employees
from any and ell third party claims, costs (including without
limitation reasonable attorneys" fees), and losses due to the
Injury or death of any individual, or the loss or damage to any
real or tangible personal properly, resulting from the willful
misconduct or negligent ads or omissions of Contractor or any
of Its agents, subcontractors, employees, suppliers, laborers, or
any other person, firm, or corporation furnishing or supplying
work, services, - materials, or supplies in connection with the
performance of this , Contract. Such defense and payment will
be conditional upon ,the following:
a) The State will no Contractor of any such calm in writing
and tender the defense thereof within a reasonable time;
and
b) Contractor will have sole control of the defense of any action
on such debn and all negotiations for its settlement or
compromise; provided that () when substantial principles of
government or pubic law are invohved, when litigation mtg`
create precedent effecting future State operations or Ilabilt
Page 5 of 10
GSPD-401IT
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
or when invohrernent of the State is otherwise mandated by
law, the State may participate in such action at its own
expense with respect to attorneys' fees and its (but not
liebllty): (s) the State will have the right to approve or
disapprove any settlement or compromise, which approval
will not unreasonably be withheld or delayed; and (iii) the
Stet& will reasonably cooperate In the defense and in any
related settlement negotiations. -
29. INVOICES: Unless otherwise specified, invoices shall be sent to
the address set forth herein. Invoices shall be submitted in triplicate
and shall include the Contract number, release order number (tl
applicable); item number, unit price, extended item. price and invoice
total amount. State -sales tax and/or use tax shell be Itemized
separately and added to each Invoice as applicable.
30. REQUIRED PAYMENT DATE: Payment wiq be made In accordance
with the provisions of the California Prompt Payment Act, Government
Code Section 927 et. seq. Unless expressly exempted by statute, the
Act requires State agencies to pay properly submitted, undisputed
Invoices not more than 45 days after (i) the date of acceptance of
Deliverables or performance of services; or (d) receipt of an
undisputed Invoice, whichever is later.
31. TAXES: Unteas otherwise required by law, the State of California Is
exempt from Federal excise taxes. The State MI only pay for any
Slate or local sales or use taxes on the services rendered or Goods
supplied to the State pursuant to this Contract.
32. NEWLY MANUFACTURED GOODS: •
DELETED.
33. CONTRACT MODIFICATION: No amendment or variation of the
terms at this Contract shall be valid unless made in writing, signed by
the parties and approved es required. No oral understanding or
agreement not incorporated in the Contract is tiding on any of the
Parties.
34. CONFIDENTIALITY OF DATA: All fhnandal, statistical, personal,
technical and other data and information relating to the State's
operation which are designated confidential by the State and made
available to the Contractor in order to carry out this Contract. or which
become available to the Contractor in carrying out this Contract, shall
be protected by the Contractor from unauthorized use and disclosure
through the observance of the same or more effective procedural
requirements as are applicable to the State. The Identification of all
such confidential data and Information es well as the Stale's
procedural requirements for protection of such data and information
from unauthorized use and disclosure shall be provided by the State
in wrong to the Contractor. If the methods and procedures employed
by the Contractor for the protection of the Contractor's data and
information are deemed by the State to be adequate for the protection
of the State's confidential information, such methods and procedures
may be used, with the written consent of the State, to carry out the
intent of this paragraph. The Cohtractor shall not be required under
the provisions. of this paragraph to keep confidential any data or
information which is or becomes publicly available, is already rightfully
• in the Contractor's possession, is independently developed by the
Contractor outside the scope of this Contract, or is rightfully obtained
from third parties.
•
35. NEWS RELEASES: Unless otherwise exempted,' news releases
pertaining to this Contract shall not be made without prior written
approval of the Department of General Services.
Revision 8110 2009 (GSPD-4011T based on April 12, 2007)
36. DOCUMENTATION
a) The Contractor agrees to provide to the State, at no charge,
a number of all nonproprietary manuals and other printed
materials, as described within the Statement of Work, and
updated vemiors; thereof, which are necessary or useful to
the State in its use of the Equipment or Software provided
hereunder. The Contractor agrees to provide additional
Documentation at prices not in excess of chergas made by
the Contractor to is other customers for similar
Documentation.
b) If the Contractor is unable to perform maintenance or the
State desires to perform lb own maintenance on Equipment
purchased under this Contract then upon vvritten notice by
the State the Contractor will provide at Contractor's then '
ourrent rates and tees adequate and reasonable assistanoe
including relevant Documentation to allow the State to
maintain the Equipment based on Contractor's methodology.
The Contractor agrees that the State may reproduce such
• Documentation for Its own use in maintaining the
Equipment If the Contractor is unable to perform
maintenance, the Contractor agrees to license any other
Contractor that the State may have hired to maintain the
Equipment to use the above noted Documentation. The
State agrees to include the Contractor's copyright notice on
any such Documentation reproduced, In accordance with
copyright instructions to be provided by the Contractor.
37. RIGHTS IN WORK PRODUCT:
a) All inventions, discoveries, Intellectual property, technical
communications and records originated or prepared by the
Contractor pursuant to this Contract Including papers,
reports, charts, computer programs, and other
Documentation or improvements thereto, and including
Contractors adminietratve communications end records
relating to this Contract (collectively, the 'Work Product"),
shall be Contractors exduslve property. The provisions of
this sub -section a) may be revised In a Statement of
Work.
b) Software and other materials developed or otherwise
obtained by or for Contractor or is affiliates independently
of this Contract or applicable purchase order ('Pre -Existing
Materials') do not constitute Work Product. if Contractor
creates derivative works of Pre -Existing Materials, the
elements of such derivative works created pursuant to this
Contract constitute Work Product, but other elements do
not Nothing in' this Section 37 will be construed to
interfere with Contractors or Its affiliates' ownership of Pre -
Existing Materiels.
The State will have Government Purpose Rights to the
Work Product as Deliverable. or delivered to the State
hereunder. 'Government Purpose Rights' are the
unlimited, irrevocable. worldwide, perpetual, royaty4 se,
non-exclusive rights and licenses to use, modify, reproduce,
perform, release, display, create derivative works from, and
. disclose the Work Product. 'Government Purpose Rights'
• also Include the right to release or disclose the Work
Product outside the State for any State government
purpose andto authorize recipients to use, modiy,
reproduce, perform, release, display, create derivative works
from, and disclose the Work Product for any 'State
government purpose. Such redplerds of the Work Product
may include, without Imitation, State Contractors, California
local governments, the U.S. federal government and the
State and local governments -of other states. `Government
Purpose Rights' do not Include any rights to use,• modify,
reproduce, perform, release, display, create derivative works
from, or disclose the Work Product for any commercial
Page 6 of 10
GSPD-401 IT
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL PROVISIONS
purpose.
The ideas. concepts, know4how, or techniques retelirg to
data processing, developed during the course of this
Contract by the Contractor or tangy by the Contractor and
the State may be used by either pany without obligation
o1 notice or accounting.
This Contract shall not preclude the Contractor from
developing matenals outside tits Contract that are
competitive, inespedwe of their similarity to matenals which
might be delivered to the State pursuant to this Contract,
38. PROTECTION OF PROPRIETARY SOFTWARE AND
OTHER PROPRIETARY DATA
e) Stale agrees that at malenal appropriately marked or
identified in writing as proprietary. and furnished hereunder
are provided for Stese's exclusive use for the purposes of
this Contract only. - All such proprietary dale shell remain
the property of the Contractor. Stele agrees to take all
reasonable steps 10 Insure that such propnetary dela are
not disclosed to dthere, without prior wnllen consent of the
Contractor, aubjed to the Callomia Public Records Act_
b)The State will nsure. prior to disposing of any media,
that any licensed materiels contained thereon have been
erased or otherwise destroyed.
e) The State agrees that it will lake appropriate action by
instruction. egreement or °theorise wish its employees or
other persons permitted access to bcensed software and
other proprietary data to satisfy its obligations under this
Contract wrath respect 10 use, copying. modification,
protection and secunty of proprletery software and other
proprietary date_
39. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY:
a) Contractor win indemnify, defend, and save harmless the
State, its officers, agents, and employees. from any and an
third party claims. costs (including wnthoul limitation
reasonable attorneys' tees); and fosses for infringement or
violation of any U.S. Intellectual Property Right by any
product or service provided hereunder. With reaped to
claims arising frorn oompuler Hardware or Software
manufactured by a third party and sold by Contractor as a
reader, Contractor will pass through to the Slate such
indemnity rights as it receives from such thud party ('Third
Part Obligation') and will cooperate in enforcing them;
provided That if the third party manufacturer faits to honor
the Third Party Obligation, Contractor will provide the Stale
with indemnity protection equal to that called for by the
Third Parry Obligation. but in no event greater than that
called for in the first sentence of this Section 39a). The
provisions of the preceding sentence apply only to third
party computer Hardware or Software sold as a distinct unit
end accepted by the Stele.
Unless a Thud Party Obligation provides otherwise. Ina
defense and payment obligations set forth in this Section
39a) will be conditions) upon the following:
The State Wit notify Contractor of any such claim in
writing and lender the defense thereof within a
reasonable lime, and
Contractor wrUI have sole control of the defense of any
action on such cteim and at negotiations for its
seldamant or compromise; provided that (i) when
substantial principles of government or public law are
involved. when litigation 'ought cream precedent adecong
(alone Stele operelons or liabiay. or when involvement
Ravlslon a/1012009 (GSPO-4011T 6ised on April 12, 2007)
Of the Slate is otherwise mandated by law, the State
may participate in such action at cis own expense with
respect to attorneys' fees end coats (but not lability); (d)
the Stale will have the nghl to approve or disapprove
any settlement or compromise, which approval will not
unreasonably be withheld or delayed, and (hi) the State
will reasonably cooperate In the defense and in any
related settlement negotiations.
b) Contractor may be required to furnish a bond to the State
against any and ell toss, damage, costs, expenses, dawns and
liebltrty for patent, copyright end trade secret infringement.
cl Should the Deliverables or Software, or the operation thereof,
become, of In the Contractor's opinion ere likely to become, the
subject of a claim of infringement or violation o1 a U.S.
Intellectual Property Right, the Stale shell permit the Contractor
at ds option and expense either to procure for the State the right
to continua using the Dehverabie; or Sofware, or to replace or
modify the same so that they become non -infringing. t none of
these options can reasonably be taken, or d the use of such
Deliverables or Software by the Siete shall be prevented by
Injunction, the Contractor agrees to take back such Deliverables
or Software and make every reasonable effort to assist the Slate
in procuring subsatute.Deiverables or Software. H, in the sole
opinion of the Stele, the return of such infringing Delwarathlos or
Sofivare.makes the retention of other Deliverables or Software
acquired from the Contractor under this Contract mmpractkat, the
Stele shall then have Ins option of terminating such Contracts, or
applicable portion thereof, without .penalty or termination
charge. The Contredor agrees to lake beck such Deliverebh
Software end refund any sums the Stale has paid Cohn
less any reasonable amount for use or damage.
d) The Contractor shalt have no liability to the Slate under any
provision of this clause with reaped to any deem of paten(
copyright or trade secret n(nngement which is based upon:
ft) The combination or ubfrtaeon of Deliverables furnished
hereunder with Equipment or devices not made or furnished
by the Contractor, or,
(d) The operation of Equipment furnished by the Contractor
under the control of any Operating Software other then, or
in addition to, the current version of Contractor -supplied
Operating Software: or
(tit) The modification by the State of the Equipment furnished
hereunder or o1 the Software; or
(iv) The combination or utilization of Software furnished
hereunder w*lh non-canrrador supplied. Software.
e) Convector unifies that it has appropnate systems and controls in
place to ensure That Stab funds wet( not be used in the
performance of this Contract for the acquisition, operation or
maintenance of computer Software in violation of copyright laws.
40. EXAMINATION AND:AUDIT: Contractor agrees that the State, or IS
deagneted representative shall have the right to review and copy any
reoords and supporting D curnenlation penning to performance of
this Colored. Contractor agrees to maintain such records for possible
mirk for e minimum of three (3) years Mew final payment, unless a
longer period of records retention is stipulated. Conuador agrees to
slow the auditor(s) access to such records dung normal business
hours and to allow interviews of any employees or others who might
reasonably have information related to euch recorde. Further,
Conlredor agrees to include a sinter right of the State to audit
records and interview staff an any subcontract related to performance
of this Contract
41. DISPUTES: —
a) The parties than deal in good failh and attempt to resolve potent
disputes nlomi&y. If lho dispute paresis. Contractor sh
Page 7 o/ 10
GSPD-4011T
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(B27160)
GENERAL 'PROVISIONS
submit to the Department Director or designee a written demand
fora final decision regarding the dispostbon of any dispute
between the Denies arising under, related to or involving this
Contract, unless the Slate. on its own initiative, has already
rendered such a final decision. Contractors wntten demand
shall be fully supported by factual information, end if such
demand involves a cost adjustment to the Contract, Contractor
shall include with the dernend a wntten statement signed by an
suihonzed person indicating that the demand is made in good
faith, thet the supporting date are accurate and complete and
that the amount requested accurately reflects the Contract
adjustment for which Contractor believes the Slate is liable. If the
Contractor is not satisfied with the decision of the Department
Director or designee, the Contractor may appeal the deacon to
the Department of General Services, Deputy Director.
Procurement Division. In the event that this Contract is for
Information Technology Goods and/or services. the decision may
be appealed to en Executive Committee of State and Contractor
personnel.
b) Pending the final resolution of any dispute eneing under. related to
or nvebong this Contract, Contractor agrees 10 diligently proceed
with the performance of this Contract, including the delivery of
Goods or providing of services in accordance with the Stales
instructions. Contractor's failure to diligently proceed m
accordance with the Slate's instructions shall be considered a
material breach of this Contract.
c) Any final decision of the Slate shall be expressly identified as such,
shall be in witting. and shall be signed by the Department
Director or designee or Deputy Director, Pmcurement Division If
en appeal was made. If the State kids to render a final deas;on
within 90 days after receipt of Contractor's demand. it shall be
deemed a final derision adverse to Contractor's contentions.
The State's net decision shall be conclusive and binding
regarding the dispute unless Contractor commences an action in
a mutt of competent junsdiction to contest such decision within
90 days following the date of the anal Masten or ono (1) year
following the accrual of the cause of action. whichever is later.
42. STOP WORK:
e) The Stale may, at any time, by wntten Slop Work Order to the
Contractor. require the Contractor to stop all, or any part. of the
work called for by this Contract for period up to 90 days after
the Stop Work Order is delivered to the Contractor, and for any
further paned to which the parties may agree. The Stop Work
Order shall be specifically tdentified es such and shall indicate it
is issued under this clause 'Upon receipt of the Stop Work
Order. the Contractor shell rnwnedietely comply with its terms
and lake ell reasonable steps to minimize the incurrence of costs
allocable to the work covered by the Stop Work Order dunng the
period of work stoppage. Within a paned of 90 days after a Stop
Work Order is delivered to the Contractor. or within any
extension of That penod to which the peeves shall have agreed.
the Siete shall ratter:
(i) Cancel the Stop Work Order: or
(i) Terminate the work covered by the Stop Work Order as
provided for in the termination for default or the termination
for eoiwemence clause of this Contract.
b) I1 a Slop Work Order sawed under this douse is canceled or the
period of the Slop Work Order or any extension thereof expires,
the Contractor shell resume work. The State shell melee an
equitable edjuewnenl in the delivery schedule, the Contract pnce,
or both. and the Centred shalt be modified, in writing,
accordingly, if.
(h) The Slop Work Order results in an increase in the time
required Tor, or in the Contractor's cost properly allocable to
the performance of any pert alibis Contract; and
(e) The Contractor asserts its right t0 an equitable
Revision 11/10/2009 (GSPD-4011T based on April f?, 2007)
adjustment within 30 days after the end of the penod of
work stoppage: provided, that if the Stale decides the fads
justify the action. the State may receive and act upon a
proposal submitted It any pme before final payment under
this Conked.
el If a Stop Work Order is not canoeted and the work covered by the
Slop Wont Order his geminated Irt accordance wlh the provision
entitled Termination for the Convenience of the Slane. the State
shelf allow reasonable costs resulting from the Slop Work Order
in amving et the lamination settlement
d) The Stale shall not be list* to the Contractor for loss of proms
because of a Sbp Work Order issued under this clause.
43. FOLLOW-ON CONTRACTS:
If the Contrector or rls affiliates provides Technical
Consulting end Direction (as defined betow), the Contractor
and its affiliates:
0) wits not be awarded a subsequent Contract to
supply the service or system, or any significant
component thereof, that is used for or in connection
with any subject of such Technical Consulting and
Direction; snd
will not ed as consonant to any person or entity
that does receive a Contract desonbed in sib-sedwn
(i). rhos prohibition will continue for one (1) year after
Termination of this Contract or completion of the
Techvaal Consulting and Dweobon, whichever comes
later.
"Technical Consulting and Oirecaoit' means services for
which the CoMrsdor received compensation from the Slate
and includes:
(i) development of or esilelance in the development of
work stelements, epedficebons, solicitations. or
feasibility studies;
(G) development or design of test requirements,
(iii) evaluation of test data;
(iv) direction of or evaluation of another Contractor;
(v) provision of formal recommendations regardmg the
acquisition of lMormalion Tedtnology products or
sennoes; or
(vi) provisions of formal recommendation regarding any
of the above. For purposes of this Section, `affiliates'
are employees, directors. perinea, joint venture
pertiapanls. parent corporations, subsrdienes, or any
other entity controlled by, controlling, or under common
control with me Contractor. Control exists when an
sooty owns or dweel$ more than fifty percent (50%) of
the outstanding shares or securities representing the
right to vote for the election of directors or other
managing cut honty.
To the extent permissible by taw, the Director of the
Department of General Servwes. or designee. may waive
the restrictions set font in this Section by written notice to
the Contractor it the [muter determines their application
would not be m the States best interest. Except as
prohibited by law, the restrictions of This Section will not
apply
to followein advice given by vendors of commercial
off -the -shelf products, Including Software and Hardware,
on the operation. integration, repair, or maintenance of
such products after sale; or
where the Stela has entered into a master agreement
for Software or services and the scope of work et the
time of Contract execution expressly casts for future
recommendations among Inc Contractor's own products.
The restnctions set forth in This Section ere In addition to
Page 9of10
GSPO-4011T
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE; PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(627160)
GENERAL PROVISIONS
Conflict of interest restrictions imposed on public Convectors
by California law ("Coped Lewis'). In the even) of any
'consistency, such Conflict Laws ovemde the provisions of
this Section, even d enacted after execution of this
Contract
44. PRIORITY HIRING CONSIDERATIONS: If this Contract includes
cervices in excess of 5200,000. the Contractor shall give pnonty
consideration in filling vacancies in positions funded by the Contract to
qualified recipient Word under Welfare and Institutions Code Section
11200 in accordance with PCC Section 10353.
46. COVENANT AGAINST GRATUITIES: The Contractor warrants that
no gratuities (in the form of entertainmeru, gills, or otherwise) wore
offered or given by the Contractor. or any agent o representative of
the Contractor. 10 any officer or employee of the Slate with a view
toward seating the Contract or sedmng favorable treatment with
respect to any determinations concerning the performance of the
Contract. For breach or violation of this warranty, the State shall have
the right to laminate the -Contract, either in whole or in pan, and any
loss or damage sustained by the Slate in procunng on the open
market any dams whch Contractor agreed to supply shalt be borne
and paid for by the Contractor. The rights and remedies o1 the Stale
Provided m this clause shall not be excluswe and ere in addmon to
any other`rights and (emedies.p'o bled by law or in equity.
46. NONDISCRIMINATION CLAUSE:
a) During the performance of this Conked, Contractor and its
suboonlraclois shall not unlawfully discriminate. harass or allow
harassment, against any employee or applicant for employment
because of sex, sexual orientation, race, color, ancestry,
religious creed, notional origin, dosabdty (including HIV and
AIDS), medical Condition (cancer), age. marital staves, and denial
of family care leave. Contractor and subcontractors shall insure
that the evaluation and Ireatmenl of their employees and
applicants for employment ere free from such discmtinatlon and
harassmenL Contractor end subcontractors shad comply with the
provisions of the Fair Employment and Housing Ad (Government
Code, Section 12990 el seq.) end the applicable regulations
promulgated thereunder (California Code of Regulations. Tele 2.
Section 7285.0 el seq.). The applicable regulations of the Few
Employment and Housing Commission implementing
Government Code Section 12990 (e4), set forth in Chapter 5 o1
Division 4 of Title 2 of the Calforne Code of Regulations are
incorporated into Itri: Conked by reference and made a part
hereof as if set forth in full. Contractor end its subcontractors
shall give written notice of their oblgatrons under this clause 10
labor organizations with which they have a collective bargaining
or otter agreement.
b) The Contractor still include the nondiscmminallon and compliance
provisions of this clause in ell subcontracts to perform work
under the Contract.
47. NATIONAL LABOR, RELATIONS BOARD CERTIFICATION:
Contractor swears under penally of perjury Mel no more Than one
final, rnappealeble finding of contempt of court by a federal court has
been issued against lhs Convector within the immediately preceding
two-year penod because of the Contractors failure to comply with an
order of Ina National Labor Relations Board. This Provision is
required by. and shalt be construed in accordance with. PCC Section
10298.
48. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to Government
Code Sections 4562, 4553, and 4554, the following provisions are
incorporated herein:
e) In submitting a bid to the Slate. the suppler offers and agrees that
Revision &'10/2009 (GSPD4071r based on April 12, 2007)
if the bid is accepted, it will assign to the Slate as nghts, tale, and
interest in and to all pugs of action it may have under Section 4
of the Claylon Act (15 U.S.0 15) or under the Carwnght Act
(Chapter 2, comienclng with Section 16700, of Part 2 of
Division 7 0l the Susness end Professions Code), arising from
purchases.ot Goods, materiel or other lams. or seiviceE by the
supplier for sale to the State pursuant to the solicitation. Such
assignment shall be made end become effective el the time the
State tenders final payment to the supplier.
b} 11 the State receives, either through judgment or settlement, a
monetary recovery for a cause Of action assigned under this
chapter, the assignor shall be entitled to reoeive reimbursement
for actual legal Costs incurred and may. upon demand, recover
from the Stele any portion of the recovery. including treble
damages, attributable to overcharges that were paid by the
assignor but were not paid by the State es part of the bid ergs,
less the expenses incurred in obtaining that portion of the
recovery.
c) Upon demand in wnhng by the ',Bergner, the assignee shall, within
one year from such demand, reassign the cause of action
assigned under this pan d the assignor has been or may have
been injured by the violation of taw for which the cause of action
arose and
(i) the assignee has not been injured thereby, or
(r) the assignee declines to fie a court action for the cause o1
action.
48. DRUG -FREE WORKPLACE CERTIFICATION: The Contractor
certifies under penally of pequry under the laws of the Stal
California That the Contractor will comply with the requirements o
Drug -Free Workplace Act of 1990 (Government Code Section 831
seq.) and will provide a drug -free workplace by taking the following
actions:
a) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensabon, possession, or use of a controlled
substance is prohibited end specifying salons to be taken
against employees for violations, as reoufred by Government
Code Section 8355(a).
b) £stebbsh a Drug -Free Awareness Program as required by
Government Code Section 8355(b) to intent employees about au
of the loaowing:
(i) the dangers o1 drug abuse in the workprace:
(n) the person's'or orgdivzauons policy of maintaining a drug -
free workplace;
(iii) any available counseling, rehabilitation and employee
assietsnce programs; end.
(Iv) penalties that may be imposed upon employees for drug
abuse violations.
c) Provide, as required by Government Code Sector; 8355(c), Mat
every employee who works on the Proposed or resulting
Contract:
(1) will receive a copy of the company's drug -free policy
alaternem; and,
(s) will agree to abide by the terms of the company's statement
as a condition of employment on the Contract
50. FOUR -DIGIT DATE COMPLIANCE: Contractor warrants that
it writ 'provide only Four -Digs Oate tompkanl (as defined below)
Deliverables and%or services to the Stale. -Four Digit Cate
Compliant- Deliverables and services `urn accurately process.
celeulele, compare, and sequence dale oats. including without
limilabon date data arising out of or mating to leap years and
changes in centuries. This warrant and representation is
subject to the warranty terns and condition of this Gemmel
and does not limit the generality of wenany obligations riot (Orin
elsewhere herein.
Page 9 of 10
GSPD-4011T
WESTERN STATES CONTRACTING ALLIANCE (WSCA)
COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014)
DELL MARKETING, L.P.(827160)
GENERAL PROVISIONS
51. SWEATFREE CODE OF CONDUCT:
a) Contractor declares under penalty of penury that no equipment.
melens's, or supplies furnished to the State pursuant to the
contract have been produced in whole or in pen by sweatshop
Tabor, forced labor. convict labor, indentured lebor under penal
sanction, abusive forms of child labor or exploitation of children
in sweatshop Tabor, or with the benefit of sweatshop labor, forced
labor. convict labor, indentured labor under penal sanction,
abusive bmm of amid tabor or exploitation of children in
sweatshop labor. Contractor further declares under penally of
perjury that they adhere to the 5weattree Code of Conduct as set
forth on the California Department of Industne' Relations websrle
located at www.dir.ce.eov. and Public Contract Code Section
6108.
b) Contractor agrees to cooperate fully in prowtling reasonable excess
to its records, documents, agents or employees. or premises d
reasonably required by aulhonzed officials of the State, the
Department of Industrial Relations, or the Department of Justice
to determine Contractor's compliance with the requirements
under paragraph (a).
52. RECYCLING: The Contractor shall certify in wnbng under penalty of
perjury, the minimum, d riot exact, percentage of poet consumer
materiel as defined in the Public Contract Coda Section 12200, in
products, materials, goods, or supplies *tared or sold to the Stale
regardless of whether the product meets the requvemenls of Section
12209. With respell to printer or duplication cartridges Mai comply
with the requirements of Sector 12156(e). the certification required
by this eubdrvisan shall specify that the cartndges so comply (PCC
12205).
53, CHILD SUPPORT COMPLIANCE ACT: For any Contract in excess of
5100,000, the Contractor acknowledges in aocordence vain PCC
Section 7110, that:
a) The Contractor recognizes (he importance of chid and Bundy
support obligations and shell fully comply with all applicable
Stele and federal laws (Mahng to child and family support
enforcement. including, but not limited to, disclosure of
information and compliance wish eer ings assignment orders, as
provided in Chapter 8 (commencing with Section 5200) of Pan 5
of Division 9 of the Family Code; end
b) The Contractor, to the best of its know$edge is lily complying with
the earnings assignment orders of al employees and Is providing
the names of a1 new employees 10 the New Hire Registry
maintained by the California Employment Development
Department.
54. AMERICANS WITH DISABILITIES ACT: Contractor assures
the State that Contractor complies with the Americans with
Disabilities Aol of 1990 (42 U.S.C. 12101 el sem).
55. ELECTRONIC WASTE RECYCLING ACT OF 2003: The Contractor
certifies Ihet it complies with the requirements of the Electronic Waste
Recycling Act of 2003. Chapter 8.5, Pan 3 of Division 30.
commencing with Section 42460 of the Public Resources Code,
relating to hazardous and solid waste. Contractor shaft maintain
documentation and provide roesonable access 10 its records and
documents Mal evidence compliance.
58. USE TAX COLLECTION: In accordance with PCC Section
10295.1, Contractor certifies That it complies with the requirements of
Section 7101 of the Revenue and Taxation Code. Contractor further
certifies that It will immediately advise Slate of any change in its
retailer's sellers permit or eonifirdbon o1 registration or applicable
aWkate'a seters permit or certificate o1 registration as described m
Revhlon 810/2009 (GSPD,401 UT based on April 12, 2007)
subdivision (a) of PCC Section 10295.1.
57. EXPATRIATE CORPORATIONS: Contractor hereby declares
that it is not en expatriate corporation or subsidiary of an expatriate
cerpotation within the meaning d PCC Sections 10286 and 10286.1,
and is eligible to contract with the State.
5B. DOMESTIC PARTNERS: For contracts over 5100,000 executed
or amended after Jenuary 1. 2007. the contractor Certifies that the
contractor is in comphance with Public Contract Code section
10295.3.
Page 10 of 10
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260
OF THE NATIONAL CITY MUNICIPAL CODE BY UTILIZING
WESTERN STATES CONTRACTING ALLIANCE CONTRACT B27160,
AND AUTHORIZING THE PURCHASE FROM DELL, INC., OF
245 DESKTOP COMPUTERS AND MICROSOFT OFFICE
SOFTWARE FOR AN AMOUNT NOT TO EXCEED $234,870
WHEREAS, there are 245 computers utilized by City of National City staff that
are approximately five years or older; and
WHEREAS, those computers are utilizing hardware, operating systems
(Windows XP), and productivity software (Microsoft Office 2003) that are at End of Support
("EOS"), which will cause software updates and spare parts to become increasingly difficult to
obtain when hardware of software issues occur; and
WHEREAS the Information Technology ("IT") Department desires to purchase
245 desktop computers and Microsoft Office Software from Dell, Inc., for an amount not to
exceed $234,870 by waiving the bid process and utilizing Western States Contracting Alliance
("WSCA") Contract B27160; and
WHEREAS, the City of National City will get the best price for the computers and
software by "piggybacking" the State's WSCA Contract B27160; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that
the City may buy directly from a vendor at a price established through competitive bidding by
another public agency whose procedures have been determined to be in substantial compliance
with the City's procurement procedures, and such a determination has been made in this case.
It is therefore recommended that the purchase be made without complying with the competitive
bidding procedure set forth in the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby affirms the determination that the State of California's procurement
procedures are in substantial compliance with the City's, and pursuant to Section 2.60.260 of
the Municipal Code, authorizes the waiver of the bidding process for the purchase of 245
desktop computers and Microsoft Office Software from Dell, Inc., for an amount not to exceed
$234,870 by utilizing Western States Contracting Alliance Contract B27160.
PASSED and ADOPTED this 16th day of April, 2013.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia Gacitua Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 10
ITEM TITLE:
TEMPORARY USE PERMIT - Movies in the Park on June 14th, July 12th, August 9th and September 13th, 2013
at various city locations from 6pm to 9pm. This is a National City sponsored event per Council Policy #804.
PREPARED BY: Vianey Rivera
PHONE: (619) 336-4364
EXPLANATION:
DEPARTMENT: Neigh
APPROVED BY:
rvices Division
This is a request from the National City Community Services Department to conduct t e Movies in the
Park event at Las Palmas Park on June 14TH showing the movie "Honey I Shrunk the Kids", Las
Palmas. Pool on July 12th showing the movie "Despicable Me", Kimball Park — Little Padres Park on
August 9th showing the movie "Angels in the Outfield", and Kimball Bowl on September 13th showing
the movie "Hunger Games". Set-up for the movies will begin at 5 p.m. and dismantling will begin at
9:30pm.
This event is designed as a family night for the residents of National City.
Concessions will be sold by local non -profits and / or food trucks. Event clean up will be performed by
volunteers.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
The City has incurred $237.00 for processing the TUP through various City Departments.
This is a City sponsored event per Council Policy #804.
Total Fees are $237.00
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
Type of Event:
Public Concert _ Fair - Festival
Parade Demonstration Circus
_ Motion Picture Grand Opening _ Other
re,,�
Event Title: MOO O i in T+ Par K
Event Location: ijitS ?AWLS p I tAs (Orab Ol fKkoktei kit-h4. ` `PL )
Event Date(s): From (onim , 7t6Ix/f3i 8/ Yf13i T 13/j3 r-jntbq.Q j'3p03/
Actual Event Hours: 62 amietto am/IC
.2Community vent
_ Block Party
Total Anticipated Attendance:
( Participants Spectators)
Setup/assembly/construction Date: Start time: �f.JN'Y2
Please describe the scope of your setup/assembly work (speck details):
(V tiPabbie weed
Dismantle Date: Completion Time: am i
List any street(s) requiring closure as a result of this event. Include street name(s), day
and time of closing and day and time of reopening.
Sponsoring Organisation: enrY1(.4V') !"k4 ` YZ'► 3 $ d c,p4
Chief Officer of Organization (Name) 3rc,a
Applicant (Name): .Jf i Ca �yC 1 S L
Address: 1�f F L2 VJ .(/ 6
Daytime Phone: ( ) 33(2- LIZ.qQ _ Evening Phone: ( )
Fax: U J 9Z E-Mail: a i 1criat J ca. clr) V
Contact Person "on site" day of the event: 3 ` IT , Cellular: - Q�--12.32_
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
Is your organization a "Tax Exempt, nonprofit" organization? YES NO
Are admission, entry, vendor or participant fees required? T YESY NO
If YES, please explain the purpose and provide amount(s):
$ Estimated Gross Receipts including ticket, product and sponsorship
sales from this event.
$ Estimated Expenses for this event.
$ What is the projected amount of revenue that the Nonprofit
Organization will receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details
regarding any components of your event such as the use of vehicles, animals,
rides or any other pertinent information about the event.
Mou i-e ran,fri 1 du.SX (� ►+h
ie -that) C-la.1'y trr #�-. oweessliy)'S
d hA local non- f I-fs anclio{
CO 14 1,15 1 A5 \mas PO -44 ney i shrunk.- e�lds
7 I Z-/\( /3 l�,s thi ias 0g tksplaab- Nat
519 /13 K n\oft\I par K® li t-CS -�i Q,Cd �� t
9i t 3 // 3 K m c& 1 �,{\C 19/Nu 1 - 4.iun,5er 60mc5
_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:
_ YES YNO 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:
Cm a=4594 cn3
YES 'NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing aU streets impacted by the event.
YES XNO Does the event involve the use of tents or canopies? If YES: Number of
tent/canopies Sizes NOTE: A
separate Fire Department permit is required for tents or canopies.
_ YES NO Will the event involve the use of the City 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:
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):
n Portable and/or Permanent Toilet Facilities
Number of portable toilets: _ (1 for every 250 people is required, unless the applicant can
show that there are facilities in the immediate area available to the public during the event)
Tables # and Chairs
Fencing, barriers and/or barricades
Generator locations and/or source of electricity
Canopies or tent locations (include tent/canopy dimensions)
Booths, exhibits, displays or enclosures
Scaffolding, bleachers, platforms, stages, grandstands or related structures
Vehicles and/or trailers
Other related event components not covered above
Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.) Number of trash cans: Trash containers with lids:
Des rash ins
for clean-up �d� � of was
'1 CoY� l 6
e and garba edu and after the event:
Please describe your procedures for both Crowd Control and Internal Security:
1,0 ill rqa -t pa-fr00 h41 k PO
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 _ 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:
LX(N-1nri Para( 1110410(1
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
i2ar,5 lrc r! tot-hln r^.€Syme are oa AlCOLD
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
all pa{ S hello acces9b!4 (Inns
Please provide a detailed description of your PARKING plan:
EY sfinq Y ? Irr3 -ring
Please describe your plan for DISABLED PARKING:
xinh 3 �sterra 5pit'S
Please clef cf your pia s to notify all resid nts, t usi_n an es churches impacted by the
event: tQ. e,rfi ? Hc,(,e rs '77 J en1-
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
YES XNO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music. Number
of Stages: Number of Bands:
Type of Music:
YES _ NO Will sound amplification be used? If YES, please indicate: Start time:
an3 Finish Time 939 amii
YES j�,�1O Will sound checks be conducted prior to the event? If YES, please indicate: Start
time: am/pm Finish Time am/pm
Please describe the sound equipment that will be used for your event:
YES)L NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
YES'1 NO Any signs, banners, decorations, special lighting? If YES, please describe:
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 C,CAY1Man 1413 ' t(( thp+
Person in Charge of Activity Jess OA SSd ' Lain A,( j ( tm
Address Igo • 1 - atHe
Telephone X Li 2q C? Date(s) of Use (OH; '7A J q'ls
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
Yd , Rem gAfeA.- 31(
For Office use Only
Certificate of Insurance Approved Date
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DIVISION
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Community Services Department
EVENT: Movies in the Park
DATE OF EVENT: June 14th, July 12th, August 9th and September 13th
TIME OF EVENT: 6pm to 9pm
APPROVALS:
DEVELOPMENT SERVICES
FIRE
PUBLIC WORKS/PARKS
FINANCE
COMMUNITY SERVICE
POLICE
CITY ATTORNEY
RISK MANAGER
YES [x]
YES [x]
YES [x]
YES [x]
YES [x]
YES [x]
YES [x]
YES [x)
NO [ ]
NO [ ]
NO [ ]
NO [ ]
NO [
NO [ ]
NO [ ]
NO [ ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x
SEE CONDITIONS [ ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x
CONDITIONS OF APPROVAL:
PUBLIC WORKS (619) 336-4590
Street Division
No involvement.
Facilities Division
No involvement
Park Division
• No involvement during this event
• Will provide extra trash cans for each day
• Will make certain the irrigation is turned off prior to each event.
DEVELOPMENT SERVICES (619) 336-4290
There are know projects located in these locations at this time. I have no
other comments
FINANCE
All concession vendors should be licensed. If they are non profit, they are
fee exempt but still must apply.
RISK MANAGEMENT
Risk Management has no issues with this event
CITY ATTORNEY
Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City and its officials, employees, agents and
volunteers as additional insureds, with amounts of coverage to be determined by
the Risk Manager
FIRE
PLEASE CONSULT THE BUILDING OFFICIAL AND CITY ELECTRICIAN ON
NUMBER 8-10
Inspection of Pool Event By Fire Department on 7-12-13 Required
Stipulations required by the Fire Department for this event are as follows:
1) Access to public streets to be maintained at all times.
2) Fire Department access into and through the movie areas are to be
maintained at all times. Fire apparatus access roads shall have an
unobstructed width of not Tess than 20 feet and an unobstructed vertical
clearance of not less than 13 feet 6 inches
3) Fire Hydrants and fire department connections, shall not be blocked or
obstructed at any time.
4) Participants on foot are to move immediately to the sidewalk upon
approach of emergency vehicle(s).
5) Vehicles in roadway are to move immediately to the right upon approach
of emergency vehicle(s).
6) Provide one 2A:10BC fire extinguisher at inflatable screen. Extinguisher to
be mounted in a visible location between 31/2' to 5' from the floor to the top
of the extinguisher. Maximum travel distance from an extinguisher shall
not be more than 75 feet travel distance. . All fire extinguishers to have
a current State Fire Marshal Tag attached. Please see attached
example.
7) Internal combustion power sources (generators) that may be used for
inflatable screen shall be of adequate capacity to permit uninterrupted
operation during normal operating hours. Refueling shall be conducted
only when the inflatable screen is not in use.
8) Internal combustion power sources (generator) shall be isolated from
contact with the public by either physical guards, fencing or an enclosure.
Internal combustion power shall be at least 20 feet away from the screen.
9) Any electrical power used is to be properly grounded and approved.
Extension cords shall be used as "Temporary Wiring" only. To be
evaluated by the Building Official and City Electrician for
requirements due to proximity to pool water
10) Access to electrical appliances shall be limited to qualified personnel only.
Electrical area shall be sectioned off from participants for safety. Distance
from water to electrical appliances shall meet current Building/Electrical
codes (Please consult Building Official).
11) A fire safety inspection is to be conducted by the Fire Department prior to
operations of the event.
If you have any questions please feel free to contact me.
POLICE DEPARTMENT
Extra patrol for all movie locations and dates.
Re:: Temporary Use Permit — Movies in the Park
June 14, 2013 @ Las Palmas Park
July 12, 2013 @ NC Pool
August 9, 2013 @ Kimball Park — Little Padres Field
September 13, 2013 @ Kimball Bowl
Street Division
No involvement.
Facilities Division
No involvement
Park Division
• No involvement during this event
• WiII provide extra trash cans for each day
• Will make certain the irrigation is turned off prior to each event.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
IEETING DATE: April 16th, 2013
AGENDA ITEM NO. P-1
ITEM TITLE:
Warrant Register #37 for the period of 03/06/13 through.03/12/13 in the amount of $469,433.02.
(Finance)
PREPARED BY: K. Apalategui DEPARTMENT: Finan e
PHONE: I619-336-43311 APPROVED BY:
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 03/06/13
through 03/12/13
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
City of Chula Vista 306425 108,256.00 Animal Shelter Costs / Police
October 2012 thru Jan 2013
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A1
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
!Ratification of warrants in the amount of $469,433.02
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register #37
PAYEE
CHRISTENSEN & SPATH LLP
E2 MANAGE TECH INC
MAZZARELLA LORENZANA LLP
SDG&E
SWEETWATER AUTHORITY
UNION TRIBUNE PUB CO
VERIZON WIRELESS
AMAZON
BAKER & TAYLOR
BRODART CO
CITY OF NATIONAL CITY
MIDWEST TAPE
ORIENTAL TRADING CO INC
PIG'S EYE PUPPETS
SCLLN
PRINT
'APLES ADVANTAGE
SHOPPER INC
u S POSTMASTER
XEROX CORPORATION
ABC OFFICE
ABCANA INDUSTRIES
AEP CALIFORNIA LLC
AFLAC
ALL FRESH PRODUCTS
ARCO GASPRO PLUS
AT&T MOBILITY
AT&T/MCI
BARAWED, C
BLAUER TACTICAL SYSTEMS
BOOT WORLD
BRENNTAG PACIFIC INC
BROADWAY AUTO ELECTRIC
BROADWAY AUTO GLASS
BUCKNAM INFRASTRUCTURE GRP INC
CALIFORNIA HIGHWAY ADOPTION CO
CHILDREN'S HOSPITAL
CHRISTIANSEN, M
CITY OF CHULA VISTA
CITY OF SANTA ANA
:ORNEJO,J
INTY OF SAN DIEGO
. COMMUNICATIONS
COX COMMUNICATIONS
CULLIGAN
DANIELS TIRE SERVICE
DAY WIRELESS SYSTEMS
DE PASCALE. A
WARRANT REGISTER # 37
3/12/2013
DESCRIPTION
LEGAL / AFFORDABLE HOUSING MATTERS
PROPERTY MITIGATION PLAN NCPW
LEGAU ROSENOW, SPEVACEK GROUP
GAS AND ELECTRIC UTILITIES / SA
WATER UTILITIES / SA
NOTICE OF PUBLIC HEARING / SEC 8
WIRELESS SVCS - SEC 8
BOOKS -AS NEEDED FOR FY 2013
BOOKS -AS NEEDED FOR FY 2013
BOOKS -AS NEEDED FOR FY 2013
SALES TAX 1.50% -VENDOR CHARGED 7.25%
DVD'S, AS NEEDED FOR FY 2013
CRAFT SUPPLIES
PERFORMANCE OF MARIONETTE SHOW ON MARCH
2013 SCLLN MEMBERSHIP DUES.
VIDEO CONFERENCING, LONG DISTANCE
MOP #45704 - SUPPLIES
SUPPLIES
POSTAGE FOR OVERDUE NOTICES
XEROX BASE CHARGES AND OVERAGES
GAUGE LAMINATION FILM / POLICE
HYDROCHLORIC ACID, DRY CHLORINE
LABOR, DIAGNOSE & REPLACE LIGHTBAR
ACCOUNT BDM36 - MARCH 2013
FOOD / NUTRITION CENTER
FUEL
WIRELESS CIRCUIT/PD/1/03/13-2/05/13
PHONE SERVICE - 1/13/13-2/12/13
REIMBURSEMENT - FORCE ENCOUNTERS
HIGH GEAR MARKING CARTRIDGE / PD
MOP 64096 WEARING APPAREL
BULK CHLORINE
ELECTRICAL PARTS
LABOR REPAIR REGULATOR & OUTER PHELPS
SIGN INVENTORY
PARADISE CREEK LITTER REMOVAL
CHILD ABUSE EXAM
EDUCATIONAL REIMBURSEMENT
11/2012 ANIMAL SHELTER COSTS / PD
ADVANCED TUITION -FBI TACTICAL BREACHER
ADVANCED SUBSISTENCE /TRAVEL
RCS COMMUNICATIONS MAINT/FEB 2013
COX COMMUNICATIONS / FEB 2013
COX COMMUNICATIONS / FEB 2013
WATER SOFTENER / NUTRITION
235/55R17 98W S2 EAG RS-A VSBTL
COMPANY MAINT / FEB 2013 / FIRE
REIMBURSEMENT -FIELD TRAINING OFFICER COURSE
1/3
CHK NO DATE AMOUNT
306387 3/12/13 2,214.00
306388 3/12/13 5,462.50
306389 3/12/13 1,500.00
306390 3/12/13 41.51
306391 3/12/13 47.56
306392 3/12/13 647.50
306393 3/12/13. 278.33
306394 3/12/13 1,662.65
306395 3/12/13 1,242.00
306398 3/12/13 424.20
306397 3/12/13 22.74
306398 3/12/13 1,750.70
306399 3/12/13 10.99
306400 3/12/13 200.00
306401 3/12/13 150.00
306402 3/12/13 11.00
306403 3/12/13 945.28
306404 3/12/13 877.95
306405 3/12/13 272.36
306406 3/12/13 248.81
306407 3/12/13 406.89
306408 3/12/13 663.50
306409 3/12/13 140.00
306410 3/12/13 961.00
306411 3/12/13 718.25
306412 3/12/13 39,496.88
308413 3/12/13 2,013.85
306414 3/12/13 10,554.52
306415 3/12/13 50.45
306416 3/12/13 3,587.83
306417 3/12/13 126.00
306418 3/12/13 417.84
306419 3/12/13 271.88
306420 3/12/13 462.80
306421 3/12/13 15,658.93
306422 3/12/13 864.00
306423 3/12/13 368.00
306424 3/12/13 270.00
306425 3/12/13 108,256.00
306426 3112/13 500.00
306427 3/12/13 340.75
306428 3/12/13 9,434.00
306429 3/12/13 79.70
306430 3/12/13 29.12
306431 3/12/13 206.70
306432 3/12/13 793.08
306433 3/12/13 1,078.50
306434 3/12/13 140.73
PAYEE
DELTA CARE USA
DILLARD
EXPERIAN
FARMERS INSURANCE
FAST SIGNS
FEDEX
FLEET SERVICES INC
GROSSMAN PSYCHOLOGICAL
H M PITT LABS INC
HAMILTON MEATS & PROVISIONS
HERNANDEZ, A
HINDERLITER DE LLAMAS & ASSOC
IRON MOUNTAIN
JERAULDS CAR CARE CENTER
KAISER FOUNDATION HEALTH PLANS
KLOS, F
LASER SAVER INC
LOPEZ, Y
MAINTEX INC
MAYER REPROGRAPHICS
MUNICIPAL CODE CORPORATION
NEW YORK NEW YORK HOTEL &
PACIFIC AUTO REPAIR
PACIFIC SAFETY CENTER
PACIFIC TELEMANAGEMENT SERVICE
PADRE JANITORIAL SUPPLIES INC
PARRA, F
PIZARRO, F
PRUDENTIAL OVERALL SUPPLY
RELIANCE STANDARD
ROUNDS, R
ROUNDS, R
S & S WORLDWIDE INC
SAN DIEGO & IMPERIAL COUNTIES
SAN DIEGO COUNTY
SAN DIEGO GAS & ELECTRIC
SAN DIEGO SPORTS MEDICINE
SDG&E
SEAPORT MEAT COMPANY
SMART SOURCE OF CA LLC
SPARKLETTS
SPRINGER, K
STAPLES ADVANTAGE
SUN BADGE COMPANY INC
SWEETWATER AUTHORITY
SYSCO SAN DIEGO
THE COUNSELING TEAM
THE COUNSELING TEAM
WARRANT REGISTER # 37
3/12/2013
DESCRIPTION
PMI DENT INS - MARCH 2013
EDUCATIONAL. REIMBURSEMENT
CREDIT CHECKS / POLICE DEPARTMENT
BL ADMIN REFUND
ALUMINUM MOUNTING CAPS FOR STAND-OFFS.
FEDEX SHIPMENT
MOP 67804 R&M FIRE EQUIPMENT
PRE -EMPLOYMENT EXAMS / POLICE
ON -SITE CHARGES
FOOD / NUTRITION CENTER
REIMBURSEMENT -RECORDS SUPERVISOR COURSE
SALES TAX 1ST QTR - AUDIT SVCS - SALES T
RECORDS STORAGE / MARCH 2013
MOP 72449 R&M AUTO EQUIPMENT
RETIREES INS - MARCH 2013
REIMBURSEMENT -DUI DETECTION SFST TRAINING
MOP 45725 MATERIALS & SUPPLIES
TRANSLATION SERVICES FOR FY13
JANITORIAL SUPPLIES, PARTS
PRINTING OF SPECIFICATIONS 12-12
MUNICIPAL CODE SUPPLEMENT#38 UPDATE 1
RESERVATION FOR BATTALION CHIEF HERNANDEZ
SMOG CERTIFICATION & REPAIRS
GLOBALLY HARMONIZED SYS COURSE
PACIFIC TELEMANAGEMENT/MAR 2013
HDM SUPPLIES / NUTRITION
REIMBURSEMENT - CUPA CONFERENCE
REFUND DEPOSIT #1418 - VILLA PARAISO PRO
MOP 45742 LAUNDRY SERVICE
VOLUNTARY LIFE INS - MARCH 2013
ADVANCED SUBSISTENCE/TRAVEL
ADVANCED SUBSISTENCE & TRAVEL
INV 76505912 COACH BOARDS
25TH SD & IMPERIAL CO AWARD DINNER
REGISTRATION: EXTRADITION TRAINING
GAS & ELECTRIC SERVICE / NUTRITION
MEDICAL FITNESS EVALS / FIRE
FACILITIES DIVISION GAS & ELECTRIC
FOOD / NUTRITION CENTER
MOP 63845 ENVELOPE IMPRINTS
DRINKING WATER 1 NUTRITION
REIMBURSEMENT - TASE INSTRUCTOR
MOP 45704 OFFICE SUPPLIES - PD
COUNCILMEMBER BADGE
WASTEWATER WATER BILL
SUPPLIES / NUTRITION CENTER
CRITICAL INCIDENT STRESS MANAGEMENT COURSE
CRITICAL INCIDENT STRESS MANAGEMENT COURSE
CHK NO DATE
306435 3/12/13
306436 3/12/13
306437 3/12/13
306438 3/12/13
306439 3/12/13
306440 3/12/13
306441 3/12/13
306442 3/12/13
306443 3/12/13
306444 3/12/13
306445 3/12/13
306446 3/12/13
306447 3/12/13
306448 3/12/13
306449 3/12/13
306450 3/12/13
306451 3/12/13
306452 3/12/13
306453 3/12/13
306454 3/12/13
306455 3/12/13
306456 3/12/13
306457 3/12/13
306458 3/12/13
306459 3/12/13
306460 3/12/13
306461 3/12/13
306462 3/12/13
306463 3/12/13
306464 3/12/13
306465 3/12/13
306466 3/12/13
306467 3/12/13
306468 3/12/13
306469 3/12/13
306470 3/12/13
306471 3/12/13
306472 3/12/13
306473 3/12/13
306474 3/12/13
306475 3/12/13
306476 3/12/13
306477 3/12/13
306478 3/12/13
306479 3/12/13
306480 3/12/13
306481 3/12/13
306482 3/12/13
2/3
AMOUNT
2,862.77
350.00
27.48
31.50
704.62
38.23
318.19
250.00
500.00
813.66
105.00
2,645.44
142.00
408.16
22,373.09
83.95
1
1
114.53
1,159.76
537.60
1,251.44
35.00
228.00
408.84
135.51
1,477.24
363.23
2,700,30
713.27
713.27
427.86
150.00
450.00
1,618.26
1,269.00
51.31
294.48
95.94
7.98
71
1,13,
124.00
324.60
2,338.78
199.00
199.00
PAYEE
TRITECH SOFTWARE SYSTEMS
TURF STAR
U S BANK
U.S. HEALTHWORKS
UNION TRIBUNE PUB CO
UNITED ROTARY BRUSH
VALLEY INDUSTRIAL SPECIALTIES
VCA EMERGENCY ANIMAL HOSPITAL
VCA MAIN ST ANIMAL HOSPITAL
VERIZON WIRELESS
VERIZON WIRELESS
W W GRAINGER
WESTFLEX INDUSTRIAL
WILLY'S ELECTRONIC SUPPLY
:ED PAYMENTS
RISTAR RISK MANAGEMENT
WARRANT REGISTER # 37
3/12/2013
DESCRIPTION
TRITECH SOFTWARE SUPPORT 4/1/13-3/31/14
ROLLER 68-6710
CREDIT CARD EXP - CITY MGR
MEDICAL SERVICES
LEGAL NOTICES ADVERTISING
SWEEPER REPAIRS FY 2013
MOP 46453 PLUMBING MATERIAL
STRAY ANIMAL VET CARE / POLICE
K9 VET CARE / POLICE
WIRELESS SERVICE/ 1/22/13 - 2/21/13
CELL PHONE CHGS 1/22/13 - 2/21/13
MOP 65179 ELECTRICAL MATERIAL
MOP 63850 AUTO PARTS
MOP 45763 AUTO PARTS
FEB 2013 W/C REPLENISHMENT
GRAND TOTAL
3/3
CHK NO DATE AMOUNT
306483 3/12/13 114,209.77
306484 3/12/13 602.82
306485 3/12/13 1,830.27
306486 3/12/13 55.00
306487 3/12/13 2,218.80
306488 3/12/13 265.78
306489 3/12/13 1,471.72
306490 3/12/13 196.00
306491 3/12/13 231.92
306492 3/12/13 5,791.99
306493 3/12/13 62.29
306494 3/12/13 1,337.86
306495 3/12/13 159.84
306496 3/12/13 22.37
A/P Total
579816 3/11/13
395,787.85
73,645.17
$ 469,433.02
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBE S, FINANCE LESLIE DEESE, CITY MANAGER
FINANCE COMMITTEE
RONALD J. MORRISON, MAYOR -CHAIRMAN
LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER
MONA RIOS, MEMBER JERRY CANO, MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 16t1 OF APRIL, 2013.
AYES
NAYS
ABSENT
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16th, 2013
AGENDA ITEM NO. 3r2
ITEM TITLE:
'Warrant Register #38 for the period of 03/13/13 through 03/19/13 in the amount of $1,633,649.63.
(Finance)
PREPARED BY: (K. ApalateguI
PHONE: 1619-336-4331j
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 03/13/13
through 03/19/13
DEPARTMENT: Flnan
APPROVED BY:
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
Harris & Associates 306526 69,490.09 8th Street Corridor Smart
Growth
Public Emp Ret System 306555 267,361.85 Retirement Insurance
Period: 2/19/13 - 3/04/13
SDG&E 306565 52,673.73 Gas & Electric utilities
1
FINANCIAL STATEMENT:
ACCOUNT NO. I
N/P
APPROVED: T lil/fjpj1( Finance
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Ratification of warrants in the amount of $1,633,649.63
BOARD / COMMISSION RECOMMENDATION:
IN/A1
ATTACHMENTS:
Narrant Register #38
PAYE
EDCO DISPOSAL CORPORATION
AETNA RESOURCES FOR LIVING
ALDEMCO
ALL THE KINGS FLAGS
AMERICAN BACKFLOW SPECIALTIES
BEST BUY
BRIAN COX MECHANICAL INC
BRICKLEY ENVIRONMENTAL
CA DEP OF PUBLIC HEALTH
CINTAS DOCUMENT MANAGEMENT
CLEAN HARBORS
COOPER'S PLUMBING & HEATING
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
CSULB FOUNDATION
D-MAX ENGINEERING
^OKKEN ENGINEERING
DOLEY ENTERPRISES
W FORD
c,ANBAR ARMORED INC
EQUIFAX INFORMATION SVCS
FAIR -PLAY SCOREBOARDS
FAULKNER, D
FITNESS DIRECT
FLEET SERVICES INC
GEOHYDROLOGIC CONSULTANT INC
GOVCONNECTION, INC.
GRANGETTO FARM & GARDEN
HARRIS & ASSOCIATES INC
HCFA CIO CITY OF EL CAJON
HCFA C/O CITY OF EL CAJON
KIMLEY HORN AND ASSOC INC
KONICA MINOLTA
LANGUAGE LINE SERVICES
LASER SAVER INC
LEACH, D
LEAGUE OF CALIFORNIA CITIES
MAN K-9 INC.
MAN-K9 INC
MASON'S SAW &
METRO AUTO PARTS DISTRIBUTOR
IETRO FIRE & SAFETY
;;-1.ER, C
CONSTRUCTION
MUNISERVICES LLC
NAPA AUTO PARTS
NATIONAL CITY CHAMBER OF
NATIONAL CITY TROPHY
NBS
1/2
WARRANT REGISTER #38
3/19/2013
DESCRIPTION CHK NO PATE AMOUNT
WASTE DISPOSAL SERVICES 306497 3/19/13 104.75
EMP ASSISTANCE PROGRAM - MAR 2013 306498 3/19/13 744.64
FOOD / NUTRITION CENTER 306499 3/19/13 6,765.47
PURCHASES FLAGS, ACCESSORIES 306500 3/19/13 342.31
PURCHASE OF BACKFLOWS, GAUGES, PARTS 306501 3/19/13 180.27
1- DANCE CENTRAL XBOX 360 VIDEO GAME 306502 3/19/13 571.71
A/C REPAIRS, SERVICES ' 306503 3/19/13 202.00
REMOVE AND DISPOSE OF ASBESTOS 306504 3/19/13 3,650.00
RENEWAL OF LEAD INSPECTOR CERTIFICATIONS 306505 3/19/13 225.00
RECORDS DESTRUCTION/SHREDDING 306507 3/19/13 1,025.75
HAZARDOUS WASTE PICKUP 306508 3/19/13 1,250.00
PLUMBING SERVICES, REPAIRS 306509 3/19/13 260.00
DISTRICT RENEWAL FEE 306510 3/19/13 356.00
RECORD OF TRUST/FULL RECONVEYANCE 306511 3/19/13 497.00
TUITION: FIELD TRAINING PROGRAM MGMT 306512 3/19/13 280.00
8TH ST. SMART GROWTH WATER QUALITY TECH 306513 3/19/13 2,252.49
ENGINEERING SERVICES 306514 3/19/13 4,402.08
AMMUNITION / POLICE 306515 3/19/13 22,584.10
MOP 49078 AUTO PARTS 306516 3/19/13 284.35
ARMORED SVC - FINANCE 306517 3/19/13 189.64
FOR S8 FEES FOR EQUIFAX SVCS 306518 3/19/13 71.61
G2 WIRELESS CONTROLLER 306519 3/19/13 420.00
CAMPUS LAW ENFORCEMENT COURSE 306520 3/19/13 1,231.00
FITNESS EQUIPMENT 306521 3/19/13 21,713.55
MOP 67804 AUTO PARTS 306522 3/19/13 256.12
DUCK POND WELL REPAIR 306523 3/19/13 1,850.00
INV 49968491 APPLE IPAD WIFI 4G 64GB 306524 3/19/13 13,444.06
SEMINAR REGISTRATION FEE 306525 3/19/13 495.00
8TH ST. CORRIDOR SMART GROWTH 306526 3/19/13 69,490.09
CALPERS SIDE FUND SUPPLEMENTAL 306527 3/19/13 39,738.00
MEMBER ASSESSMENT FY12-13 4TH QTR 306528 3/19/13 40,502.45
18TH STREET IMPROVEMENTS 306529 3/19/13 34,009.67
COPIER EQUIPMENT LEASE 306530 3/19/13 90.54
LANGUAGE LINE INTERPRETATION SERVICES 306531 3/19/13 13.32
MOP 45725 INK CARTRIDGE - CITY CLERK 306532 3/19/13 152.55
SUBSISTENCE: FIELD TRAINING PROGRAM MGMT 306533 3/19/13 384.00
LOCAL ROADS NEEDS ASSESSMENT 306534 3/19/13 400.00
WEEKLY MAINTENANCE TRAINING FOR POLICE 306535 3/19/13 800.00
K9 FOR PATROL WORK / PD 306536 3/19/13 13,458.75
MOP 45729 MATERIALS & SUPPLIES 306537 3/19/13 21.93
MOP 75943 SMALL TOOLS 306538 3/19/13 1,135.75
REPLACING CHECK #304687 306539 3/19/13 161.38
ADVANCE SUBSISTENCE -CRIMINAL INVESTIGATION 306540 3/19/13 745.66
EMERGENCY REMOVAL, REPLACEMENT, GROVE ST 306541 3/19/13 49,125.00
SUTA/DIST TAX - CA 306542 3/19/13 415.72
MOP 45735 AUTO PARTS 306543 3/19/13 461.23
TOURISM MARKETING FEE - JAN 2013 308544 3/19/13 16,11224
MOP 66556 R&M BUILDINGS 306545 3/19/13 18.53
COST ALLOCATION PLAN 306546 3/19/13 1,050.00
PAYEE
NINYO & MOORE
O'REILLY AUTO PARTS
PERRY FORD
PORAC LEGAL DEFENSE FUND
POWERSTRIDE BATTERY CO INC
PRO BUILD
PROJECT PROFESSIONALS CORP.
PRUDENTIAL OVERALL SUPPLY
PUBLIC EMP RETIREMENT SYSTEM
RIVERSIDE SHERIFFS DEPT
RON BAKER CHEVROLET
SAN DIEGO PET & LAB SUPPLY
SAN DIEGO REGIONAL
SAN DIEGO REGIONAL
SAN DIEGO REGIONAL
SASI
SASI
SDCDA
SDG&E
SEAPORT MEAT COMPANY
SOUTH CAL TRAINING OFFICER'S
SOUTHWEST SIGNAL SERVICE
SPARKLETTS
STAPLES ADVANTAGE
SWEETWATER AUTHORITY
SYSCO SAN DIEGO
THE LIGHTHOUSE INC
T-MAN TRAFFIC SUPPLY
UNDERGROUND SERVICE ALERT
UNION TRIBUNE PUB CO
VALLEY INDUSTRIAL SPECIALTIES
VISION SERVICE PLAN (CA)
VISTA PAINT
W W GRAINGER
WAXIE SANITARY SUPPLY
WEST PAYMENT CENTER
WESTFLEX INDUSTRIAL
WILLY'S ELECTRONIC SUPPLY
SECTION 8 HAPS PAYMENTS
PAYROLL
Pay period
6
Start Date
2/19/2013
WARRANT REGISTER #38
3/19/2013
DESCRIPTION CHK NO DATE
SOIL TESTING, SAFE ROUTES TO SCHOOL 306547 3/19/13
MOP 75877 AUTO PARTS 306548 3/19/13
R&M CITY VEHICLES 306549 3/19/13
LEGAL DEFENSE FUND FOR RESERVE POLICE 306550 3/19/13
MOP 67839 SMALL TOOLS 306551 3/19/13
MOP 45707 BUILDING MATERIAL 306552 3/19/13
ST RESURFACING/CONCRETE PM 306553 3/19/13
MOP 45742 LAUNDRY SERVICE 306554 3/19/13
SERVICE PERIOD 02/19/13 - 03/04/13 306555 3/19/13
TUITION: CRIMINAL INVESTIGATIONS COURSE 306556 3/19/13
MOP 45751 R&M AUTO EQUIPMENT 306557 3/19/13
MOP 45753 K9 FOOD 306558 3/19/13
TUITION: RECORDS CLERK COURSE 306559 3/19/13
TUITION: RECORDS CLERK COURSE 306560 3/19/13
TUITION: TEMPORARY,HOLDING FACILITY TRAINING 306561 3/19/13
REIMBURSEMENT 02/16/13 & 03/02/13 306562 3/19/13
OPEN ENROLLMENT PARTICIPANTS 306563 3/19/13
CITIZENS OF COURAGE 2013 AWARDS 306564 3/19/13
STREET GAS & ELECTRIC 306565 3/19/13
FOOD FOR NUTRITION CENTER 306566 3/19/13
MEMBERSHIP B/C SILVA 306567 3/19/13
TRAFFIC SIGNAL & STREET LIGHTING 306568 3/19/13
DRINKING WATER 306569 3/19/13
MOP 45704 OFFICE SUPPLIES -NSD 306570 3/19/13
FACILITIES WATER BILL 306571 3/19/13
SUPPLIES FOR NUTRITION CENTER 306572 3/19/13
MOP 45726 AUTO PARTS 306573 3/19/13
MOP 76666 TRAFFIC CONTROL SUPPLY 306574 3/19/13
UNDERGROUND SERVICE ALERT CHARGES 306575 3/19/13
REFUND - INVOICE PROCESSED TWICE 306576 3/19/13
MOP 46453 BUILDING MATERIAL 306577 3/19/13
VISION SVC PLAN (CA) MARCH 2013 306578 3/19/13
MOP 68834 PAINT - NSD 306579 3/19/13
MOP 65179 PIPES, VALVES 306580 3/19/13
JANITORIAL SUPPLIES 306581 3/19/13
CLEAR INVESTIGATIVEDATABASES 306582 3/19/13
MOP 63850 R&M FIRE EQUIPMENT 306583 3/19/13
MOP 45763 ELECTRICAL MATERIAL 306584 3/19/13
Start Date
3/13/2013
End Date
3/5/2013
End Date
3/19/2013
Check Date
3/13/2013
A/P Total
2/2
AMOUNT
7,270.25
214.12
749.72
135.00
855.41
2,547.86
39, 043.50
378.42
267,361.85
179.00
288.24
209.76
494.00
494.00
230.00
6,618.60
515.00
52,6
103.:25
50.00
9,398.45
11.56
612.25
3,348.12
2,524.63
185.38
281.34
150.00
1,000.00
1,893.52
133.35
232.00
256.73
54.83
433.44
466.68
79.13
755,413.96
8,25
855,888.88
GRAND TOTAL $ 1,633,649.63
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBERTS, FINANCE
LESLIE DEESE, CITY MANAGER
FINANCE COMMITTEE
RONALD J. MORRISON, MAYOR -CHAIRMAN
LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER
MONA RIOS, MEMBER JERRY CANO, MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 16th OF APRIL, 2013.
AYES
NAYS
ABSENT
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 13
ITEM TITLE:
Public hearing on the Housing Element Update General Plan Amendment (Case No. 2013-08 GP),
pursuant to Article 10.6 of the Government Code (Sections 65880 et al), a comprehensive strategy for
promoting the production, preservation, and maintenance of affordable housing to meet current and
future community housing needs.
PREPARED BY: Raymond Pe joils. DEPARTMENT: Planning Dion
PHONE: 336-4421 APPROVED BY:
EXPLANATION:
The Housing Element of the General Plan is a state -mandated comprehensive strategy for promoting
the production, preservation, and maintenance of affordable housing to meet current and future
community housing needs. The Housing Element was last updated in 2007 and covered a five-year
planning period from 2005 through 2009. The current proposed update is required by state housing law
to be adopted by April 30, 2013 for an eight -year planning period to April 30, 2021.
The Housing Element assesses current and future housing needs and constraints, and it establishes
goals, policies, and programs to address these housing needs for the eight -year planning period. The
City faces the challenges of high regional housing costs, relatively low householdincomes, and the
limited availability of undeveloped, vacant land in a highly developed urban setting.
A background report is attached.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. Not applicable. APPROVED: MIS
The Housing Element Update was prepared in-house by City Staff.
ENVIRONMENTAL REVIEW:
The City Council certified Environmental Impact Report (SCH#2010051009) for the Comprehensive
Land Use Update (General Plan Update, Land Use Code Update, et al) on June 7, 2011 pursuant to the
Califomia Environmental Quality Act (CEQA). The EIR adequately addresses the environmental and
physical impacts that could occur with the adoption and implementation of the Housing Element Update.
ORDINANCE: INTRODUCTION: i FINAL ADOPTION:
STAFF RECOMMENDATION:
Hold the public hearing.
BOARD / COMMISSION RECOMMENDATION:
On March 18, 2013, the Planning Commission held a public hearing and adopted Resolution No. 07-
2013 recommending that the City Council adopt the Housing Element Update General Plan Amendment
(Case No. 2013-08 GP).
ATTACHMENTS:
1. Background Report
2. Planning Commission Resolution No. 07-2013
3. Environmental Health Coalition Comment Letter Dated March 18, 2013
4. Draft Housing Element Amendment (on CD)
5. Draft Housing Element Amendment Strikethrough-Underline (on CD)
Attachment 1
BACKGROUND REPORT
The Housing Element of the General Plan is a state -mandated comprehensive strategy for
promoting the production, preservation, and maintenance of affordable housing to meet current
and future community housing needs. State housing law has declared that the availability of
decent housing and a suitable living environment "is of vital statewide importance" and "a
priority of the highest order."
The Housing Element was last updated in 2007 and covered a five-year planning period from
2005 through 2009. The current proposed update is required by state housing law to be
adopted by April 30, 2013 for an eight -year planning period through April 30, 2021.
The Housing Element assesses current and future housing needs and constraints, and it
establishes goals, policies, and programs to address these housing needs for the eight -year
planning period. The City faces the challenges of high regional housing costs, relatively low
household incomes, and of accommodating its share of the regional housing need given the
limited availability of undeveloped, vacant land in a highly developed urban setting.
The Housing Element consists of the following chapters:
• Chapter 1, Introduction — The purpose and content of the Housing Element.
• Chapter 2, Community Profile — A profile and analysis of the City's demographics,
household characteristics, housing conditions, housing market, and existing and future
housing needs for households of all income levels and special groups such as seniors,
the disabled, large families, single -parent households, and other special needs groups.
The community profile sets the context for the development of housing policy.
• Chapter 3, Constraints — An analysis of constraints to housing production and
maintenance including market, governmental, infrastructure, and environmental factors
that can limit the provision of housing in the community. These constraints may result in
housing that is not affordable to lower and moderate income households, or may render
residential construction economically infeasible for developers. Constraints to housing
production especially impact households with low incomes and those with special needs.
• Chapter 4, Resources — An assessment of resources available to accommodate and
provide housing for all income levels, including land available for new construction or
redevelopment and financial and administrative resources available for housing. One of
the more important resources is the supply of potential residential development sites.
The Housing Element includes an inventory of vacant and under -developed sites that
are suitable for residential development.
• Chapter 5, Accomplishments — A review of accomplishments and evaluation of previous
Housing Element programs, which include home improvement, rehabilitation, repair,
painting, lead hazard control, weatherization, and rental assistance. The programs
included the adoption or revision of various policies to be consistent with housing law,
including the density bonus ordinance, second unit provisions, transitional and
supportive housing, and emergency shelters. Housing production was sufficient to meet
the City's share of the regional housing needs.
• Chapter 6, Housing Plan — The housing goals, objectives, policies and programs
addressing the City's identified housing needs for the eight -year planning period. Many
of the previous Housing Element programs are carried over into the housing plan.
Several previous programs achieved their objectives and are no longer needed, such as
the policies adopted or amended as described in Chapter 5.
PUBLIC PARTICIPATION
The community outreach process for the Housing Element Update has included meetings and
consultations with housing partnerships, organizations, and other stakeholders on programs
and policies. Public comments were solicited through public workshops, meetings, and
presentations, including a public workshop with the Planning Commission on January 14, a
presentation to the City Council on January 15, and presentations to the three Neighborhood
Councils in January and February.
The 2011 strategic plan workshop resulted in a five-year plan that included housing objectives
and action plans that helped to set the context for the development of housing policies.
Outreach efforts have included the publication and posting of workshop and public hearing
notices, media releases, email blasts, and maintaining a dedicated webpage. The Housing
Element Update is an amendment to the General Plan, which requires public hearings before
the Planning Commission and City Council before adoption.
RHNA ALLOCATION
State housing law requires each city and county to accommodate its share of the regional
housing needs, which are the housing units (by household income category) needed to
accommodate growth during the planning period. A share of the. regional housing needs is
allocated to each city and county by each region's metropolitan planning organization. The
Regional Housing Needs Assessment (RHNA) for the San Diego region (county) was prepared
by the San Diego Association of Governments (SANDAG). The Regional Housing Needs
Assessment allocated 1,863 housing units to National City. The household income categories
for these units are: 465 very low income, 353 low income, 327 moderate income, and 718
above moderate income.
SITES INVENTORY
The Housing Element includes an inventory of sites with the most likely potential for residential
development during .the planning period. The inventory includes vacant lands and under-
developed sites that were determined to be suitable for residential development based on land
use and zoning regulations, development standards, and other factors.
The calculated production potential of the inventoried sites was estimated to total 4,359 net
dwelling units. Approximately 4,100 units could be produced on sites that allow a density of 30
Page 2
P2
units or more per acre —a sufficient density to allow for the production of housing for low- and
moderate -income households.
The City's higher density residential and mixed -use development zones provide the greatest
potential for the production of affordable housing because economies of scale can be realized
to reduce the costs of construction. The recent General Plan and Land Use Code updates
increased allowable densities in multi -family residential zones, and also introduced high density
mixed -use zones that replaced most of the commercial zones along major corridors.
The following table illustrates how the City can accommodate its RHNA allocation for all income
categories. Since the RHNA allocation is an estimate of needs from January 1, 2010 to
December 31, 2020, units constructed since 2010 may be counted towards meeting the RHNA
allocation.
Household Income
(% AMI)
RHNA
Allocation
Constructed
Since 2010
Sites
Inventory
Remaining
Need
Extremely Low (0-30%)
233
0
4,100
0
Very Low (>30-50%)
232
6
0
Low (>50-80%)
353
23
0
Moderate (>80-120%)
327
0
259
0
Above Moderate (>120%)
718
20
0
Total
1,863
49
4,359
0
PROPOSED GOALS AND POLICIES
Chapter 6 of the Housing Element contains the Housing Plan for the eight -year planning period.
The Housing Plan includes the housing goals and policies that address the City's housing
needs for the planning period. The six goals of the plan remain unchanged from the previous
Housing Element as they continue to be relevant to the identified housing needs and provide
the appropriate direction for the underlying policies.. Most of the policies also remain
unchanged with only minor technical revisions.
Goal 1: Maintain and enhance the quality of existing residential neighborhoods.
Policy 1.1: Promote the practice of effective management in all rental housing
projects in order to maintain and improve the quality of the City's
rental housing.
Policy 1.2: Facilitate property conservation and community enhancement through
implementation of Design Guidelines, land use regulations and
programs, and State housing law.
Policy 1.3: Improve the conditions of existing housing by continuing to provide
assistance for housing rehabilitation and home improvement.
Goal 2: Conserve the affordability of the existing housing stock.
Policy 2.1:
Preserve "at -risk" affordable units through monitoring and partnering,
working with nonprofits, and exploring funding sources available to
preserve the at -risk units.
Page 3
Goal 3: Increase the availability and affordability of safe and sanitary housing for all income
groups, including providing adequate housing for households with special needs,
such as the elderly, person with disabilities, large families, single -parent households,
and military personnel.
Policy 3.1: Implement existing and new housing assistance programs to meet
the City's regional share for working class families.
Policy 3.2: Provide housing opportunities for all income levels.
Policy 3.3: Participate in regional planning strategies to improve housing
opportunities for military personnel and their families.
Policy 3.4: Promote a higher rate of homeownership in the City for all income
levels.
Policy 3.5: Revitalize neighborhoods by partnering with non -profits to acquire,
develop, and rehabilitate housing.
Policy 3.6: Support volunteer efforts to assist with housing repairs for special
needs households.
Goal 4: Provide a sufficient number of housing units and range of housing types to meet the
current and projected needs of all economic segments of the community.
Policy 4.1:
Policy 4.2:
Policy 4.3:
Policy 4.4:
Policy 4.5:
Policy 4.6:
Policy 4.7:
Policy 4.8:
Policy 4.9:
Policy 4.10:
Policy 4.12:
Policy 4.13:
Promote a full range of housing opportunities.
Provide an adequate supply of land zoned for residential development
to meet the projected housing need. Promote development that
provides the optimum benefit to all neighborhoods.
Encourage the production of new housing affordable to all income
ranges.
Facilitate the development of mixed -use residential projects.
Implement the City's adopted . Design Guidelines in all residential
developments to ensure attractive, functional housing is built for
residents of all income levels.
Support programs that assist in the production of housing for lower
income households.
Encourage the development of larger sized rental units to reduce
overcrowding.
Facilitate urban infill development to promote higher rates of
homeownership.
Implement flexible, form -based development standards in the
Downtown Specific Plan area to encourage residential and mixed -use
developments.
Support flexible development standards to facilitate the development
of quality housing and improve the character of neighborhoods.
Monitor the Housing Element to ensure goals and objectives are met.
Facilitate the development of affordable housing through the Housing
Authority of the City of National City (Housing Authority) and the
P4
Page 4
Policy 4.14:
Policy 4.15:
Successor Agency to the Community Development Commission as
the National City Redevelopment Agency (Successor Agency).
Encourage opportunities for fulfilling some of National City's
affordable housing goals in the Westside (Old Town) Specific Plan
Area.
Emphasize developing affordable housing for families, and direct
funding for affordable housing proportionate to the needs of the
community.
Goal 5: The City shall promote and implement fair housing practices and equal access to
housing opportunities for all income levels.
Policy 5.1:
Policy 5.2:
Policy 5.3:
Policy 5.4:
Support fair housing programs.
Implement the Community Development Block Grant (CDBG) and
HOME (i.e. Home Investment Partnership Program) programs for fair
housing.
Inform the community of fair housing for low income properties.
Promote available City, state, and federal housing programs through
outreach programs to the development community.
Goal 6: Enhance housing affordability through energy conservation techniques and design.
Policy 6.1:
Policy 6.2:
Policy 6.3:
Use the planning and development review processes to facilitate
energy conservation.
Encourage solar access for new residential development.
Promote the use of operable windows, appropriate architectural
element (e.g., overhangs, awnings and trellises) and energy efficient
appliances where feasible.
Policy 6.4: Promote the use of energy efficient green building techniques that will
reduce the effects of global warming.
PROPOSED PROGRAMS
The Housing Plan for the eight -year planning period includes the housing programs that will
implement the goals and policies that address the City's housing needs for the planning period.
Many of the programs are carried over from the previous Housing Element, including rental
and owner rehabilitation, code enforcement and housing inspection, at -risk monitoring, rental
assistance (Section 8), new construction assistance, community housing development
organizations (CHDO) funding, and fair housing programs. Some programs such as lead
hazard control and weatherization have been combined into other programs or are implemented
by other organizations. Several previous programs achieved their objectives and are no longer
needed, such as the policies adopted or amended to be consistent with housing law, including
the density bonus ordinance, second unit provisions, transitional and supportive housing
regulations, and zoning for emergency shelters. One new program allows the establishment of
community land trusts to preserve the long-term availability of land for affordable housing.
Page 5
ENVIRONMENTAL REVIEW
An Environmental Impact Report (SCH No. 2010051009) was prepared for the Comprehensive
Land Use Update (General Plan Update, Land Use Code Update, et al) pursuant to the
California Environmental Quality Act (CEQA). The Final EIR was certified by the City Council
on June 7, 2011. The Housing Element Update is consistent with policies of the adopted
General Plan and Land Use Code. The Housing Element is a policy level document with no
specific project funding, proposal, or commitment. The Element identifies the potential
residential development that could occur during the planning cycle based on the land use
regulations and development standards of the General Plan and Land Use Code.
The potential development identified in the residential sites inventory merely reflects the
residential growth and development envisioned in the General Plan and implemented by the
Land Use Code. Consequently, no new projects or land use policies are proposed that are not
contained in the General Plan or Land Use Code for which the EIR was prepared. Therefore,
the certified EIR has adequately addressed the environmental and physical impacts that could
occur with the adoption of the Housing Element as a part of the General Plan. Moreover, the
Housing Element does not result in any effects on the environment that were not fully examined
in the EIR and does not contain policies that could result in environmental impacts that were not
otherwise addressed by the EIR.
Page 6
P6
ATTACHMENT 2
RESOLUTION NO. 07-2013
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
RECOMMENDING THAT THE CITY COUNCIL
ADOPT THE HOUSING ELEMENT UPDATE
GENERAL PLAN AMENDMENT (2013-08 GP)
WHEREAS, the Planning Commission of the 'City of National City considered
General Plan Amendment (2013-08 GP) for the Housing Element Update at a duly
advertised public hearing held on March 18, 2013, at which time oral and documentary
evidence was, presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff
report contained in Case Rie No. 2013-08 GP maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, prior to said public hearing the City sought out and considered
public input during the preparation of the Housing Element Update through a public
workshop, Neighborhood Council presentations, media releases, a dedicated webpage,
and the publication and posting of notices; and,
WHEREAS, the City Council certified a Final Environmental Impact Report
(SCH#2010051009) for the Comprehensive Land Use Update on June 7, 2011
pursuant to the California Environmental Quality Act, which adequately addresses the
environmental and physical impacts that could occur with the adoption of the Housing
Element Update; 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, that the testimony and evidence presented to the Planning
Commission at the public hearing held on March 18, 2013, support the following
findings:
1. The Housing Element Update complies with the provisions of Article 10.6 of the
California Government Code, Including addressing. the needs of all income levels
and including an identification and analysis of existing and projected housing
needs and a statement of goals, policies, quantified objectives, financial resources,
and scheduled programs for the preservation, improvement, and development of
housing.
2. The Housing Element Update furthers housing goals for the preservation,
improvement, and development of housing through programs such as rental and
owner rehabilitation, code enforcement and, housing Inspection, at -risk monitoring,
rental assistance (Section 8), new construction assistance, community housing
development, organizations (CHDO) funding, and fair housing programs.
3. The Housing Element Update contains a housing plan for the eight -year planning
period, and includes housing goals, policies, and programs to achieve a wide
variety of housing types throughout the City for all income categories and special
needs groups.
4. The Housing Element Update is consistent with State housing law and the General
Plan and is In the public Interest since It encourages the development of affordable
housing for all income categories and special needs groups and addresses the
City's allocated share of the regional housing needs.
5. The City has conducted extensive public outreach efforts in the development of the
Housing Element Update, and public input has been considered prior to the
adoption of the Housing Element Update.
BE IT FURTHER RESOLVED that the Planning Commission hereby
recommends that the City Council adopt the Housing Element Update as an
amendment to the General Plan.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final
on the day following the City Council meeting where the Planning Commission
resolution Is set for review, unless an appeal in writing is flied with the City Clerk prior to
5:00 p.m. on the day of that City Council meeting. The City Council may, at that
meeting, appeal the decision of the Planning Commission and set the matter for public
hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of March 18, 2013, by the following vote:
AYES: Reynolds, Pruitt, Flores, DeLaPai, Alvarado
NAYS: None
ABSENT: Baca, Bush4c:&(01014.„..,
ABSTAIN: pone CHAIRPERSON
2
P8
ATTACHMENT 3
E#IYIRONl EHTAI.
RAUH COALMIR
March 18, 2013
??%aithbopivr :vlfll [ fatf€(HG;(?Y`.Cizngi iFt9!,1i4-U2.21.- "1NW h"i'iF'Ef;llENlt(HER
Planning Commissioners
City of National Cfty Planning Department
1243 National City Boulevard
National City, CA 91950
Re: Environmental Health Coalition comments on 2013-2020 National City Draft
Housing Element Update
Respected Planning Commissioners,
Environmental Health Coalition (EHC) would like to submit the following comments on
the Draft 2013-2020 Housing Element for your consideration. EHC is a 32 year -old
nonprofit organization. EHC builds grassroots campaigns to confront the unjust
consequences of toxic pollution, discriminatory land use, and unsustainable energy
policies. Through leader development, organizing and advocacy, EHC improves the
health of children, families, neighborhoods and the natural environment in the San
Diego/Tguana region. Over the last decade, we have a significant record working on
housing issues in National City. EHC is also deeply engaged in the creation and
Implementation of the Westside Specific Plan, which will bring 201 affordable housing
units to the neighborhood. We recommend that the housing element continues to
emphasize the need to protect and increase the number of affordable housing units for
low, very bw, and extremely low income families in National City.
As the Draft Housing Element notes, National City has achieved successes in its
commitment to improving and building new housing stock. The City's commitment to
the Westside Infill Transit Oriented Development and inclusion of the Community Land
Trust housing program proposed in the 2013-2020 Draft Housing Element are steps
towards addressing the need for affordable housing in the City. However, more
emphasis should be placed on the demographic need for affordable housing in the
lower income brackets.
According to the 2007-2011 American Community Survey, about 8096 (9,600
households) of National City households are In the extremely low, very low, or lower
income brackets. Under the San Diego Association of Govemments (SANDAG) Regional
Housing Needs Assessment (RHNAJ, National City must accommodate 1,863 housing
units from January 1, 2010 through December 31, 2020 (the 'projection period'), of
which a total of 818 (44% of the total RHNA requirement) should be affordable to very
low and low income households. The RHNA requirements are not nearly adequate to
provide for, or even to make significant progress towards, meeting the needs of current
residents. The RHNA minimum requirement is not congruent with the 80%
demographic representation of lower income families in National City. EHC
EE(P W REN§ PESPLE. SI UKIZINA MMANIiIES. ACKIEYINb JUSTICE.
EMPIMERUNI A L1 BEATE.ORIANIIAH { A IDS i?OMIKIIiAOER. UNMAN 11 i6S1i6IA.
recommends increasing the goals for development of affordable housing at the lower
income levels beyond the minimum RHNA requirements.
Affordable housing is a critical tool to help residents save money and access ownership
opportunities. EHC believes the Housing Element should articulate a deeper
commitment to affordable housing at the lower income levels.
We hope our comments help to further strengthen this important guiding document,
and ultimately further National City's successes. Please feel free to call Carolina Martinez
at 474.0220 x 131 or e-mail at caroiinam@environmentalhealth.org with any questions.
Sincerely,
Carolina Martinez, Policy Advocate
Toxic Free Neighborhoods Campaign
CC:
Mayor, National City, Ron Morrison
National City Councilmembers
National City Executive Director, Brad Raulston,
National City Principal Planner, Raymond Pe
P10
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 14 1
ITEM TITLE:
Resolution adopting the Housing Element Update General Plan Amendment (Case No. 2013-08 GP),
pursuant to Article 10.6 of the Government Code (Sections 65880 et al), a comprehensive strategy for
promoting the production, preservation, and maintenance of affordable housing to meet current and
future community housing needs.
PREPARED BY: Raymond Pe DEPARTMENT: PIS Division
PHONE: 336-4421 APPROVED BY:
EXPLANATION:
The Housing Element of the General Plan is a state -mandated comprehensive strategy for promoting
the production, preservation, and maintenance of affordable housing to meet current and future
community housing needs. The Housing Element was last updated in 2007 and covered a five-year
planning period from 2005 through 2009. The current proposed update is required by state housing law
to be adopted by April 30, 2013 for an eight -year planning period to April 30, 2021.
The Housing Element assesses current and future housing needs and constraints, and it establishes
goals, policies, and programs to address these housing needs for the eight -year planning period. The
City faces the challenges of high regional housing costs, relatively low household incomes, and the
limited availability of undeveloped, vacant land in a highly developed urban setting.
A background report is attached to the companion public hearing item.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. Not applicable. APPROVED: MIS
The Housing Element Update was prepared in-house by City Staff.
ENVIRONMENTAL REVIEW:
The City Council certified Environmental Impact Report (SCH#2010051009) for the Comprehensive
Land Use Update (General Plan Update, Land Use Code Update, et al) on June 7, 2011 pursuant to the
California Environmental Quality Act (CEQA). The EIR adequately addresses the environmental and
physical impacts that could occur with the adoption and implementation of the Housing Element Update.
ORDINANCE: INTRODUCTION: IFINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
On March 18, 2013, the Planning Commission held a public hearing and adopted Resolution No. 07-
2013 recommending that the City Council adopt the Housing Element Update General Plan Amendment
(Case No. 2013-08 GP).
ATTACHMENTS:
(Refer to the companion public hearing item)
RESOLUTION NO 2013 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTING
THE HOUSING ELEMENT UPDATE GENERAL PLAN
AMENDMENT (CASE NO. 2013-08 GP)
WHEREAS, the Planning Commission considered General Plan Amendment
(Case No. 2013-08 GP) for the Housing Element Update at a duly advertised public hearing
held on March 18, 2013, at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing the Planning Commission considered the staff
report contained in Case No. 2013-08 GP, maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and
WHEREAS, prior to said public hearing the City sought out and considered public
input during the preparation of the Housing Element Update through a public workshop,
Neighborhood Council presentations, media releases, a dedicated webpage, and the publication
and posting of notices; and
WHEREAS, the City Council certified Environmental Impact Report
(SCH#2010051009) for the Comprehensive Land Use Update on June 7, 2011, pursuant to the
Califomia Environmental Quality Act, which adequately addresses the environmental and
physical impacts that could occur with the adoption of the Housing Element Update; and
WHEREAS, the City Council considered the General Plan Amendment (Case
No. 2013-08 GP) for the Housing Element Update at a duly advertised public hearing held on
April 16, 2013, at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing the City Council considered the Planning
Commission's recommendation and the staff report contained in Case No. 2013-08 GP,
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 City Council of the City of
National City, that the testimony and evidence presented to the City Council at the public
hearing held on April 16, 2013, support the following findings:
1. The Housing Element Update complies with the provisions of Article 10.6 of the
California Govemment Code, including addressing the needs of all income levels and including an
identification and analysis of existing and projected housing needs and a statement of goals,
policies, quantified objectives, financial resources, and scheduled programs for the preservation,
improvement, and development of housing.
2. The Housing Element Update furthers housing goals for the preservation,
improvement, and development of housing through programs such as rental and owner
rehabilitation, code enforcement and housing inspection, at -risk monitoring, rental assistance
immediately.
ATTEST:
Resolution No. 2013 —
Page Two
(Section 8), new construction assistance, community housing development organizations (CHDO)
funding, and fair housing programs.
3. The Housing Element Update contains a housing plan for the eight -year planning
period, and includes housing goals, policies, and programs to achieve a wide variety of housing
types throughout the City for all income categories and special needs groups.
4. The Housing Element Update is consistent with State housing law and the General
Plan and is in the public interest since it encourages the development of affordable housing for all
income categories and special needs groups and addresses the City's allocated share of the
regional housing needs.
5. The City has conducted extensive public outreach efforts in the development of the
Housing Element Update, and public input has been considered prior to the adoption of the
Housing Element Update.
BE IT FURTHER RESOLVED that the City Council hereby adopts the Housing
Element Update as an amendment to the General Plan (Case No. 2013-08 GP).
BE IT FINALLY RESOLVED that this Resolution shall become effective and final
PASSED and ADOPTED this 16th day of April, 2013.
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 15
ITEM TITLE:
TEMPORARY USE PERMIT — Safe Summer Slam sponsored by Operation Samahan at 2841
Highland Avenue on May 18, 2013 from 8 am to 5 pm with no waiver of fees
PREPARED BY: Vianey Rolon DEPARTMENT: Neigh
PHONE: (619) 336-4364 APPROVED BY:
EXPLANATION:
This is a request from Operation Samahan to conduct the Safe Summer Slam eve 2841 Highland
Avenue on May 18, 2013. This event is an annual event planned and coordinated by operation
Samahan staff in collaboration with it's community partners. The focus of the event is health promotion
and awareness of available programs and services in National City and the South Bay. This event is
free of charge.
rvices Division
Security will be provided by Job Corps of San Diego and handicap parking will be reserved on the
existing parking lot.
Note: This event has been approved by council for the past 3years with no waiver of fees.
Council Dates of May 4, 2010, April 19, 2011 and April 17, 2012.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
The City has incurred $237.00 for processing the TUP through various City departments.
Total fees due $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 with no waiver of fees.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
Type of Event:
_ Public Concert )(Fair
Parade
_ Motion Picture
Festival
_ Demonstration _ Circus
_ Grand Opening _ Other
Event Title: Sa,C—FC_ �l.6Yt m(2x g\ .
_Community vent
_ Block Party
Event Location:( C.bh.4 ) qvpigolvm gthu
Event Date(s): From 5/ Mai 13 to ,S/ i 94 /3
Actual Event Hours:}:oo 19/pm toy:oa am/C)
Total Anticipated Attendance: -OO ( X Participants Spectators)
Setup/assembly/construction Date:OS/I`b)/3 Start time: 1 '. Orn
Please describe the scope of your setup/assemblynn work (specific details):
ninCa - S S tc. . SR,r S at, (a)r -rvS
Dismantle Date: 3 a0p rn Completion Time: (01.00 am/ it
List any street(s) requiring closure as a result of this event. Include street name(s), day
and time of closing and day and time of reopening.
Sponsoring Organization: rth c r p�0:12.,Irrx4...a r
Chief Officer of Organization(Name)
"1.1-0 tk uirl
Applicant (Name): ri4 Y 149 -
Address: acbuk\ O • W cw o' tc c I & . �'t I s; o
Daytime Phone: (4 ) U1-1-yt4s-\ x(P0Evening Phone: (too) gLin -(4-3
Fax: VIA) 41 a -t.t SI 4 E-Mail: 0.C.ct r rc n ate. e. Op.,e,rG � Scv4-7,& 110 n • o re --
Contact Person "on site" day of the event: e.dxrr 4 Cellular: (i/t-1 ` 4n' 4- 3 3
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
Is your organization a "Tax Exempt, nonprofit' organization? YYES _ NO
Are admission, entry, vendor or participant fees required? _ YES ✓NO
If YES, please explain the purpose and provide amount(s):
Estimated Gross Receipts including ticket, product and sponsorship
sales from this event.
$a) SOO
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.
tin 31.Gvv,n S OX\ n Zviziyd—
Oft n A ` y% ej )oral cI D 04t,„ Se;v>iha.r,
(t.hm rnivr 1 10-4- .tirS `Yli (As 04-
Owa� l ,L p rblo &WAs wv ► c.e, tin Ncift o yvai
1t,1Q._ rOvi .Q-VQ r , -YD r r1'i C.j pa- r;A- 4JI S
Qv &rct 04` chzwyt-
_ 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:
_ YES VNO Does the event involve the sale or use of alcoholic beverages?
_ YES NO Will items or services be sold at the event? If yes, please describe:
— YES N40 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.
V YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
YES _ NO Does the event involve the use of tents or canopies? If YES: Number of
tent/canopies 3 S Sizes Lt7 $ 1 0 NOTE: A
separate Fire Department permit is required for tents or canopies.
_ YES ,%41O Will the event involve the use of the Cy 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:
H
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):
n Portable and/or Permanent Toilet Facilities
Number of portable toilets: _ (1 for every 250 people is required, unless the applicant can
show that there are facilities in the immediate area available to the public during the event)
_ Tables # and Chairs #
_ Fencing, barriers and/or barricades
Generator locations and/or source of electricity
Canopies or tent locations (include tent/canopy dimensions)
Booths, exhibits, displays or enclosures
Scaffolding, bleachers, platforms, stages, grandstands or related structures
Vehicles and/or trailers
Other related event components not covered above
Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusipn of the event the area must be returned to a clean
condition.) Number of trash cans: 1 0 Trash containers with lids: ' 13
Describe your plan for clean-up and removal of waste and garbage during and after the event:
Please d scribe your procedures for both Crowd Control and Internal §ecuritA
Wt .D
Se.vr, Di e `ro -6 Pro v c t-, je4471-- 5-eat-r i d�
'✓ YES _ NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
fob CO1pS �r, 1te
Security Organization Address: J a T S A y-Q_ , 11,19pAL.P
SecurityDirector (Name): tC13 �-
i ) Phone: (DID-I�-�lSbO
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:
Security Organization:
Please indicate what arrangement you h ve made for providing First Aid Staffing and Equipment.
U I.C...- indicate what
1'Y�Rc?.ii c Q :1'�A'i�� h.CX�^�)--�'vvm` Otil,r- /��� �M[A;n.�
(:@A&J�. 0)1 (Xi t"_ ID rA Cca a.4 `69,S W U Ave_ �.6 . C. 9 19r0
UUU
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
U.)o h u`„k cle..si�,,, truer, p S ck ►.4 L'r. Y3 waiS orx. wALP
• c.� �.n..-L-( a ti,.d s rn a yt-- fix-x• I-.-:v .
Please provide a detailed description of your PARKING Ian:
14iL have_ Ci.vu.�kwiC. spry u�u r 1 oc -c
I-, Ifi A
Please describe your pl n tor DISAB ED PARKING: •
WL ha o OA- cJ L.4 ArK,. .
Please describe your plans to notify all residents, businesses and
event: iJQ u,S1 5.1 Oud,l-tk LAt
ta, i-wi(n A a- uo c` rcu,.li its .
NOTE: Neighborhood residents must be notified 72 hours in
scheduled in the City parks.
hurches impacted by the
,r A-0 (t?Sicle.,v�-S
advance when events are
4'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:
Type of Music:l.X)/1'Qlm pOTO ivO /-10p LIO
'YES _ NO Will sound amplification be used? If YES, please indicate: Start time:
11: 00 Ca/pm Finish Time 3 ' 00 am
V YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start
time: ' L1 S 'pm Finish Time 0 v U 0/pm
Please describe the sound equipment that will be used for your event:
Sou►vd (-1 PA .ic,rs .
YES %/NO Fireworks,rockets, or other pyrotechnics? If YES, please describe:
YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe:
ctn. heirs w ►li 1P-e.. A W 4 0 ► r
�c�M.;► n he 4 1dt 51-Yuc,4-tkr-e
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 0 QtX 01k.) SLVYyVa , r
Person in Charge of Activity aka_ CO, h tr`G Zci._.
Address a$3s� Ocilak4 - • N�h uP 6-6 Ci.9)/s1)
Telephone (PO-111 —.)<P 0 I Date(s) of Use OS ) %)'1313
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attorneys fees and
the costs of litigation, arising out of or related to the use of public property or the
activity taken under the permit by the permittee or its agents, employees or
contractors.
Signature of Applicant Official Title Date
For Office Use Only
Certificate of Insurance Approved Date
2013 Safe Summer Slamcert.pdf
https://mail.operationsamahan.org/service/home/-12013 Safe Summer.
AC •
Ri CERTIFICATE OF LIABILITY INSURANCE
eamme o
THIS CERTIFICATE IS ISSUED AS A MATTER OF I FORMATION ONLY ANO CONFERS N0 RI$1T$ UPON THE CERTIFICATE HOLDER. THM
CERTIFICATE DOES NOT AFRRMATIVELY OR NEGATIVELY MEND, EXTEND OR ALTER THE: COVERAGE AFFORDED BY THE POUCIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
- RWORTANT: If the esrtllleate holds, Is an ADDITIONAL 1I&UfiED, the potloy(hs) must be endorsed. E SL ROGATION IS WAIVE% asked to
the and the A this doss
lams conditions of policy, certain policies may regular an endorsement. statement on eartIHoate not confer rights to the
auMlftest1 holder In Eau Meech endoreennnl(e).
FDODUCI a
The John L Raya Insurance Group
441 South Mission Drina (91776)
P. 0. Box 72B
San Gabriel C?. 91778
OOrITACT Jaanae Maya
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a (626) 570-8611 as Kok taslsri-:r+e
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National City CA 91950
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COVERAGES cERTIFlCATE NUMBER:Citt - ' LI
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE IJSTE0 BELOW HAVE BEEN ISSUED TO THE INSURED' i1 AEl 5 T)tE POLICY PERI00
INDICATED. NOtVNTHSTANDING ANY REQUIREMENT, TERM OR COMMON OF ANY CONTRACT OR OTHER; 1MlTh �CT TO WHICH THIS
IM R1IFICATE MAY 8E ISSUED OR NAY PERTAIN, THE INSURANCE AFFORDED BY THE num DESCRIBED' iS SUBJECT TO
EXCLUSIONS AND CONDIflONB OF SUCH POUCIES. MOTS BHOVMI MOHAVE BEEN REDUCED BY PAID CLAIMIL . `
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CERTIFICATE HOUR
CANCELLATION
City of National City
1243 Rational City Blvd.
National City, CA 91950
SHOULD ANY OF *MAIM 0ESORNIED POUCRES ES CANCiLLED BEFORE
THE EXPIRATION DATE THeasor, NOTICE WR.L BE Dd.NERED al
ACCORDANCE WITH THE POLICY PROVISIONS,
AUINOnQIDNIPOSS NTATIVB
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ACORD 26 (2910II06)
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O 1988-2010 ACDRD CORPORATION. All rights removed.
TN* ACORD name and logo are registered marks of ACORD
/11/1M911.A'1 A%
S3 2011 FESTIVAL LAYOUT
EXECUTIVE OFF .CES
Food
Registration
Photo
Back Parking Lot
TEEN CENTE ,
Front Parking Lot
Concrete Island
CAI
Entrance
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DIVISION
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDATIONS AND CONDITIONS
- SPONSORING ORGANIZATION: Operation Samahan
EVENT: Safe Summer Slam
DATE OF EVENT: May 18, 2013
TIME OF EVENT: 8 am to 5pm
AP' ROVALS:
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 [ ]
SEE CONDITIONS [ ]
SEE CONDITIONS [ ]
SEE CONDITIONS [ x
SEE CONDITIONS [ x ]
CONDITIONS OF APPROVAL:
DEVELOPMENT SERVICES (619) 336-4318
ENGINEERING: There are know projects located in these locations at this
time. I have no other comments.
BUILDING: No comments.
PLANNING: Sound system/speakers shall face away from residential
areas. All activities shall comply with Title 12 (Noise) of the Muni Code.
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 then be ok to proceed. (The hold harmless Is not Waned)
PUBLIC WORKS (619)366-4580
No involvement.
FIRE (619) 336-4550
Stipulations required by the Fire Department for this event are as follows:
No Fee or Inspection Required
1) Access to the area to be maintained at all times, entrances and emergency
roadways.
2) Fire Department access into and through the booth areas are to be maintained
at all times. Fire apparatus access roads shall have an unobstructed width of
not less than 20 feet and an unobstructed vertical clearance of not less than
13 feet 6 inches
3) Fire Hydrants shall not be blocked or obstructed.
4) Participants on foot are to move immediately to the sidewalk upon approach of
emergency vehicle(s).
5) Vehicles in roadway are to move immediately to the right upon approach of
emergency vehicle(s).
6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted
in a visible location between 3Wto 5' from the floor to the top of the
extinguisher. Maximum travel distance from an extinguisher shall not be more
than 75 feet travel distance.
7) Internal combustion power sources that will be used for amplified sound shall
be of adequate capacity to permit uninterrupted operation during normal
operating hours. Refueling shall be conducted only when the sound system is
not in use.
8) If Internal combustion power sources (generators) are used, they shall be
isolated from contact with the public by either physical guards, fencing or an
enclosure.
9) Any electrical power used is to be properly grounded and approved.
Extension cords shall be used as 'Temporary Wiring" only.
10)If tents or canopies are used, the following information shall apply:
• Tents having an area from 0-200 square feet shall be $200.00
• Tents having an area more than 201 square feet shall be $400.00
• Canopies having an area from 0-400 square feet shall be no
charge.
• Canopies from 401-500 square feet shall be $250.00.
• Canopies from 501-600 square feet shall be $300.00.
• Canopies from $601.00 or greater shall be $400.00.
• Multiple tents and or canopies placed together equaling or greater
than the above stated information shall be charged accordingly.
• Tents shall be flame-retardant treated with an approved State Fire
Marshal seal attached. A permit from the Fire Department must be
obtained. Fees can only be waived by the City Council.
A ten feet separation distance must be maintained between tents and
canopies. A permit from the Fire Department must be obtained. Cooking
shall not be permitted under tents or canopies unless the tents or
canopies meet State Fire Marshal approval for cooking. See Fire Marshal
for required explanation.
11)Concession stands utilized for cooking shall have a minimum of 10 feet of
clearance on two sides.
12)AII cooking areas to have one 2A:10BC fire extinguisher. If grease or oil is
used in cooking a 40:BC or class °K" fire extinguisher will be required. All fire
extinguishers to have a current State Fire Marshal Tag attached. See Attached
13) First Aid will be provided by Operation Samahan Inc.personnel
14) Fees can only be waived by City Council.
If you have any questions please feel free to contact me.
POLICE
The PD will ask for extra patrol for the event.
CITY ATTORNEY
Requires an indemnification and hold harmless agreement, and a policy of
general liability insurance, with the City and its officials, employees, agents
and volunteers as additional insureds, with amounts of coverage to be
determined by the Risk Manager.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 16
ITEM TITLE:
TEMPORARY USE PERMIT—Mabuhay Festival & 115T"'Philippine Independence Celebration at
Kimball Park on June 8, 2013 from 10 a.m. to 4 p.m. with no waiver of fees.
PREPARED BY: Vianey Rolon
PHONE: I(619) 336-4364
EXPLANATION:
DEPARTMENT: Nei Services Services'Division
APPROVED BY:
This is a request from The National City Times to conduct the Mabuhay Festival & 115th Philippine
Independence Celebration at Kimball Park on June 8, 2013 from 10 a.m. to 4 p.m. Setup for this event
willcommence on June 7, 2013 at 5 p.m. and dismantling on June 8, 2013 by 8 p.m.
Mabuhay FiIAm will be honoring -the 115th Philippine Independence. This event will include participation
from various groups representing businesses, civic organizations, local government, educational
-institutions, public agencies and nonprofit organizations showcasing Philippine arts and crafts, talents
and trade. Security will be provided by event staff and volunteers.
Note: This organization event was approved last year by council with no waiver of fees.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
The City has incurred $237.00 for processing the TUP through various City departments, $200.00 for
Fire Department fees and $783.34 for Public Works.
Total fees are $1220.34
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval with no waiver of fees
BOARD I COMMISSION RECOMMENDATION:
ATTACHMENTS:
Application for a Temporary Use Permit with recommended approvals and conditions of approval.'
Type of Event:
_ Public Concert _ Fair _ Festival ✓ Communityerent
_ Parade _ Demonstration _ Circus _ Block Party
Motion Picture
Event Title:
_Grand Opening _ Other t (,
Maba Ta!}id : t15-th`�in►►lnrvrol, (ndai a 69�4640`1
Event Location: ' � "'n ''for k
Event Date(s): From -Aval4 t1943 Juno u 9.5)13
Actual Event Hours: 1010-0 am/.pm to 4'• errflpm
Total Anticipated Attendance: BOO (20D Participants ' " . Spectato
Setup/assembly/construction Date: d 1 Start time: 5 `Rrn
Please describe the scope of your setup/assemb y work (specific details)):
JaJ5/ [ d f4 ai d k c99� t 1uiJ' a i �c $�A^9 [ duL►Jac \ U .
1904 wok•
Dismantle Date: JWn tit 113 Completion Time: VI 00
List any street(s) requiring closure as a result of this event. Include street name(s), day
and time of closing and day and time of reopening.
Sponsoring Organization: 1414 j.IQ�O n4� Si m4g
Chief Officer of Organization (Name) WIWI 1
;
Applicant (Name): _44 to 11 k kVidkirdOWc�labca�o�4`�
Address: t u�, 4 �,11M��or 0 iky �S cw
tom► � � l i
Daytime Phone: (IA) 41A .,-ZQ, Evening Phone: (*4) Ai4 533
Fax: 4) MA • uoil b E-Mail: vYlA �i�. �4Q,`ir '14t � h�
Contact Person "on site" day of the event: b`•� rem`Cellular: LOk4. 4124 t512S
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
is your organization a "Tax Exempt, nonprofit" organization? / YES __ NO
Are admission, entry, vendor or participant fees required? ✓ YES _ NO
If YES, please explain the urpose and provide amount(s):
'� c� MtilU O Vor -eeosk4 G. .
$ J7,OJO. — Estimated Gross Receipts including ticket, product and sponsorship
sales from this event.
$ 4 3D , — Estimated Expenses for this event.
$ 4-5fl3 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. ,Q
Nb rY9 /4 ,14 $ l 15tn (14A , �0,641 0:14.,neA. twto onq
0. 0,314 Wiik iv►ekvit
s` , sv ,
u�ot�c ptet non
atk�
on r4 4cotou4 g4,340.*(14 tot
exc
Gio mutt
YES; NO If the event involves the sale of cars, will the cars come exclusively from National
City car dealers? lve Mnl4 t<Att qr4 i,44 41(�i tt. [fit
If NO, list any additional dealers involved in the s e:
_ YES ✓ NO Does the event involve the sale or use of alcoholic beverages?
J YES NO WiII items or services be sold at the event? If yes, please describe:
lkriAt aR1 aec ' VA-Rino mod► di:c,4;esae ttl •
YES 'NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
1 YES _ NO Does the event involve the use of tents or canopies? If YES: Number of
tent/canopies •gip `� Sizes W 0[ `ZO 1f` l0 NOTE: A
separate Fire De rtment permit is required for tents or canopies.
`
YES J NO WIII the event involve the use of the city 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:
Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
Food Concession and/or Food Preparat' • n a r :asPleje describe how food will be served
at the event: _
If you intend to'c o Mood in h e ent area please specify the method:
GAS ✓ ELECTRIC CHARCOAL _ OTHER (Specify):
t114\-)
e/ _;; show that there are facilities in the immediate area available to the public during theevent)
� • ✓ Tables # and Chairs #
`' • Fencing, barriers and/or barricades
(V Generator locations and/or source of electricity
i Qn Canopies or tent locations (include tent/canopy dimensions)
b 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 arears with must be r tumed to a clean
condition.) Number of trash cans:
Describe your plan for clessn-u and remo al of waste and garbage nn and aftgr the event:
itit4 MAbv► 34Y oi .10\uvl• 'fY uJ�Y1 Atom o r ,a •
(� Portable and/or Permanent T,pilet Facilities
Number of portable toilets: (1 for every 250 people is required, unless the applicant can
Please describe our rocedures for both Crowd Control and Internal ecurity:
‘ha4>Mhcai IaiJJ'pkWft he JI 1 414 Mort ..
YES VNO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
_ YES ✓ NO Is this a night event? If YES, please state how the event and surrounding area will
be illuminated to ensure safety of the participants and spectators:
M.
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
Vt. WU\ ‘11 haaa %At 1163 u)(
14,Q, Dtp0, On0,431a Shtu
Ao fr,a,0 .
Please describe your Accessibility Plan for acbess at your event by individuals with disabilities:
\)p*naa ilk 147as ase,t0 6(4
Please provide a detailed description of your PARKING plan:
LIANA k
Please describe your plan for DISABLED PARKING:
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Pleased scribe your 1not' 14re 'dent b s'icgss a chu s�ir�pacted b t
event:114Q,tt lqanNo_
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NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
✓ YES _ NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music. Number
of Stages: Of4 Number of Bands: Y'43'n4
Type of Music: d`gC V-V41 •
f YES _ NO Will sound amplification be used? If YES, please indicate: Start time:
l40✓M i r pm Finish Time �'r`� am/®
YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start
J
time: CVIYI I m 'pm Finish Time N'`t
/pm
Please describe the sound equipment that will be used for your event:
6.11q6441 trI4$
YES J NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
YES — NO Any signs, banners, decorations, special lighting? If YES, please describe:
Torn07lOv ni Ianh4& w
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 MaL Vs�s �'t ���`4 ,
Person in Charge of Activity cliClza ! '^d
Address
Telephone k-c''`q' 14' S%2J Date(s) of Use JN � i WO
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking. Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attorneys fees and
the costs of litigation, arising out of or related to the use of public property or the
activity taken under the permit by the permittee or its agents, employees or
contractors.
Signature of Applicant Official Title Date
For Office'Use Only
Certificate of Insurance Approved Date
DRMAR-1
OP ID:MF
A R LJ �..
aC.. V CERTIFICATE OF LIABILITY INSURANCE
DATE (NMrODNYYY)
03,14/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR P,RODUCE-R,}1ND,THE4E Th A, ER. ,,sue r gym. . , , ,.
IMPORTANT: If the certificate t`roideri ah AMINOINAL` RED; Ure Volleyliriej myst'be endorsed: 11SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certicate holder in lieu of such endorsements).
PRODUCER Phone: 619.8B9 0303'ra
SCF Insurance Services, Inc. Fax: 619-389-1342
EA.�
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'(qrc; No. E,c: FAX No):
License # 0606662
P.O. Box 1300
La Mesa, CA 91944-1300
Karen Marie Gallagher
E�MAIAooREssL :.'
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NAIL i
PISURERA: CNA-Propetty Casualty
INSURED D.R:Marketing Promotions
DitasVamane
14D'W 18th St
National City, CA 91950-37330:
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THIS IS TO CERTIFY THAT THE
INDICATED. NOTWrrHSTANDiNG
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EXCLUSIONS AND CONDPTIONS
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POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
ANY REQUIREMENT. TERM ONCONDITION OF AblY,CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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MED EXP (My one. person)
S 10,000
CLAIMS -MADE n OCCUR'
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S 2,000,000
X
Bdsirbse Owners
GENERAL AGGREGATE
S 4,000,000
PRODUCTS- COMP/OP AGG .
$ 4,000,000
GEN'L AGGREGATE LIMITAPPLIES PER:
$
AUTOMOBILE
—
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—
LIABLITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
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NON -OWNED
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(CO aca tl ED SINGLE LIMIT
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DESCRIPTION OF OPERATORS 1 LOCATIONS /VEXCLES (Attach ACORD 101, AdrRttonel Remarks Schedule, It non space N required)
City of National City, its Officials, Agents and its Employees are',
attached blanket additional insured endorsement
additional insured per
SE-146932-E 06/11.
CERTIFICATE HOLDER
CITY
The City of National City
1243 National City Blvd.
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTCE PILL BE DELNERED IN
ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
01988.2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
This event wallower a sense of community and promote pride In the Filipino cultural heritage; build collaboration and cultural understondlna among the fnipinos and the filipino americans young and old alike;
and promote empowerment the community of exponential wealth of dherse strengths and backgrounds1
The
Me program will Filipino Americans of San Diego County will honor the 115th Philippine Independence —and as you oil know —the Filipino American Is the next largest ethnk group In our dry which doubles during the day -
Include participation from various graups representing businesses, dvk organizations, local government, educolivrra!!ratitidlons, pubik agencies, and nonprofit organizations showcasing arts and crofts, hrcol brlenb, and trade.
This has been a tradition of our community celebrating the annual commemoration of the Philippine l,,.A ndence in Me center ofh all- the City of National Cityl
Footprint (Tentative Map)
MaMfiayFestival- PinoyTayo- KayaNatin!
Honoring the 115th Anniversary of the Philippine Independence
Kimball Park In National City, California
Saturday, June 8, 2012 ® l0am - 4pm
For more Inforfttution please cafl:
Ditas Yamane(6'19) 474-5300
ffannnriB MTh Philippkg hd sdner
Pinny Tayo--;Kbye Malin!
samuveclutlel,2013 • 10ao -SAWA
Nxrnsut an. CALIPO N1A
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DIVISION
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: The National City Times
EVENT: Mabuhay Festival & 115t" Philippine Independence Celebration
DATE OF EVENT: June 8, 2013
TIME OF EVENT: 10am to 4pm
APPROVAL$; SEE CONDITIONS [ x ]
DEVELOPMENT SERVICES YES [ x ] NO [ ]
COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ]
RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ]
NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ]
PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ]
FINANCE YES [ x ] NO [ ]
FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CONDITIONS OF APPROVAL:.
RISK MANAGER
Applicant to provide specific endorsement as listed on the insurance
certificate. (Note the applicant already advised by staff to sign hold
harmless agreement)
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.
DEVELOPMENT SERVICES
Engineering: There are no projects located in these locations at this time. I
have no other comments.
Building has no comments
Planning: Sound system/speakers shall face away from residential areas.
All activities shall comply with Title 12 (Noise) of the Muni Code.
FINANCE
All vendors must be licensed. Food vendors need health permits.
I need a list of the vendors at least 2 weeks prior to the event.
PUBLIC WORKS
Street. Division:
Street Division has no involvement.
Park Division:
1. Two hours on Thursday, June 6th to mark off the valve boxes and
irrigation at regular pay of $31.05 per hour ($62.10)
2. One staff for the duration of event 6 hours from 10 am to 4 pm for
litter control and service public restrooms. Overtime rate at $46.58
total $279.48
3. 2 hours for final inspection Storm Water Compliance inspection for
Special Event Report and litter clean up. Overtime rate at $46.58
per hour ($93.16)
4. Event organizers must provide nighttime security on Friday, June 7
5. Event organizers did not request the City Stage and PA system.
6. Total for event is $434.74.
Facilities Division:
1. Custodian OT hrs 10 hrs x $22.26
2 Tables 51 x $100
3. Chairs 100 x $.75
4. Total for event is
Park Division
Facilities Division
$434.74
$348.60
$ 222.60
$ 51.00
$ 75.00
$348.60
(Acct #105-442-000-102-0000)
(Acct #626-422-223-102-0000)
POLICE
I will ask for a couple of Reserve Officers to work the event since they are
not having a parade this year.
-Sgt. Graham Young
COMMUNITY SERVICES
No comments.
FIRE
Request Meeting With Organizers Prior To Event
$200.00 After Hour Inspection Fee
Stipulations required by the Fire Department for this event are as follows:
1) Access to the street to be maintained at all times, to both entrances and
Fire Department connections for fire sprinkler systems, standpipes, etc.
2) Fire Department access into and through the booth areas are.to be
maintained at all times. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13 feet 6 inches. Please provide emergency
access to rear of Faire
3) Fire Hydrants shall not be blocked or obstructed.
4) Participants on foot are to move immediately to the sidewalk upon
approach of emergency vehicle(s).
5) Vehicles in roadway are to move immediately to the right upon approach
of emergency vehicle(s).
6) Provide a 2A:10BC fire extinguisher at both stages. Extinguishers to be
mounted in a visible location between 31/2`to 5' from the floor to the top of
the extinguisher. Maximum travel distance from an extinauisher shall not
be more than 75 feet travel distance.
7) Provide 2A:10BC fire extinguishers in all food areas. Extinguisher to be
mounted in a visible location between 31/2'to 5' from the floor to the top of
the extinguisher. If grease or oil is used in cooking. a 40:BC or class
"K" fire extinguisher will be reauired. Please contact.the National
City Fire Department for direction on K type extinguisher. Maximum
travel distance from one extinguisher to another shall not be more than 75
feet travel distance. All fire extinguishers to have a current State Fire
Marshal Tag attached. Please see attached example
8) 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. Approval from the National City Fire
Department is required to cook under tents or canopies. Please
contact the National City Fire Department for direction.
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
9) Please contact the National City Fire Department for direction on
placement of tents or canopies
10) If Charcoal is being used, provide metal cans with lids and label "HOT
COALS ONLY" for used charcoal disposal.
11) No parked vehicles or internal combustion engines (generator) are to be
placed within 20 feet of tent/canopy. Internal combustion power sources
that may be used shall be of adequate capacity to permit uninterrupted
operation during normal operating hours.
12) Internal combustion power sources shall be isolated from contact with the
public by either physical guards, fencing or an enclosure.
13) Any electrical power used is to be properly grounded and approved.
Extension cords shall be used as "Temporary Wiring" only.
14) First Aid will be provided by organization
15) South parking lot next to Boys and Girls Club shall maintain a minimum of
a 20 foot roadway to allow for emergency apparatus access. Please
contact the National City Fire Department for direction.
16) Required inspections taking place, after hours, holidays, and weekends
will be assessed a minimum of two hundred ten ($200.00) dollars
17) A fire safety inspection is required for this event and is to be conducted by
the Fire Department prior to operations of the event to include all food
areas etc. $200.00
18) Fees must be paid to the Fire Department Administration Office prior to
event occurrence.
19) Map shall consider "Fire Lane" required for event. Contact City of
National City Parks Division for requirements.
Fire Department fees can only be waived by City Council.
NEIGHBORHOOD SERVICES
Advertising or promotional signage for your event cannot be placed on
City property. These prohibited areas would include City sidewalks, utility
poles, parks, landscaped parkways, or any other such City property.
Placement of off -site advertising displays are normally prohibited, but in
the case of a Temporary Use Permits, they can be placed on private
property provided the following conditions apply:
■ On commercial property, one or more temporary signs, each of which is
thirty-two square feet or less in area, shall be permitted per parcel
■ On residential property, One or more temporary signs, each of which is six
square feet or less in area, shall be permitted per parcel
■ Permission must be granted by each property owner before placing signs
All off -site advertising signs must be removed by the end of the event
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 17
ITEM TITLE:
Proposed dates for a City Council Workshop on City Council Policy Manual (Chapter 100 Policies)
PREPARED BY: Leslie Deese, City Manager
PHONE: 619-336-4240
EXPLANATION:
DEPARTMENT: City Manager
APPROVED BY
At the April 2, 2013 Council Meeting, the City Council requested a workshop to review and update the
Chapter 100 policies contained in the City Council Policy Manual. The Council further requested the
workshop be held on a Tuesday on a date following the 2013-14 Budget & Strategic Planning sessions
that are currently scheduled for April 9 and 30, 2013.
To ensure adequate dates are available should budget or strategic planning require additional meetings
during the month of May, staff proposes the City Council schedule a workshop for Tuesday, June 11,
2013 at 6:00 pm. Other dates the Council may wish to consider include the following Tuesdays: June
25th, July 9t", July 23`d, July 30th and August 13th
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A'
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Consider a date to schedule a Council Workshop to review and update the Chapter 100 policies.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 16, 2013
AGENDA ITEM NO. 18
ITEM TITLE:
Request by the Boys & Girls Club of Greater San Diego to Re -Name the National City Branch in
Recognition of a Prospective Donor Willing to Contribute $1 Million to the National City Branch
PREPARED BY: Leslie Deese, City Manager DEPARTMENT: anager/ i y Attorney
PHONE: 336-4240 / 336-4220 APPROV
EXPLANATION:
See attached Staff Report
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Seek Council direction on whether to allow a name change to the building, and if so, whether such name change can be
reflected on the signage of the building. Any such change will require appropriate legal documents to be prepared and
returned for approval by the Council.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Staff Report
Letter from Boys & Girls Club of Greater San Diego
Request by the Boys & Girls Club of Greater San Diego to Re -Name the
National City Branch in Recognition of a Prospective Donor Willing to
Contribute $1 Million to the National City Branch
The Boys & Girls Club of Greater San Diego has identified a prospective donor willing to
contribute $1,000,000 to the National City Branch of the Boys & Girls Clubs. In
recognition of this contribution, on behalf of the Boys & Girls Clubs of Greater San
Diego, Mr. Danny Sherlock, President & CEO is requesting the National City Branch be
re -named in honor of this donor.
Background
Over the years, the City Council has initiated and received requests to name new and
existing City facilities in honor of individuals who have made significant contributions to
the community. Although National City has no formal policy for naming public facilities
and sites in honor of persons, there are precedents.
• Kimball Park is named for a City founder;
• Morgan Towers, the George H. Waters Nutrition Center and the Camacho
Gymnasium were all named for former Mayors and/or Councilmembers;
• The Martin Luther King, Jr. Community Center was named for a national civil
rights leader;
• Robles Field was dedicated in memory of Junior Robles who died tragically in a
plane crash;
• The Kimball Park score shack on the major's field was dedicated in 1975 in
memory of Ray Hernandez, the father of Benito Hernandez;
• More recently, the Portillo Recreation Center was named in honor of Manuel
Portillo who dedicated many years of service to the recreation center.
The request by the Boys and Girls Club currently before the City Council differs from the
examples cited above for the following reasons:
• Although the land and building is owned by the City of National City, the Boys &
Girls Clubs of Greater San Diego maintains a 20-year lease through August 16,
2031.
• The National City Boys & Girls Club originally constructed and maintained the
building and improvements on the City parkland for many years with private
funds raised from the community by the Boys' and Girls' Clubs.
• The Boys & Girls Clubs of San Diego is a California non-profit corporation.
The current lease with the Boys & Girls Club is silent on naming rights associated with
the National City Branch. The City Attorney has reviewed the current lease and has
opined that any change in name to the local branch would require either an amendment
to the current lease or a separate naming rights agreement, and that any name
attached to the facility be limited to the life of the lease. In addition, to the extent
signage is sought to be attached to the exterior of the building, Section 18 of the lease
addresses signage and states as follows:
"Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or
affixed on or to any part or portion of the outside of the Leased Premises except to be
of such type and color, size and style, and in such place as may be approved by Lessor.
Any additional signage or changes to existing signage after the Commencement Date
will require Lessee to pay for and obtain all regulatory approvals (permits) for the
Leased Premises."
Accordingly, any change in the signage to the City -owned building requires City Council
approval.
The selling of naming rights to public facilities is a more recent mechanism developed
as a way to raise municipal revenue. It can be seen locally in public facilities, such as
sporting events or concerts that are operated for profit. For example, the City of San
Diego's sports arena has been recently renamed the Valley View Casino Center. Other
cities name their sports facilities after those who have paid for such naming rights.
While such facilities may be operated by a third party, the public entity retains the
naming rights to the facility.
In this instance, as stated earlier, the City does not have an adopted Council Policy, but
does have the historical practice of having named public facilities after individuals of
historical significance, locally or nationally.
Discussion:
This matter is before the City Council to seek their direction on whether to allow a name
change to the building, and if so, whether such name change can be reflected on the
signage of the building. Any such change will require appropriate legal documents to be
prepared and returned for approval by the Council.
BOYS & GIRLS CLUBS
OF GREATER SAN DIEGO
March 27, 2013
Leslie Deese
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
Dear Leslie,
The Boys & Girls Clubs of Greater San Diego has identified a prospective donor willing to
contribute $1,000,000 to the National City Branch of the Boys & Girls Clubs. In appreciation for
this very generous contribution, we are requesting that the National City Branch be re -named
in honor of this donor. Therefore, we request that this matter be put on the agenda for a City
Council meeting for their consideration and approval. Thank you for your cooperation.
Sin
anny Sherlock
President & CEO
Boys & Girls Clubs of Greater San Diego
Serving Borrego Springs, Escondido, Poway, Ramona, Rancho Bemardo, San Diego and Valley Center
Office • 115 W. Woodward Avenue • Escondido, CA 92025 • Tel 760-746-3315 • Fax 760-740-0242