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2014 06-17 CC HA ADJ AGENDA PKT
RON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NA TIONALCI TYCA. GO V AGENDA OF AN ADJOURNED 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, JUNE 17, 2014 — 5:00 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 CC/CDC Agenda 6/17/2014 — Page 2 (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audibfonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 6/17/2014 — 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 PRESENTATIONS 1. City of National City/American Medical Response Scholarship Award. Recipients: Jesus Marquez & Juan Negrete 2. Employee of the Quarter 2014 - Wade Walters, Police Corporal 3. Recognition of Outgoing Student Council Representative - Kane Gillego and Introduction of Incoming Student Council Representative - Isaac Maldonado. (City Clerk) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 4. Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for fiscal year 2014- 2015 in compliance with the requirements of the California Public Employees' Retirement System (CaIPERS) (Human Resources) 5. Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for fiscal year 2014- 2015 in compliance with the requirements of the California Public Employees' Retirement System (CaIPERS) (Human Resources) 6. Resolution of the City Council of the City of National City approving a salary schedule for the Confidential employee group for fiscal year 2014- 2015 in compliance with the requirements of the California Public Employees' Retirement System (CaIPERS) (Human Resources) CC/CDC Agenda 6/17/2014 — Page 4 7 Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters' Association employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employees' Retirement System (CaIPERS) (Human Resources) 8. Resolution of the City Council of the City of National City approving a salary schedule for the Police Officers' Association employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employee's Retirement System (CaIPERS) (Human Resources) 9. Resolution of the City Council of the City of National City approving a salary schedule for the Municipal Employees' Association employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employee's Retirement System (CaIPERS) (Human Resources) 10. Resolution of the City Council of the City of National City approving a salary schedule for the Part -Time and Seasonal employee group for fiscal year 2014-2015 in compliance with the requirement of the California Public Employees' Retirement System (CaIPERS) (Human Resources) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute a fourth amendment to the agreement between the City of National City and Claims Management Associates (CMA) Inc., to increase the total agreement by a not to exceed amount of $5,000 for work related to the City's Workers' Compensation Program. (Human Resources) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with the City of Chula Vista for a total not to exceed amount of $440,630 to provide general animal control, shelter, and related administrative services to the residents of National City for an additional one (1) year term through Fiscal Year 2014-2015, an increase of $103,191. (Police) 13. Resolution of the City Council of the City of National City approving and authorizing the Mayor to execute County Contract 547767, any subsequent amendments, between the County of San Diego and the City of National City totaling $1,204,968 for the Nutrition Center Program (Housing, Grants, and Asset Management). 14. Resolution of the City Council of the City of National City authorizing the submittal of an application to the California State Department of Housing and Community Development for $1,000,000 and authorizing the Mayor to execute a Standard Agreement if selected for such funding, any CC/CDC Agenda 6/17/2014 — Page 5 amendments thereto, and any related documents necessary to participate in the CalHome Program. (Housing, Grants, and Asset Management) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subgrant Agreement not to exceed $200,000 to the Community Development Commission -Housing Authority and authorizing the establishment of appropriations and the corresponding revenue budget for the remediation of hazardous materials at 2100 Hoover Avenue - Westside Infill Transit -Oriented Development project - Phase 2 (Funded by the US Environmental Protection Agency) (Planning) 16. Resolution of the City Council of the City of National City authorizing the City (Buyer) to piggyback the City of Tucson's RFP Contract #120535 Groundskeeping, Golf, and Sports Field Maintenance Equipment with The Toro Company, and award the purchase of two riding TORO Groundmaster 3280D lawnmowers and associated parts to Turf Star, Inc. in the amount of $41,517.23 for the Parks Division, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing. (Engineering/Public Works) 17. Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project, Specification No. 13-05, 2) authorizing a 15% contingency in the amount of $25,738.95 for any unforeseen changes, and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 18. Resolution of the City Council of the City of National City waiving the bid process per Chapter 2.60.260 of the Municipal Code by utilizing Western States Contracting Alliance (WSCA) contract 7-11-70-17, and authorizing the purchase from AT&T Inc. of Wireless Broadband Modems for an amount not to exceed $49,778.00 (MIS) 19. Resolution of the City Council of the City of National City waiving the bid process per Chapter 2.60.260 of the Municipal Code, by utilizing Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of 110 Desktop Computers, and Microsoft Office Software for public use at National City Public Library for an amount not to exceed $107,730.83 (MIS) 20. Resolution of the City Council of the City of National City waiving the bid process per Chapter 2.60.220(b) of the Municipal Code, and authorizing the Mayor to execute the first amendment to the annual software maintenance agreement with Northrop Grumman Systems Corporation in the total not -to -exceed amount of $221,659.00 to support the Law Enforcement Automated Field Reporting System(AFR) (MIS) CC/CDC Agenda 6/17/2014 — Page 6 21. Resolution of the City Council of the City of National City designating the officials authorized to order the deposit and withdrawal of City monies with financial institutions on behalf of the City of National City. (Finance) 22. Resolution of the City Council of the City of National City designating the officials authorized to order the deposit and withdrawal of City monies with the Local Agency Investment Fund ("LAIF") on behalf of the City of National City. (Finance) 23. Warrant Register #47 for the period of 5/14/14 through 5/20/14 in the amount of $1,970,581.44. (Finance) 24. Warrant Register #48 for the period of 5/21/14 through 5/27/14 in the amount of $1,673,896.94. (Finance) 25. Temporary Use Permit - 2014 State of the City Address sponsored by the City of National City on August 7, 2014 from 5pm to 8pm at Cornerstone Church located at 1914 Sweetwater Road. This is a City -sponsored event per Council Policy No. 804. (Neighborhood Services) PUBLIC HEARINGS 26. Continued Public Hearing of the City Council of the City of National City to consider establishment of Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, pursuant to City Council Policy 710 "Residential Permit Parking Program" (TSC 2013-25) (Engineering/Public Works) 27. Public Hearing to consider adoption of the report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2014-15 as required by the California Health and Safety Section 5473, Et. seq., pertaining to collection of sewer charges on the tax roll. (Engineering/Public Works) 28. Public Hearing - Report and Account for Weed Abatement. (Fire) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 29. An Ordinance of the City Council of the City of National City ordering the submission of a measure to extend an existing voter approved Transactions and Use Tax (A Sales Tax) in the amount of one percent (1%) to the qualified voters of the City at the General Municipal Election to be held on November 4, 2014 (City Attorney) CC/CDC Agenda 6/17/2014 — Page 7 30. An Ordinance of the City Council of the City of National City amending Section 4.60.170 of the National City Municipal Code extending an existing Transactions and Use Tax ("Proposition D") (City Attorney) NON CONSENT RESOLUTIONS 31. Resolution of the City Council of the City of National City approving the Report and Account for Weed Abatement. (Fire) 32. Resolution of the City Council of the City of National City approving the Memorandum of Understanding (MOU) between the City and the National City Municipal Employees' Association. (Human Resources) 33. Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association. (Human Resources) 34. Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2015 of $51,442,646. (Finance) 35. Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2015. (Finance) 36. Resolution of the City Council of the City of National City calling for the holding of a General Municipal Election to be held on Tuesday, November 4, 2014, for the election of certain officers, as required by the provisions of the laws of the State of California relating to General Law Cities and for the submission to the qualified voters a question relating to extension of the voter -approved One Cent Transactions and Use Tax (a Sales Tax); and approving the form of the Ordinance to be submitted to the voters. (City Clerk) 37. Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal Election to be held on Tuesday, November 4, 2014, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) 38. Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements of qualifications submitted to the voters at an Election to be held on Tuesday, November 4, 2014. (City Clerk) 39. Resolution of the City Council of the City of National City authorizing the filing of written arguments relating to a measure to approve an ordinance extending a voter -approved one cent transactions and use tax (a sales CC/CDC Agenda 6/17/2014 — Page 8 tax), and directing the city attorney to prepare an impartial analysis. (City Attorney) 40. Resolution of the City Council of the City of National City adopting the Report required by California Health and Safety Code Section 5473, et seq., pertaining to the collection of sewer service charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a Certification of the Sewer Service Charges with the San Diego County Auditor. (Engineering/Public Works) 41. Resolution of the City Council of the City of National City authorizing the City to piggyback the West Contra Costa Unified School District's RFP Contract #1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc., consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, and authorizing the Mayor to execute the following agreements and corresponding documents to establish a vehicle leasing, maintenance and management program for National City's light and medium duty vehicle fleet, estimated at 74 vehicles over a 10-year period: 1) Master Equity Lease Agreement with Enterprise FM Trust, including corresponding Amendment, Indemnity Agreement, Self -Insurance Addendum and Officer Certificate, 2) a Maintenance Agreement with Enterprise Fleet Management, Inc., including corresponding Amendment, and 3) a Service Agreement referencing the piggyback contract and establishing not to exceed amounts of $1,500,000 and $163,000 for the Lease and Maintenance Agreements, respectively (Engineering/Public Works) 42. Resolution of the City Council of the City of National City authorizing the appropriation and revenue increase of $575,000 and authorizing the Mayor to execute a Purchase and Sale Agreement with Stephen Randolph Johnston, Paul William Ralph and Michelle Leann Hooper Ralph for the purchase of property located at 726 W. 19th Street for the total purchase price of $575,000 for the relocation of the National City Public Works facilities from 2100 Hoover Avenue in the City of National City allowing for the development of 201 affordable rental housing units as Phase I and II of the Westside In -fill Transit Oriented Development Project. (Housing, Grants, & Asset Mgmt.) 43. Resolution of the City Council of the City of National City waiving the formal bid process consistent with Section 2.60.110(B) of the National City Municipal Code based on the determination that circumstances are such that no obvious, ascertainable advantage to the City could result, and subsequently, authorizing the Mayor to execute the Short Form Services Agreement with Wavetec Construction for the completion of improvements on the real property located at 726 W. 19th Street for a total cost of $275,000.00 to allow for the relocation of National City Public Works CC/CDC Agenda 6/17/2014 — Page 9 facilities from 2100 Hoover Avenue, the future site of a 201-unit affordable housing project commonly referred to as the Westside In -Fill Transit Oriented Development Project, and authorizing the appropriation and corresponding revenue increase of $275,000.00 to cover the cost of improvements. (Engineering/Public Works) NEW BUSINESS 44. Notice of Decision - Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at 2720 East 4th Street "A". (Applicant: Danielle Weizman for AT&T Mobility) (Case File 2014-01 CUP) (Planning) 45. Notice of Decision - Planning Commission approval of a Conditional Use Permit modification and Zone Variance for less than required parking for an apartment complex located at 2525 Highland Avenue (Applicant: Nationwide Enterprises.) (Case File 2014-05 CUP, Z) (Planning) 46. Temporary Use Permit - Halloween retail tent store hosted by Halloween Tyme LLC at Westfield Plaza Bonita Mall from August 20, 2014 thru November 10, 2014 with no waiver of fees.(Neighborhood Services) 47. National City City Council and National City Police Department response to the Chief Presiding Judge regarding Grand Jury Recommendation for instituting a senior volunteer program. (Police) 48. Directive from City Council (Code Reviewing Body) for staff to review the City's Conflict of Interest Code and return with the completed code review, including any updates if needed, prior to October 1, 2014, per Government Code Section 87306.5. (City Attorney) 49. League of California Cities Annual Conference - Designation of Voting Delegate and Alternates. (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY 50. Resolution of the Community Development Commission Housing Authority of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2014-2015. (Housing, Grants, and Asset Management) 51. Resolution of the Community Development Commission -Housing Authority of the City of National City accepting a grant, authorizing the Chairman to execute a Subgrant Agreement not to exceed $200,000 from the City of National City, and authorizing the establishment of appropriations and the corresponding revenue budget for the remediation of hazardous materials at 2100 Hoover Avenue - Westside Infill Transit- CC/CDC Agenda 6/17/2014 —Page 10 Oriented Development project - Phase 2 (Funded by the US Environmental Protection Agency) (Planning) PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 52. Senior Bus Update (Engineering/Public Works) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular City Council - Community Development - Housing Authority of the City of National City and the National School District - Wednesday, June 25, 2014 - 6:30 pm - National School District, Administrative Center, 1500 "N" Avenue, National City, California Adjourned Regular City Council - Community Development - Housing Authority of the City of National City Meeting - Tuesday - August 5, 2014 -- 5:00 p.m. - Council Chambers - National City, California. On March 18th the City Council voted to schedule its 2014 Summer Recess for the month of July. As a result of that action, the meeting schedule for the period July through August 2014 will be as follows: July 01 City Council Meeting — Legislative Recess - Suspended July 15 City Council & Parking Authority Meeting - Suspended August 05 Adjourned City Council Meeting to start at 5 pm due to National Night Out Event August 19 City Council, Parking Authority & JPFA Meeting 6:00 pm ITEM #1 6/17/14 FOR IMMEDIATE RELEASE: Contact: Company Name: Telephone Number: Fax Number: Email Address: Web site address: Frank Parra National City Fire Department (619) 336-4550 (619) 336-4562 fparra@nationalcitvca.gov http://www.nationalcityca.gov CITY OF NATIONAL CITY/AMERICAN MEDICAL RESPONSE SCHOLARSHIP AWARDS. RECIPIENTS: JESUS MARQUEZ & JUAN NEGRETE NATIONAL CITY, CA, — June 11, 2014 — The City of National City will award two scholarships to Sweetwater High School graduates: Jesus Marquez and Juan Negrete. Each will receive a check for $1,000 to attend Fire / EMT or Paramedic training at Southwestern College, San Diego Miramar College, and/or Palomar College. The awards will be given at the City Council meeting scheduled for Tuesday, June 17 at 5:00 p.m. The scholarship award winners demonstrated a commitment to working with the National City community. The scholarship can be used for uniforms, books, supplies, and/or to pay for college tuition. Each student was required to submit an essay describing why it was important to enroll in Fire / EMT or Paramedic training and how the scholarship will help them give back to the National City community. A contract between the City of National City and American Medical Response provided the funds for this scholarship opportunity. The deadline for applications was April 30, 2014. For more information, visit www.nationalcityca.qov. For additional information, contact: Frank Parra (619) 336-4550. ### ITEM #2 6/17/14 CITY OF NATIONAL CITY MEMORANDUM DATE: June 2, 2014 TO: Leslie Deese, C ty anager FROM: Stacey Stevens , ector of Administrative Services SUBJECT: EMPLOYEE HE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the second quarter of calendar year 2014 is: Wade Walters — Police Corporal By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 17, 2014 to be recognized for his achievement and service. Attachment cc: Wade Walters Chief Rodriguez Lieutenant - Graham Young Josie Flores -Clark — Executive Assistant III Human Resources — Office File REC€1VEU CITY of N., i L.\AL CITY HUMAN RESOURCES DEPARTMENT Performance Recognition Award Nomination Form I nominate Corporal Wade Walters for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Corporal Wade Walters is an outstanding example of what a corporal at the National City Police Department should be. Corporal Walters is a very proactive police officer on his squad and consistently steps up to any challenge presented to him. Corporal Walters is inspirational leader that was highlighted this year when a squad at the police department had a vacancy of a sergeant. Corporal Walters stepped into the role as an acting sergeant and surpassed all expectations. As part of Corporal Waters' collateral duties, he is assigned as a Field Training Officer. He is responsible for training new police officers hired by the City. As with any position Corporal Walters is assigned, he takes this collateral duty on with a passion rarely seen in any individual. Corporal Wade Walters continually demonstrates the type of leadership, police skills, enthusiasm, dedication and professionalism that we are striving for within our organization. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department nt Graham Young Date: O S `Ze\'4 Item # 1 06/17/14 RECOGNITION OF OUTGOING STUDENT COUNCIL REPRESENTAIVE — KANE GILLEGO AND INTRODUCTION OF INCOMING STUDENT COUNCIL REPRESENTATIVE — ISAAC MALDONADO (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary band for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2014- 2015 salary schedule for classifications within the Executive employee group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Executive employee group are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Executive Employee Group Salary Schedule RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR. THE EXECUTIVE EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2014-2015 Salary Schedule for the Executive Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney City of National City Human Resources Department EXECUTIVE EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2014-2015 Exhibit A ,y.$�R r +. . �W .;'�'✓ 1r City Manager .�'..":.' k �l /.'r, ! �! �`_?, tt4"k, a .. $13,750 (Actual Salary) ti _ ..3:t ! \Y 0. 4).d` 1 F i :it`,l''+ $165,000 City Attorney $16,658.33 (Actual Salary) $799,900 Assistant City Manager $ 6,249.76 — $ 12,365.10 $ 74,997.12 — $ 148,381.20 City Engineer $ 5,643.44 — $ 11,517.75 $ 67,721.28 — $ 138,213.00 City Librarian $ 5,363.60 — $ 10,429.87 $ 64,363.20 — $ 125,168.44 Community Development Executive Director $ 7,288.00 — $ 12,416.25 $ 87,456.00 — $ 148,995.00 Community Services Director $ 7,287.50 — $ 9,716.28 $ 87,450.00 — $ 116,595.36 Director of Administrative Services $ 5,64344 — $ 11,897.86 $ 67,721.28 — $ 142,774.32 Director of Building & Safety $ 5,561.82 — $ 9,755.90 $ 66,741.84 — $ 117,070.80 Director of Community Development $ 5,643.44 — $ 11,517.76 $ 67,721.28 — $ 138,213.00 Director of Emergency Services $ 5,946.60 — $ 12,045.95 $ 71,359.20 — $ 144,551.40 Director of Finance $ 5,643.44 — $ 11,346.35 $ 67,721.28 — $ 136,156.20 Director of Housing, Grants & Asset Management $ 5,363.60 — $ 10,429.87 $ 64,363.20 — $ 125,158.44 Director of Planning $ 5,643.44 — $ 11,897.86 $ 67,721.28 — $ 142,774.32 Director of Public Works $ 5,643.44 — $ 11,517.75 $ 67,721.28 — $ 138,213.00 Fire Chief $ 5,946.60 — $ 12,045.95 $ 71,359.20 — $ 144,551.40 Human Resources Director $ 4,862.22 — $ 11,365.00 $ 58,346.64 - $ 136,380.00 Police Chief $ 6,541.26 — $ 13,629.37 $ 78,495.12 — $ 163,552.44 Records Management Officer $ 5,462.71 — $ 7,827.07 $ 65,552.52 — $ 93,924.90 Senior Assistant City Attorney $ 7,433.25 - $ 12,340.94 $ 89,199.00 — $ 148,091.28 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary band for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2014- 2015 salary schedule for classifications within the Management employee group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Management employee group are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Management Employee Group Salary Schedule RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE MANAGEMENT EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2014-2015 Salary Schedule for the Management Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2014-2015 Asst Director of PW/Engineering $ 4,594.04 - $ 9,790.90 $ 55,128.48 Exhibit A - $ 117,490.80 Assistant Police Chief $ 11,368.50 - $ 11,584.21 $ 136,422.00 - $ 139,010.52 Battalion Chief $ 5,316.96 - $ 9,769.91 $ 63,803.52 - $ 117,238.92 Building Official $ 7,087.16 - $ 9,581.02 $ 85,045.92 - $ 114,972.24 Community Development Manager $ 7,287.50 - $ 9,134.44 $ 87,450.00 - $ 109,613.28 Community Development Specialist 111 $ 4,465.78 - $ 8,088.54 $ 53,589.36 - $ 97,062.48 Deputy City Attorney $ 6,841.11 - $ 9,121.48 $ 82,093.32 - $ 109,457.76 Deputy Director of Human Resources $ 7,287.50 - $ 9,134.44 $ 87,450.00 - $ 109,613.28 Equipment Maint Supervisor $ 3,229.82 - $ 7,773.72 $ 38,757.84 - $ 93,284.64 Facilities Maint Supervisor $ 3,229.82 - $ 6,607.72 $ 38,757.84 - $ 79,292.64 Financial Services Officer $ 4,174.28 - $ 9,077.31 $ 50,091.36 - $ 108,927.72 Housing Programs Manager $ 4,255.90 - $ 8,490.81 $ 51,070.80 - $ 101,889.72 Management Analyst I Management Analyst II $ 3,116.72 - $ 5,604.96 $ 3,542.31 - $ 6,389.86 $ 37,400.64 - $ 67,259.52 $ 42,507.72 - $ 76,438.32 Management Analyst III $ 3,964.40 - $ 7,134.75 $ 47,572.80 - $ 85,617.00 Mgmt Information Systems Manager $ 4,279.22 - $ 9,304.68 $ 51,350.64 - $ 111,656.16 Neighborhood Council Coordinator $ 3,964.40 - $ 7,134.75 $ 47,572.80 - $ 85,617.00 Neighborhood Services Manager $ 3,229.82 - $ 7,773.72 $ 38,757.84 - $ 83,284.64 Nutrition Program Manager $ 3,229.82 - $ 7,647.79 $ 38,757.84 - $ 91,773.48 Park Superintendent $ 3,229.82 - $ 7,847.79 $ 38,757.84 - $ 91,773.48 PIOIMgmt Analyst III $ 3,964.40 - $ 7,134.75 $ 47,572.80 - $ 85,617.00 Police Captain $ 5,410.24 - $ 11,339.40 Page 1 of 2 $ 64,922.88 - $ 136,072.81 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2014-2015 Exhibit A Police Support Services Manager $ 3,964.40 11 — $ 7,134.75 $ 47,572.80 — $ 85,617.00 Principal Civil Engineer $ 7,796.88 — $ 9,581.02 $ 93,550.56 — $ 114,972.24 Principal Librarian $ 3,766.18 — $ 7,822.69 $ 45,194.16 — $ 93,872.28 Principal Planner $ 4,465.78 — $ 8,088.54 $ 53,589.36 — $ 97,062.48 Project Officer $ 4,465.78 — $ 8,088.54 $ 53,589.36 — $ 97,062.48 Purchasing Agent $ 4,255.90 — $ 8,490.81 $ 51,070.80 — $ 101,889.72 Recreation Superintendent $ 3,229.82 — $ 7,647.79 $ 38,757.84 — $ 91,773.48 Risk Manager $ 4,174.28 — $ 9,073.81 $ 50,091.36 — $ 108,885.72 Senior Accountant $ 3,264.80 — $ 6,808.27 $ 39,177.60 — $ 81,699.24 Special Assistant to the Mayor $ 3,542.31 — $ 6,369.86 $ 42,507.72 — $ 76,438.32 Street Maintenance Supervisor $ 3,229.82 — $ 6,607.72 $ 38,757.84 — $ 79,292.64 St Maint 8 Wastewater Superintendent $ 3,229.82 — $ 7,647.79 $ 38,757.84 — $ 91,773.48 Traffic Engineer $ 6,056.20 — $ 9,304.68 $ 72,674.40 — $ 111,656.16 Wastewater Supervisor $ 3,229.82 — $ 6,607.72 $ 38,757.84 — $ 79,292.64 Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Confidential employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2014- 2015 salary schedule for classifications within the Confidential employee group. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for the Confidential employee group are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Confidential Employee Group Salary Schedule RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE CONFIDENTIAL EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2014-2015 Salary Schedule for the Confidential Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY CONFIDENTIAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2014-2015 Exhibit A TITLE/RANGE STEP A STEP B STEP C STEP D STEP E MIS Technician II c144 BI-WEEKLY 2,596.16 2,725.97 2,862.26 3,005.38 3,155.65 MONTHLY 5,625.01 5,906.26 6,201.57 6,511.65 6,837.23 ANNUAL 67,500.10 70,875.11 74,418.86 78,139.81 82,046.80 HOURLY 32.4520 34.0746 35.7783 37.5672 39.4456 MIS Technician I c130 BI-WEEKLY 2,280.83 2,394.87 2,514.62 2,640.35 2,772.36 MONTHLY 4,941.80 5,188.89 5,448.34 5,720.75 6,006.79 ANNUAL 59,301.61 62,266.69 65,380.03 68,649.03 72,081.48 HOURLY 28.5104 29.9359 31.4327 33.0043 34.6546 Executive Assistant IV c115 BI-WEEKLY 1,991.27 2,090.83 2,195.37 2,305.14 2,420.40 MONTHLY 4,314.41 4,530.13 4,756.63 4,994.47 5,244.19 ANNUAL 51,772.89 54,361.54 57,079.61 59,933.59 62,930.27 HOURLY 24.8908 26.1354 27.4421 28.8142 30.2549 Executive Assistant III c109 BI-WEEKLY 1,886.17 1,980.48 2,079.51 2,183.48 2,292.66 MONTHLY 4,086.71 4,291.05 4,505.60 4,730.88 4,967.42 ANNUAL 49,040.55 51,492.58 54,067.21 56,770.57 59,609.09 HOURLY 23.5772 24.7560 25.9938 27.2935 28.6582 Executive Assistant II c101 BI-WEEKLY 1,753.88 1,841.58 1,933.66 2,030.34 2,131.86 MONTHLY 3,800.08 3,990.09 4,189.59 4,399.07 4,619.02 ANNUAL 45,600.98 47,881.03 50,275.08 52,788.84 55,428.28 HOURLY 21.9235 23.0197 24.1707 25.3792 26.6482 Payroll Technician & Confidential Assistant (At -Will) c092 BI-WEEKLY 1,617.33 1,698.19 1,783.10 1,872.26 1,965.87 MONTHLY 3,504.21 3,679.42 3,863.39 4,056.56 4,259.39 ANNUAL 42,050.52 44,153.04 46,360.69 48,678.73 51,112.66 HOURLY 20.2166 21.2274 22.2888 23.4032 24.5734 Executive Assistant 1 c087 BI-WEEKLY 1,546.55 1,623.88 1,705.07 1,790.33 1,879.84 MONTHLY 3,350.86 3,518.40 3,694.32 3,879.04 4,072.99 ANNUAL 40,210.32 42,220.84 44,331.88 46,548.48 48,875.90 HOURLY 19.3319 20.2985 21.3134 22.3791 23.4980 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO.' ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters' Association employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2014- 2015 salary schedule for classifications represented by the Firefighters' Association (FFA). FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the FFA are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Firefighters' Association Salary Schedule RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE FIREFIGHTERS' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2014-2015 Salary Schedule for the Firefighters' Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY FIREFIGHTERS' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE DESCRIPTION Exhibit A STEP A STEP B STEP C STEP D STEP E STEP F STEP G F121 FIREFIGHTER Biweekly 1,905.14 2,000.39 2,100.41 2,205.43 2,315.71 2431.49 2,553.07 Monthly 4,139.14 4,346.10 4,563.40 4,791.57 5,031.15 5,282.71 5,546.84 Annual 49,669.66 52,153.14 54,760.80 57,498.84 60,373.78 63,392.47 66,562.10 28/dy Pay Period 3,810.27 4,000.79 4,200.83 4,410.87 4,631.41 4,862.98 5,106.13 40-Hr Week 23.81 25.00 26.26 27.57 28.95 30.39 31.91 192 Shift 19.85 20.84 21.88 22.97 24.12 25.33 26.59 216 Shift 17.64 18.52 19.45 20.42 21.44 22.51 23.64 240 Shift 15.88 16.67 17.50 18.38 19.30 20.26 21.28 Hourly=Annual/2912 17.06 17.91 18.81 19.75 20.73 21.77 22.86 F130 FIRE ENGINEER Biweekly 2,424.05 2,545.25 2,672.52 2,806.14 2,946.45 Monthly 5,266.54 5,529.87 5,806.36 6,096.68 6,401.52 Annual 63,198.51 66,358.43 69,676.35 73,160.17 76,818.18 28/dy Pay Period 4,848.10 5,090.51 5,345.03 5,612.29 5,892.90 40-Hr Week 30.30 31.82 33.41 35.08 36.83 96 192 Shift 25.25 26.51 27.84 29.23 30.69 108 216 Shift 22.44 23.57 24.75 25.9E 27.28 120 240 Shift 20.20 21.21 22.27 23.38 24.55 Hourly = AnnuaV2912 21.70 22.79 23.93 25.12 26.38 F140 FIRE CAPTAIN Biweekly 2,843.23 2,985.39 3,134.66 3,291.40 3,455.97 Monthly 6,177.26 6,486.13 6,810.43 7,150.95 7,508.50 Annual 74,127.15 77,833.51 81,725.18 85,811.44 90,102.01 28/dy Pay Period 5,686.46 5,970.79 6,269.33 6,582.79 6,911.93 40-HrWeek 35.54 37.32 39.18 41.14 43.20 192 Shift 29.62 31.10 32.65 34.29 36.00 216 Shift 26.33 27.64 29.02 30.48 32.00 240 Shift 23.69 24.88 26.12 27.43 28.80 Hourly = Annual2912 25.46 26.73 28.06 29.47 30.94 F140 DEPUTY FIRE MARSHAL Biweekly 2,B43.23 2,985.39 3,134.66 3,291.40 3,455.97 Monthly 6,177.26 6,486.13 6,810.43 7,150.95 7,508.50 Annual 74,127.15 77,833.51 81,725.18 85,811.44 90,102.01 28/dy Pay Period 5,686.46 5,970.79 6,269.33 6,582.79 8,911.93 40-Hr Week 35.54 37.32 39.18 41.14 43.20 192 Shift 29.62 31.10 32.65 34.29 36.00 216 Shift 26.33 27.64 29.02 30.48 32.00 240 Shift 23.69 24.88 26.12 27.43 28.80 Hourly = Annual/2912 25.46 26.73 28.06 29.47 30.94 F160 FIRE BATTALION CHIEF Biweekly 3,561.03 3,800.10 4,039.18 4,278.25 4,517.33 Monthly 7,736.76 8,256.18 8,775.60 9,295.02 9,814.44 Annual 92,841.14 99,074.17 105,307.20 111,540.23 117,773.26 28/dy Pay Period 7,122.06 7,600.21 8,078.36 8,556.51 9,034.66 40-Hr Week 44.51 47.50 50.49 53.48 56.47 192 Shift 37.09 39.58 42.07 44.57 47.06 216 Shift 32.97 35.19 37.40 39.61 41.83 240 Shift 29.68 31.67 33.66 35.65 37.64 Hourly = Annual2912 31.88 34.02 36.16 38.30 .40.44 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Police Officers' Association employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2014- 2015 salary schedule for classifications represented by the Police Officers' Association (POA). FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the POA are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Police Officers' Association Salary Schedule RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE POLICE OFFICERS' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2014-2015 Salary Schedule for the Police Officers' Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY POLICE OFFICERS' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE POLICE LIEUTENANT P148 POLICE SERGEANT P136 POLICE CORPORAL P122 POLICE OFFICER P121 POLICE RECRUIT P119 Exhibit A DESCRIPTION STEP A STEP B STEP C STEP D STEP E BI-WEEKLY 4,022.98 4,224.13 4,435.33 4,657.10 4,889.95 ANNUAL. 104,597.48 109,827.38 115,318.58 121,084.60 127,138.70 MONTHLY 8,716.46 9,152128 9,609.88 10,090.38 10,594.89 40/HR WEEK 50.29 52.80 55.44 58.21 61.12 BI-WEEKLY 3,199.79 3,359.78 3,527.76 3,704.15 3,889.36 ANNUAL 83,194.54 87,354.28 91,721.76 96,307.90 101,123.36 MONTHLY 6,932.88 7,279.52 7,643.48 8,025.66 8,426.95 40/HR WEEK 40.00 42.00 44.10 46.30 48.62 BI-WEEKLY 3,282.54 ANNUAL 85,346.04 MONTHLY 7,112.16 40/HR WEEK 41.03 BI-WEEKLY 2,448.04 2,570.45 2,835.59 2,977.36 3,126.23 ANNUAL 63,649.04 66,831.70 73,725.34 77,411.36 81,281.98 MONTHLY 5,304.09 5,569.31 6,143.78 6,450.95 6,773.50 40/HR WEEK 30.60 32.13 35.44 37.22 39.08 BI-WEEKLY 1,981.29 2,080.35 2,294.92 2,409.67 2,530.15 ANNUAL 51,513.54 54,089.10 59,667.92 62,651.42 65,783.90 MONTHLY 4,292.80 4,507.43 4,972.33 5,220.95 5,481.99 40/HR WEEK 24.77 26.00 28.69 30.12 31.63 ANIMAL CONTROL OFFICER P094 BI-WEEKLY 1,722.00 1,808.11 1,898.51 1,993.43 2,093.11 ANNUAL 44,772.00 47,010.86 49,361.26 51,829.18 54,420.86 MONTHLY 3,731.00 3,917.57 4,113.44 4,319.10 4,535.07 40/HR WEEK 21.53 22.60 23.73 24.92 26.16 SENIOR POLICE DISPATCHER P112 BI-WEEKLY 2,366.12 2,484.42 2,608.65 2,739.08 2,876.03 ANNUAL 61,519.12 64,594.92 67,824.90 71,216.08 74,776.78 MONTHLY 5,126.59 5,382.91 5,652.08 5,934.67 6,231.40 40/HR WEEK 29.58 31.06 32.61 34.24 35.95 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17.2014 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Municipal Employees' Association employee group for fiscal year 2014-2015 in compliance with the requirements of the California Public Employee's Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2014- 2015 salary schedule for classifications represented by the Municipal Employees' Association (MEA). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the MEA are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution List of Classifications Represented by the Municipal Employees' Association Municipal Employees' Association Salary Schedule City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2014-2015 Exhibit A Accountant Accountant Trainee Accounting Assistant Administrative Secretary Buyer Executive Secretary Management Analyst Trainee Office Assistant Purchasing Clerk Senior Accounting Assistant Senior Office Assistant 114 96 76 87 92 101 101 53 76 92 63 $3,891 - $4,730 $3,304 - $4,016 $2,778 - $3,376 $3,051 - $3,709 $3,190 - $3,878 $3,460 - $4,205 $3,460 - $4,205 $2,209 - $2,685 $2,778 - $3,376 $3,190 - $3,878 $2,485 - $3,020 Assistant Engineer -Civil 143 $5,074 - $6,168 Assistant Planner 119 $4,067 - $4,944 Associate Engineer -Civil 156 $5,731 - $6,966 Associate Planner 130 $4,499 - $5,468 Building Inspector 123 $4,230 - $5,141 Building Inspector/Plan Checker 133 $4,625 - $5,622 Civil Engineering Technician 108 $3,682 - $4,476 Code Conformance Officer I 113 $3,857 - $4,688 Code Conformance Officer 11 123 $4,230 - $5,141 Construction Inspector 118 $4,033 - $4,902 Fire Inspector 123 $4,230 - $5,141 Graffiti Removal Assistant 76 $2,778 - $3,376 Graffiti Removal Technician 98 $3,364 - $4,088 Lead Hazard Control Program Case Manager 110 $3,752 - $4,561 Lead Hazard Control Program Coordinator 120 $4,107 - $4,993 Lead Housing Inspector 115 $3,928 - $4,774 Lead Risk Inspector/Assessor 115 $3,928 - $4,774 Lead Sampling Technician 86 $3,032 - $3,685 Parking Regulations Officer 83 $2,949 - $3,584 Page 1 of 4 City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2014-2015 Exhibit A Permit Technician Planning Technician Senior Building Inspector Senior Civil Engineering Technician Senior Code Conformance Officer Senior Construction Inspector Storm Water Compliance Inspector 86 98 133 123 133 133 123 $3,032 - $3,685 $3,364 - $4,088 $4,625 - $5,622 $4,230 - $5,141 $4,625 - $5,622 $4,625 - $5,622 $4,230 - $5,141 Academic Enrichment Programs Coord Executive Chef Home Delivered Meals Coordinator Librarian Librarian (Literacy Services) Library Assistant Library Technician Neighborhood Council Specialist Recreation Center Supervisor Recreation Supervisor Senior Library Technician Sous Chef 124 81 60 124 124 63 88 101 95 112 93 63 $4,261 - $5,180 $2,895 - $3,519 $2,418 - $2,940 $4,261 - $5,180 $4,261 - $5,180 $2,485 - $3,020 $3,083 - $3,748 $3,460 - $4,205 $3,276 - $3,982 $3,819 - $4,642 $3,227 - $3,922 $2,485 - $3,020 Abandoned Vehicle Abatement Officer Alarm Program Coordinator Community Services Officer Crime Analyst Crime Scene Specialist Police Dispatcher Police Investigative Aide Police Investigator (Non -sworn) 83 63 73 120 112 113 105 123 $2,949 - $3,584 $2,485 - $3,020 $2,705 - $3,288 $4,107 - $4,993 $3,819 - $4,642 $3,857 - $4,688 $3,588 - $4,361 $4,230 - $5,141 Page 2 of 4 City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2014-2015 Exhibit A Police Operations Assistant Police Records Clerk Police Records Supervisor Property & Evidence Specialist I Property & Evidence Specialist II Property & Evidence Unit Supervisor Stop Grant Office Office Coordinator Training Coordinator 93 63 120 92 112 123 87 74 $3,227 - $3,922 $2,485 - $3,020 $4,107 - $4,993 $3,190 - $3,878 $3,819 - $4,642 $4,230 - $5,141 $3,051 - $3,709 $2,729 - $3,317 Community Development Specialist I Community Development Specialist II Housing Assistant Housing Inspector I Housing Inspector II Housing Specialist Property Agent Senior Housing Specialist 119 130 89 113 123 116 130 126 $4,067 - $4,944 $4,499 - $5,468 $3,118 - $3,788 $3,857 - $4,688 $4,230 - $5,141 $3,962 - $4,816 $4,499 - $5,468 $4,343 - $5,279 Assistant Tree Trimmer Lead Tree Trimmer Park Caretaker Park Supervisor Parks Equipment Operator Senior Park Caretaker Tree Trimmer 82 93 74 109 98 82 87 $2,927 - $3,558 $3,227 - $3,922 $2,729 - $3,317 $3,721 - $4,522 $3,364 - $4,088 $2,927 - $3,558 $3,051 - $3,709 Page 3 of 4 City of National City Human Resources Department LIST OF CLASSIFICATIONS REPRESENTED BY THE MUNICIPAL EMPLOYEES' ASSOCIATION Fiscal Year 2014-2015 Exhibit A Building Trades Specialist Carpenter Custodian Electrician Equipment Mechanic Equipment Operator Lead Equipment Mechanic Maintenance Worker Plumber Senior Equipment Operator Senior Traffic Painter Street Sweeper Operator Supervising Custodian Traffic Painter Wastewater Crew Chief 102 102 56 102 105 98 115 76 102 110 98 98 67 86 110 $3,494 — $4,247 $3,494 — $4,247 $2,335 — $2,838 $3,494 — $4,247 $3,588 — $4,361 $3,364 — $4,088 $3,928 — $4,774 $2,778 — $3,376 $3,494 — $4,247 $3,752 — $4,561 $3,364 — $4,088 $3,364 — $4,088 $2,566 — $3,119 $3,032 — $3,685 $3,752 — $4,561 Page 4 of 4 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE MUNICIPAL EMPLOYEE'S ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2014-2015 Salary Schedule for the Municipal Employee's Association Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 051 A 12.92 1,033.36 2,238.95 26,867.36 B 13.56 1,085.02 2,350.88 28,210.52 C 14.24 1,139.27 2,468.42 29,621.02 D 14.95 1,196.23 2,591.83 31,101.98 E 15.70 1,256.04 2,721.42 32,657.04 052 A 12.62 1,009.81 2,187.92 26,255.06 B 13.25 1,060.29 2,297.30 27,567.54 C 13.92 1,113.31 2,412.17 28,946.06 D 14.61 1,168.98 2,532.79 30,393.48 E 15.34 1,227.42 2,659.41 31,912.92 053 A 12.74 1,019.42 2,208.74 26,504.92 B 13.38 1,070.40 2,319.20 27,830.40 C 14.05 1,123.92 2,435.16 29,221.92 D 14.75 1,180.13 2,556.95 30,683.38 E 15.49 1,239.12 2,684.76 32,217.12 054 A 12.84 1,027.11 2,225.41 26,704.86 B 13.48 1,078.48 2,336.71 28,040.48 C 14.15 1,132.38 2,453.49 29,441.88 D 14.86 1,189.01 2,576.19 30,914.26 E 15.61 1,248.47 2,705.02 32,460.22 055 A 12.97 1,037.71 2,248.37 26,980.46 B 13.62 1,089.60 2,360.80 28,329.60 C 14.30 1,144.07 2,478.82 29,745.82 D 15.02 1,201.28 2,602.77 31,233.28 E 15.77 1,261.34 2,732.90 32,794.84 056 A 13.47 1,077.64 2,334.89 28,018.64 B 14.14 1,131.51 2,451.61 29,419.26 C 14.85 1,188.08 2,574.17 30,890.08 D 15.59 1,247.49 2,702.90 32,434.74 E 16.37 1,309.86 2,838.03 34,056.36 057 A 13.61 1,088.67 2,358.79 28,305.42 B 14.29 1,143.11 2,476.74 29,720.86 C 15.00 1,200.26 2,600.56 31,206.76 D 15.75 1,260.27 2,730.59 32,767.02 E 16.54 1,323.27 2,867.09 34,405.02 Page 1 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 058 A 13.73 1,098.42 2,379.91 28,558.92 B 14.42 1,153.33 2,498.88 29,986.58 C 15.14 1,211.00 2,623.83 31,486.00 D 15.89 1,271.56 2,755.05 33,060.56 E 16.69 1,335.14 2,892.80 34,713.64 059 A 13.84 1,107.24 2,399.02 28,788.24 8 14.53 1,162.58 2,518.92 30,227.08 C 15.26 1,220.70 2,644.85 31,738.20 D 16.02 1,281.73 2,777.08 33,324.98 E 16.82 1,345.85 2,916.01 34,992.10 060 A 13.95 1,116.19 2,418.41 29,020.94 B 14.65 1,171.99 2,539.31 30,471.74 C 15.38 1,230.59 2,666.28 31,995.34 D 16.15 1,292.12 2,799.59 33,595.12 E 16.96 1,356.74 2,939.60 35,275.24 061 A 14.05 1,124.05 2,435.44 29,225.30 B 14.75 1,180.25 2,557.21 30,686.50 C 15.49 1,239.27 2,685.09 32,221.02 0 16.27 1,301.23 2,819.33 33,831.98 E 17.08 1,366.28 2,960.27 35,523.28 062 A 14.21 1,136.90 2,463.28 29,559.40 B 14.92 1,193.76 2,586.48 31,037.76 C 15.67 1,253.43 2,715.77 32,589.18 D 16.45 1,316.11 2,851.57 34,218.86 E 17.27 1,381.90 2,994.12 35,929.40 063 A 14.33 1,146.74 2,484.60 29,815.24 B 15.05 1,204.09 2,608.86 31,306.34 C 15.80 1,264.29 2,739.30 32,871.54 D 16.59 1,327.51 2,876.27 34, 515.26 E 17.42 1,393.88 3,020.07 36,240.88 064 A 14.45 1,155.67 2,503.95 30,047.42 B 15.17 1,213.46 2,629.16 31,549.96 C 15.93 1,274.14 2,760.64 33,127.64 D 16.72 1,337.85 2,898.68 34,784.10 E 17.56 1,404.72 3,043.56 36,522.72 Page 2 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL. EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 065 A 14.57 1,165.47 2,525.19 30,302.22 B 15.30 1,223.75 2,651.46 31,817.50 C 16.06 1,284.94 2,784.04 33,408.44 D 16.86 1,349.17 2,923.20 35,078.42 E 17.71 1,416.64 3,069.39 36,832.64 066 A 14.69 1,175.39 2,546.68 30,560.14 B 15.43 1,234.17 2,674.04 32,088.42 C 16.20 1,295.87 2,807.72 33,692.62 D 17.01 1,360.67 2,948.12 35,377.42 E 17.86 1,428.69 3,095.50 37,145.94 067 A 14.80 1,184.29 2,565.96 30,791.54 B 15.54 1,243.50 2,694.25 32,331.00 C 16.32 1,305.69 2,829.00 33,947.94 D 17.14 1,370.97 2,970.44 35,645.22 E 17.99 1,439.50 3,118.92 37,427.00 068 A 14.93 1,194.20 2,587.43 31,049.20 B 15.67 1,253.93 2,716.85 32,602.18 C 16.46 1,316.62 2,852.68 34,232.12 D 17.28 1,382.45 2,995.31 35,943.70 E 18.14 1,451.57 3,145.07 37,740.82 069 A 15.06 1,205.02 2,610.88 31,330.52 B 15.82 1,265.27 2,741.42 32,897.02 C 16.61 1,328.52 2,878.46 34,541.52 D 17.44 1,394.95 3,022.39 36,268.70 E 18.31 1,464.70 3,173.52 38,082.20 070 A 15.16 1,212.76 2,627.65 31,531.76 B 15.92 1,273.40 2,759.03 33,108.40 C 16.71 1,337.07 2,896.99 34,763.82 D 17.55 1,403.91 3,041.81 36,501.66 E 18.43 1,474.12 3,193.93 38,327.12 071 A 15.31 1,224.72 2,653.56 31,842.72 B 16.07 1,285.96 2,786.25 33,434.96 C 16.88 1,350.25 2,925.54 35,106.50 D 17.72 1,417.76 3,071.81 36,861.76 E 18.61 1,488.66 3,225.43 38,705.16 Page 3 of 23 EXHIBIT "A" CITY OF NATIONAL. CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 072 A 15.44 1,235.58 2,677.09 32,125.08 B 16.22 1,297.37 2,810.97 33,731.62 C 17.03 1,362.23 2,951.50 35,417.98 D 17.88 1,430.34 3,099.07 37,188.84 E 18.77 1,501.85 3,254.01 39,048.10 073 A 15.61 1,248.42 2,704.91 32,458.92 B 16.39 1,310.84 2,840.15 34,081.84 C 17.20 1,376.39 2,982.18 35,786.14 D 18.07 1,445.20 3,131.27 37,575.20 E 18.97 1,517.46 3,287.83 39,453.96 074 A 15.74 1,259.35 2,728.59 32,743.10 B 16.53 1,322.31 2,865.01 34,380.06 C 17.36 1,388.43 3,008.27 36,099.18 D 18.22 1,457.85 3,158.68 37,904.10 E 19.13 1,530.76 3,316.65 39,799.76 075 A 15.88 1,270.14 2,751.97 33,023.64 B 16.67 1,333.64 2,889.55 34,674.64 C 17.50 1,400.33 3,034.05 36,408.58 D 18.38 1,470.34 3,185.74 38,228.84 E 19.30 1,543.86 3,345.03 40,140.36 076 A 16.03 1,282.04 2,777.75 33,333.04 B 16.83 1,346.15 2,916.66 34,999.90 C 17.67 1,413.45 3,062.48 36,749.70 D 18.55 1,484.13 3,215.62 38,587.38 E 19.48 1,558.34 3,376.40 40,516.84 077 A 16.15 1,291.72 2,798.73 33,584.72 B 16.95 1,356.30 2,938.65 35,263.80 C 17.80 1,424.13 3,085.62 37,027.38 D 18.69 1,495.33 3,239.88 38,878.58 E 19.63 1,570.09 3,401.86 40,822.34 Page 4 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 078 A 16.33 1,306.44 2,830.62 33,967.44 B 17.15 1,371.77 2,972.17 35,666.02 C 18.00 1,440.34 3,120.74 37,448.84 D 18.90 1,512.37 3,276.80 39,321.62 E 19.85 1,588.00 3,440.67 41,288.00 079 A 16.44 1,315.59 2,850.45 34,205.34 B 17.27 1,381.37 2,992.97 35,915.62 C 18.13 1,450.45 3,142.64 37,711.70 D 19.04 1,522.97 3,299.77 39,597.22 E 19.99 1,599.12 3,464.76 41,577.12 080 A 16.59 1,327.40 2,876.03 34,512.40 B 17.42 1,393.78 3,019.86 36,238.28 C 18.29 1,463.48 3,170.87 38,050.48 D 19.21 1,536.63 3,329.37 39,952.38 E 20.17 1,613.46 3,495.83 41,949.96 081 A 16.70 1,336.21 2,895.12 34,741.46 B 17.54 1,403.00 3,039.83 36,478.00 C 18.41 1,473.17 3,191.87 38,302.42 D 19.34 1,546.81 3,351.42 40,217.06 E 20.30 1,624.17 3,519.04 42,228.42 082 A 16.89 1,350.99 2,927.15 35,125.74 B 17.73 1,418.53 3,073.48 36,881.78 C 18.62 1,489.45 3,227.14 38,725.70 D 19.55 1,563.92 3,388.49 40,661.92 E 20.53 1,642.12 3,557.93 42,695.12 083 A 17.01 1,360.89 2,948.60 35,383.14 B 17.86 1,428.93 3,096.02 37,152.18 C 18.75 1,500.38 3,250.82 39,009.88 D 19.69 1,575.40 3,413.37 40,960.40 E 20.68 1,654.17 3,584.04 43,008.42 084 A 17.13 1,370.77 2,970.00 35,640.02 8 17.99 1,439.30 3,118.48 37,421.80 C 18.89 1,511.26 3,274.40 39,292.76 D 19.84 1,586.83 3,438.13 41,257.58 E 20.83 1,666.17 3,610.04 43,320.42 Page 5 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 085 A 17.28 1,382.65 2,995.74 35,948.90 B 18.15 1,451.80 3,145.57 37,746.80 C 19.05 1,524.37 3,302.80 39,633.62 D 20.01 1,600.60 3,467.97 41,615.60 E 21.01 1,680.63 3,641.37 43,696.38 086 A 17.49 1,399.38 3,031.99 36,383.88 B 18.37 1,469.35 3,183.59 38,203.10 C 19.29 1,542.81 3,342.76 40,113.06 D 20.25 1,619.94 3,509.87 42,118.44 E 21.26 1,700.94 3,685.37 44,224.44 087 A 17.60 1,408.26 3,051.23 36,614.76 B 18.48 1,478.67 3,203.79 38,445.42 C 19.41 1,552.59 3,363.95 40,367.34 D 20.38 1,630.21 3,532.12 42,385.46 E 21.40 1,711.74 3,708.77 44,505.24 088 A 17.79 1,423.10 3,083.38 37,000.60 B 18.68 1,494.24 3,237.52 38,850.24 C 19.61 1,568.96 3,399.41 40,792.96 D 20.59 1,647.40 3,569.37 42,832.40 E 21.62 1,729.77 3,747.84 44,974.02 089 A 17.99 1,438.92 3,117.66 37,411.92 B 18.89 1,510.89 3,273.60 39,283.14 C 19.83 1,586.43 3,437.27 41,247.18 D 20.82 1,665.75 3,609.13 43,309.50 E 21.86 1,749.03 3,789.57 45,474.78 090 A 18.11 1,448.73 3,138.92 37,666.98 B 19.01 1,521.16 3,295.85 39,550.16 C 19.97 1,597.21 3,460.62 41,527.46 D 20.96 1,677.08 3,633.67 43,604.08 E 22.01 1,760.93 3,815.35 45,784.18 091 A 18.27 1,461.45 3,166.48 37,997.70 B 19.18 1,534.54 3,324.84 39,898.04 C 20.14 1,611.26 3,491.06 41,892.76 D 21.15 1,691.81 3,665.59 43,987.06 E 22.21 1,776.41 3,848.89 46,186.66 Page 6 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 092 A 18.41 1,472.49 3,190.40 38,284.74 B 19.33 1,546.11 3,349.91 40,198.86 C 20.29 1,623.42 3,517.41 42,208.92 D 21.31 1,704.59 3,693.28 44,319.34 E 22.37 1,789.81 3,877.92 46,535.06 093 A 18.62 1,489.22 3,226.64 38,719.72 B 19.55 1,563.66 3,387.93 40,655.16 C 20.52 1,641.86 3,557.36 42,688.36 D 21.55 1,723.94 3,735.20 44,822.44 E 22.63 1,810.15 3,921.99 47,063.90 094 A 18.77 1,501.97 3,254.27 39,051.22 B 19.71 1,577.04 3,416.92 41,003.04 C 20.70 1,655.90 3,587.78 43,053.40 D 21.73 1,738.70 3,767.18 45,206.20 E 22.82 1,825.63 3,955.53 47,466.38 095 A 18.90 1,511.84 3,275.65 39,307.84 B 19.84 1,587.46 3,439.50 41,273.96 C 20.84 1,666.83 3,611.47 43,337.58 D 21.88 1,750.16 3,792.01 45,504.16 E 22.97 1,837.66 3,981.60 47,779.16 096 A 19.06 1,524.77 3,303.67 39,644.02 B 20.01 1,601.00 3,468.83 41,626.00 C 21.01 1,681.05 3,642.28 43,707.30 D 22.06 1,765.11 3,824.41 45,892.86 E 23.17 1,853.38 4,015.66 48,187.88 097 A 19.26 1,540.55 3,337.86 40,054.30 B 20.22 1,617.57 3,504.74 42,056.82 C 21.23 1,698.46 3,680.00 44,159.96 D 22.29 1,783.36 3,863.95 46,367.36 E 23.41 1,872.54 4,057.17 48,686.04 098 A 19.41 1,552.40 3,363.53 40,362.40 B 20.38 1,630.02 3,531.71 42,380.52 C 21.39 1,711.51 3,708.27 44,499.26 D 22.46 1,797.08 3,893.67 46,724.08 E 23.59 1,886.93 4,088.35 49,060.18 Page 7 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 099 A 19.60 1,568.12 3,397.59 40,771.12 8 20.58 1,646.52 3,567.46 42,809.52 C 21.61 1,728.86 3,745.86 44,950.36 D 22.69 1,815.30 3,933.15 47,197.80 E 23.83 1,906.08 4,129.84 49,558.08 100 A 19.80 1,583.95 3,431.89 41,182.70 B 20.79 1,663.15 3,603.49 43,241.90 C 21.83 1,746.30 3,783.65 45,403.80 D 22.92 1,833.62 3,972.84 47,674.12 E 24.07 1,925.30 4,171.48 50,057.80 101 A 19.96 1,596.75 3,459.63 41,515.50 B 20.96 1,676.58 3,632.59 43,591.08 C 22.01 1,760.41 3,814.22 45,770.66 D 23.11 1,848.43 4,004.93 48,059.18 E 24.26 1,940.85 4,205.18 50,462.10 102 A 20.16 1,612.53 3,493.82 41,925.78 B 21.16 1,693.16 3,668.51 44,022.16 C 22.22 1,777.81 3,851.92 46,223.06 D 23.33 1,866.71 4,044.54 48,534.46 E 24.50 1,960.04 4,246.75 50,961.04 103 A 20.34 1,627.32 3,525.86 42,310.32 B 21.36 1,708.68 3,702.14 44,425.68 C 22.43 1,794.12 3,887.26 46,647.12 D 23.55 1,883.81 4,081.59 48,979.06 E 24.73 1,978.00 4,285.67 51,428.00 104 A 20.50 1,640.22 3,553.81 42,645.72 B 21.53 1,722.23 3,731.50 44,777.98 C 22.60 1,808.34 3,918.07 47,016.84. D 23.73 1,898.76 4,113.98 49,367.76 E 24.92 1,993.71 4,319.71 51,836.46 105 A 20.70 1,656.02 3,588.04 43,056.52 B 21.74 1,738.80 3,767.40 45,208.80 C 22.82 1,825.77 3,955.84 47,470.02 D 23.96 1,917.04 4,153.59 49,843.04 E 25.16 2,012.89 4,361.26 52,335.14 Page 8 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 106 A 20.86 1,668.86 3,615.86 43,390.36 B 21.90 1,752.30 3,796.65 45,559.80 C 23.00 1,839.91 3,986.47 47,837.66 D 24.15 1,931.90 4,185.78 50,229.40 E 25.36 2,028.49 4,395.06 52,740.74 107 A 21.05 1,683.75 3,648.13 43,777.50 B 22.10 1,767.95 3,830.56 45,966.70 C 23.20 1,856.34 4,022.07 48,264.84 D 24.36 1,949.15 4,223.16 50,677.90 E 25.58 2,046.61 4,434.32 53,211.86 108 A 21.24 1,699.43 3,682.10 44,185.18 B 22.30 1,784.38 3,866.16 46,393.88 C 23.42 1,873.61 4,059.49 48,713.86 D 24.59 1,967.30 4,262.48 51,149.80 E 25.82 2,065.67 4,475.62 53,707.42 109 A 21.46 1,717.19 3,720.58 44,646.94 B 22.54 1,803.06 3,906.63 46,879.56 C 23.66 1,893.19 4,101.91 49,222.94 D 24.85 1,987.87 4,307.05 51,684.62 E 26.09 2,087.25 4,522.38 54,268.50 110 A 21.65 1,731.91 3,752.47 45,029.66 B 22.73 1,818.52 3,940.13 47,281.52 C 23.87 1,909.43 4,137.10 49,645.18 D 25.06 2,004.92 4,343.99 52,127.92 E 26.31 2,105.16 4,561.18 54,734.16 111 A 21.84 1,746.81 3,784.76 45,417.06 B 22.93 1,834.15 3,973.99 47,687.90 C 24.07 1,925.85 4,172.68 50,072.10 D 25.28 2,022.16 4,381.35 52,576.16 E 26.54 2,123.27 4,600.42 55,205.02 112 A 22.03 1,762.55 3,818.86 45,826.30 B 23.13 1,850:67 4,009.79 48,117.42 C 24.29 1,943.20 4,210.27 50,523.20 D 25.50 2,040.36 4,420.78 53,049.36 E 26.78 2,142.37 4,641.80 55,701.62 Page 9 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 113 A 22.25 1,780.27 3,857.25 46,287.02 B 23.37 1,869.27 4,050.09 48,601.02 C 24.53 1,962.76 4,252.65 51,031.76 D 25.76 2,060.89 4,465.26 53,583.14 E 27.05 2,163.92 4,688.49 56,261.92 114 A 22.45 1,796.04 3,891.42 46,697.04 B 23.57 1,885.85 4,086.01 49,032.10 C 24.75 1,980.14 4,290.30 51,483.64 D 25.99 2,079.14 4,504.80 54,057.64 E 27.29 2,183.10 4,730.05 56,760.60 115 A 22.66 1,812.86 3,927.86 47,134.36 B 23.79 1,903.53 4,124.32 49,491.78 C 24.98 1,998.69 4,330.50 51,965.94 D 26.23 2,098.64 4,547.05 54,564.64 E 27.54 2,203.56 4,774.38 57,292.56 116 A 22.86 1,828.66 3,962.10 47,545.16 B 24.00 1,920.11 4,160.24 49,922.86 C 25.20 2,016.10 4,368.22 52,418.60 D 26.46 2,116.92 4,586.66 55,039.92 E 27.78 2,222.77 4,816.00 57,792.02 117 A 23.04 1,843.46 3,994.16 47,929.96 B 24.20 1,935.64 4,193.89 50,326.64 C 25.41 2,032.41 4,403.56 52,842.66 O 26.68 2,134.04 4,623.75 55,485.04 E 28.01 2,240.73 4,854.92 58,258.98 118 A 23.27 1,861.35 4,032.93 48,395.10 B 24.43 1,954.41 4,234.56 50,814.66 C 25.65 2,052.13 4,446.28 53,355.38 D 26.93 2,154.75 4,668.63 56,023.50 E 28.28 2,262.48 4,902.04 58,824.48 119 A 23.46 1,877.13 4,067.12 48,805.38 8 24.64 1,971.00 4,270.50 51,246.00 C 25.87 2,069.56 4,484.05 53,808.56 D 27.16 2,173.02 4,708.21 56,498.52 E 28.52 2,281.67 4,943.62 59,323.42 Page 10 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 120 A 23.70 1,895.73 4,107.42 49,288.98 B 24.88 1,990.51 4,312.77 51,753.26 C 26.13 2,090.06 4,528.46 54,341.56 D 27.43 2,194.54 4,754.84 57,058.04 E 28.80 2,304.27 4,992.59 59,911.02 121 A 23.93 1,914.55 4,148.19 49,778.30 B 25.13 2,010.29 4,355.63 52,267.54 C 26.39 2,110.80 4,573.40 54,880.80 D 27.70 2,216.34 4,802.07 57,624.84 E 29.09 2,327.16 5,042.18 60,506.16 122 A 24.14 1,931.33 4,184.55 50,214.58 B 25.35 2,027.91 4,393.81 52,725.66 C 26.62 2,129.30 4,613.48 55,361.80 D 27.95 2,235.78 4,844.19 58,130.28 E 29.34 2,347.57 5,086.40 61,036.82 123 A 24.40 1,952.10 4,229.55 50,754.60 B 25.62 2,049.72 4,441.06 53,292.72 C 26.90 2,152.21 4,663.12 55,957.46 D 28.25 2,259.80 4,896.23 58,754.80 E 29.66 2,372.79 5,141.05 61,692.54 124 A 24.58 1,966.79 4,261.38 51,136.54 B 25.81 2,065.12 4,474.43 53,693.12 C 27.10 2,168.39 4,698.18 56,378.14 0 28.46 2,276.80 4,933.07 59,196.80 E 29.88 2,390.64 5,179.72 62,156.64 125 A 24.81 1,984.68 4,300.14 51,601.68 B 26.05 2,083.91 4,515.14 54,181.66 C 27.35 2,188.11 4,740.91 56,890.86 D 28.38 2,270.39 4,919.18 59,030.14 E 30.15 2,412.37 5,226.80 62,721.62 126 A 25.06 2,004.45 4,342.98 52,115.70 B 26.31 2,104.67 4,560.12 54,721.42 C 27.62 2,209.90 4,788.12 57,457.40 D 29.00 2,320.39 5,027.51 60,330.14 E 30.46 2,436.41 5,278.89 63,346.66 Page 11 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 127 A 25.25 2,020.11 4,376.91 52,522.86 B 26.51 2,121.13 4,595.78 55,149.38 C 27.84 2,227.18 4,825.56 57,906.68 D 29.23 2,338.53 5,066.82 60,801.78 E 30.69 2,455.47 5,320.19 63,842.22 128 A 25.50 2,039.95 4,419.89 53,038.70 B 26.77 2,141.94 4,640.87 55,690.44 C 28.11 2,249.04 4,872.92 58,475.04 D 29.52 2,361.49 5,116.56 61,398.74 E 30.99 2,479.57 5,372.40 64,468.82 129 A 25.73 2,058.60 4,460.30 53,523.60 B 27.02 2,161.53 4,683.32 56,199.78 C 28.37 2,269.62 4,917.51 59,010.12 D 29.79 2,383.10 5,163.38 61,960.60 E 31.28 2,502.24 5,421.52 65,058.24 130 A 25.95 2,076.29 4,498.63 53,983.54 B 27.25 2,180.12 4,723.59 56,683.12 C 28.61 2,289.12 4,959.76 59,517.12 D 30.04 2,403.58 5,207.76 62,493.08 E 31.55 2,523.75 5,468.13. 65,617.50 131 A 26.20 2,096.03 4,541.40 54,496.78 B 27.51 2,200.83 4,768.47 57,221.58 C 28.89 2,310.87 5,006.89 60,082.62 D 30.33 2,426.42 5,257.24 63,086.92 E 31.85 2,547.75 5,520.13 66,241.50 132 A 26.45 2,115.86 4,584.36 55,012.36 B 27.77 2,221.66 4,813.60 57,763.16 C 29.16 2,332.74 5,054.27 60,651.24 D 30.62 2,449.36 5,306.95 63,683.36 E 32.15 2,571.84 5,572.32 66,867.84 133 A 26.68 2,134.61 4,624.99 55,499.86 B 28.02 2,241.36 4,856.28 58,275.36 C 29.42 2,353.42 5,099.08 61,188.92 D 30.89 2,471.10 5,354.05 64,248.60 E 32.43 2,594.64 5,621.72 67,460.64 Page 12 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 134 A 26.95 2,156.28 4,671.94 56,063.28 B 28.30 2,264.10 4,905.55 58,866.60 C 29.72 2,377.30 5,150.82 61,809.80 D 31.20 2,496.17 5,408.37 64,900.42 E 32.76 2,620.99 5,678.81 68,145.74 135 A 27.16 2,173.18 4,708.56 56,502.68 B 28.52 2,281.83 4,943.97 59,327.58 C 29.95 2,395.93 5,191.18 62,294.18 D 31.45 2,515.71 5,450.71 65,408.46 E 33.02 2,641.52 5,723.29 68,679.52 136 A 27.43 2,194.77 4,755.34 57,064.02 B 28.81 2,304.50 4,993.08 59,917.00 C 30.25 2,419.74 5,242.77 62,913.24 D 31.76 2,540.71 5,504.87 66,058.46 E 33.35 2,667.75 5,780.13 69,361.50 137 A 27.69 2,215.48 4,800.21 57,602.48 B 29.08 2,326.26 5,040.23 60,482.76 C 30.53 2,442.55 5,292.19 63,506.30 D 32.06 2,564.68 5,556.81 66,681.68 E 33.66 2,692.91 5,834.64 70,015.66 138 A 27.94 2,235.37 4,843.30 58,119.62 B 29.34 2,347.11 5,085.41 61,024.86 C 30.81 2,464.49 5,339.73 64,076.74 D 32.35 2,587.71 5,606.71 67,280.46 E 33.96 2,717.09 5,887.03 70,644.34 139 A 28.22 2,257.97 4,892.27 58,707.22 B 29.64 2,370.86 5,136.86 61,642.36 C 31.12 2,489.40 5,393.70 64,724.40 D 32.67 2,613.87 5,663.39 67,960.62 E 34.31 2,744.57 5,946.57 71,358.82 140 A 28.48 2,278.74 4,937.27 59,247.24 B 29.91 2,392.68 5,184.14 62,209.68 C 31.40 2,512.30 5,443.32 65,319.80 D 32.97 2,637.91 5,715.47 68,585.66 E 34.62 2,769.81 6,001.26 72,015.06 Page 13 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 141 A 28.77 2,301.43 4,986.43 59,837.18 B 30.21 2,416.50 5,235.75 62,829.00 C 31.72 2,537.31 5,497.51 65,970.06 D 33.30 2,664.20 5,772.43 69,269.20 E 34.97 2,797.40 6,061.03 72,732.40 142 A 29.01 2,321.13 5,029.12 60,349.38 B 30.46 2,437.19 5,280.58 63,366.94 C 31.99 2,559.06 5,544.63 66,535.56 D 33.59 2,687.01 5,821.86 69,862.26 E 35.27 2,821.36 6,112.95 73,355.36 143 A 29.27 2,341.86 5,074.03 60,888.36 B 30.74 2,458.95 5,327.73 63,932.70 C 32.27 2,581.90 5,594.12 67,129.40 D 33.89 2,710.99 5,873.81 70,485.74 E 35.58 2,846.54 6,167.50 74,010.04 144 A 29.54 2,363.51 5,120.94 61,451.26 B 31.02 2,481.67 5,376.95 64,523.42 C 32.57 2,605.75 5,645.79 67,749.50 D 34.20 2,736.04 5,928.09 71,137.04 35.91 2,872.85 6,224.51 74,694.10 145 A 29.83 2,386.31 5,170.34 62,044.06 8 31.32 2,505.63 5,428.87 65,146.38 C 32.89 2,630.92 5,700.33 68,403.92 D 34.53 2,762.45 5,985.31 71,823.70 E 36.26 2,900.58 6,284.59 75,415.08 146 A 30.14 2,410.92 5,223.66 62,683.92 B 31.64 2,531.46 5,484.83 65,817.96 C 33.23 2,658.03 5,759.07 69,108.78 D 34.89 2,790.94 6,047.04 72,564.44 E 36.63 - 2,930.49 6,349.40 76,192.74 147 A 30.40 2,431.68 5,268.64 63,223.68 B 31.92 2,553.26 5,532.06 66,384.76 C 33.51 2,680.93 5,808.68 69,704.18 D 35.19 2,814.97 6,099.10 73,189.22 E 36.95 2,955.72 6,404.06 76,848.72 Page 14 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 148 A 30.68 2,454.33 5,317.72 63,812.58 B 32.21 2,577.05 5,583.61 67,003.30 C 33.82 2,705.89 5,862.76 70,353.14 D 35.51 2,841.18 6,155.89 73,870.68 E 37.29 2,983.25 6,463.71 77,564.50 149 A 30.98 2,478.15 5,369.33 64,431.90 B 32.53 2,602.06 5,637.80 67,653.56 C 34.15 2,732.16 5,919.68 71,036.16 D 35.86 2,868.77 6,215.67 74,588.02 E 37.65 3,012.20 6,526.43 78,317.20 150 A 31.26 2,500.73 5,418.25 65,018.98 B 32.82 2,625.77 5,689.17 68,270.02 C 34.46 2,757.04 5,973.59 71,683.04 D 36.19 2,894.91 6,272.31 75,267.66 E 38.00 3,039.63 6,585.87 79,030.38 151 A 31.51 2,520.46 5,461.00 65,531.96 B 33.08 2,646.46 5,734.00 68,807.96 C 34.74 2,778.80 6,020.73 72,248.80 D 36.47 2,917.73 6,321.75 75,860.98 E 38.30 3,063.62 6,637.84 79,654.12 152 A 31.83 2,546.09 5,516.53 66,198.34 B 33.42 2,673.40 5,792.37 69,508.40 C 35.09 2,807.05 6,081.94 72,983.30 D 36.84 2,947.41 6,386.06 76,632.66 E 38.68 3,094.77 6,705.34 80,464.02 153 A 32.13 2,570.79 5,570.05 66,840.54 B 33.74 2,699.33 5,848.55 70,182.58 C 35.43 2,834,30 6,140.98 73,691.80 D 37.20 2,976.01 6,448.02 77,376.26 E 39.06 3,124.80 6,770.40 81,244.80 154 A 32.43 2,594.50 5,621.42 67,457.00 B 34.05 2,724.22 5,902.48 70,829.72 C 35.76 2,860.44 6,197.62 74,371.44 D 37.54 3,003.45 6,507.48 78,089.70 E 39.42 3,153.62 6,832.84 81,994.12 Page 15 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 155 A 32.75 2,620.23 5,677.17 68,125.98 B 34.39 2,751.23 5,961.00 71,531.98 C 36.11 2,888.80 6,259.07 75,108.80 D 37.92 3,033.26 6,572.06 78,864.76 E 39.81 3,184.91 6,900.64 82,807.66 156 A 33.06 2,645.00 5,730.83 68,770.00 B 34.72 2,777.24 6,017.35 72,208.24 C 36.45 2,916.11 6,318.24 75,818.86 D 38.27 3,061.91 6,634.14 79,609.66 E 40.19 3,215.23 6,966.33 83,595.98 157 A 33.37 2,669.46 5,783.83 69,405.96 8 35.04 2,802.95 6,073.06 72,876.70 C 36.79 2,943.09 6,376.70 76,520.34 D 38.63 3,090.23 6,695.50 80,345.98 E 40.56 3,244.75 7,030.29 84,363.50 158 A 33.66 2,693.17 5,835.20 70,022.42 B 35.35 2,827.82 6,126.94 73,523.32 C 37.12 2,969.22 6,433.31 77,199.72 0 38.97 3,117.69 6,755.00 81,059.94 E 40.92 3,273.57 7,092.74 85,112.82 159 A 33.99 2,718.85 .5,890.84 70,690.10 B 35.69 2,854.80 6,185.40 74,224.80 C 37.47 - 2,997.54 6,494.67 77,936.04 D 39.34 3,147.40 6,819.37 81,832.40 E 41.31 3,304.80 7,160.40 85,924.80 160 A 21.28 1,702.78 3,689.36 44,272.28 B 22.35 1,787.92 3,873.83 46,485.92 C 23.47 1,877.32 4,067.53 48,810.32 D 24.64 1,971.19 4,270.91 51,250.94 E 25.87 2,069.75 4,484.46 53,813.50 161 A 34.64 2,771.14 6,004.14 72,049.64 B 36.37 2,909.70 6,304.35 75,652.20 C 38.19 3,055.17 6,619.54 79,434.42 D 40.10 3,207.94 6,950.54 83,406.44 E 42.10 3,368.33 7,298.05 87,576.58 Page 16 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 162 A 34.97 2,797.90 6,062.12 72,745.40 B 36.72 2,937.79 6,365.21 76,382.54 C 38.56 3,084.69 6,683.50 80,201.94 D 40.49 3,238.90 7,017.62 84,211.40 E 42.51 3,400.84 7,368.49 88,421.84 163 A 35.26 2,820.53 6,111.15 73,333.78 B 37.02 2,961.56 6,416.71 77,000.56 C 38.87 3,109.65 6,737.58 80,850.90 D 40.81 3,265.13 7,074.45 84,893.38 E 42.85 3,428.39 7,428.18 89,138.14 164 A 35.63 2,850.10 6,175.22 74,102.60 B 37.41 2,992.60 6,483.97 77,807.60 C 39.28 3,142.24 6,808.19 81,698.24 D 41.24 3,299.35 7,148.59 85,783.10 E 43.30 3,464.30 7,505.98 90,071.80 165 A 35.97 2,877.81 6,235.26 74,823.06 B 37.77 3,021.69 6,547.00 78,563.94 C 39.66 3,172.78 6,874.36 82,492.28 D 41.64 3,331.41 7,218.06 86,616.66 E 43.72 3,497.99 7,578.98 90,947.74 166 A 36.34 2,907.36 6,299.28 75,591.36 B 38.16 3,052.73 6,614.25 79,370.98 C 40.07 3,205.38 6,944.99 83,339.88 D 42.07 3,365.63 7,292.20 87,506.38 E 44.17 3,533.92 7,656.83 91,881.92 167 A 36.68 2,934.00 6,357.00 76,284.00 B 38.51 3,080.70 6,674.85 80,098.20 C 40.43 3,234.73 7,008.58 84,102.98 D 42.46 3,396.48 7,359.04 88,308.48 E 44.58 3,566.29 7,726.96 92,723.54 168 A 37.07 2,965.58 6,425.42 77,105.08 B 38.92 3,113.83 6,746.63 80,959.58 C 40.87 3,269.54 7,084.00 85,008.04 D 42.91 3,433.02 7,438.21 89,258.52 E 45.06 3,604.67 7,810.12 93,721.42 Page 17 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 169 A 37.42 2,993.32 6,485.53 77,826.32 B 39.29 3,142.99 6,809.81 81,717.74 41.25 3,300.12 7,150.26 85,803.12 D 43.31 3,465.15 7,507.83 90,093.90 E 45.48 3,638.40 7,883.20 94,598.40 170 A 37.77 3,021.83 6,547.30 78,567.58 B 39.66 3,172.93 6,874.68 82,496.18 C 41.64 3,331.58 7,218.42 86,621.08 D 43.73 3,498.15 7,579.33 90,951.90 E 45.91 3,673.06 7,958.30 95,499.56 171 A 38.20 3,056.34 6,622.07 79,464.84 B 40.11 3,209.15 6,953.16 83,437.90 C 42.12 3,369.60 7,300.80 87,609.60 D 44.23 3,538.10 7,665.88 91,990.60 E 46.44 3,715.00 8,049.17 96,590.00 172 A 38.56 3,085.07 6,684.32 80,211.82 8 40.49 3,239.33 7,018.55 84,222.58 C 42.52 3,401.30 7,369.48 88,433.80 D 44.64 3,571.35 7,737.93 92,855.10 E 46.87 3,749.93 8,124.85 97,498.18 173 A 38.96 3,116.59 6,752.61 81,031.34 B 40.91 3,272.42 7,090.24 85,082.92 C 42.95 3,436.05 7,444.78 89,337.30 D 45.10 3,607.83 7,816.97 93,803.58 E 47.35 3,788.23 8,207.83 98,493.98 174 A 39.34 3,147.13 6,818.78 81,825.38 B 41.31 3,304.49 7,159.73 85,916.74 C 43.37 3,469.72 7,517.73 90,212.72 D 45.54 3,643.20 7,893.60 94,723.20 E 47.82 3,825.37 8,288.30 99,459.62 175 A 39.72 3,177.78 6,885.19 82,622.28 B 41.71 3,336.67 7,229.45 86,753.42 C 43.79 3,503.48 7,590.87 91,090.48 D 45.98 3,678.69 7,970.50 95,645.94 E 48.28 3,862.59 8,368.95 100,427.34 Page 18 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 176 A 40.12 3,209.39 6,953.68 83,444.14 B 42.12 3,369.87 7,301.39 87,616.62 C 44.23 3,538.36 7,666.45 91,997.36 D 46.44 3,715.27 8,049.75 96,597.02 E 48.76 3,901.03 8,452.23 101,426.78 177 A 40.55 3,243.91 7,028.47 84,341.66 B 42.58 3,406.09 7,379.86 88,558.34 C 44.71 3,576.40 7,748.87 92,986.40 D 46.94 3,755.20 8,136.27 97,635.20 E 49.29 3,942.99 8,543.15 102,517.74 178 A 40.94 3,275.52 7,096.96 85,163.52 B 42.99 3,439.30 7,451.82 89,421.80 C 45.14 3,611.26 7,824.40 93,892.76 D 47.40 3,791.83 8,215.63 98,587.58 E 49.77 3,981.42 8,626.41 103,516.92 179 A 41.36 3,308.96 7,169.41 86,032.96 B 43.43 3,474.42 7,527.91 90,334.92 D 47.88 3,830.54 8,299.50 99,594.04 E 50.28 4,022.06 8,714.46 104,573.56 C 45.60 3,648.14 7,904.30 94,851.64 180 A 41.74 3,339.59 7,235.78 86,829.34 B 43.83 3,506.56 7,597.55 91,170.56 C 46.02 3,681.90 7,977.45 95,729.40 D 48.32 3,865.99 8,376.31 100,515.74 E 50.74 4,059.29 8,795.13 105,541.54 181 A 42.18 3,374.07 7,310.49 87,725.82 B 44.28 3,542.78 7,676.02 92,112.28 C 46.50 3,719.93 8,059.85 96,718.18 D 48.82 3,905.91 8,462.81 101,553.66 E 51.27 4,101.20 8,885.93 106,631.20 182 A 42.62 3,409.64 7,387.55 88,650.64 B 44.75 3,580.14 7,756.97 93,083.64 C 46.99 3,759.13 8,144.78 97,737.38 D 49.34 3,947.09 8,552.03 102,624.34 E 51.81 4,144.44 8,979.62 107,755.44 Page 19 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 183 A 43.03 3,442.26 7,458.23 89,498.76 B 45.18 3,614.39 7,831.18 93,974.14 C 47.44 3,795.10 8,222.72 98,672.60 D 49.81 3,984.86 8,633.86 103,606.36 E 52.30 4,184.09 9,065.53 108,786.34 184 A 43.47 3,477.70 7,535.02 90,420.20 B 45.64 3,651.58 7,911.76 94,941.08 C 47.93 3,834.16 8,307.35 99,688.16 D 50.32 4,025.89 8,722.76 104,673.14 E 52.84 4,227.17 9,158.87 109,906.42 185 A 43.90 3,512.30 7,609.98 91,319.80 B 46.10 3,687.93 7,990.52 95,886.18 C 48.40 3,872.34 8,390.07 100,680.84 D 50.82 4,065.94 8,809.54 105,714.44 E 53.37 4,269.25 9,250.04 111,000.50 186 A 44.37 3,549.80 7,691.23 92,294.80 B 46.59 3,727.29 8,075.80 96,909.54 C 48.92 3,913.66 8,479.60 101,755.16 D 51.37 4,109.35 8,903.59 106,843.10 E 53.93 4,314.79 9,348.71 112,184.54 187 A 44.78 3,582.43 7,761.93 93,143.18 B 47.02 3,761.55 8,150.03 97,800.30 C 49.37 3,949.62 8,557.51 102,690.12 D 51.84 4,147.11 8,985.41 107,824.86 E 54.43 4,354.45 .9,434.64 113,215.70 188 A 45.24 3,618.83 7,840.80 94,089.58 B 47.50 3,799.79 8,232.88 98,794.54 C 49.87 3,989.77 8,644.50 103,734.02 D 52.37 4,189.25 9,076.71 108,920.50 E 54.98 4,398.73 9,530.58 114,366.98 189 A 45.72 3,657.39 7,924.35 95,092.14 B 48.00 3,840.26 8,320.56 99,846.76 C 50.40 4,032.27 8,736.59 104,839.02 D 52.92 4,233.89 9,173.43 110,081.14 E 55.57 4,445.57 9,632.07 115,584.82 Page 20 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 190 A 46.14 3,690.96 7,997.08 95,964.96 B 48.44 3,875.51 8,396.94 100,763.26 C 50.87 4,069.27 8,816.75 105,801.02 53.41 4,272.73 9,257.58 111,090.98 E 56.08 4,486.39 9,720.51 116,646.14 191 A 46.59 3,727.47 8,076.19 96,914.22 8 48.92 3,913.82 8,479.94 101,759.32 C 51.37 4,109.51 8,903.94 106,847.26 53.94 4,315.00 9,349.17 112,190.00 E 56.63 4,530.74 9,816.60 117,799.24 192 A 47.08 3,766.01 8,159.69 97,916.26 B 49.43 3,954.30 8,567.65 102,811.80 C 51.90 4,152.02 8,996.04 107,952.52 54.50 4,359.63 9,445.87 113,350.38 E 57.22 4,577.60 9,918.13 119,017.60 193 A 47.56 3,804.48 8,243.04 98,916.48 6 49.93 3,994.71 8,655.21 103,862.46 C 52.43 4,194.45 9,087.98 109,055.70 55.05 4,404.18 9,542.39 114,508.68 E 57.80 4,624.37 10,019.47 120,233.62 194 A 48.04 3,842.91 8,326.31 99,915.66 13 50.44 4,035.07 8,742.65 104,911.82 C 52.96 4,236.82 9,179.78 110,157.32 55.61 4,448.65 9,638.74 115,664.90 E 58.39 4,671.08 10,120.67 121,448.08 195 A 48.49 3,879.40 8,405.37 100,864.40 6 50.92 4,073.36 8,825.61 105,907.36 C 53.46 4,277.05 9,266.94 111,203.30 56.14 4,490.89 9,730.26 116,763.14 E 58.94 4,715.44 10,216.79 122,601.44 196 A 48.97 3,917.88 8,488.74 101,864.88 $ 51.42 4,113.77 8,913.17 106,958.02 C 53.99 4,319.47 9,358.85 112,306.22 56.69 4,535.44 9,826.79 117,921.44 E 59.53 4,762.22 10,318.14 123,817.72 Page 21 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL. 197 A 49.48 3,958.50 8,576.75 102,921.00 B 51.96 4,156.42 9,005.58 108,066.92 C 54.55 4,364.25 9,455.88 113,470.50 D 57.28 4,582.44 9,928.62 119,143.44 E 60.14 4,811.56 10,425.05 125,100.56 198 A 49.95 3,995.94 8,657.87 103,894.44 B 52.45 4,195.72 9,090.73 109,088.72 C 55.07 4,405.52 9,545.29 114,543.52 D 57.82 4,625.79 10,022.55 120,270.54 E 60.71 4,857.08 10,523.67 126,284.08 199 A 50.47 4,037.34 8,747.57 104,970.84 B 52.99 4,239.20 9,184.93 110,219.20 C 55.64 4,451.17 9,644.20 115,730.42 D 58.42 4,673.72 10,126.39 121,516.72 E 61.34 4,907.40 10,632.70 127,592.40 200 A 50.97 4,077.83 8,835.30 106,023.58 B 53.52 4,281.73 9,277.08 111,324.98 C 56.20 4,495.82 9,740.94 116,891.32 D 59.01 4,720.60 10,227.97 122,735.60 E 61.96 4,956.63 10,739.37 128,872.38 201 A 51.49 4,119.19 8,924.91 107,098.94 B 54.06 4,325.13 9,371.12 112,453.38 C 56.77 4,541.39 9,839.68 118,076.14 D 59.61 4,768.47 10,331.69 123,980.22 E 62.59 5,006.88 10,848.24 130,178.88 202 A 52.02 4,161.60 9,016.80 108,201.60 B 54.62 4,369.68 9,467.64 113,611.68 C 57.35 4,588.17 9,941.04 119,292.42 D 60.22 4,817.57 10,438.07 125,256.82 E 63.23 5,058.46 10,960.00 131,519.96 203 A 52.49 4,199.27 9,098.42 109,181.02 B 55.12 4,409.23 9,553.33 114,639.98 C 57.87 4,629.70 10,031.02 120,372.20 D 60.76 4,861.19 10,532.58 126,390.94 E 63.80 5,104.24 11,059.19 132,710.24 Page 22 of 23 EXHIBIT "A" CITY OF NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION SALARY SCHEDULE Fiscal Year 2014-2015 RANGE STEP HOURLY BIWEEKLY MONTHLY ANNUAL 204 A 53.03 4,242.64 9,192.39 110,308.64 B 55.68 4,454.77 9,652.00 115,824.02 C 58.47 4,677.50 10,134.58 121,615.00 D 61.39 4,911.38 10,641.32 127, 695.88 E 64.46 5,156.95 11,173.39 134, 080.70 205 A 53.58 4,286.04 9,286.42 111,437.04 B 56.25 4,500.34 9,750.74 117,008.84 C 59.07 4,725.36 10,238.28 122,859.36 D 62.02 4,961.65 10,750.24 129,002.90 E 65.12 5,209.71 11,287.71 135,452.46 206 A 54.11 4,328.47 9,378.35, 112,540.22 B 56.81 4,544.89 9,847.26 118,167.14 C 59.65 4,772.14 10,339.64 124,075.64 D 62.63 5,010.75 10,856.63 130,279.50 E 65.77 5,261.28 11,399.44 136, 793.28 207 A 54.66 4,372.82 9,474.44 113,693.32 B 57.39 4,591.44 9,948.12 119,377.44 C 60.26 4,821.03 10,445.57 125,346.78 D 63.28 5,062.07 10,967.82 131,613.82 E 66.44 5,315.18 11,516.22 138,194.68 208 A 55.23 4,418.15 9,572.66 114,871.90 B 57.99 4,639.07 10,051.32 120,615.82 C 60.89 4,871.01 10,553.86 126,646.26 D 63.93 5,114.56 11,081.55 132,978.56 E 67.13 5,370.29 11,635.63 139,627.54 Page 23 of 23 EXHIBIT "A" CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO.110 ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Part -Time and Seasonal employee group for fiscal year 2014-2015 in compliance with the requirement of the California Public Employees' Retirement System (CalPERS) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2014- 2015 salary schedule for classifications within the Part -Time and Seasonal employee group. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS There is no fiscal impact associated with this action. Personnel costs for Part -Time and Seasonal employee group are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Part -Time and Seasonal Employee Salary Schedule RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE PART-TIME AND SEASONAL EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2014-2015 Salary Schedule for the Part -Time and Seasonal Employee Group, attached hereto as Exhibit "A". PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney City of National City Human Resources Department PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2014-2015 Aquatics Manager pt086 Exhibit A $12.04 - $14.64 Cashier pt039 $8.05 - $9.80 Dishwasher pt039 $8.05 - $9.80 Equipment Service Trainee pt057 $9.37 - $11.39 Food Services Worker pt053 $9.03 - $10.98 Home Delivered Meals Driver pt059 $9.52 - $11.58 Kitchen Aide pt039 $8.05 - $9.80 Librarian pt160 $23.87 - $29.01 Library Assistant pt099 $13.92 - $16.92 Library Clerk (Grant Funded) pt066 $10.11 - $12.30 Library Technician pt124 $17.27 - $20.99 Lifeguard/Swim Instructor pt064 $9.94 - $12.09 Management Intern (Graduate) N/A $16.00 Management Intern (Undergraduate) N/A $13.00 Office Aide pt065 $10.03 - $12.19 Police Cadet pt047 $8.59 - $10.44 Police Dispatcher pt149 $21.61 - $26.26 Police Records Clerk pt099 $13.92 - $16.92 Page 1 of 2 City of National City Human Resources Department PART-TIME and SEASONAL EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2014-2015 Property & Evidence Specialist I pt132 Exhibit A $18.50 — $22.49 Recreation Aide pt039 $8.05 — $9.80 Recreation Leader 1 pt042 $8.27 — $10.05 Recreation Leader II pt054 $9.10 — $11.07 Recreation Leader III pt064 $9.94 — $12.09 Recreation Specialist pt059 $9.52 — $11.58 Seasonal Park Aide pt080 $11.42 — $13.88 Senior Library Technician pt129 $18.07 — $21.97 Senior Lifeguard pt075 $10.93 — $13.28 Stock Clerk/Storekeeper pt059 $9.52' — $11.58 Student Worker pt047 $8.59 — $10.44 Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a fourth amendment to the agreement between the City of National City and Claims Management Associates (CMA) Inc., to increase the total agreement by a not to exceed amount of $5,000 for work related to the City's Workers' Compensation program. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: Under the terms of the current City Council authorized agreement, CMA provides CMA risk services including liability claims adjusting and risk management services at a cost of $4,965 per month. CMA has agreed to expand the current scope of work to include a special project at the request of staff. The scope of work (attached) is intended to provide an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees. FINANCIAL STATEMENT: APPROVED: `7il�,r,,4 Re-" Finance ACCOUNT NO. 627-417-081-213-0000 ENVIRONMENTAL REVIEW: APPROVED: MIS This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution for a third extension to the agreement with Claims Management Associates for liability claims adjusting and risk management work. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: .mendment to agreement between the City of National City and CMA Scope of Work Council Resolution FOURTH AMENDMENT TO THE AGREEMENT BY AM) BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. This Fourth Amendment to the Agreement by and between the City of National City and Claims Management Associates, Inc. is entered into this 8th day of June, 2014, by and between the City of National City and Claims Management Associates, Inc. [Amendment]. RECITALS WHEREAS, the City of National City [City] and Claims Management Associates [CMA], Inc. previously entered into the agreement entitled Agreement by and between the City of National City and Claims Management Associates, Inc. [Agreement], dated September 7, 2010 for liability claims adjusting and risk management services to the City; WHERAS, a Third Amendment was executed on October 1, 2013 for the period September 7, 2013 through September 6, 2014 WHEREAS, the City now seeks to expand the scope of services of the current agreement to include the development of a Return to Work Program (scope attached). WHEREAS, THE City now seeks to increase the compensation based on the expanded scope by an amount not to exceed $5,000. AGREEMENT NOW THEREFORE, the City and CMA agree as follows: 1. This Amendment increases the not to exceed compensation for the one year for the time period September 7, 2013 through September 6, 2014 by an amount not to exceed $5,000. 2. This amendment revises the scope of work to include the development of a Return to Work Program. 3. The parties agree that each and every term of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Fourth Amendment on the date and year first written above. CITY OF NATIONAL CITY INC. By: Ron Morrison, Mayor Approved as to form: Claudia Silva City Attorney CLAIMS MANAGEMENT ASSOCIATES, By: Q‘fliA Edward Garbo, President C1 C..�G." 6-et. vs- c:-//6/%,6)(Print)By. Edward Garbo, Secretary Got. rr a (Print) Workers' Compensation Risk Management Services Scope of Work January 2014 CMA Scope of ol'k Provide an analysis of the City of National City Workers' Compensation Program to: Provide an in depth cost analysis ➢ Improve the efficiency for management, supervisors, and employees ➢ Ensure federal and state compliance Scope to include: ➢ Meet with management to provide departmental analysis of their workers' compensation program costs ➢ Create a return to work policy and implement City-wide ➢ Create a letter for workers' compensation physicians and return -to -work form ➢ Create an injury and illness city-wide manual which includes a. Updated instructions and forms (and electronic finable forms) for supervisors and employees b. Instructions for injuries with and without medical treatment c. Instructions for vehicle accidents with and without medical treatment d. Hazardous Materials instructions e. Blood borne pathogens exposure instructions ➢ Training for supervisors and employees utilizing new protocols and forms Timeline Cost January 2014 - June 2014 -blotto Exceed RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATE, INC., IN THE AMOUNT OF $5,000 FOR WORK RELATED TO THE CITY'S WORKERS' COMPENSATION PROGRAM WHEREAS, on September 7, 2010, the City Council adopted Resolution No. 2010-205, authorizing a one-year Agreement with Claims Management Associates, Inc., ("CMA") in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City; and WHEREAS, on September 27, 2011, the City Council adopted Resolution No. 2011-127, approving the First Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on August 22, 2012, the City Council adopted Resolution No. 2012- 179, approving the Second Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on October 1, 2012, the City Council adopted Resolution No. 2013- 144, approving the Third Amendment to the Agreement to extend the Agreement for an additional one-year term under the same terms and conditions, expiring September 6, 2014; and WHEREAS, the City desires to increase the scope of services to include an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees for the not to exceed amount of $5,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., to amend the scope of services to include an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees for the not to exceed amount of $5,000. Said Fourth Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of June, 2014. 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 EETING DATE: June 17, 2014 AGENDA ITEM NO. 12 ITEM TITLE: !Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with the City of Chula Vista for a total not to exceed amount of $440,630 to provide general animal control, shelter, and related administrative services to the residents of National City for an additional one (1) year term through Fiscal Year 2014-2015, an increase of $103.191.I PREPARED BY: Manuel Rodriguez, Chief of Police DEPARTMENT: P011�//� PHONE: 336-4511; APPROVED BY: EXPLANATION: On April 6, 2010, the City Council adopted Resolution No. 2010-54, approving an Agreement with the City of Chula Vista to provide general animal control, shelter and related administrative services for the City of National City. The Agreement included an option to extend the Agreement for four (4) additional one-year terms. This resolution is for the Fourth Amendment to the Agreement to extend the services provided by the City of Chula Vista through Fiscal Year 2014 — 2015. National City increased the number of animal intakes over 4% in 2013/2014. This has resulted in an increase of $103,191. This amount has been budgeted in the 2014/2015 budget. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 001-411-000-261-0000 APPROVED: !The cost of this agreement not to exceed $440,630 ENVIRONMENTAL REVIEW: IN/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: !Adopt Resolution! BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: (Letter From Chula Vista Fourth Amendment to the Agreement CITY OF :HULA VISTA Office of the City Manager 21 Pfi f ,,1TYOFt. May 19, 2014 Leslie Deese, City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Ms. Deese: f• The City of Chula Vista and the City of National City entered into a contract for Animal Care Services on April 16, 2010 for one year, with four additional one-year options to extend the contract. 1 v , For calendar year 2013, the Chula Vista Animal Care Facility took in 6,792 animals. Of these, 1,429 (21.039%) were from the City of National City. The percentage for the City of National City for the previous year was 17.230%. The City of Chula Vista is proposing to extend this contract for one year to provide kenneling services to the City of National City. The proposal for these services for FY 14/15 is $440,630 or $36,719.13 monthly. Please respond to the City of Chula Vista no later than May 30, 2014 indicating if the City of National City accepts this proposal. Sincerely, Kelley Bacon Deputy City Manager Attachment: 1 276 Fourth Avenue, Chula Vista, CA 91910 I www.chulavistaca.gov I (619) 691-5031 I fax (619) 409-5884 Direct Costs - Animal Adoption Counselor (6001) Animal Care Supervisor (6001) Animal Care Assistant (6001) Sr Office Specialist Animal Care Facility Administrator (6001) Animal Control Officer (6001) Animal Control Officer Supervisor (6001) Office Specialist (6001) Fisal Office Specialist (6001) Registered Vet Tech (6001) Sr Animal Care Assistant (6001) Veterinarian (6001) hourly Wages (60051 Total Salarles & Wages Total Ciyettime __ :Total ;Benefits - Other Professional Services (6301)- Cellular Phone Service (6506) Printing and Binding (6531) Postage (6533) Travel/Conf/Mtgs Out Co. (6541) Membership/Dues (6542) Transportation Reimb In Co. (6551) Phone Service (6571) Gas and Electric (6572) Water (6574) Repair & Maint of Equipment (6601) Fleet Maint Charges (6641) Office Supplies (6801) Janitorial Supplies (6811) Medical & Lab Supplies (6833) Book, Publications, Maps (6846) Animal & Adoption Supplies (6858) Wearing Apparel (6881) Food Products (6882) Mails to Main-Bldgs & Grounds (6911) Credit Card Trans Fee (7021) Cash Shortage (7104) Equipment > $10,000 (7401) Total _Supplies &,, Servlc_es TOTAL BUDGET CWOH @ 22.1% of Salaries and Wages TOTAL CHARGEABLE COSTS National City FTE 2014 Budget Cost Applied 1.00 $ 50,916 $ 50,916 1.00 $ 58,462 $ 56,462 5.00 $ 206,263 $ 206,263 1.00 $ 46,082 $ 46,082 1.00 $ 124,081 $ 124,081 3.00 $ 153,699 $ 153,699 1.00 $ 56,112 $ 56,112 0.50 $ 20,946 $ 20,946 1.00 $ 43,987 $ 43,987 3.50 $ 174,494 $ 174,494 2.00 $ 98,196 $ 98,196 1.00 $ 128,473 $ 86,605 $ 170,292 $ 108,026 21;00 $ 1,330,003 $'1,22.0,869 6292b 62,126_- $ 762,933 $ 198,425 $ 192,425 $ 2,800 $ 2,800 $ 6,000 $ 6,000 $ 1,600 $ 1,600 $ 750 $ - $ 120 $ - $ 500 $ 500 $ 7,000 $ 7,000 $ 31,946 $ 31,946 $ 2,100 $ 2,100 $ 2,314 $ 2,314 $ 36,430 $ 36,430 $ 12,000 $ 12,000 $ 14,500 $ 14,500 $ 202,864 $ 179,714 $ 813 $ 813 $ 27,350 $ 27,350 $ 5,572 $ 5,572 $ 44,000 $ 44,000 $ 5,517 $ 5,517 $ 4,500 $ 4,500 $ $ $ 6,282 $ 6,282 $ "':613,383 _$ ::::i683,363. S 2,748,444 $ 2,594,574 % Kennel 100% % Control Total Kennel 100% $50,916 100% $56,462 100% $206,263 90% $0 100% 100% 100% 100% 100% 100% 100% 100% 0% 100% 0% 100% 0% 0% 90% 90% 10% 0%e 100% 0% 100% 100% 0% 90% 10% 100% 0% 100% 0% 100% 0% 90% 10% ;77Ph :•23% 90% 77% 23% 100% 0% 0% 100% 80% 20% 80% 20% 100% 0% 100% 0% 100% 0% 100% 0% 100% 0% 100% 90% 10% 100% 0% 100% 0% 50% 50% 100% 0% 50% 50% 100% 0% 100% 0% 100% 0% SUMMARY Kennel @ 21,039% (proportioned based on percentage of animals taken in) Less: Revenue Offset Total Annual Contract Cost 91% '9% $111,673 $0 $0 $20,946 $39,588 $174,494 $98,196 $86,605 100% $97,223 $63,648? 100% $192,425 100% •100% 100% 0% 0% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 0% $0 $4,800 $1,280 $0 $0 $500 $7,000 $31,946 $2,100 $2,314 $0 $10,800 $14,500 $179,714 $407 $27,350 $2,786 $44,000 $5,517 $4,500 $0 0% $0 100% $?:-=531,939 $ 2,043,166 , $ 208,263 r/ ::$:� `. Z281,429.. $473,688 $33,059 $440,630 IFY2015 Monthly Base Rate for National City: $36,719,13 Note: 8153, 000 was removed in FY15 due to reimbursment for County Spay & Neuter Clinics. es it is reimbursed by the County for spay and neuter clinics and Spay Shuttle services. National City Ditect.Costs _ Animal Adoption Counselor (6001) Animal Care Supervisor (6001) Animal Care Assistant (6001) Sr Office Specialist Animal Care Facility Administrator (6001 Animal Control Officer (6001) Animal Control Officer Supervisor (6001: Office Specialist (6001) Elsa! Office Specialist (6001) Registered Vet Tech (6001) Sr Animal Care Assistant (8001) Veterinarian (6001) Hourly Wages (O(?5) Total &Wages Total,Qverllme:_:_ TotaBeneflts _ ;T - Other Professional Services (6301) Cellular Phone Service (6506) Printing and Binding (6531) Postage (6533) Travel/ConflMtgs Out Co. (6541) MembershIp/Dues (6542) Transportation Reimb In Co, (6551) Phone Service (6571) Gas and Electric (6572) Water (6574) Repair & Maint of Equipment (68801) Fleet Malnt Charges (6641) Office Supplies (6801) Janitorial Supplies (6811) Medical & Lab Supplies (6833) Book, Publications, Maps (6846) Animal & Adoption Supplies (6858) Wearing Apparel (6881) Food Products (6882) Malls to Main-Bldgs & Grounds (6911) Credit Card Trans Fee (7021) Cash Shortage (7104) Equipment > $10,000 (7401) Tota! Supplies &_Seruices • TOTAL BUDGET CWOH @ 22.1 % of Salaries and Wages TOTAL CHARGEABLE COSTS Kennel and Control Cost Breakdown FTE 2014 Budget County CostApplle 1.00 $ 60,916 $ 50,91 1.00 $ 68,462 $ 56,48 5.00 $ 206,283 $ 206,26 1.00 $ 46,082 $ 46,08 1.00 $ 124,081 $ 124,08 3.00 $ 153,699 $ 153,69 1.00 $ 56,112 $ 56,11 0.50 $ 20,946 5 20,94 1.00 $ 43,987 $ 43,98 3.50 $ 174,494 $ 174,49 2.00 $ 98,196 S 98,19 1.00 $ 128,473 S 41,868 $ 86,60 $ 170,292 5 62,266 $ 108,02 2100 $ 1,330,003 $ 104,134 $ 1;226,869 $ i 52,126 $ 1 _' S2,1?6 s 752,933 $_ -, : 18 716 5... 733,217. $ 198,425 $ 8,000 $ 192,425 $ 2,800 $ 2,800 $ 6,000 $ 0,000 $ 1,600 $ 1,600 $ 750 $ - $ 120 $ $ 50D $ 500 $ 7,000 $ 7,000 $ 31,946 $ 31,948 $ 2,100 $ 2,100 $ 2,314 $ 2,314 $ 36,430 $ 36,430 $ 12.000 $ 12,000 $ 14,500 $ 14,500 $ 202,864 $ 23,150 $ 170,714 $ 813 $ 813 $ 27,350 $ 27,350 $ 5,572 $ 5,572 $ 44,000 $ 44,000 $ 5,517 $ 5,517 $ 4,500 $ 4,500 $ - $ $ 6,282 $ 6,282 $ <_ .. '613,363 $ `:':29,160 .$ ' 583,363 153,000 $ 2,594,574 • $ 2,748,444 $ % Kennel 6 100% 2 1 9 2 6 7 4 8 6 0% 2 100% 0% 3 100% 0% 0% 90% 90% 10% 0°% 100% 0% 100% 100% 0% 90% 10% 100% 0% 100% 0% 100% 0% 9D% 10% 77% -i,23% :10% _, : 90% :-77% __ -t 23% 100% 0% 0% 100% 80% 20% 80% 20% 100% 0% 100% 0% 100% • 0% 100% 0% 100% 0% 100% 90% 10% 100% 0% 100% 0% 50% 50% 100% 0% 50% 50% 100% 0°% 100% 0% 100% 0°% :,,91% ,. 9% Note; $163,000 was removed in FY15 due to reimbursment for County Spay 8 Neuter Clrnics. as it is reimbursed by the County for spay and neuter clinics and Spay Shuttle services. K & C Cosa Oelail % Control Total 100% 100% 100% 90% 100% 100% 100% 100% 100% 100% 100% 100% 100% Kennel Control $50,918 $0 $56,462 $0 $206,263 $0 $0 $46,082 $111,673 $12,408 $0 $153,699 $0 $58,112 $20,946 $0 $39.588 $4,399 $174,494 $0 $98,196 $0 $86,605 $0 $97,223 510,803 190% '5; 942,387 $ 's280,602 100% $ 5,213 $ '?_46,913 100% -$_' .863 648.- 3 - 169,589 100% $192,425 $0 100% SO $2,800. 100% $4,800 $1,200 100% $1,280 $320 0% SO $0 0% $0 $0 100% $500 $0 100% $7,000 $0 100% $31,946 $0 100% $2,100 $0 100% $2,314 $0 100% $0 $36,430 100% $10,800 $1,200 100% $14,500 $0 100% $179,714 $0 100% $407 $407 100% $27,350 $0 10D% 52,786 $2,786 100% $44,000 S0 100% $5,517 $0 f00% $4,500 $0 0% $0 $0 0% $0 $6,282 f00%"$ 631,939. -$ . 61,425 S 2,043,166 $ 551408 S 208,263 $ 62,654 $"f<2,251.429 '.S ';614,062: City Chula Vista/Other National City Imperial Beach Lemon Grove Total Animals Taken In 4,503 1,429 482 378 6,792 Summary of Cost ......... Agency Share % of Total' Kennel Cost of Kennel Cost 66.299% $ $ 1,492,666 21.039% $ $ 473,688 7.097% $ $ 159,775 5.565% $ $ 125,300 100.00% $ 2,251,429 2,251,429 2,251,429 2,251,429 2,251.429 Revenue Offset 157,128 157,128 157,128 157,128 % of Total 66.299% 21.039% 7.097% 5.565% 100.00% Agency Share of Revenue Offset 164,174 33,059 11,151 8,745 157,128 Net Kennel Cost 1,388,492 440,630 148,624 116,556 2,094,301 ANIMAL SHELTER FY2015 CONTROL COSTS Agency Share City Control Cost # of FTEs of Control Cost Chula Vista/Other $ 614,662 . 3.500 $ 449,010 National City $ 614,062 0.000 Imperial Beach $ 614,062 0.800 Lemon Grove • $ 614,062 0.800 Total 5.100 82,526 2 82,526 3 614,062 TOTL ANIMAL SHELTER FY2015 COSTS City Kennel Control Chula Vista/Other National City Imperial Beach Lemon Grove Total $ 1,3/38,492 $ 449,010 440,630 $ 148,624 $ 82,526 116,556 $ 82,526 2,094,301 $ 614,062 Annual Total $ 1,837,502 440,630 231,150 199,082 $ 2,708,363 Monthly Total $ 153,125 36,719 19.263 16,590 225,697 'Based on calendar year 2013 ratio 2 Salary, citywide overhead, benefits, supplies/services for 1.0 FTE 3 Salary, citywide overhead, benefits, supplies/services for 0.8 FTE K& C Costs Summary FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA TO PROVIDE GENERAL ANIMAL CARE SERVICES TO THE CITY OF NATIONAL CITY This Fourth Amendment to the Agreement is entered into this 1st day of July 2014, by and between the City of Chula Vista, a chartered municipal corporation of the State of California, and the City of National City, a municipal corporation of the State of California ("National City"). The City of Chula Vista and the City of National City may be referred to collectively as "Parties." RECITALS A. The Parties entered into an Agreement on April 6, 2010 (the "Agreement"), wherein the City of Chula Vista agreed to provide animal shelter and control services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals for the not to exceed amount of $377,730.00 for Fiscal Year 2010-2011. B. The Agreement allows the Parties to extend the Agreement for up to four (4) additional one (I) year terms. C. The First Amendment to the Agreement extended the term from April 6, 2011 through June 30, 2012, for the not -to -exceed amount of $317,733, and the Second Amendment to the Agreement extended the term from July 1, 2012 through June 30, 2013, in the not to exceed amount of $326,927. The Third Amendment to the Agreement extended the term from July 1, 2013 through June 30, 2014, in the not to exceed amount of $337,439. D. The Parties now desire to amend the Agreement to extend the term of the Agreement for an additional year, through Fiscal Year 2014-2015, beginning July 1, 2014 and ending June 30, 2015, for a total not -to -exceed amount of $440,630. NOW, THEREFORE, the Parties agree that the Agreement entered into on the 6th day of April, 2010, shall be amended to extend the term through Fiscal Year 2014 - 2015, beginning July 1, 2014 and ending June 30, 2015, for the total not -to -exceed amount of $440,630. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 6, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CITY OF CHULA VISTA By: By: Ron Morrison, Mayor Cheryl Cox, Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Claudia G. Silva City Attorney Glen Googins City Attorney RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE NOT TO EXCEED AMOUNT OF $440,630 TO PROVIDE GENERAL ANIMAL CONTROL, SHELTER, AND RELATED ADMINISTRATIVE SERVICES TO THE CITY OF NATIONAL CITY FOR ONE ADDITIONAL ONE YEAR TERM THROUGH FISCAL YEAR 2014-2015, AN INCREASE OF $103,191 WHEREAS, on April 6, 2010, the City Council adopted Resolution No. 2010-54, entering into an agreement with the City of Chula Vista ("Chula Vista") whereby Chula Vista will provide animal shelter and control services for the impounding, adoption, redemption, and care and disposition of dogs, cats, and other small animals for the not to exceed amount of $377,730 for fiscal year 2009/2010, with options to extend for four (4) additional one (1) year terms; and WHEREAS, on April 19, 2011, the City Council adopted Resolution No. 2011-89, approving the First Amendment to the Agreement to extend the term of the Agreement to June 30, 2012, for the total not to exceed amount of $317,733; and WHEREAS, on July 3, 2012, the City Council adopted Resolution No. 2012-141, approving the Second Amendment to the Agreement to extend the Agreement from July 1, 2012 through June 30, 2013, for the total not to exceed amount of $326,927; and WHEREAS, on June 4, 2013, the City Council adopted Resolution No. 2013-78, approving the Third Amendment to the Agreement to extend the Agreement from July 1, 2013 through June 30, 2014, for the total not to exceed amount of $337,439; and WHEREAS, the City of National City and the City of Chula Vista desire to enter into a Fourth Amendment to the Agreement to extend the services provided by the City of Chula Vista through Fiscal Year 2014-2015, beginning July 1, 2014 and ending June 30, 2015, for the total not to exceed amount of $440,630, an increase of $103,191. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement with the City of Chula Vista for general animal control, shelter, and related administrative services for National City for one additional one-year term through fiscal year 2014-2015 for a total not to exceed Agreement amount of $440,630, an increase of $103,191. Said Fourth Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO. 13 ITEM TITLE: (Resolution of the City Council of the City of National City approving and authorizing the Mayor to execute County Contract 547767, any subsequent amendments, between the County of San Diego and the City of National City totaling $1,204,968 for the Nutrition Center Program l PREPARED BY: Ingrid Slettengren, PHONE: 1336-67511 g ent EXPLANATION: The Nutrition Center has been contracting with the County of San Diego since 1979 to provide dining room meal service, home delivery meal service and transportation to senior citizens 60 years and older. This is a new contract for the period July 01, 2014 — June 30, 2015 with the option to extend the Agreement for 3 increments beyond the initial one year period for a total of 3 years not to exceed June 30, 2018. The County agrees to pay the Contractor (City of National City) $301,242 for the initial term of the Agreement and $301,242 for each of the 3 one year option periods for a maximum Agreement amount of $1,204,968. DEPARTMENT: Housing, Grants and Asset APPRO The proposed new contract for FY 2014-15 is decreased by 4% from fiscal year 2013-14. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: The City will receive an estimated $301,242 from the County of San Diego for FY 2014-15. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: County Contracts COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM This Agreement ("Agreement") is made and entered into on the date shown on the signature page ("Effective Date") by and between the County of San Diego, a political subdivision of the State of California ("County") and Contractor, City of National City, located at 1243 National City Blvd., National City CA 91950, (" Contractor"), with reference to the following facts: RECITALS A. The County, by action of the Board of Supervisors Minute Order No. 08, June 18, 2013 authorized the Director of Purchasing and Contracting], to award a Contract for Senior Nutrition. B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these services. C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and efficiently than the County, pursuant to Section 703.10 of the County Charter. D. The Agreement shall consist of this document, Exhibit A Statement of Work, Exhibit B Insurance Requirements and Exhibit C, Payment Schedule. In the event that any provision of the Agreement or its Exhibits, A, B or C, conflicts with any other term or condition, precedence shall be: First (1st) the Agreement; Second (2nd) Exhibit 13; Third (3rd) Exhibit A; and Fourth (4th) Exhibit C. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 PERFORMANCE OF WORK 1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Agreement. 1.2 Contractor's Representative. The person identified on the signature page ("Contractor's Representative") shall ensure that Contractor's duties under this Agreement shall be performed on behalf of the Contractor by qualified personnel; Contractor represents and warrants that (1) Contractor has fulfilled all applicable requirements of the laws of the State of California to perform the services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor hereunder. Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to this Agreement are unique: accordingly, Contractor's Representative shall not be changed during the Term of the Agreement without County's written consent. County reserves the right to terminate this Agreement pursuant to Clause 7.1 "Termination for Default", if Contractor's Representative should leave Contractor's employ, or if, in County's judgment, the work hereunder is not being performed by Contractor's Representative. 1.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent Contractor, and neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County. Contractor shall perform its obligations under this Agreement according to the Contractor's own means and methods of work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or subcontractors shall be entitled to any benefits to which County employees itre entitled, including without limitation, overtime, retirement benefits, workers' compensation benefits and injury leave. 1.4 Contractor's Agents and Employees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents, employees and subcontractors required for Contractor to perform its duties under this Agreement, and all such services shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any such claim. Any subcontract or consultant agreement, which is in excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of the contract, whichever is less, or a combination of subcontracts or consultant agreements to the same individual or firm for the Agreement period, or any subcontract or consultant agreement for professional medical or mental health services, regardless of value, must have prior concurrence of the Contracting Officer's Representative ("COR"). Contractor shall provide Contracting Officer Representative with copies of all other subcontracts relating to this Agreement entered into by Contractor within 30 days after the effective date of the subcontract. Such subcontractors of Contractor shall be notified of Contractor's relationship to County. "Subcontractor" means any entity, other than County, that furnishes to Services Template Page 1 of 20 rev 12/102013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM Contractor services or supplies relevant to this Agreement other than standard commercial supplies, office space, and printing services. 1.4.1 Contractor Responsibility. In the event any subcontractor is utilized by Contractor for any portion of the project, Contractor retains the prime responsibility for carrying out all the terms of this Agreement, including the responsi- bility for performance and insuring the availability and retention of records of subcontractors in accordance with this Agreement. No subcontract utilizing funds from this Agreement shall be entered into which has a term extending beyond the ending date of this Agreement. 1.4.2 Mandated Clause. All subcontracts shall include the Standard Terms and Conditions required of Contractor Articles 3, 7, 8, 9, 10, 11, 12, 13 and 16 herein. 1.4.3 County Approval. As identified above, all subcontracts under this Agreement shall have prior written approval of the Contracting Officer Representative. ARTICLE 2 SCOPE OF WORK 2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Exhibit "A" to this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by County. 2.2 Right To Acquire Equipment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest. 2.3 Responsibility For Equipment. For cost reimbursement Agreements, County shall not be responsible nor be held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Contractor's employees, even though such equipment may be furnished, rented, or loaned to Contractor by County. The acceptance or use of any such equipment by Contractor or Contractor's employees shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify and hold harmless County from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such damage be to the employee or property of Contractor, other Contractors, County, or other persons. Equipment includes, but is not limited to material, computer hardware and software, tools, or other things. 2.3.1 Contractor shall repair or replace, at Contractor's expense all County equipment or fixed assets that are damaged or lost as a result of Contractor negligence. 2.4 Non -Expendable Property Acquisition. County retains title to all non -expendable property provided to contractor by county, or which Contractor may acquire with funds from this Agreement if payment is on a cost reimbursement basis, including property acquired by lease purchase Agreement. Contractor may not expend funds under this Agreement for the acquisition of non -expendable property having a unit cost of $5,000 or more and a normal life expectancy of more than one year without the prior written approval of Contracting Officer Representative. Contractor shall maintain an inventory of non -expendable equipment, including dates of purchase and disposition. Inventory records on expendable equipment shall be retained, and shall be made available to the County upon request, for at least three years following date of disposition. Non -expendable property that has value at the end of a contract (e.g. has not been depreciated so that its value is zero), and which the County may retain title under this paragraph, shall be disposed of at the end of the Agreement as follows: At County's option, it may: 1) have Contractor deliver to another County contractor or have another County contractor pick up the non -expendable property; 2) allow the contractor to retain the non -expendable property provided that the contractor submits to the County a written statement in the format directed by the County of how the non -expendable property will be used for the public good; or 3) direct the Contractor to return to the County the non -expendable property. ARTICLE 3 DISENTANGLEMENT 3.1 General Obligations At County's discretion, Contractor shall accomplish a complete transition of the services as set forth in Exhibit A to this Agreement (for purposes of this Article 3.1, these shall be referred to as the "Disentangled Services") being terminated from Contractor and the Subcontractors to County, or to any replacement provider designated by County, without any interruption of or adverse impact on the Disentangled Services or any other services provided by third parties. This process shall be referred to as the Disentanglement. Contractor shall fully cooperate with County and any new service provider and otherwise promptly take all steps, including, but not limited to providing to County or any new service provider all Services Template Page 2 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM requested information or documentation, required to assist County in effecting a complete Disentanglement. Contractor shall provide all information or documentation regarding the Disentangled Services or as otherwise needed for Disentanglement, including, but not limited to, data conversion, client files, interface specifications, training staff assuming responsibility, and related professional services. Contractor shall provide for the prompt and orderly conclusion of all work required under the Agreement, as County may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly transition to County or the County's designee of the Disentangled Services. All Contractor work done as part of the Disentanglement shall be performed by Contractor and will be reimbursed by the County at no more than Contractor's costs, up to the total amount of this Agreement. Contractor shall not receive any additional or different compensation for the work otherwise required by the Agreement. Contractor's obligation to provide the Services shall not cease until the earlier of the following: 1) The Disentanglement is satisfactory to County, including the performance by Contractor of all asset -transfers and other obligations of Contractor provided in this Paragraph, has been completed to the County's reasonable satisfaction or 2) twelve (12) months after the Expiration Date of the Agreement. 3.2 Disentanglement Process The Disentanglement process shall begin on any of the following dates: (I) the date County notifies Contractor that no funds or insufficient funds have been appropriated so that the Term shall be terminated pursuant to the Agreement, Article 7; (ii) the date designated by County not earlier than sixty (60) days prior to the end of any initial or extended term that County has not elected to extend pursuant to the Agreement's, Signature Page, Contract Term; or (iii) the date any Termination Notice is delivered, if County elects to terminate any or all of the Services pursuant to the Agreement, Article 7. Subject to Exhibit A Contractor's obligation to perform Disentangled Services, and County's obligation to pay for Disentangled Services, shall expire: (A) when funds appropriated for payment under this Agreement are exhausted, as provided in this Agreement, Article 7; (B) at the end of the initial or extended term set forth in this Agreement's, Signature Page, Contract Term; or (C) on the Termination Date, pursuant to this Agreement, Article 7 (with the applicable date on which Contractor's obligation to perform the Services expires being referred to herein as the "Expiration Date"). Contractor and County shall discuss in good faith a plan for determining the nature and extent of Contractor's Disentanglement obligations and for the transfer of the Disentangled Services in process provided, however, that Contractor's obligation under this Agreement to provide all Disentangled Services shall not be lessened in any respect. 3.3 Specific Obligations The Disentanglement shall include the performance of the following specific obligations: 3.3.1 No Interruption or Adverse Impact Contractor shall cooperate with County and all of the County's other service providers to ensure a smooth transition at the time of Disentanglement, with no interruption of Disentangled Services or other work required under the Agreement, no adverse impact on the provision of Disentangled Services or other work required under the Agreement or County's activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties. 3.3.2 Third -Party Authorizations Without limiting the obligations of Contractor pursuant to any other clause in Exhibit A herein, Contractor shall, subject to the terms of any third -party contracts, procure at no charge to County any third -party authorizations necessary to grant County the use and benefit of any third -party contracts between Contractor and third -party contractors used to provide the Disentangled Services, pending their assignment to County. Similarly, at County's direction, Contractor shall obtain all legally necessary client consents or authorizations legally necessary to transfer client data to County or any new service provider. 3.3.3 (Reserved) 3.3.4 Return, Transfer and Removal of Assets 3.3.4.1 Contractor shall return to County all County assets in Contractor's possession, pursuant to Paragraph 2.4 of the Agreement. 3.3.4.2 County shall be entitled to purchase at net book value those Contractor assets used for the provision of Disentangled Services to or for County, other than those assets expressly identified by the Parties as not being subject to this provision. Contractor shall promptly remove from County's premises, or the site of the work being performed by Contractor for County, any Contractor assets that County, or its designee, chooses not to purchase under this provision. 3.3.5 Transfer of Leases, Licenses, and Contracts Services Template Page 3 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM Contractor, at its expense, shall convey or assign to County or its designee such fully -paid leases, licenses, and other contracts used by Contractor, County, or any other Person in connection with the Disentangled Services, as County may select, when such leases, licenses, and other contracts have no other use by Contractor. Contractor's obligation described herein, shall include Contractor's performance of all obligations under such leases, licenses, and other contracts to be performed by it with respect to periods prior to the date of conveyance or assignment and Contractor shall reimburse County for any losses resulting from any claim that Contractor did not perform any such obligations. 3.3.6 Delivery of Documentation Contractor shall deliver to County or its designee, at County's request, all documentation and data related to County, including, but not limited to, the County Data and client files, held by Contractor, and Contractor shall destroy all copies thereof not turned over to County, all at no charge to County. Notwithstanding the foregoing, Contractor may retain one (1) copy of the documentation and data, excluding County Data, for archival purposes or warranty support. 3.4 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this Agreement which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 3.5 Publication, Reproduction or Use of Materials. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. The County shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. All reports, data and other materials prepared under this Agreement shall be the property of the County upon completion of this Agreement. ARTICLE 4 COMPENSATION The Payment Schedule, and/or budget are in Exhibit C and the compensation is on the Signature page. County will pay Contractor the agreed upon price(s), pursuant to Exhibit C for the work specified in Exhibit A, Statement of Work. The County is precluded from making payments prior to receipt of services (advance payments). Contractor shall provide and maintain an accounting and financial support system to monitor and control costs to assure the Agreements completion. Invoices are subject to the requirements below. 4.1 Fiscal for Provisional Rate. or Fixed Price Contracts with Cost Reimbursement Elements (Rev. 7/31/08) 4.1.1 General Principles. If cost reimbursement elements or provisional rates are included in this Agreement, Contractor shall comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including A-122, which can be viewed at hnp://www.whitehouse.gov/omb/circulars. Contractor shall comply with all Federal, State and other funding source requirements. Contractor shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in Exhibit C or elsewhere to be furnished by County. Contractor shall submit annually to County a cost allocation plan in accordance with OMB guidelines. If the pricing schedule and budget are segregated, the Payment Schedule is in Exhibit C-1 and the budget for cost reimbursement elements is in Exhibit C-2. Invoices are subject to the requirements of Paragraph 4.2 below. 4.1.2 Agreement Budget for Cost Reimbursement Elements. In no event shall the Agreement budget total be increased or decreased prior to County approved Agreement amendment. Some budget line item adjustments require County review and approval. Adjustments requiring County review and approval are listed in Exhibit C-2 "Contractor's Budget." 4.1.3 Administrative Adjustment. The COR may make administrative Agreement adjustments to change or modify the budget as long as the total Agreement amount or Agreement term is not modified. 4.1.4 Agreement Amendment. An Agreement amendment signed by the Contracting Officer is required to modify the total Agreement amount or Agreement term. 4.1.5 Maximum Price. During the performance period of this Agreement, the maximum price for the same or similar items and/or services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored customer. 4.2 Invoices and Payment Services Template Page 4 of 20 rev 32/16/2613 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM 4.2.1 Invoices. County agrees to pay Contractor in arrears only after receipt and approval of properly completed monthly invoices by the Contracting Officer's Representative ("COR") for the work performed in the prior month. Invoices shall be detailed and itemized referencing the Agreement number pursuant to Exhibit C, documenting the total invoiced amount by Contractor. Contractor's monthly invoices shall include a statement certifying whether it is in compliance with Paragraph 8.15 of this Agreement 4.2.2 Provisional Rates / Cost Reimbursement Elements. For provisional rates, or cost reimbursement elements, Contractor shall maintain records of its actual costs, as required herein, for those services paid under a provisional rate or as cost reimbursement. Contractor's last payment each fiscal year shall be withheld until after County and Contractor reconcile Contractor's actual costs with the amount paid from the provisional rates, if any. If County has paid Contractor more than their actual costs, Contractor shall refund County the excess amount paid in accordance with Paragraph 4.2.3. If Contractor's actual costs are more than the amount paid by County, County will pay Contractor the difference, up to, but not to exceed the annual contract amount identified in the Signature Page, in accordance with Paragraph 4.2.3 County's obligation to pay is also subject to the other requirements of this Agreement. 4.2.3 Payments. Payment for the services performed under this Agreement shall be in accordance with Exhibit C, unless other payment methodologies are negotiated and agreed to by both Contractor and County. Contractor shall maintain supporting documentation of expenses as specified in Articles 11 and 13 for provisional rates or cost reimbursement elements. Payments will be made in arrears after receipt of properly completed invoice approved by the COR. Payment shall be NET 30 days from receipt and approval of invoice unless otherwise stated. For Provisional Rates, County will reimburse the good faith estimate of the actual allowable, allocable and reasonable costs incurred associated with the work performed during the month of service. Contractor shall maintain supporting documentation of expenses as specified in Articles 11 and 13. 4.2.3.1 This monthly invoice shall reflect a good faith estimate of the actual allowable, allocable and reasonable costs incurred associated with the work performed during the month of service. This good faith estimate shall be based on the budgeted net unit cost for each service category, hereafter known as provisional rates, multiplied by the units provided. 4.2.3.2 Reconciliation of Good Faith Estimates to Actual Allowable Expenses. Contractor shall submit a cost report to complete a reconciliation of the actual allowable, allocable and reasonable expenses incurred associated with the work performed under this agreement twice annually at a minimum; the COR may require them more frequently. Cost reports submitted by Contractor shall include the actual allowable cumulative year to date expenses by service category for the period. Upon receipt of each cost report, County will reconcile year to date payments with year to date actual allowable, allocable and reasonable expenses and adjust the next monthly invoice for under payments or overpayments in excess of $100. Cost reports shall also include total amounts over paid by the County to Contractor or under paid by the County to the Contractor for each month of service. At the end of each fiscal year, Contractor shall complete an annual reconciliation of the actual allowable expenses incurred associated with the work performed under this agreement for that fiscal year. Overpayments and underpayments will be adjusted during the fiscal year and at the end of the fiscal year as instructed by the COR. 4.2.3.3 Final Fiscal Year End Settlements. Contractor shall submit the final cost report reflecting the actual costs for reimbursement for services performed during the County fiscal year by the final fiscal year settlement date, which will be established by each program. This settlement date shall be no more than 60 calendar days from the end of the County fiscal year. Upon receipt of the fiscal year end cost report, County will reconcile year to date payments with fiscal year end actual allowable, allocable and reasonable expenses. County will reimburse Contractor for underpayments and will recoup overpayments from Contractor. County may, in its sole discretion, choose to not process invoices for reimbursement for services performed during that fiscal year after this date. The County fiscal year shall be defined as July 1, through June 30, unless otherwise defined in this Agreement. 4.2.3.4 Final Agreement Settlement Date. Contractor shall submit the final invoice for reimbursement for services performed during the final fiscal year of the contract by the final contract settlement date, which shall be no more than 60 calendar days from the final date of the contract services. County may, in its sole discretion, choose to not process invoices for reimbursement for services performed during the final fiscal year of the contract after the final Agreement settlement date. 4.2.4 Full Compensation. Pending any adjustments by the COR and except as otherwise provided for in the cost reports submitted by Contractor to County if Provisional Rates are utilized, each invoice approved and paid shall constitute full and complete compensation to Contractor for all work completed during the billing period pursuant to Exhibit Services Template Page 5 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM A and Exhibit C. This Agreement constitutes the entire Agreement between Contractor and County. Contractor shall be entitled only to payment and, if Provisional Rates or Reimbursable elements are included in this Agreement, reimbursement for allowable, allocable and reasonable costs, associated with services pursuant to Exhibit A. 4.2.5 Prompt Payment for Vendors and Subcontractors 4.2.5.1 Prompt payment for vendors and subcontractors. 4.2.5.1.1 Unless otherwise set forth in this paragraph, Contractor shall promptly pay its vendors and subcontractor(s) for satisfactory performance under its subcontract(s) to this Agreement. Such prompt payment shall be no later than thirty (30) days after Contractor receives payment for such services from County and shall be paid out of such amounts as are paid to Contractor under this Agreement. 4.2.5.1.2 Contractor shall include a payment clause conforming to the standards set forth in Paragraph 4.2.5.1.1 of this Agreement in each of its subcontracts, and shall require each of its subcontractors to include such a clause in their subcontracts with each lower -tier subcontractor or supplier. 4.2.5.2 If Contractor, after submitting a claim for payment to County but before making a payment to a vendor or subcontractor for the goods or performance covered by the claim, discovers that al] or a portion of the payment otherwise due such vendor or subcontractor is subject to withholding from the vendor or subcontractor in accordance with the vendor or subcontract agreement, then the Contractor shall: 4.2.5.2.1 Furnish to the vendor or subcontractor and the COR within three (3) business days of withholding funds from its vendor or subcontractor a notice stating the amount to be withheld, the specific causes for the withholding under the terms of the subcontract or vendor agreement; and the remedial actions to be taken by the vendor or subcontractor in order to receive payment of the amounts withheld. 4.2.5.2.2 Contractor shall reduce the subcontractor's progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under paragraph 4.2.5.2.Iof this Agreement and Contractor may not claim from the County this amount until its subcontractor has cured the cause of Contractor withholding funds; 4.2.5.2.3 Upon the vendor's or subcontractor's cure of the cause of withholding funds, Contractor shall pay the vendor or subcontractor as soon as practicable, and in no circumstances later than ten (10) days after the Contractor claims and receives such funds from County. 4.2.5.3 Contractor shall not claim from County all of or that portion of a payment otherwise due to a vendor or subcontractor that Contractor is withholding from the vendor or subcontractor in accordance with the subcontract agreement where Contractor withholds the money before submitting a claim to County, Contractor shall provide its vendor or subcontractor and the COR with the notice set forth in Paragraph 4.2.5.2.1 4.lof this Agreement and shall follow Paragraph 4.2.5.2.3 of this Agreement when vendor or subcontractor cures the cause of Contractor withholding its vendors or subcontractor's funds. 4.2.5.4 Overpayments. If Contractor becomes aware of a duplicate contract financing or invoice payment or that County has Otherwise overpaid on a contract financing or invoice payment, Contractor shall immediately notify the COR and request instructions for disposition of the overpayment. 4.2.6 Availability of Funding. The County's obligation for payment of any Agreement beyond the current fiscal year is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County and are made available for such performance. County shall, in its sole discretion, have the right to terminate or suspend this Agreement or reduce compensation and service levels proportionately upon thirty (30) days' written notice to Contractor in the event that Federal, State or County funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this Agreement. In the event of reduction of funding for the Agreement, County and Contractor shall meet within ten (10) days of written notice to renegotiate this Agreement based upon the modified level of funding. In this case if no Agreement is reached between County and Contractor within 10 days of the first meeting, either party shall have the right to terminate this Agreement within ten (10) days written notice of termination. In the event of termination of this Agreement in accordance with the terms of this Section, Contractor shall be entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which Srrvirrs Trmptaic Page 6 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM County may be entitled, for damages or otherwise, under the terms of this Agreement. In the event of termination of this Agreement pursuant to this Section, in no event shall Contractor be entitled to any loss of profits on the portion of this Agreement so terminated, or to other compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 4.2.7 Conditions Prerequisite To Payments. County may elect not to make a particular payment if any of the following exists: 4.2.7.1 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial and material nature with respect to any information furnished to County. 4.2.7.2 Unauthorized Actions by Contractor. Contractor took any action pertaining to this Agreement, which required County approval, without having first received said County approval. 4.2.7.3 Default. Contractor was in default under any terms and conditions of this Agreement. 4.2.7.4 Fees for Service. Contractor implemented a schedule of fees to be charged to clients or third party client representatives without prior County approval, unless authorized elsewhere in this Agreement. 4.2.8 Withholding Of Payment. County may withhold reimbursement until reports, data, audits, or other information required for Agreement administration or to meet County, State, Federal or other funding source reporting or auditing requirements are received and approved by COR or designee. County may also withhold payment if, in County's opinion, Contractor is in noncompliance with this Agreement. 4.2.9 Interpretation of Claim Provisions. As used in this Article 4, the term "claim" refers to a claim filed pursuant to San Diego County Code of Administrative Ordinances Article V-A, "Processing and Certification of Routine Claims." The term "claim" as used in this Article 4 does not refer to a claim filed pursuant to San Diego County Code of Administrative Ordinances, Article X, "Claims against the County." 4.2.10 Severability Limits. Severability pertains only to those Agreements that originate in one fiscal year and end in another fiscal year. This Agreement is severable for and limited to the amounts in the attached budget. In no event shall Contractor exceed the Severability Limits. 4.2.1] Disallowance. In the event Contractor receives payment from County for a service, reimbursement for which is later disallowed by County or the State, the Federal government, or any other funding source, Contractor shall promptly refund the disallowed amount to County on request, or County may offset the amount disallowed from any payment due to or to become due to Contractor under this Agreement or any other Agreement. Similarly, a disallowance under a prior Agreement may be offset against this Agreement. 4.2.12 Partial Payment. If Contractor fails to perform specified services, provide specified products or perform services or provide products timely and in accordance with specified requirements, Contractor shall be paid only the reasonable cost for the services performed or products provided for the payment period as determined by the COR. 4.2.13 Project Generated Revenue. Project Generated Revenue realized by Contractor in excess of the Agreement budget shall be utilized in support of the Project. 4.2.13.1 Project Generated Revenue and Expenditures shall be reported at the end of the Agreement period. 4.2.13.2 With COR approval, Contractor may expend a remaining balance of project generated revenue in the term of a subsequent County Agreement in support of this Project. 4.2.14 Rate of Expense. Contractor shall control its rate of expense in relation to units of service and anticipate revenues. 4.2.15 Contractor shall inform the COR when it is anticipated that the need for services will exceed the approved service units and budget; however, Contractor's claim/invoice shall not exceed the approved budget. 4.2.16 Any records of revenues, expenditures and/or clinical records under this Agreement shall be subject to compliance with Federal, State or local laws or regulations and may be audited and/or reviewed by the County and/or the appropriate Federal, State or County agency. In the event of an audit disallowance of any claimed cost which is subject to compliance with Federal, State or local law or regulations, Contractor shall be liable for any costs or lost revenue resulting therefrom. Services Template Page 7 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM ARTICLE 5 AGREEMENT ADMINISTRATION 5.1 County's Agreement Administrator. The Director of Purchasing and Contracting is designated as the Contracting officer ("Contracting Officer") and is the only County official authorized to make any Changes to this Agreement. The County has designated the individual identified on the signature page as the Contracting Officer's Representative ("COR") 5.1.1 County's COR will chair Contractor progress meetings and will coordinate County's Agreement administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor services, and provide other technical guidance as required. The COR is not authorized to change any terms and conditions of this Agreement. Only the Contracting Officer, by issuing a properly executed amendment to this Agreement, may make changes to the scope of work or total price. 5.1.2 Notwithstanding any provision of this Agreement to the contrary, County's COR may make Administrative Adjustments ("AA") to the Agreement, such as line item budget changes or adjustments to the service requirements, which do not change the purpose or intent of the Statement of Work, the Terms and Conditions, the Agreement period or the total Agreement price. Each AA shall be in writing and signed by COR and Contractor. All inquiries about such AA will be referred directly to the COR. 5.2 Agreement Progress Meeting. The COR and other County personnel, as appropriate, will meet periodically with the Contractor to review the Agreement performance. At these meetings the COR will apprise the Contractor of how the County views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor considers being over and above the requirements of the Agreement. Appropriate action shall be taken to resolve outstanding issues. The minutes of these meetings will be reduced to writing and signed by the COR and the Contractor. Should the Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement. Appropriate action will be taken to resolve any areas of disagreement. ARTICLE 6 CHANGES 6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the general scope of this Agreement, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the week, etc. and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Agreement, whether changed or not changed by such an order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in vtTiting accordingly. Such changes may require Board of Supervisors approval. 6.2 Claims. Contractor must assert any claim for adjustment under this clause within thirty (30) days from the date of receipt by the Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled "Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor from proceeding with this Agreement as changed. ARTICLE 7 SUSPENSION, DELAY AND TERMINATION 7.1 Termination For Default. Upon Contractor's breach of this Agreement, County shall have the right to terminate this Agreement, in whole or part. Prior to termination for default, County will send Contractor written notice specifying the cause. The notice will give Contractor ten (10) days from the date the notice is issued to cure the default or make progress satisfactory to County in curing the default, unless a different time is given in the notice. If County determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, County may terminate this Agreement immediately upon issuing oral or written notice to the Contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County. In the event of such termination, the County may purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the Services Template Page 8 of 20 rev 12/16(2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM County. The prevailing market price shall be considered the fair repurchase price. Notwithstanding the above, Contractor shall not be relieved of liability to County for damages sustained by County by virtue of any breach of this Agreement by Contractor, and County may withhold any reimbursement to Contractor for the purpose of off -setting until such time as the exact amount of damages due County from Contractor is determined. If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall, if this Agreement contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause. 7.2 Damages For Delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost to County incurred as a result of continuing the current level and type of service over that cost that would be incurred had the Agreement segments been completed by the time frame stipulated and any other damages suffered by County. 7.3 County Exemption From Liability. In the event there is a reduction of funds made available by County to Contractor under this or subsequent Agreements, the County of San Diego and its Departments, officers and employees shall incur no liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or liabilities arising directly or from such action. 7.4 Full Cost Recovery Of Investigation And Audit Costs. Contractor shall reimburse County of San Diego for all direct and indirect expenditures incurred in conducting an audit/investigation when Contractor is found in violation (material breach) of the terms of the Agreement. Reimbursement for such costs shall be withheld from any amounts due to Contractor pursuant to the payment terms of the Agreement, or from any other amounts due to Contractor from County. 7.5 Termination For Convenience. The County may, by written notice stating the extent and effective date terminate this Agreement for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for work performed in accordance with the terms of this Contract until such termination: 7.5.1 The unit or pro rata price for any delivered and accepted portion of the work. 7.5.2 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. 7.5.3 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. 7.5.4 County's termination of this Agreement for convenience shall not preclude County from taking any action in law or equity against Contractor for: 7.5.4.1 Improperly submitted claims, or 7.5.4.2 Any failure to perform the work in accordance with the Statement of Work, or 7.5.4.3 Any breach of any term or condition of the Agreement, or 7.5.4.4 Any actions under any warranty, express or implied, or 7.5.4.5 Any claim of professional negligence, or 7.5.4.6 Any other matter arising from or related to this Agreement, whether known, knowable or unknown before, during or after the date of termination. 1 7.6 County reserves the right to terminate and/or prohibit, without prior notice, contractor and contractor's employees, subcontractors, or consultants from accessing County data systems, County owned software applications, including websites, domain names, platforms, physical files, and/or treating patients/clients. 7.7 Suspension Of Work. The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government. 7.8 Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. Services Template Page 9 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM ARTICLE 8 COMPLIANCE WITH LAWS AND REGULATIONS 8.1 Compliance with Laws and Regulations. Contractor shall at all times perform its obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 8.2 Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the County, all approvals, permissions, permits, licenses; and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. The County reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder. 8.3 Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 8.4 Affirmative Action. Each Contractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article Mk (commencing at Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon request by COR or from the County of San Diego Internet web -site (www.co.san-diego.ca.us). 8.5 Non Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, or physical, mental disability, political affiliation and marital status in accordance with Title IX of the Education Amendments of 1972 • Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101), Article 9.5. Chapter 1. Part 1. Division 2, Title 2 (Section 1 1 135, et seq) of the California Government Code, Title 9. Chapter 4, Subchapter 6 (Section 10800. et seq.) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. 8.6 AIDS Discrimination. Contractor shall not deny any person the full and equal enjoyment of, or impose less advantageous terms, or restrict the availability of, the use of any County facility or participation in any County funded or supported service or program on the grounds that such person has Acquired Immune Deficiency Syndrome, AIDS -related complex (ARC), or AIDS -related status (ARS), as those terms are defined in Chapter I, Section 32.1203, San Diego County Code of Regulatory Ordinances. 8.7 American With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in employment, public services, transportation, public accommodations and telecommunications services in compliance with the Americans with Disabilities Act (ADA) and California Administrative Code Title 24. 8.8 Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for any political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or allow its name to be utilized in any endorsement of any candidate for elected office. Neither the Agreement nor any funds provided thereunder shall be utilized in support of any partisan political activities, or activities for or against the election of a candidate for an elected office. 8.9 Lobbying. Contractor agrees to comply with the lobbying ordinances of the County and to assure that its officers and employees comply before any appearance before the County Board of Supervisors. Except as required by this Agreement, none of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before State and Federal Legislatures, the Board of Supervisors of the County, or before any other local governmental entity. This provision shall not preclude Contractor from seeking necessary permits, licenses and the like necessary for it to comply with the terms of this Agreement. 8.10 Religious Activity Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connec- tion with the performance of this Agreement. 8.11 Drug and Alcohol -Free Workplace. The County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, County of San Services Template Page 10 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM Diego Drug and Alcohol Use Policy C-25. This policy provides that all County -employed Contractors and Contractor employees shall assist in meeting this requirement. 8.11.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor employees, while performing service for the County, on County property, or while using County equipment: 8.11.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. 8.11.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 8.11.1.3 Shall not sell, offer, or provide alcohol or an illegal drug to another person; provided, however, that the foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs. 8.11.2 Contractor shall inform all employees who are performing service for the County on County property or using County equipment of the County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. 8.11.3 The County may terminate for default or breach this Agreement, and any other Agreement the Contractor has with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in compliance with the conditions listed herein. 8.12 Board of Supervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the following policies of the Board of Supervisors: 8.12.1 Board Policy B-67, which encourages the County's Contractors to offer products made with recycled materials, reusable products, and products designed to be recycled to the County in response to the County's requirements; and 8.12.2 Board Policies B-53 and B-39a, which encourage the participation of small and disabled veterans' business enterprises in County procurements; and 8.12.3 Zero Tolerance For Fraudulent Conduct In County Services. Contractor shall comply with County of San Diego Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be "Zero Tolerance" for fraud committed by Contractors in the administration of County programs and the provision of County services. Upon proven instances of fraud committed by independent Contractors in connection with their performance under the Agreement, said Agreement shall be terminated; and 8.12.4 Interlocking Directorate. In recognition of County Policy A-79, not -for -profit Contractors shall not subcontract with related for -profit subcontractors for which an interlocking relationship exist unless specifically authorized in writing by the Board of Supervisors; and 8.12.5 Zero Tolerance In Coaching Medi-Cal Or Welfare Clients (Including Undocumented Immigrants). The County of San Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal system by foreign nationals who are not legal residents of this county or country, has adopted a Zero Tolerance policy and shall aggressively prosecute employees and Contractors who coach Medi-Cal or Welfare clients (including un- documented immigrants), to obtain services for which they are not otherwise entitled. As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees, while performing service for the County, on County property or while using County equipment shall not: (a) in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled. (b) support or provide funds to any organization engaged directly or indirectly in advising undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled. Contractor shall inform all employees that are performing service for the County on County property or using County equipment of County's Zero Tolerance Policy as referenced herein. County may terminate for default or breach this Agreement and any other Agreement Contractor has with County, if Contractor or Contractor employees are determined not to be in compliance with the conditions stated herein, 8.13 Cartwright Act. Following receipt of final payment under the Agreement, Contractor assigns to the County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright act (Chapter 1) (commencing with Section 1.6700) of Part 2 of Division 7 of the Business and Professions Page 11 of 20 rev 12/16/2013 v2 Services Template COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM Code). arising from purchases of goods, materials, or services by the Contractor for sale to the County under this Agreement. 8.14 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not store any Hazardous Materials at any County Facility for periods in excess of ninety (90) days or in violation of the applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the County of it. Contractor shall not be liable to the County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the term "Environmental Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called "common law"), including, but not limited to, the Resource Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; (b) is controlled, referred to, designated in or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any Environmental Laws, or (d) is any other material or substance giving rise to any liability, responsibility or duty upon the County or Lessee with respect to any third person under any Environmental Laws. 8.15 Debarment And Suspension. As a sub -grantee of federal funds under this Agreement, Contractor certifies that it, its principals, its employees and its subcontractors: 8.15.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency; 8.15.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil or administrative judgment rendered against them for the commission of fraud or a criminal offense or civil action in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property; physical, financial or sexual abuse or misconduct with a patient or client, or medical negligence or malpractice; 8.15.3 Are not presently indicted or otherwise criminally, civilly or administratively charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and 8.15.4 Have not within a 3-year period preceding this Agreement had one or more public transaction (Federal, State, or local) terminated for cause or default. 8.16 Display of Fraud Hotline Poster(s). As a material term and condition of this contract, Contractor shall: 8.16.1 Prominently display in common work areas within all business segments performing work under this contract County of San Diego Office of Ethics and Compliance Ethics Hotline posters; 8.16.2 Posters may be downloaded from thF County Office of Ethics and Compliance hifp://www.sdcounty.ea.eovicao/oia.html 8.16.3 Additionally, if Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website 8.16.4 If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, the Contractor need not display the County poster; 8.16.5 In the event Contractor subcontracts any of the work performed under this contract, Contractor include this clause in the subcontract(s) and shall take appropriate steps to ensure compliance by the subcontractor(s). 8.17 False Claims Acts: Contractor and all Subcontractors shall provide information on the Federal and State Claims Acts information annually to their employees providing services under this contract. The minimum acceptable information may be found at www.cosdcompliance.org Services Template Page 12 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM ARTICLE 9 CONFLICTS OF INTEREST; CONTRACTOR'S CONDUCT 9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent Agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor shall not employ any person having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of County. Without such written approval, performance of services under this Agreement by associates or employees of County shall not relieve Contractor from any responsibility under this Agreement. 9.1.1 California Political Reform Act and Government Code Section 1090 Et Seq. Contractor acknowledges that the California Political Reform Act ("Act"), Government Code section 81000 et seq., provides that Contractors hired by a public agency, such as County, may be deemed to be a "public official" subject to the Act if the Contractor advises the agency on decisions or actions to be taken by the agency. The Act requires such public officials to disqualify themselves from participating in any way in such decisions if they have any one of several specified "conflicts of interest" relating to the decision. To the extent the Act applies to Contractor, Contractor shall abide by the Act. In addition, Contractor acknowledges and shall abide by the conflict of interest restrictions imposed on public officials by Government Code section 1090 et seq. 9.2 Conduct of Contractor: Confidential Information. 9.2.1 Contractor shall inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County. 9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under this Agreement. 9.2.3 Contractor shall not use for personal gain or make other improper use of confidential information, which is acquired in connection with his employment. In this connection, the term "confidential information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of Contractors or subcontractors in advance of official announcement. 9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or other items of monetary value to an employee or official of the County. 9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process shall be made to the private practice of any person(s) employed by the Contractor. 9.3 Prohibited Agreements. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that it isi not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the following: 9.3.1. Persons employed by County or of public agencies for which the Board of Supervisors is the governing body; 9.3.2. Profit -making firms or businesses in which employees described in sub -section 9.3.1, above, serve as officers, principals, partners, or major shareholders; 9.3.3. Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub- sections and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the Agreement, or (2) participated in any way in developing the Agreement or its service specifications; and 9.3.4. Profit -making firms or businesses, in which the former employees described in sub -section 9.3.3 above, serve as officers, principals, partners, or major shareholders. Services Template Page 13 of 20 rev 12/1eI2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM 9.4 Limitation Of Future Agreements Or Grants. It is agreed by the parties to the Agreement that Contractor shall be restricted in its future Contracting with the County to the manner described below. Except as specifically provided in this clause, Contractor shall be free to compete for business on an equal basis with other companies. 9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement, is required to develop specifications or statements of work and such specifications or statements of work are to be incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that solicitation as a prime or subcontractor under an ensuing County Agreement. It is further agreed, however, that County will not, as additional work, unilaterally require Contractor to prepare such specifications or statements of work under this Agreement. 9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Statement of Work. ARTICLE 10 INDEMNITY AND INSURANCE 10.1 Indemnity. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and agents of County (collectively "County Parties"), against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character; including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to this Agreement or the work covered by this Agreement and arising either directly or indirectly from any act, error, omission or negligence of Contractor or its Contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 10.2 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit "B," "Insurance Requirements," attached hereto. ARTICLE 11 AUDIT AND INSPECTION OF RECORDS The County shall have the audit and inspection rights described in this section. 11.1 Audit And Inspection. Contractor agrees to maintain and/or make available within San Diego County accurate books and accounting records relative to all its activities under this Agreement. Authorized Federal, State or County representatives shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants, At any time during normal business hours and as often as County may deem necessary, Contractor shall make available to County, State or Federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit County, State or Federal officials to audit, examine and make excerpts or transcripts from such records, and to make audits of all irivoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all matters covered by this Agreement. If an audit is conducted, it will be done in accordance with generally accepted government auditing standards as described in "Government Auditing Standards," published for the United States General Accountability Office or the institute of Internal Auditors International Standards for the Professional Practice of Internal Auditing. If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, County shall have the right to require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total Agreement amount. When the services to he performed are of such nature that the difference cannot be corrected, County shall have the right to (1) require Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specif- ications and requirements of the Agreement, County shall have the right to either (1) by Agreement or to otherwise have the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned to County that is directly related to the performance of such services, or (2) terminate this Agreement for default as provided in the Termination clause. Services Template Page 14 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM 11.2 External Audits. Health and Human Services (HI-ISA) Contractors shall advised and provide the electronic audit copies to Agency Contract Support (ACS) at ACS.HHSA@sdcounty.ca.gov. All other contractors will provide the following to their COR: 11.2.1 COR shall be advised of all pending audits by Federal or State representatives regarding Contracted services identified in this Agreement within seventy-two (72) hours of the Contractor receiving notice of the audit, 11.2.2 Contractor shall provide COR with a copy of the draft and final State or Federal audit reports within twenty four (24) hours of receiving them. 11.2.3 Contractor shall provide COR a copy of the contractor's response to the draft and final State or Federal audit reports at the same time as response provided to the State or Federal representatives. 11.2.4 Contractor shall provide COR a copy of the State or Federal audit's representative's response to the contractors' response within forty-eight (48) hours of receiving it. This will continue until the State or Federal auditors have accepted and closed the audit. 11.3 Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. 11.4 Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by section 11.4.1 and 11.4,2, below: 11.4.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. 11.4.2 Record which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Agreement completion, whichever is longer. County shall keep the materials described above confidential unless otherwise required by law. 11.5 Subcontract. The Contractor shall insert a clause containing all the provisions of this Article 11 in all subcontract hereunder except altered as necessary for proper identification of the Contracting parties and the Contracting officer under the County's prime Agreement. ARTICLE 12 INSPECTION OF SERVICE 12.1 Subject to Inspection. All performance (including services, materials, supplies and equipment furnished or utilized in the performance of this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by the County at all times during the term of this Agreement. Contractor shall cooperate with any inspector assigned by the County to permit the inspector to determine whether Contractor's performance conforms to the requirements of this Agreement. County shall perform such inspection in a manner as not to unduly interfere with Contractor's erfonnance. 12.2 Specification and Requirements. If any services performed by Contractor do not conform to the specifications and requirements of this Agreement, County may require Contractor to re -perform the services until they conform to said specifications and requirements, at no additional cost, and County may withhold payment for such services until Contractor correctly performs them. When the services to be performed are of such a nature that Contractor's cannot correct its performance, the County shall have the right to (1) require the Contractor to immediately take all necessary steps to ensure future performance of services conforms to the requirements of this Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services received by County. In the event Contractor fails to promptly re -perform the services or to take necessary steps to ensure that future performance of the service conforms to the specifications and requirements of this Agreement, the County shall have the right to either (1) without terminating this Agreement, have the services performed, by Agreement or otherwise, in conformance with the specifications of this Agreement, and charge Contractor, and/or withhold from payments due to Contractor, any costs incurred by County that are directly related to the performance of such services, or (2) terminate this Agreement for default. ARTICLE 13 USE OF DOCUMENTS AND REPORTS Services Template Page 15 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM 13,1 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this Agreement which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 13.2 Ownership, Publication, Reproduction And Use Of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13.3 Confidentiality. County and Contractor agree to maintain the confidentiality of and take industry appropriate and legally required measures to prevent the unlawful disclosure of any information that is legally required to be kept confidential. Except as otherwise allowed by local, State or federal law or regulation and pursuant to this Section 13.3, County and Contractor agree to only disclose confidential records where the holder of the privilege, whether the County, the Contractor or a third party, provides written permission authorizing the disclosure. Contractor understands that County must disclose certain records pursuant to the California Public Records Act ("the Act"). If Contractor demands that County not disclose requested records Contractor believes qualify for exception or exemption from disclosure pursuant to the Act, County will comply with Contractor's demand if Contractor identifies those records and the applicable exception(s) or exemption(s), in writing, within five (5) business days from receipt of County's notice to Contractor of the request for disclosure of records. If Contractor does not identify the records and reason(s) that it deems some or all of the records to be confidential, County may disclose those records at its sole discretion. Contractor agrees that its defense and indemnification obligations set forth in Section 10.1 of this Agreement extend to any Claim (as defined in Section 10.1) against the County Parties (as defined in Section 10.1) for records the County withholds from disclosure at Contractor's direction. This Section 13.3 shall not prevent the County or its agents or any other governmental entity from accessing the confidential records for the purpose of audits or program reviews if that access is legally permissible under the applicable local, State or federal laws or regulations. Similarly, County or its agent or designee may take possession of the record(s) where legally authorized to do so. County may identify, for purposes of clarification, certain laws and regulations that are specifically applicable to Contractor's work under this Agreement. Those laws and regulations may be set forth in Exhibit A — Statement of Work. County, however, is under no obligation to identify all applicable laws and regulations and assumes no liability for identifying confidentiality laws and regulations, if any, applicable to the work under this Agreement. 13.4 Maintenance Of Records. Contractor shall maintain all records and make them available within San Diego County for a minimum of three (3) years from the ending date of this Agreement unless County agrees in writing to an earlier disposition or longer where legally required or while under dispute. Contractor shall provide any requested records to County within 48-hours of the request. 13.5 Custody Of Records. County, at its option, may take custody of Contractor's client records upon Agreement termination or at such other time as County may deem necessary. County agrees that such custody will conform to applicable confiden- tiality provisions of State and Federal law. Said records shall be kept by County in an accessible location within San Diego County and shall be available to Contractor for examination and inspection. 13.6 Audit Requirement. Contractor shall annually engage a Licensed Certified Public Accountant to conduct an annual audit of their agency's operations. Contractors that expend $500,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments. Public Law 104-156, and OMB Circular A-133 and 45 CFR part 74.26. Contractors that are commercial organizations (for - profit) are required to have a non -Federal audit if, during its fiscal year, it expended a total of $500,000 or more under one or more HHS awards. 45 CFR part 74.26(d) incorporates the threshold and deadlines of OMB Circular A-133 but provides for -profit organizations two options regarding the type of audit that will satisfy the audit requirements. Contractor shall include a clause in any Agreement or Agreement Contractor enters into with an audit firm to provide access by the County, State, Federal Government to the working papers of the independent auditor who prepare the audit for Contractor. Contractor shall submit two (2) copies of the annual audit report, the audit performed in accordance with OMB Circular A- 133. and the management letter to the County fifteen (15) days after receipt from the independent Certified Public Accountant but no later than nine (9) months after the Contractor's fiscal year end. 13.7 Reports. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COR and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely submission of these reports is a necessary and material term and condition of this Agreement and Contractor agrees that failure to meet Services Template Page 16 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County within thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement by Contractor. 13.8 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed to show the effectiveness and/or efficiency of Contractor services or to provide information about Contractor's project. ARTICLE 14 (RESERVED) ARTICLE 15 DISPUTES Notwithstanding any provision of this Agreement to the contrary, the Contracting Officer shall decide any dispute concerning a question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time. The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide questions of law, or issues regarding the medical necessity of treatment or to pre-empt any medical practitioners' judgment regarding the medical necessity of treatment of patients in their care. The foregoing does not change the County's ability to refuse to pay for services rendered if County disputes the medical necessity of care. ARTICLE 16 GENERAL PROVISIONS 16.1 Assignment and Subcontracting. Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County; County's consent shall not be unreasonably withheld. The Contractor shall make no Agreement with any party for furnishing any of the work or services herein contained without the prior written consent of the COR, pursuant to Paragraph 1.4. 16.2 Contingency. This Agreement shall bind the County only following its approval by the Board of Supervisors or when signed by the Purchasing and Contracting Director. • 16.3 Entire Agreement. This Agreement, together with all Exhibits attached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any proposals from Contractor and requests for proposals from County, are superseded. 16.4 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference. 16.5 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 16.6 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 16.7 Headings. The Article captions, Clause and Section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof. 16.8 Modification Waiver. Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties. 16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other. 16.10 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein. Services Template Page 17 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM 16.11 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or three (3) business days after deposit in the U.S. Mail or by email, as the case may be to the COR and Contractor's Representative identified on the signature page. 16.12 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 16.14 Time. Time is of the essence of each provision of this Agreement. 16.15 Time Period Computation. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday. 16.16 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure. 16.17 Third Party Beneficiaries Excluded. This agreement is intended solely for the benefit of the County and its Contractor. Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited. 16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and materials distributed to the community shall identify the County of San Diego as the funding source for Contracted programs identified in this Agreement. Copies of publicity materials related to Contracted programs identified in this Agreement shall be filed with the COR. County shall be advised at least twenty four (24) hours in advance of all locally generated press releases and media events regarding Contracted services identified in this Agreement. Alcohol and Drug Prevention Services Contractors shall notify COR or designee at least five (5) business days in advance of all Contractor generated media releases and media events regarding Contracted services identified in this Agreement. 16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality, fraud, unethical conduct, or instances of staff or client drug and/or alcohol use at the program. Contractor shall report all such incidents to the COR within one work day of their occurrence. 16.20 Responsiveness to Community Concerns. Contractor shall notify County within forty eight (48) hours of receipt of any material complaints including but not limited to complaints referring to issues of abuse or quality of care, submitted to Contractor verbally or in writing, regarding the operation of Contractor's program or facility under this agreement. Contractor shall take appropriate steps to acknowledge receipt of said complaint(s) from individuals or organizations. Contractor shall take appropriate steps to utilize appropriate forums to address or resolve any such complaints received. Nothing in this provision shall be interpreted to preclude Contractor from engaging in any legally authorized use of its facility, property or business as approved, permitted or licensed by the applicable authority. 16.21 Criminal Background Check Requirements. Contractor shall ensure that criminal background checks are required and completed prior to employment or placement of contractor staff and volunteers in compliance with any licensing, certification, or funding requirements, which may be higher than the minimum standard described herein. At a minimum, background checks shall be in compliance with Board of Supervisors policy C-28 and are required for any contractor staff or volunteer assigned to sensitive positions funded by this contract. Sensitive positions are those that: (1) physically supervise minors or vulnerable adults; (2) have unsupervised physical contact with minors or vulnerable adults; and/or (3) have a fiduciary responsibility to any County client, or direct access to, or control over, bank accounts or accounts with financial institutions of any client. Services Template Page 18 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM 16.21.1 Criminal Background Check. Contractor shall have a documented process to review criminal history of candidates for employment or volunteers under this Agreement that will be in sensitive positions as defined in paragraph 16.21.4. At a minimum, Contractor shall check the California criminal history records, or state of residence for out-of-state candidates. Contractor shall review the information and determine if criminal history demonstrates behavior that could create an increased risk of harm to clients. Contractor shall document review of criminal background findings and consideration of criminal history in the selection of a candidate. (Example: Documented consideration of factors such as: If there is a conviction in the criminal history, how long ago did it occur? What were the charges? What was the individual convicted of and what was the level of conviction? If selected, where would the individual work and is the conviction relevant to the position?). 16.21.2 Contractor shall either utilize a subsequent arrest notification service during employee or volunteers' tenure or perform criminal history annually. 16.21.3 Contractor shall keep the documentation of their review and consideration of the individual's criminal history on file in accordance with paragraph 13.3 "Maintenance of Records." 16.21.4 Definitions A. Activities of Daily Living: The basic tasks of everyday life, such as eating, bathing, dressing, toileting, and transferring. B. Minor: Individuals under the age of eighteen (18) years old. C. Sensitive Position: A job with responsibilities that can be criminally abused at great harm to the contract or the clients served. All positions that (1) physically supervise minors or vulnerable adults, (2) have unsupervised physical contact with minors or vulnerable adults, or (3) have fiduciary responsibility to a County client or direct access to, or control over client bank accounts, or serve in a financial capacity to the County client. D. Vulnerable Adult: (1) individuals age eighteen (18) years or older, who require assistance with activities of daily living and who may be put at risk of abuse during service provision; (2) Individuals age eighteen (18) years or older who have a permanent or temporary limited physical and/or mental capacity that which may put them at risk of abuse during service provision because it renders them: unable to make decisions for themselves, unable to physically defend themselves, or unaware of physical abuse or other harm that could be perpetrated against them. E. Volunteer: A person who performs a service willingly and without pay. 16.22 Health Insurance. Contractor shall ask any client if the client or any minor(s) for whom they are responsible have health insurance coverage. If the response is "no" for client or minor(s) the Contractor shall refer the client to Covered California at https://www.coveredca.com/ or to 1-800-300-1506. Services Template Page 19 of 20 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM SIGNATURE PAGE AGREEMENT TERM. This Agreement shall be effective this ls` day of July, 2014 ("Effective Date") and end on June 30, 2015 ("Initial Term"), for a total Agreement period of one (1) year. OPTION TO EXTEND. The County's option to extend is for three (3) increments of one (1) year each for a total of three (3) years beyond the expiration of the Initial Term, not to exceed June 30, 2018, pursuant to Exhibit C Pricing Schedule. Unless County notifies Contractor in writing, not less than thirty (30) days prior to the expiration date that they do not intend to renew the Agreement; the Agreement will be automatically renewed for another year. Options To Extend For One To Six Additional Months At End Of Agreement. County shall also have the option to extend the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six (6) calendar months at the discretion of the County Purchasing and Contracting Director. Each extension shall be effected by written notice delivered to Contractor no less than fifteen (15) calendar days prior to expiration of any Agreement term. The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised pursuant to this option clause unless provision for appropriate price adjustment has been made elsewhere in this Agreement or by Agreement amendment. All payments are subject to "Availability of Funds." COMPENSATION: Pursuant to Exhibit C, County agrees to pay Contractor a sum of three hundred one thousand two hundred forty two dollars ($301,242) for the initial term of this Agreement and three hundred one thousand two hundred forty two dollars for each of the one (1) one year option periods, for a maximum Agreement amount of one million, two hundred four thousand nine hundred sixty eight dollars ($1,204,968) in accordance with the method of payment stipulated in Article 4. It is understood that the parties will meet and confer on the contract price if adjustments are made to the scope of work for an extension of the term or terms. These discussions shall not obligate either party to make a requested adjustment to the scope of work or price except as otherwise set forth in this Agreement, nor shall it relieve either party of its obligations under the Agreement. COR. The County has designated the following individual as the Contracting Officer's Representative ("COR") Albert Venditti, Contract Administrator Aging & Independence Services 5560 Overland Dr., Suite 310 San Diego, CA 92123 Phone: (858) 505-6958; Fax: (858) 694-2316; e-mail: albert.venditti@sdcounty.ca.gov sdcounty.ca.gov CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's Representative. Leslie Deese; City Manager City of National City 1243 National City Blvd. National City, CA 91950 Phn: 619-336-4240; Fax: 619-336-4327 IN WITNESS WHEREOF, County and Contractor have executed this Agreement effective as of the date first set forth above COUNTY OF SAN DIEGO CITY OF NATIONAL CITY By: By: JOHN M. PELLEGRINO, Director RON MORRISON; Mayor, City of National City Department of Purchasing and Contracting Date: Date: Services Template Page 20 020 rev 12/16/2013 v2 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A — PERFORMANCE WORK STATEMENT 1. Scope of Work/Purpose Contractor shall provide nutritionally sound meals and support services to individuals sixty (60) years old and older living throughout San Diego County. The meals shall be provided in two (2) settings: congregate (group setting) at Senior Dining Centers, and home delivery to frail seniors. There is no charge to the senior for these services, but Contractor shall provide the opportunity for the senior to make a contribution. Priority shall be given to serving persons with the greatest economic or social needs, in particular low-income minority individuals. 2. Background Information The Senior Nutrition Program, which began in the County of San Diego in 1975, is funded through Title 11I of the Older Americans Act, a federal program administered by state and county governments and operated under rules, policies, and regulations of the California Department of Aging (CDA). Aging & Independence Services (AIS), as an Area Agency on Aging, oversees this program for the County of San Diego. Nutrition services assist older individuals to live independently by promoting better health and reduced isolation through a program of coordinated congregate meals, home -delivered meals, transportation and supportive services. Various contractors provide lunch for seniors at several sites throughout the county, and many contractors also provide home -delivered meals. Breakfast is also provided at some sites. Live Well San Diego was developed by the County of San Diego as a comprehensive, innovative strategy on wellness. This long-term plan combines the efforts of partners inside and outside county government to help all residents be healthy, safe and thriving. All HHSA contractors, to the extent feasible, are expected to advance this initiative, which is being implemented in a phased approach. The first phase, Building Better Health, was adopted by the Board of Supervisors on July 13, 2010. Building Better Health focuses on improving the health of residents and supporting healthy choices. The second phase, Living Safely, was adopted October 9, 2012. The goal of Living Safely is to ensure residents are protected, neighborhoods are safe, and communities are resilient. The third phase, Thriving, will be implemented in 2014 with a goal to promote communities in which residents can enjoy the highest quality of life. Section 10 of this Performance Work Statement contains specific initiatives related to the contract. Information about the Live well San Diego initiative can be found at: http://www.sdcounty.ca.gov/hhsa/program/sd/live well san__siego/index.html 3. Goal 3.1 Contractor shall provide the services described herein to accomplish the following goals: 3.1.1 Assist individuals sixty (60) years and older to live independently because of better health and reduced isolation as a result of the Senior Nutrition Program, a program of coordinated congregate meals, home -delivered meals, and referrals to appropriate supportive services. 4. Deliverables 4.1 Congregate Meals. Contractor shall provide the maximum number of meals annually, pursuant to Exhibit C, to seniors in a congregate setting a minimum of five (5) days per week. A lesser frequency must be approved in advance by the County. The number of meals shall be based upon historical actuals and shall not exceed the annual amount without prior County approval. Exhibit A — Performance Work Statement City of National City Page 1 of 8 Contract 4 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A — PERFORMANCE WORK STATEMENT 4.1.1 Contractor shall complete an assessment to determine the eligibility of participants. All assessments shall be made available to the Contracting Officer's Representative (COR) upon request. 4.1.2 Contractor shall complete a reassessment of the participant's need on an annual basis prior to or on the date of the original assessment. 4.1.3 Contractor shall have a paid staff member or a trained volunteer responsible for the day- to-day activities at each site, and be physically on site during the time nutrition program activities are taking place, 4.1.4 Contractor shall ensure that each site has equipment, including tables and chairs, which are sturdy and appropriate for older individuals. 4.1.5 Each meal shall contain at least one-third (1/3) of the current Dietary Reference Intakes (DRIs) as established by the Food and Nutrition Board, Institute of Medicine, National Academy of Sciences (2007), which are incorporated by reference. http://www.iom.edu/Activiti es/Nutrition/SummaryDRIs/—/media/Files/Activity%20F iles /Nutrition/DRIs!5 Sum mary%20Tab1e%20Tables%201-4.pdf 4.1.6 Meals shall comply with the Dietary Guidelines for Americans (2010, 7th edition) established by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services. http://fnic.nal.usda.gov/dietary-guidance/dietary-guidelines 4.1.7 Meals shall be planned in accordance with Title 22, Social Security, Division 1.8 California Department of Aging, Chapter 4.(1) Title III Programs —Program and Service Provider Requirements, Article 5. Title III C- Elderly Nutrition Program (herein referred to as Title 22) Section 7638.5 Nutrition Requirements of Meals https://www.aging.ca.gov/ProgramsProviders/AAA/Nutrition/Code of Regulations/ and CDA Program Memo 12-17 (P) Nutrition Older Americans Act Nutrition Services Menu Guidance for Compliance with Dietary Guidelines for Americans, 2010. httns://www.aging.ca.gov/PM/#2012 4.1.8 If the program provides two (2) meals per day, a minimum of two-thirds (2/3) of the DRI must be provided. 4.2 Home -;Delivered Meals. Contractor shall provide the maximum number of home -delivered meals annually, pursuant to Exhibit C, to seniors a minimum of five (5) days per week. 4.2.1 Contractor shall assess the level of need for home -delivered nutrition services of each eligible participant. 4.2.1.1 The initial assessment may be conducted by telephone. 4.2.1.2 A written assessment shall be conducted in the participant's home within two (2) weeks of initiation of services, and shall include an assessment of the type of meal (e.g. hot, cold, frozen) that is appropriate for the participant in their living environment. 4.2.1.3 A reassessment of the participant's need shall be completed quarterly and a reassessment in the participant's home shall be conducted at least every other quarter. Exhibit A — Performance Work Statement City of National City Page 2 of 8 Contract # 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A — PERFORMANCE WORK STATEMENT 4.2.1.4 All assessments shall be made available to COR upon request. 4.2.2 Contractor shall provide written instructions for handling and re -heating of the meal in the language of the participant receiving the meal. 4.2.3 Each meal shall contain at least one-third (1/3) of the current Dietary Reference Intakes (DRIs) as established by the Food and Nutrition Board, Institute of Medicine, National Academy of Sciences (2007), which are incorporated by reference. http://www. iom. edu/Activities/Nutrition/S umrnaryDR1 s/—/media/Fi les/Activity%20Fi le s/Nutrition/DRIs/5 Summary%20Table%20Tables%20 I -4.pdf 4.2.4 Meals shall comply with the Dietary Guidelines for Americans (2010, 7th edition) established by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services. http://fnic.nal.usda.gov/dietary-gui dance/dietary-guidelines 4.2.5 Meals shall be planned in accordance with Title 22, Social Security, Division 1.8 California Department of Aging, Chapter 4.(1) Title III Programs — Program and Service Provider Requirements, Article 5. Title III C- Elderly Nutrition Program (herein referred to as Title 22) Section 7638.5 Nutrition Requirements of Meals https://www.aging.ca.gov/ProgramsProviderS/AAA/Nutrition/Code of Regulations/ and CDA Program Memo 12-17 (P) Nutrition Older Americans Act Nutrition Services Menu Guidance for Compliance ,with Dietary Guidelines for Americans, 2010. httos://www.aging.ca.gov/PM/#2012 4.2.6 If the program provides two (2) meals per day, a minimum of two-thirds (2/3) of the DR' must be provided. 4.3 Transportation. Contractor shall provide units of transportation annually, pursuant to Exhibit C, to eligible program participants. Contractor shall count each trip to and from Senior Dining Centers as a one-way trip. 4.3.1 Contractor's staff and/or volunteers providing transportation services shall possess a current and valid driving license issued by the State of California, and Contractor shall maintain a copy(ies) of said licenses on site for review by COR. Drivers shall maintain the appropriate type of California license for the size vehicle used to transport passengers. 4.4 Nutrition Education. Contractor shall provide a minimum of four (4) nutrition education units per contract year to participants in each of Contractor's congregate sites and home delivered meal programs. 4.4.1 Nutrition Education services shall be provided in accordance with Title 22, Section 7638.11. Nutrition Education Services for Participants. 4.4.2 Nutrition Education shall include teaching participants about healthful food choices, balancing food and physical activity, and promoting behaviors recommended in the Dietary Guidelines for Americans. 4.4.3 The County Contractor for Registered Dietitian services shall provide input, review and approve the content of nutrition education prior to presentation. 4.4.4 Contractor shall develop an annual nutrition education plan which shall be implemented, monitored and kept on file. Exhibit A — Performance Work Statement City of National City Page 3 of 8 Contract # 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A — PERFORMANCE WORK STATEMENT 5. Target Population and Geographic Service Area Contractor shall provide services to individuals sixty (60) years old and older living throughout the County of San Diego. Priority shall be given to serving persons with the greatest economic or social needs, in particular low-income minority individuals. 5.1 Congregate dining site location, days of service, hours of service and type(s) of meal served (breakfast and/or lunch): Dining Site: George H. Waters Senior Nutrition Center, 1415 D Ave., National City, CA 91950 5.2 Home -delivered meal zip codes: 91950 6. Payment for Services 6.1 Contractor shall submit a monthly claim for the actual service deliverables for the prior month to the COR by the fifteenth (15th) of the following month. 6.1.1 Claims and data not submitted by the fifteenth (15th) of the month will not be processed for payment until all required information is submitted. 6.2 Funding Components; Fiscal Terms and Conditions. The Senior Nutrition Program is funded by the following components and follow the fiscal terms and conditions listed below: 6.2.1 Older Americans Act (OAA)/California Department of Aging (CDA) Title III Allocation. This funding is allocated as follows: 6.2.1.1 State of California C-1 Funding Stream. This is the fixed supplemental rate dollar amount for a portion of Contractor's congregate meals costs. Payments are monthly compensation payments to Contractor for the provision of congregate meals according to Exhibit A, Performance Work Statement. 6.2.1.2 State of California C-2 Funding Stream. This is the fixed supplemental rate dollar amount for a portion of Contractor's home -delivered meal costs. Payments are monthly compensation payments to Contractor for the provision of home -delivered meals according to Exhibit A, Performance Work Statement. 6.2.1.3 State of California B Funding Stream. This is the fixed supplemental rate dollar amount for a portion of Contractor's transportation costs. Payments are monthly compensation payments to Contractor for the provision of transportation (one-way trips) services according to Exhibit A, Performance Work Statement. 6.2.2 Nutrition Services Incentive Program (NSIP). This is the fixed supplemental rate dollar amount for incentive payments from the NSIP. NSIP payments are monthly incentives based on Contractor's ongoing high achievement based on the number of meals (C-1 and C-2) served during the prior contract year. This amount will be determined annually by the County, based on funds received from the State and Contractor's prior year's performance (i.e., meals served). NSIP funds shall be used to purchase food to be used in the Senior Nutrition Program and not to meet cost sharing or to match funds for any other federal program. Exhibit A — Performance Work Statement City of National City Page 4 of 8 Contract# 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A — PERFORMANCE WORK STATEMENT 6.2.3 One -Time -Only (OTO) Allocation. OTO allocations are one-time annual monetary awards for designated goods or services related to Title C-1, C-2 or B Programs, which are directly related to the Senior Nutrition Program, based on special cost reimbursement requests from Contractor. OTO awards are based on funds received from the State of California, and must be approved in advance by the County. Contractor shall procure the goods or services by utilizing competitive measures, and provide documentation of receiving three (3) or more quotes to substantiate fair and reasonable pricing. County will reimburse costs upon submission of receipts with the invoice in the month following the month in which the expenditure(s) occurred. 6.2.4 Contractor's program income, which is participant donations/contributions and guest fees. 6.2.5 Contractor's other revenue, such as fundraising. Said compensation is not designed to fully fund the Senior Nutrition Program. The fixed supplement rates are determined to offset the cost of providing services based on and subject to availability of funds from the State of California, California Department of Aging (CDA). The County shall have the authority to increase or reduce the contract compensation, via the issuance of a Unilateral Amendment, signed by the County's Director of Purchasing and Contracting, as required to execute 6.2.2 and 6.2.3 above. 7. General Requirements for Service Delivery 7.1 Contractor's services shall be based upon the California Code of Regulations, Title 22, The California Retail Food Code (CRFC) http://www.sdcounty.ca.gov/deh/food/pdf/publications cal.code.pdf, and, comply with the Division of Occupational Safety and Healthy (Cal/OSHA), Department of Industrial Relations requirements https://www.dir.ca.gov/dosh/ regarding staff and participant safety. 7.1.1 Contractor shall possess a valid health permit from the County of San Diego Department of Environmental Health http://www.sdcounty.ca.gov/deh/ for all food preparation sites. A copy of a valid health permit for a subcontracted Caterer must be kept on file onsite. 7.1.2 Food preparation is defined as packaging, processing, assembling, portioning, or any operation that changes the form, flavor or consistency of food. 7.2 Contractor shall comply with the Division of Occupational Safety and Health (Cal/OSHA), California Department of Industrial Relations requirements regarding staff and participant safety. All Contractor facilities are subject to inspection and approval. 7.3 Performance Expectations. Contractor shall maintain ninety-five percent (95%) compliance with service levels stated in this Agreement. A Performance Improvement Plan may be required to be submitted by Contractor if Contractor consistently (i.e., three (3) consecutive months or more) falls below ninety percent (90%) of the service levels. Service levels shall be reviewed monthly, quarterly, and annually by Contractor and County staff. Failure to bring service levels up to the contracted levels may result in re -negotiation of the contracted service levels or termination of the contract. The budget level will be revised to be commensurate with the lower level of service(s). Exhibit A —Performance Work Statement City of National City Page 5 of 8 Contract # 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A — PERFORMANCE WORK STATEMENT 7.4 Reference to AIS. All printed materials, publicity, and media outreach prepared or conducted by Contractor shall include a reference to Aging & Independence Services as a funding source. Copies of publicity materials related to programs identified in this contract shall be filed with Aging & Independence Services Contract Operations. 7.5 Match. Contractor is required to provide a minimum of a fifteen percent (15%) match for program costs in cash or in -kind income. 7.6 Cultural Competence and Diversity. Contractor shall support the County of San Diego, Health and Human Services Agency, and Aging & Independence Services through organizational and systematic practices demonstrating cultural competence and diversity. Contractor shall have an employee training plan that addresses these competencies. All services provided shall be oriented to meet the linguistic and cultural needs of the diverse clients to be served. 8. Specific Requirements for Service Delivery 8.1 Food Service. Contractor shall provide a hot or other appropriate meal that meets minimum nutrition requirements, served a minimum of five (5) or more days a week in a congregate setting. Meals to participants who are homebound must be made available every day of the year, although frozen meals for the weekend or holidays may be delivered during the week (see above for Title 22 link). Meals shall be prepared, served and delivered in a manner which complies with local public health laws and regulations. 8.2 Support Services. Contractor shall conduct outreach activities to ensure participation of eligible older persons, particularly those in greatest economic or social need. Contractor must develop or maintain coordination with other social services agencies and plan for and provide nutrition education services. 8.3 Advisory Role of Participants. Contractor shall have procedures for obtaining the views of participants regarding the services they receive. This may be implemented through the establishment of a Program Council or other advisory body of participants. 8.4 Staffing/Administration. Contractor shall maintain an adequate number of qualified persons to assure the satisfactory implementation of: program leadership; program planning; provision of nutrition services; outreach and other services; volunteer activities; financial and contract management; data collection for required federal, State and County reports and records. Notification of program changes must be made to the County within twenty-four (24) hours when said changes will affect the delivery of services to the participants. 8.4.1 Contractor shall comply with Title 22 Section 763(.3 Staff Qualifications. https://www.aging.ca.gov/ProgramsProviders/AAA/Nutrition/Cocie of Regulations/ 8.5 Meal Contributions by Eligible Participants. Eligible persons receiving nutrition services shall be given the opportunity to contribute to the costs of the service provided and shall determine for themselves what they are able to contribute. Contractor shall not deny services to any person because of failure to contribute. Methods to receive contributions shall ensure anonymity and protect the privacy and confidentiality of each recipient with respect to the recipient's contribution or lack of contribution. The minimum suggested donation shall be developed with input from the Program Council or other advisory body of participants. 8.5.1 Contractor shall establish written procedures to protect contributions and fees from loss, mishandling, and theft. Such procedures shall be kept on file at Contractor's site. Exhibit A —Performance Work Statement City of National City Page 6 of 8 Contract k 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A —PERFORMANCE WORK STATEMENT 8.5.2 Contributions are considered program income and shall be used to increase the number of meals served. 8.6 Meal Charges for Staff and Guests under Sixty (60) Years of Age. Contractor may serve meals to staff and guests under sixty (60) years of age if doing so will not deprive an eligible participant of a meal. These individuals shall pay at least the full cost of the meal. 8.6.1 Charges for meals are considered program income and shall be used to increase the number of meals served. 8.7 Records, Reports and Distribution Information. Contractor shall maintain a system for the collection of data that will accurately reflect the Contractor's program and financial operations, will meet requirements with respect to confidentiality, and fulfill the information required by this contract. 8.7.1 Contractor shall ensure that all employee who have access to confidential, sensitive, and or personal information of participants of this program complete annual Security Awareness Training via the CDA website. http://www.aging.ca.gov/ProgramsProviders Contractor is responsible for maintaining reification of completion of training on -site and will make verification available to COR upon request. 8.8 Holidays. A maximum of twelve (12) recognized holiday closings will be allowed per year. These holidays must be submitted in advance to the COR at the beginning of each fiscal year. Exceptions will be handled on a case -by -case basis. 8.8.1 If more than twelve (12) holiday closings are taken, Contractor must make up the days lost. 8.9 Data Collection and Reporting 8.9.1 Contractor shall utilize the AIS-identified Automated Data Collection System to: 8.9.1.1 Register and maintain all client demographic and assessment data for all active clients within each fiscal year. 8.9.1.2 Track and report all service unit delivery data (via bar-coding and manual data entry) within each fiscal year. 8.9.2 Contractor shall maintain and report accurate, daily meal counts, nutrition education and transportation units in the County -identified Automated Data Collection System. 8.9.3 Contractor shall submit monthly summary reports of the information listed above in 8.7 and claims to A1S Contract Operations by the fifteenth (15th) of the month following the month in which the services were provided. Claims will be paid upon successful determination of reconciled data as mentioned in paragraphs 8.9.1.1 and 8.9.1.2 above. 8.9.4 Contractor shall submit a completed report of actual costs expended for each service category at the end of each contract fiscal year for the term of the contract, as requested by the County, in the form and format as provided by AIS. 8.10 Customer Satisfaction Survey. Contractor shall annually obtain the views of participants regarding the services received through the development and utilization of a customer satisfaction survey which is to be pre -approved by the County. 8.10.1 Contractor shall provide a summary report of the results of the satisfaction survey to the COR by the fifteenth (156) of the month following the completion of the survey cycle. Exhibit A — Performance Work Statement City of National City Page 7 of 8 Contract # 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CDC, CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT A — PERFORMANCE WORK STATEMENT 8.10.2 Contractor shall achieve an overall "very satisfied" or "somewhat satisfied" rating from a minimum of ninety percent (90%) of clients with each Customer Satisfaction Survey. Contractor shall incrementally improve service each year to achieve this rating. 8.10.3 Contractor shall make all survey results available to COR upon request. 9. Disaster Preparedness 9.1 As a provider of critical services to seniors and persons with a disability during a disaster, Contractor shall: 9.1.1 Establish and maintain a disaster plan to ensure preparedness and the ability to continue to deliver services during and post -disaster. 9.1.2 Provide the County with the following: 9.1.2.1 Primary and secondary emergency contact phone numbers. 9.1.2.2 Status updates, upon request, during and post -disaster, including the following at a minimum: 9.1.2.2.1 9.1.2.2.2 9.1.2.2.3 Operability of sites and/or services. Services provided to the target population. Service capacity. 10. Live Well San Diego and Related Initiatives 10.1 Contractor shall provide County -supplied SNAP/CalFresh program information to all senior nutrition clients as the information is available. 10.2 Contractor shall ensure policies that support tobacco -free environments are in place, which includes: 10.2.1 Smoke -free entrances. 10.2.2 Smoke -free facilities (no designated smoking areas). 10.2.3 No smoking signs are posted. at all entrances/exits. 10.3 Contractor shall ensure staff are trained in elder abuse awareness and know how and when to report if they suspect an elder may have symptoms of abuse or neglect. Contractor may contact local law enforcement or 1-800-519-2020 to report suspected elder abuse. 10.4 Contractor will include, when feasible, the use of locally grown foods and identify potential partnerships and relationships with local producers and providers of locally grown foods. Exhibit A — Performance Work Statement City of National City Page 8 of 8 Contract # 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT B — VEHICLE USAGE AND INSURANCE & BONDING REQUIREMENTS This AGREEMENT is made by the COUNTY OF SAN DIEGO, HHSA, AGING & INDEPENDENCE SERVICES, herein called "AIS" and City of National City, called "Contractor." WHEREAS, Contractor desires to take possession from AIS, the following vehicles for its use under Contract Number 547767: 1. 2004 Ford Ranger Hotshot; VIN#IFTYRI1U24PB03143; License#1156571; County ID#338 2. 2008 Ford Ranger Hotshot; VIN#1FTYRIOU78PB01735; License#1315992; County ID#356 3. 2013 Ford F-150 Hotshot; VIN#1FTMF1CM5DFCI4067; License#1413787; County ID#381 AIS agrees to provide County Identification Numbers, subject to the requirements set forth below and AIS' grant/contract with our funding source, enabling Contractor to provide transportation services for seniors. NOW THEREFORE, AIS and Contractor agree as follows: 1. The vehicles shall be registered "San Diego County Aging & Independence Services" as the lien holder, and Contractor AND San Diego County Aging & Independence Services as registered owners. 2. Contractor shall be solely responsible for all maintenance, repair and proper usage of the vehicles, in accordance with the manufacturer's requirements and standards. Contractor is responsible for all repairs necessary as a result of normal operating usage and/or accident. Records of all maintenance and repairs will be maintained and made available to AIS upon request. 3. Contractor shall utilize the vehicles only for the purpose of transporting seniors to the congregate site/home-delivered meals to seniors and further uses as specified in the contract and/or addendum to this agreement. Any other use of these vehicles requires AIS written approval. 4. Contractor shall operate the vehicles only within the geographical San Diego County boundaries. Any requests to make outside trips must be submitted in writing to AIS for review before the trip is taken. 5. That, when possible, Contractor shall coordinate with other senior providers to maximize the availability of transportation to seniors. 6. That Contractor shall comply with all rules and regulations of the State of California Department of Motor Vehicles regarding the public transportation of passengers. 7. That AIS vehicles and all advertisement regarding the vehicles identify the County of San Diego, Aging & Independence Services as the provider of the vehicles. The AIS logo must be maintained, remain free of obstruction and clearly visible. Any damage to the logo must be repaired within (30) days at Contractor's expense. 8. That Contractor shall report to the County of San Diego, Aging & Independence Services within twenty-four (24) hours, any accidents in which the vehicles are involved, within ten (10) working days Contractor must submit a written report to AIS which includes a copy of the police report, the amount of damage and the steps to be taken by the Contractor to repair or replace the vehicles. 9. That on or before September 1, and on or before that date of each succeeding year in which the vehicles are used, Contractor shall file a report with AIS consisting of the vehicles log, the Exhibit B — Vehicle Usage and Insurance & Bonding Requirements City of National City Page 1 of 4 Contract # 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT B — VEHICLE USAGE AND INSURANCE & BONDING REQUIREMENTS vehicles maintenance record, and a general summary of the current condition and use of the vehicles and the current location at which the vehicles are being utilized. 10. That Contractor shall notify AIS immediately if the vehicles are stolen or otherwise not in Contractor's possession. 11. When Contractor determines they no longer can utilize the vehicles for their stated purposes, Contractor shall immediately contact AIS in writing and AIS will determine the vehicle's disposition. If it is determined that the vehicles are to be disposed of, Contractor shall be responsible for returning the vehicles to AIS, as directed by AIS staff. 12. That Contractor shall make available the vehicles for inspection to AIS or a County designee requested by AIS. 13. Contractor agrees to place AIS vehicle identification number decals on the vehicles as instructed. The identification numbers are to remain free of obstruction and if damaged shall be replaced at Contractor's expense within thirty (30) days. 14. Within thirty (30) days written notification, via Unilateral Amendment, County may terminate the provisions specific to vehicle possession and usage included in Exhibit B. ARTICLE 1 INSURANCE REQUIREMENTS FOR CONTRACTORS Without limiting Contractor's indemnification obligations to County, Contractor shall provide at its sole expense and maintain for the duration of this contract, or as may be further required herein, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the Contractor, his agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Commercial General Liability, Occurrence form, Insurance Services Office form CG000I. B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA0001. C. Automobile Physical Damage providing ACV Comprehensive and Collision on Program vehicles. D. Workers' Compensation, as required by State of California and Employer's Liability Insurance. 2. Minimum Limits of Insurance Contractor shall maintain limits no less than: A. Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Contractors Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be $2,000,000. B. Automobile Liability: $1,000,000 each accident for bodily injury and property damage. C. Automobile Physical Damage: Coverage shall include a Loss Payable clause to the County of San Diego. Maximum deductible of $2,500 per occurrence C. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego. Exhibit B — Vehicle Usage and Insurance & Bonding Requirements Contract # 547767 City of National City Page 2 of 4 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT B — VEHICLE USAGE AND INSURANCE & BONDING REQUIREMENTS The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification. 9. Review of Coverage County retains the right at any time to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. 10. Self -Insurance Contractor may, with the prior written consent of County Risk Management, fulfill some or all of the insurance requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to utilize such self-insurance if in the opinion of County Risk Management, Contractor's (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the lack of other insurance coverage required by this Contract. Contractor's utilization of self-insurance shall not in any way limit liabilities assumed by Contractor under the Contract. 11. Subcontractors' Insurance Contractor shall require that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractors coverage does not comply with the foregoing provisions, Contractor shall defend and indemnify the County from any damage, loss, cost or expense, including attorney fees, incurred by County as a result of Subcontractors failure to maintain required coverage. 12. Waiver of Subrogation Contractor and County release each other, and their respective authorized representatives, from any Claims (as defined in the Article entitled "Indemnity" of the Contract), but only to the extent that the proceeds received from any policy of insurance carried by County or Contractor, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of insurance provided by Contractor hereunder shall be a standard waiver of rights of Subrogation against County by the insurance company issuing said policy or policies. Exhibit B — Vehicle Usage and Insurance & Bonding Requirements City of National City Page 4 of 4 Contract 4 547767 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT C — PAYMENT SCHEDULE 1. COMPENSATION: The compensation listed below is not designed to fully fund the program. The fixed supplemental rates are developed annually based on funding and determined to offset the cost of providing services. These rates are subject to availability of funding from the State of California, California Department of Aging (CDA). A completed report of actual costs (closeout report) expended shall be submitted at the end of the fiscal year. 2. SERVICE UNITS AND RATES FOR FISCAL YEAR July 1, 2014 — June 30, 2015 Exhibit A Paragraph Reference Services Funding Source # of Service Units Fixed Supplemental Rate Total 4.1 Congregate Meals Title 1)I-C1 39,600 $4.26 $168,696 4.2 Horne -Delivered Meals Title �)I C2 19,800 $4.16 $82,368 4.4 Transportation Title III-13 (3) 1,680 $5.00 $8,400 6.2.2 Incentive Payments* NSIP-C I 39,600 S0.77 $30,492 6.2.2 Incentive Payments* NSIP-C2 19,800 $0.57 $11,286 6.2.3 One -time -only (OTO) OTO-C1, C2 NA NA $0 TOTAL $301,242 (1) State of California C-lfunding stream (2) State of California C-2 funding stream (3) State of California B funding stream *Nutrition Services Incentive Payment (NSW) dollar amounts are estimated ONLY and may be adjusted based on actual prior year number of meals served. **OTO funds are restricted to the purchase or repair of equipment and/or County -provided vehicles. Refer to Paragraph 6.2.3 ofExhibit A for additional restrictiolts/requirements. Exhibit C — Payment Schedule Contract H 547767 City of National City Page 1 of 1 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE SAN DIEGO COUNTY CONTRACT 547767, AND SUBSEQUENT AMENDMENTS, BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TOTALING $1,204,968 FOR THE NUTRITION CENTER PROGRAM WHEREAS, since 1979, the City of National City has provided nutrition services and home delivery meals programs for seniors at the George H. Waters Nutrition Center; and WHEREAS, the City of National City hereby desires to continue providing dining room meal services, home delivery meals service, and transportation to senior citizens 60 years and older; and WHEREAS, the County of San Diego has funded the Nutrition Center on an annual basis since 1979 for operational expenses; and WHEREAS, the Board of Supervisors allocated funding set forth in this Agreement for the purpose described in this Agreement to assist with the costs associated with the delivery of services by the Nutrition Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the Mayor to execute San Diego County Contract 547767, and subsequent amendments, between the County of San Diego and the City of National City for the Nutrition Center Program. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 1_4 ITEM TITLE: ;Resolution of the City Council of the City of National City authorizing the submittal of an application to the California State Department of Housing and Community Development for $1,000,000 and authorizing the Mayor to execute a Standard Agreement if selected for such funding, any amendments thereto, and any related documents necessary to participate in the CalHome Program. PREPARED BY: Carlos Aguirre, Community Dev. Mgr` PHONE: (619) 336-4391 EXPLANATION: ;The California Department of Housing and Community Development ("HCD") has issued a Notice of Funding Availability ("NOFA") for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the "statute"). Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004. Staff recommends submitting an application to obtain from HCD an allocation of CalHome funds in the amount of $1,000,000 for existing homeownership programs aimed at assisting low- and very low-income households. The City has not applied for CalHome funds before. DEPARTMENT: APPROVED sing, Grants, & Asset t. FINANCIAL STATEMENT: APPROVED: L-4,(1. ACCOUNT NO. To be determined if funds are granted. APPROVED: Finance MIS No General Funds will be used. Funding is provided through State CalHome funds. Staff expects to expend the funds within two years of receipt of award. ENVIRONMENTAL REVIEW: The 2010 CalHome application does not include the potential for a significant environmental effect, and therefore is not subjet to the California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution.] BOARD / COMMISSION RECOMMENDATION: Not applicable to the approval of the Resolution. ATTACHMENTS: RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR $1,000,000 AND AUTHORIZING THE MAYOR TO EXECUTE A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM WHEREAS, the California Department of Housing and Community Development ("HCD") has issued a Notice of Funding Availability ("NOFA") for the CalHome Program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the "statute"); and WHEREAS, the City of National City wishes to apply and receive an allocation of funds through the CalHome Program; and WHEREAS, pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome Program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and WHEREAS, staff recommends submitting an application to obtain from HCD an allocation of CalHome Program funds in the amount of $1,000,000 for existing homeownership and home rehabilitation programs aimed at assisting low- and very low-income households. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the submittal of an application to the California State Department of Housing and Community Development for $1,000,000 and authorizes the Mayor to execute a Standard Agreement, if selected for such funding, any amendments thereto, and any related documents necessary to participate in the CalHome Program. PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO. J ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subgrant Agreement not to exceed $200,000 to the Community Development Commission -Housing Authority and authorizing the establishment of appropriations and the corresponding revenue budget for the remediation of hazardous materials at 2100 Hoover Avenue - Westside Infill Transit -Oriented Development project — Phase 2 (Funded by the US Environmental Protection Agency),I PREPARED BY: Raymond Pe / DEPARTMENT: Plan PHONE: 336-4421 APPROVED BY• EXPLANATION: On October 1, 2009, the US Environmental Protection Agency (EPA) granted the City $1,000,000 to establish the Revolving Loan Fund (RLF) for the remediation of sites contaminated with hazardous materials and/or petroleum. Under the terms of the EPA grant, eligible recipients can receive subgrants for the remediation of eligible sites. The Westside Infill Transit -Oriented Development project will require environmental remediation with an estimated budget of over $1,500,000 for site remediation, demolition, and soils removal. The EPA has reviewed and approved the eligibility of the site and the proposed subgrant of up to $200,000 for remediation on the Phase 2 site (92 units), which is owned by the Community Development Commission -Housing Authority. FINANCIAL STATEMENT: ACCOUNT NO. 1 Revenue 523-00000-3498 Expenditure 523-409-500-598-1596 ENVIRONMENTAL REVIEW: ;Not applicable. ORDINANCE: INTRODUCTION: APPROVED: Brownfield Grant WI-TOD Site Remediation FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: 'Not applicable. ATTACHMENTS: Proposed subgrant agreement. EPA SUBGRANT AGREEMENT (Westside Infill Transit -Oriented Development Project — Phase 2) This EPA Subgrant Agreement (Westside Infill Transit -Oriented Development Project — Phase 2), dated for purposes of identification only as of June 17, 2014 (the "Date of Agreement"), is made and entered into by and between the City of National City, a public body, corporate and politic, (the "CITY") and the Community Development Commission - Housing Authority of the City of National City, a public body, corporate and politic, (the "SUBGRANTEE"). RECITALS A. The CITY is the recipient of certain funds from the United States Environmental Protection Agency (the "EPA") which have been used to establish and administer a revolving loan fund (the "Revolving Loan Fund") from which the CITY is authorized to make subgrants to entities willing to undertake remediation and mitigation of hazardous substances on brownfields. B. The SUBGRANTEE is the owner of that certain real property generally located at 2100 Hoover Avenue in the City of National City, California (the "Property"); the Property is depicted on the "Map" and described in the "Legal Description" which are attached hereto as Exhibit "A" and Exhibit "B", respectively, and incorporated herein by this reference. C. Certain hazardous substances have been identified in the soil of the Property, having been deposited or released thereon or therein prior to the date on which the SUBGRANTEE acquired the Property, and the SUBGRANTEE has not caused, contributed to, permitted or exacerbated the release of hazardous substances on, in or from the Property, has not been subject to any penalties resulting from environmental non-compliance related to the Property, and is not a generator or transporter of hazardous contamination at or to the Property. D. A Property Mitigation Plan (the "PMP"), pending final approval from the California Department of Toxic Substances Control, prepared in accordance with the Development Agreement, sets forth the necessary actions to remediate and mitigate hazardous substances identified in the soil of the Property. E. The CITY has determined that, due to the potential residual contaminants located in the soil at the Property, a hazardous condition requires the mitigation set forth in the "PMP" which is incorporated herein by this reference (the "Mitigation Project") in order for Property to be redeveloped as the Apartments. F. SUBGRANTEE, while willing to undertake the Mitigation Project, has requested that the CITY provide a subgrant of the Revolving Loan Funds (hereinafter defined as the "Subgrant") in order to do so. 1 G. The SUBGRANTEE is a public body, corporate and politic and the Property is not listed, nor proposed to be listed, on the EPA's National Priorities List; therefore, the SUBGRANTEE is eligible to receive the Subgrant. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND SUBGRANTEE AGREE AS FOLLOWS: 1. The City Manager of the CITY is authorized to act on behalf of the CITY in order to implement or to satisfy the requirements of the EPA Cooperative Agreement. 2. The CITY has designated a qualified environmental project manager who shall review and approve the Mitigation Project and coordinate the work to be performed using the Revolving Loan Funds. The CITY's environmental project manager will review the SUBGRANTEE's mitigation planning, design, and engineering documents (the "Project Documents") and review the activities as they are ongoing to ensure that the Mitigation Project is being completed in accordance with all Federal, State, and local requirements and is protective of human health and the environment. 3. The CITY shall ensure that all public participation requirements are met. This includes public notifications, opportunities for public involvement, responses to comments and establishing a local information repository. 4. The CITY agrees to grant to SUBGRANTEE up to Two Hundred Thousand Dollars ($200,000.00) of Revolving Loan Funds to be used to implement the Mitigation Project. All proceeds of the Subgrant shall be held by the CITY and disbursed upon receipt of written invoices and documentation to the reasonable satisfaction of the CITY. 5 The term of the subgrant shall be a period of one (1) year from the date of the City's execution of this Agreement. 6. The SUBGRANTEE has prepared a cost estimate for the Mitigation Project (the "Project Budget"), attached hereto as Exhibit "C", which has been approved by the CITY. 7. The Subgrant shall be payable to the SUBGRANTEE as a reimbursement for allowable expenses incurred based upon the progress of the work and in accordance with the approved Project Budget. 8. The SUBGRANTEE will carry out the Mitigation Project in accordance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 104(k); Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Govemments (40 CFR Part 31); 2 and all other applicable provisions of Federal, State or local law. 9. The SUBGRANTEE represents that none of the contractors or subcontractors undertaking the Mitigation Project is currently suspended, debarred, or otherwise declared ineligible for participation in this Federal program or from the receipt of proceeds of the subject funds. 10. The SUBGRANTEE shall carry out the Mitigation Project in accordance with the Davis -Bacon Act of 1931, which requires payment of Federal prevailing wage rates for federally funded construction, repair or alteration work. 11. The SUBGRANTEE shall comply with Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4 relating to federally assisted construction contracts. 12. The SUBGRANTEE shall grant the CITY the right to enter the Property to oversee Mitigation Project implementation at any time. Whenever possible, CITY shall provide advance notice to SUBGRANTEE prior to entering the Property. 13. The SUBGRANTEE shall provide mitigation design and engineering documents to the CITY's designated environmental project manager for review and approval. 14. The SUBGRANTEE understands and agrees that all Subgrant funds provided by CITY shall only be used to mitigate hazardous conditions within the Property. 15. The SUBGRANTEE further understands and agrees that the receipt of any Subgrant funds and all work performed on the Property using Subgrant funds are conditioned upon the SUBGRANTEE's full compliance with the Project Documents and this Subgrant Agreement. 16. SUBGRANTEE agrees to document and keep separate all expenditures of the Subgrant funds within the approved Project Budget. SUBGRANTEE shall not exceed any of the costs shown in the approved Project Budget. It is the responsibility of the SUBGRANTEE to pay any costs of the Mitigation Project that exceed the Subgrant amount. 17. SUBGRANTEE shall commence work on the Mitigation Project within ninety (90) days from the date of execution of this Subgrant Agreement and shall complete and perform all work on the Mitigation Project in accordance with the Description of Work. 18. All work on the Mitigation Project performed pursuant to this Subgrant Agreement and with Subgrant funds shall be performed in a good and workmanlike manner. 3 19. All changes or modification to the Mitigation Project or the Project Documents shall be approved in writing by the CITY's City Manager or her designee prior to such change or modification becoming effective. All additional costs incurred as the result of any Change Orders shall be subject to prior written approval of the CITY. In the event that unforeseen conditions are discovered during the Mitigation Project implementation, the CITY reserves the right to require the SUBGRANTEE to revise the mitigation plans and the Project Documents. 20. SUBGRANTEE, at its sole cost and expense, and from sources other than the Subgrant funds, shall be responsible for obtaining all permits, licenses, approvals, certifications and inspections required by Federal, State or local law and to maintain such permits, licenses, approvals, certifications and inspections in current status during the term of this Agreement. 21. The SUBGRANTEE shall: a. Notify the CITY when the Mitigation Project is complete. The notice shall contain certification or documentation that the mitigation of hazardous conditions has been performed in accordance with the terms of this Subgrant Agreement. This closeout documentation shall summarize the actions taken, the resources committed, the problems encountered in completion of the Mitigation Project, if any, and document that the Mitigation Project is complete. This documentation shall be submitted to CITY's designated environmental project manager for review and approval. b. Perform all of its obligations under this Subgrant Agreement, and any other agreements or instruments to which the SUBGRANTEE is a party and which relate to this Subgrant Agreement or to the Mitigation Project. 22. Any forbearance by the CITY with respect to any of the terms and conditions of this Agreement shall in no way constitute a waiver of any of CITY's rights or privileges granted hereunder. 23. In the event of a default of any of the terms or conditions of this Subgrant, Agreement, then, the SUBGRANTEE shall forfeit use of the Subgrant funds. 24. The SUBGRANTEE agrees to maintain financial and programmatic records pertaining to all matters relative to this Subgrant Agreement in accordance with generally accepted accounting principles and procedures. All such records and supporting documents shall be made available, upon request, for inspection or audit by the CITY or its representatives. The SUBGRANTEE shall retain all of its records and supporting documentation applicable to this Subgrant Agreement for a period of three (3) years except records that are subject to audit findings, which shall be retained three (3) years after such findings have been resolved. 4 25. The SUBGRANTEE agrees to permit the CITY or its designated representative to inspect and/or audit its records and books relative to this Agreement at any time during normal business hours and under reasonable circumstances and to copy therefrom any information that the CITY desires relevant to this Agreement. The CITY shall provide written notice to the SUBGRANTEE prior to the implementation of this provision. The SUBGRANTEE agrees to deliver the records or have the records delivered to the CITY or its designated representative at an address designated by such party. If the CITY or its representative finds that the records delivered by the SUBGRANTEE are incomplete, the SUBGRANTEE agrees to pay the CITY or its representative's cost to travel to the SUBGRANTEE's office or other location where the books or records are located to audit or retrieve the complete records. 26. The SUBGRANTEE will comply with the statutes prohibiting discrimination on the grounds of race, color, national origin, sex and disability. In addition, the SUBGRANTEE will undertake good faith efforts to give opportunities for qualified Small Business Enterprises (SBE), Minority Business Enterprises (MBE) and Women -Owned Business Enterprises (WBE) to submit proposals, bids, and provide services on contracts and subcontracts for services and supplies. The SUBGRANTEE shall submit a report of such efforts on the City -provided form. 27. The SUBGRANTEE agrees to protect, indemnify, defend and hold harmless, the CITY, its officers, administrators, agents, servants, employees and all other persons or legal entities to whom the SUBGRANTEE may be liable from, for or against any and all claims, demands, suits, losses, damages, judgments, costs and expenses, whether direct, indirect or consequential and including, but not limited to, all fees, expenses and charges of attorneys and other professionals, court costs, and other fees and expenses for bodily injury, including death, personal injury and property damage, arising out of or in connection with the performance of any work or any responsibility or obligation of the SUBGRANTEE as provided herein and caused in whole or in part by any act, error, or omission of the SUBGRANTEE, its agents, servants, employees or assigns. 28. The SUBGRANTEE shall not assign or attempt to assign directly or indirectly, any of its rights under this Subgrant Agreement or under any instrument referred to herein without the prior written consent of the CITY. 29. This Subgrant Agreement is not intended to create or vest any rights in any third party or to create any third party beneficiaries. 30. All amendments to this Subgrant Agreement shall be in writing and signed by both parties hereto. 31. It is expressly understood that a failure or delay on the part of the SUBGRANTEE in the performance, in whole or in part, or any of the terms of this Subgrant Agreement, if such failure is attributable to an Act of God, fire, flood, 5 riot, insurrection, embargo, emergency or governmental orders, regulations, priority, or other limitations or restrictions, or other similar unforeseen causes beyond the reasonable control of such party, the failure or delay shall not constitute a breach or default under this Subgrant Agreement; however, the SUBGRANTEE shall use its best effort to ensure that the Mitigation Project is completed in a reasonable time without unnecessary delay. 32. The provisions of this Subgrant Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 33. No failure of either party to exercise any power or right given it hereunder or to insist on strict compliance by the other party with its obligations hereunder shall constitute a waiver of the other party's right to demand at any time exact compliance with the terms hereof. 34. All notices, requests, instructions or other documents to be given hereunder to either party by the other shall be in writing and delivered personally or sent by certified or registered mail, postage prepaid, to the addresses set forth in this Subgrant Agreement. Any such notice, request, instruction or other document shall be conclusively deemed to have been received and be effective on the date on which personally delivered or, if sent by certified or registered mail, on the day mailed to the parties as follows or to such other address as a party may subsequently specify in writing to the other party: To the CITY: CITY OF NATIONAL CITY City Manager 1243 National City Boulevard National City, California 91950 To the SUBGRANTEE: HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY Executive Director 1243 National City Boulevard National City, California 91950 35. This Subgrant Agreement and all covenants, agreements, representations and warranties made herein shall survive the execution of this Subgrant Agreement and shall continue in full force. 36. If any provision or item of this Subgrant Agreement is held invalid, such invalidity shall not affect other provisions or items of this Subgrant Agreement which can be given effect without the invalid provisions or items, and to this end, the provisions of this Subgrant Agreement are hereby declared severable. 6 6 s ,o s '4 I ' 1 40' ' 40 AO 20TH STREET 40' NOT A PART OF THIS SUBDIVISION KO' AO i+iirfll ' 40' 1 EXHIBIT A PROJECT LOCATION 40' larq STREET 40' hot A PART OF HIS SUBDIVISION IO ROTH STREET A0' PARCEL 3 S9D10 SC si ]10 4i Mkt OI.9 COMMIX 14AP-Y8 Ryn:A:.N PARCEL 4 1.1$4 O. rl. 7.601 NAGS row-- C63.0.91 SPAS QTi P'h HOOVER TO DE DEDICATED' PARCEL 1 <mos S0. 31. 4,143 IDit5 20611. I001-9 KLL.n-UE WWcwu ACyy01t*I -J It I/ODYER TO REMAIN n iw ( L AO' IN. - VACATED I 59 40' 1I 1 I 1 1 o PARCEL 2 , T:96 I II Ba007 1Q 9t. NAS M4 1KA-9 K:LA-L4 1 WPM. IESCOO N 1 I— ISOS_TI9td_-_.—,_ COOPER TO DE VACATED HOOVER TO BE VACATED HARDINC +.1+'- iv»see•. TO BE VACATED +-i+s� 40' 22VD STREET AO 40' 8 EXHIBIT B LEGAL DESCRIPTION PARCEL 2: PORTIONS OF BLOCKS 86. 85 AND 84 IN THE CITY OF NATIONAL CITY COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY OCTOBER I TOGETHER WITH A PORTION OF 21ST STREET VACATED AND 20TH STREET VACATED DESCR FOLLOWS:. BEGIMING AT POINT 'A' AS DESCRIBED ABOVE; THENCE SOUTH 7712'08" WEST 182.86 FEET; THENCE NORTH 1743'08' WEST 352.88 FEET; THENCE NORTH 19'34'38" EAST 92.41 FEET; THEME NORTH T8'15'31" EAST 172.78 FEET; THENCE NORTH 2337'12" EAST 37.08 FEET TO A POINT IN THE SSOUTH�ERLYMAL NG SAIDWAY RIIGHT OF SOUTH HAVINGVENUE 7448'25" EAST HALF 09.35 FEET; THEF 40.00 NCE THENCE 1745'42' EAST 384.46 FEET TO POINT "A'. 9 EXHIBIT C PROJECT BUDGET Environmental Remediation-Uses WITOD Site Remediation, Demolition, and Soils Removal $ 1,513,000 Total Uses- WITOD Demolition, Remediation, & Soils Removal $ 1,513,000 Environmental Remediation-Sources EPA Grant (allowable remediation costs on Phase I (Parcel 1) housing site only) City Redevelopment Funds Site Infrastructure Agreement- City Funds $ 200,000 $ 850,000 $ 463,000 Total Sources-WITOD Demolition, Remediation, & Soils Removal $1,513,000 10 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUBGRANT AGREEMENT NOT TO EXCEED $200,000 TO THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY AND AUTHORIZING THE ESTABLISHMENT OF APPROPRIATIONS AND THE CORRESPONDING REVENUE BUDGET FOR THE REMEDIATION OF HAZARDOUS MATERIALS AT 2100 HOOVER AVENUE - WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT PROJECT — PHASE 2 WHEREAS, the CITY has been granted One Million Dollars ($1,000,000) by the United States Environmental Protection Agency ("EPA") to assist with the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, the Community Development Commission -Housing Authority owns a contaminated property located at 2100 Hoover Avenue and has applied to use said grant funding for necessary remediation; and WHEREAS, the EPA has determined that the site and Community Development Commission -Housing Authority are eligible to use a sub -grant of up to $200,000 from the City's grant funds to perform said remediation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Subgrant Agreement by and between the City of National City and the Community Development Commission -Housing Authority of the City of National City granting an amount not to exceed $200,000 for remediation of hazardous materials on the site at 2100 Hoover Avenue. PASSED and ADOPTED this 17th day of June, 2014. 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 "EETING DATE: June 17, 2014 AGENDA ITEM NO. 16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City (Buyer) to piggyback the City of Tucson's RFP Contract #120535 Groundskeeping, Golf, and Sports Field Maintenance Equipment with The Toro Company, and award the purchase of two riding TORO Groundmaster 3280D lawnmowers and associated parts to Turf Star, Inc. in the amount of $41,517.23 for the Parks Division, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (6191336-4383 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. 644-416-227-511-0000 ($40,000.00) 105-416-227-511-0000 ($1,517.23) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: `�lA' APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Equipment Quote from Turf Star 3. Resolution EXPLANATION On March 4, 2014, via City Council Resolution No. 2014-28, the City Council authorized an appropriation increase of $40,000 to be funded from the Equipment Replacement Reserve Fund fund balance for the replacement of two existing TORO riding lawnmowers used to maintain City owned park space. This request was unanimously approved by the CIP Committee prior to City Council approval. The riding mowers are more than 20 years old and have required numerous repairs in recent years. Based on the overall reliability, performance and extended life cycles of the two existing TORO riding lawnmowers, staff desires to purchase two new TORO riding lawnmowers. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback the City of Tucson's RFP Contract #120535 Groundskeeping, Golf, and Sports Field Maintenance Equipment with The Toro Company (effective November 27, 2012 through November 26, 2014), to allow for the purchase of two new riding TORO Groundmaster 3280D 2WD Diesel 24.8 HP lawnmowers and associated parts. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the City of Tucson's RFP Contract #120535 Groundskeeping, Golf, and Sports Field Maintenance Equipment with The Toro Company was competitively bid through a Request for Proposals (RFP) process, and that the City of Tucson's procurement procedures are in substantial compliance with those of National City. Staff recommends awarding the purchase of the two new TORO riding lawnmowers and associated parts to Turf Star, Inc., since they are a certified Toro Commercial Equipment Domestic Distributor, with local offices in Vista, CA. Therefore, staff requests that City Council authorize the City (Buyer) to piggyback the City of Tucson's RFP Contract #120535 Groundskeeping, Golf, and Sports Field Maintenance Equipment with The Toro Company, and award the purchase of two riding TORO Groundmaster 3280D lawnmowers and associated parts to Turf Star, Inc. in the amount of $41,517.23 for the Parks Division, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing. The additional $1,517.23 needed to fund the purchase is available through the Parks Division's Maintenance and Operations budget. Quotation for City of National City Date: February 6, 2014 Quote No:3269995-00 Prepared For: , Miguet D az Quote No: 3269995- City of National City iQuote No: 1734920 2100 Hoover Avenue Sales Person: Chris Chartier National City, CA 91950 chrischartier@turfstar.com (760) 597-6041 National IPA Pricing: Contract 120535, IPA Membership required. Configuration Name 010-Groundsmaster 3280D 2WD Diesel 24.8HP Summary Qty Unit Price Sub Total Sales Tax Total 2 $20,758.62 $38,089.20 $3,428.03 $41,517.23 Totals: $41,517.23 Unit price reflects state and local taxes, if applicable 11Page Date: February 6, 2014 Quotation for City of National City Quote No:3269995-00 Configuration Product Details 010-Groundsmaster 3280D 2WD Diesel 24.8HP Model Product Description Qty Unit Price Extended Sales Tax Total 30344 Groundsmaster 3280D 2WD Diesel 24.8HP 2 $13,967.30 $27,934.60 $2,514.12 $30,448.72 30366 60in Side Discharge Deck 2 $3,568.27 $7,136.54 $642.29 $7,778.83 108-1960 KIT -HIGH TIP SPEED 2 $195.57 $391.14 $35.21 $426.35 N 110-4703-03 BLADE -ROTARY, ATOMIC (20.5) 6 $19.71 $118.26 $10.64 $128.90 30313 Air Ride Suspension 2 $529.41 $1,058.82 $95.29 $1,154.11 30398 Mitsui Seat 2 $347.21 $694.42 $62.49 $756.91 30707 ARMREST KIT 2 $133.72 $267.44 $24.07 $291.51 108-9687 ARMREST ADAPTOR KIT, GM3 280D/3320 2 $36.66 $73.32 $6.60 $79.92 30382 12 volt power port 2 $116.52 $233.04 $20.98 $254.02 120-5179 COVER-SEAT,LARGE 2 $26.63 $53.26 $4.79 $58.05 30051 MVP FILTER KIT-GM3280D ( 2008-) 2 $64.18 $128.36 $11.55 $139.91 Totals: $41,517.23 2IPage Quotation for City of National City Date: February 6, 2014 Quote No:3269995-00 3jr age Quotation for City of National City Date: February 6, 2014 Quote No:3269995-00 Standard Terms and Conditions Prices, including all finance options, are valid for 30 days from date of quotation. Open Account Terms are N30, subject to credit approval. Used and demo equipment is in high demand and availability is subject to change. Delivery is FOB Destination, unless otherwise stated Wage 1J1fji!t;w Count on it. Groundsmaster 3280.D 3320: • 28 hp l20.9 kW) Kuhota diesel engine or 32 hp (23.9kiWJ) Srigg; Stratton /Daihatsu gliS engine • 7-gauge welded steel cutting decks • Guardian He cvc!cr, side or mar dhchan-7r cutting duck, • 2WD or 4WD mrodet, • d,11-uea6on at tachinen; , Toro$ ushers in a new era of rotary trim mowers with the introduction of the Groundsmaster' 3280-D and Groundsmaster 3220. These new, ail -purpose mowers embody the Toro standard for durability, yet are Tined to meet today's more stringent cutting demands. The industry's toughest spindle assembly. Toro spindle assemblies are tested to take a beating that would destroy most spindle assemblies. A cast iron housing with a massive 9" (23 cm) diameter base absorbs impacts and distributes the Toad across the robust deck shell. Pius, Timkire tapered roller bearings last up to six times longer than ball bearings. -6- The Groundsmaster 3280-D and 3320 feature seven durable deck options for high-perlormance cutting in any condition. They stand up to the rigors of everyday use with high -strength 7-gauge welded steel construction that resists cracking and sand abrasion. In fact, Toro decks are 33% thicker and 75% stronger than competitive decks made from ordinary 10-gauge steel* Available deck configurations include: • Side Discharge 72" (183 cm) or 60" (152 cm) • Rear Discharge 72" (183 cm) or 62 (157 cm) • Guardian" Recycler 72" (183 cm) or 62" (157 cm) *Comparison based on 7-gauge high -strength steel versus ordinary 10-gauge commercial steel. -7- Bull -nose Bumper — This unique design provides durability and minimizes blowout of grass and dust. The leading edge is raised 1/1' (64 mm) so grass stands up straight for a cleaner cut. Side Discharge Decks - The patent pending adjustable front baffle allows you to fine tune the deck performance to meet changing turf conditions. The baffle position adjusts in a matter of seconds with no tools required. The patent pending rubber discharge deflector disperses clippings evenly while protecting tree bark from damage. Guardian Recycler Decks - A patented vertical discharge system offers improved safety and dipping management by forcing clippings to be cut and re -cut. Recycler decks also can be easily converted to rear discharge with optional kit for added versatility. Rear Discharge Decks - The shallow deck design removes clippings quickly allowing the cutting chambers to accept more grass for increased productivity. Rear discharge decks can be easily converted to Guardian Recycler with optional kit for added versatility. Power to perform. The new Groundsmaster 3280-D and 3320 are everything all-purpose mowers should be. The 3280-D packs a 28 hp (20.9 kW) Kubota diesel engine that tackles the toughest jobs with power to spare. The 3320 delivers 32 hp (23.9 kW) for those who prefer gas engines. The proven PTO drive system delivers power to the cutting deck and optional attachments smoothly and efficiently for long life. Available 4WD plus an innovative counter balance system provide secure footing on any terrain. BOPS hard cab Snowthrower Rotary broom Debris blower Atomic® Mulching blades Also available: Leaf mulcher, sunshade, V-plow, dozer blade, air ride seat suspension, collection system, Guardian Recycler conversion kit, rear discharge conversion kit, side discharge high -tip speed kit All -day comfort. Operator comfort and safety played a critical role in the design of these new Toro mowers. Abundant leg room, available air ride seat suspension, 12V power outlet, ergonomic controls, and a tilt steering wheel enable operators The standard ROPS not only provides rollover protection, it folds down for storage and trailer transport. to be more comfortable and productive. The large -capacity fuel tank, built-in cup holder and storage compartment are just some of the other user -focused designs. -9- (Iris for Groundsmaster® 3280-D & 3320 Engine Model: 3280-D: Kubota® 3-cylinder, 3320: Briggs & Stratton./Daihatsu? 3-cylinder Rating: 3280-D: 28 hp (20.9 kW) gross, 26 hp (19.5 kW) net; 3320: 32 hp (23.9 kW) gross, 24.9 hp (18.6 kW) net Displacement: 3280-D. 68.5 cu. in. (1.1 liter) Fuel: 3280-D: Diesel; 3320: Unleaded Gasoline Fuel capacity: 3280-D: 11.3 gallon (42.8 liter) 3320: 11.3 gallon (42.8 liter) Cooling: Liquid Traction Unit Drive: 2WD: Hydrostatic U-type transmission; 4WD: On -demand, bi-directional overrunning clutch Brakes: Individual drum type, dynamic braking traction drive Steering: Power Gauges: Hour meter, fuel, temperature, oil pressure, water temperature, amps, glow plug (3280-D only) Controls: foot -operated traction and brake pedals. Hand -operated throttle, brake lock, ignition switch Seat suspension options: mechanical or air ride ROPS: Standard foldable Electrical Battery: 12 volt, 530 CCA Alternator: 40 arnp interlock: High water temperature Tires Front traction: 23 x 9.5-12 with demountable rims Rear steering: 2WD:16 x 6.5-8; 4WD: 18 x 6.5-8, tubeless, 4-ply Dimensions Width: 3280-D: 47" (119 cm), 3320: 47' (119 cm) Length: 3280-D: 83.5" (212 cm),3320: 85" (216 cm) Height: 3280-D, 3320. 56" w/RODS down (142 cm), 77^ w/BOPS up (195 cm) Wheelbase: 3280-0: 46" (117 cm), 3320: 47.5" (121 cm) Ground Speed 0-lomph (16.1 km/h) Cutting Units 72" Cutting Units Model 30368: 72" Side Discharge with adjustable front baffle and 5/ia" (8 mm) rubber discharge chute Model 30369: 72" Rear Discharge Model 30379: 72" Guardians Recycler? Type: 3-blade, front mounted rotary Width of cut: 72" (183 cm) Height of cut: Side and Rear Discharge 1-5" (2.5-12.7 cm), Recycler 1.5-5" (3.8-12.7 cm), all are adjustable front and rear in .5" (12.7 mm) increments Mowing rate: 3.6 acres/h (1.46 hectares/h) at 5 mph (8 km/h) Construction: 7-gauge welded steel 62" Cutting Units Model 30367: 62" Rear Discharge Model 30376: 62" Guardian® Recycler® Type: 3-blade, front mounted rotary Width of cut: 62 (157 cm) Height of cut: 1.5-5" (3.8-12.7 cm), adjustable front and rear in 5" (12.7 mm) increments Mowing rate: 3.1 acres/h (1.25 hectares/h) at 5 mph (8 km/h) Construction: 7-gauge welded steel 60"Cutting Unit Model 30366: 60" Side Discharge with adjustable front battle and 5/is" rubber discharge chute Type: 3-blade, front mounted rotary Width of cut:60" (152 cm) Height ofcut: 1-5" (2.5-13 cm), adjustable front and rear in .5" (12.7 min) increments Mowing rote: 3.0 acres/h (1.22 hectares/h) at 5 mph (B km/h) Construction: 7-gauge welded steel S2" Cutting Unit Model 3055S: 52" Side Discharge with steel discharge chute Type: 3'blade, front mounted rotary Width of tut: (132 cm) Height of cut:1-4" (2.5-10.2 cm), adjustable front and rear in .5" (12.7 mm) increments Mowing rote: 2.6 acres/h (1.1 hectares/h) at 5 mph (8 km/h) Construction:12-gauge, welded steel w/7-gauge support brackets Warranty: Two-year limited TOROe PROFESSIONAL SERVICES, Toro financing A full service offering for all your equipment and irrigation purchases. Flexible financing options can be tailored to meet your operational needs. Toro Protection Plus Extended Protection Plan Protect your budget and your equipment investment. Plans are available for both new and used equipment, and you can choose from various terms to fit your financing terms. Toro Genuine Parts Keep the productivity and performance of your equipment at its peak. Learn about Performance Parts pricing and MVP kits. Find replacement parts online at Toro.com/partsviewer. Toro Training 'Toro Factory Service Schools are available. Explore the training and customer care areas of Toro.comand ToroNSN.com for readily available education and training materials. Toro Controller Repair Provides irrigation controller boards ready for immediate board exchange to assure that downtime is minimal and your turf stays protected. Toro is the choice for reliability. Toro NSW' An industry -first support network that provides reliable, around -the -clock irrigation central control system troubleshooting and operation assistance. Call 1-800-ASK-TORO. Products depicted in this brochure are for demonstration purposes only. Actual products offered for sale may vary. 02005 The Toro Company, 8111 Lyndale Ave. S., Bloomington, MN 55420-1196 Part No. 05-040-T. Printed in U.S.A. Toro.com TURD. Count on It. -10- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY TO PIGGYBACK THE CITY OF TUCSON'S RFP CONTRACT #120535 GROUNDSKEEPING, GOLF, AND SPORTS FIELD MAINTENANCE EQUIPMENT WITH THE TORO COMPANY, AND AWARD THE PURCHASE OF TWO RIDING TORO GROUNDMASTER 3280D LAWNMOWERS AND ASSOCIATED PARTS TO TURF STAR, INC., IN THE AMOUNT OF $41,517.23 FOR THE CITY'S PARKS DIVISION, CONSISTENT WITH SECTION 2.60.260 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING COOPERATIVE PURCHASING WHEREAS, on March 4, 2014, the City Council adopted Resolution No. 2014-28 authorizing an appropriation increase of $40,000 to be funded from the Equipment Replacement Reserve Fund fund balance for the replacement of two existing TORO riding lawnmowers used to maintain City owned park space; and WHEREAS, City's the existing riding lawnmowers are more than 20 years old and have required numerous repairs in recent years; and WHEREAS, based on the overall reliability, performance, and extended life cycle of the two existing TORO riding lawnmowers, staff recommends purchasing two new TORO lawnmowers and associated parts; and WHEREAS, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, there is an opportunity to piggyback the City of Tucson's RFP Contract #120535 Groundskeeping, Golf, and Sports Field Maintenance Equipment with The Toro Company (effective November 27, 2012 through November 26, 2014), to allow for the purchase of two new riding TORO Groundmaster 3280D 2WD Diesel 24.8 HP lawnmowers and associated parts; 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; and WHEREAS, staff requests authorization to piggyback the City of Tucson's RFP Contract #120535 Groundskeeping, Golf, and Sports Field Maintenance Equipment with The Toro Company, and award the purchase of two riding TORO Groundmaster 3280D 2WD Diesel 24.8 HP lawnmowers and associated parts to Turf Star, Inc., in the amount of $41,517.23, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the City of Tucson'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 two riding TORO Groundmaster 3280D 2WD Diesel 24.8 HP lawnmowers and associated parts from Turf Star, Inc.., in the amount of $41,517.23 for the City's Parks Division. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 17th day of June, 2014. 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 '1EETING DATE: June 17, 2014 AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project, Specification No. 13-05, 2) authorizing a 15% contingency in the amount of $25,738.95 for any unforeseen changes, and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: //io FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 001-409-500-598-1593 (Kimball Tower Rehab) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The Kimball Tower Boiler Replacement Project, CIP No. 13-05, will deliver new and replacement mechanical components for improved hot water delivery for the Kimball Tower Senior Housing Building at 1317 "D" Avenue. The scope of work is intended to improve the overall efficiency of the heating plant and domestic water heating equipment, and allow for code compliance and safety enhancements. In May 2014, the bid solicitation was advertised in local newspapers and posted on the City's website. On June 3, 2014, four sealed bids were received by the deadline, opened, and publicly disclosed. ACCO Engineered Systems was the apparent low bidder with a total bid amount of $171,593.00. Upon review of all documents submitted and reference checks, ACCO Engineered Systems' bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a line -item summary of the three lowest bidders. Staff recommends the following: 1) award a contract in the not -to -exceed amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project, CIP No. 13-05; 2) authorize a 15% contingency in the amount of $25,738.95 for any unforeseen changes; and 3) authorize the Mayor to execute the contract. BID OPENING SPECIFICATION NUMBER: 13-05 PROJECT TITLE: KIMBALL TOWER BOILER REPLACEMENT TIME: 2:30 P.M. DATE: TUESDAY, JUNE 3, 2014 ESTIMATE: BASE BID: $200,000 PROJECT ENGINEER: STEPHEN MANGANIELLO NO. BIDDER'S NAME BID AMOUNT (PAGE) (PAGE ) ADDENDA BID SECURITY (PAGE ) (PAGE BOND) 1. ACCO Engineer Systems 9040 Kenamar Drive, Suite 406 San Diego, CA 92121-2433 $171,593.00 1 Bond 2. Air Temperature Specialist 26023Jefferson Ave., Suite B Murrieta, CA 92562 $216,575.00 1 Bond 3. K3MCorp. 1315 Hot Spring Way, Suite 109 Vista, CA 92081 $231,888.00 1 Bond 4. Jackson & Blanc 7929 Arjons Drive San Diego, CA 92126 $235,100.00 1 Bond KIMBALL TOWER BOILER REPLACEMENT PROJECT, CIP NO. 13-05 ACCO Engineered Systems Air Temperature Specialists K3M Corp y� .._. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $ 7,075.00 $ 7,075.00 $ 7,000.00 $ 7,000.00 $ 12,000.00 $ 12,000.00 2 Replace boilers, system upgrades LS 1 $ 157,437.00 $ 157,437.00 $ 197,927.00 $ 197,927.00 $ 208,863.00 $ 208,863.00 3 Bonding LS 1 $ 1,581.00 $ 1,581.00 $ 6,148.00 $ 6,148.00 $ 5,525.00 $ 5,525.00 4 Field orders $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 5 Permit fees $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 'Extension price adjusted due to calculation errors Base Bid Total* $ 171,593.00 Base Bid Total $ 216,575.00 Base Bid Total $ 231,888.00 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ACCO ENGINEERED SYSTEMS IN THE NOT TO EXCEED AMOUNT OF $171,593.00 FOR THE KIMBALL TOWER BOILER REPLACEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $25,738.95 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on June 3, 2014, did publicly open, examine, and declare four sealed bids for the Kimball Tower Boiler Replacement Project ("Project"); and WHEREAS, ACCO Engineered Systems was the lowest responsive bidder with a proposed bid amount of $171,593.00; and WHEREAS, a 15% contingency amount up to $25,738.95 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Kimball Tower Boiler Replacement Project to the lowest responsive, responsible bidder, to wit: ACCO ENGINEERED SYSTEMS BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $25,738.95 for unforeseen changes to the Project. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 18 ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process per Chapter 2.60.260 of the Municipal Code by utilizing Western States Contracting Alliance (WSCA) contract 7-11-70-17, and authorizing the purchase from AT&T Inc. of Wireless Broadband Modems for an amount not to exceed $49,778.00 PREPARED BY: Ron Williams DEPARTMENT: A PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The Wireless Broadband Modems (3G) currently used in the National City Police Department emergency vehicles provide communication between the Mobile Data Computers (MDC) and the Computer Aided Dispatch (CAD) system. The Wireless Broadband Modems are no longer supported by the manufacturer. Replacement parts are difficult to acquire. Upgrading to next generation (GX440) Wireless Broadband Moderns (4G) would provide improved communications between the MDCs and CAD system with the additional assurance of hardware support in the event of hardware failure. 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 AT&T Inc., for the following reasons: 1. Piggyback State of California Western States Contracting Alliance (WSCA) contract 7-11-70-17 2. The procurement has been determined to be in the best interests of the city. 3. WSCA bidding process determined to be in compliance with the city's procurement procedures. 4. No further purpose would be served by issuing a formal bid at this point in the process. FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-502-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends upgrading 3G Broadband Modems in NCPD emergency vehicles. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Quote, Contract Information at&t Price Quote Prepared by: John Carias Requested By: Ron Williams 619-203-5273 5/22/2014 Mobility Data Connection - National City Police Department N/A Date of Quote: Project Name: Site Address: Item Extended Monthly Cost CALNET 3 Contract Pricing : 10M AT&T AVPN Data Circuit - Landline Connection to AT&T Mobility - With Customer Provided Router 1 $0.00 $1,179.18 $0.00 10M Connection at AT&T Mobility $2,495.00 Western State Contract Alliance (WSCA) Contract Pricing - Unlimited Government Data Plan 46 $39.99 $1,799.55 $0.00 Total $2,978.73 Item Qt Unit Cost Extended Unit GX440 4G LTE Modems Wifi 46 $759.00 $34,914.00 $0.00 4G LTE / WiFi Antenna - Black - 46 $184.00 $8,464.00 $0.00 subtotal $43,378.00 taxes $3,904.02 Installation $2,495.00 Total $49,777.02 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7.11-70-17 Amendment #1 1. Scope: This Participating Addendum is between the State of California and AT&T Mobility National Accounts LLC herein after referred to as either AT&T Mobility National Accounts LLC or WSCA Wireless Providers (WSCANVP). This Participating Addendum covers the purchase of Wireless Services and Equipment for all State departments and may include all California political subdivisions/local governments. ''State department" for the purpose of this participating addendum refers to any entity of the executive branch of California govemment including, but not limited to agency, department, board, commission, office, association or institution. A "California political subdivision/local government" is defined as any city, county, city and county, district, or other local govemmental body or corporation, including the California State Universities (CSU) and University of Califomia (UC) systems, K-12 schools and community colleges empowered to expend public funds. Each political subdivision/local government should make its own determination whether the WSCA program is consistent with its procurement policies and regulations. Eligible Entity for the purpose of this participating addendum, unless otherwise specified includes State departments and Califomia political subdivision/local governments as defined above. The California participating addendum for wireless services and equipment is designed to take advantage of the WSCA Nevada volume purchasing to develop a wireless (voice and data) services and equipment offering unique and specific to the Califomia State's wireless business needs with respect to lowest costs and optimum operational efficiencies. Consequently, the pricing for the service plans, features and equipment offered by the WSCA Wireless Providers (WSCANVP) under this participating addendum are based on Califomia's govemmental department workforce and average monthly data usage per end user at the time of the initial request to all WSCAIWP for California participation. At that time the State of California's govemmental department workforce was approximately 200,000 employees with an average monthly data usage of less than 500 MB per California department end user. THE SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS APPLY TO THE ORDERING AGENCY. IF OR WHEN AT&T MOBILITY NATIONAL ACCOUNTS LLC, DBA AT&T MOBIUTY (HEREAFTER REFERRED TO AS AT&T MOBIUTY) AS A VENDOR, IS NOTIFIED BY ORDERING AGENCY THAT A SPECIFIC PURCHASE OR PURCHASES ARE BEING MADE WITH ARRA FUNDS, AT&T MOBIUTY AGREES TO COMPLY WITH THE DATA ELEMENT AND REPORTING REQUIREMENTS THAT ARE LEGALLY REQUIRED OF PROVIDERS OF GOODS AND RELATED SERVICES. AT&T MOBILITY, AS IT RELATES TO PURCHASES UNDER THIS CONTRACT IS NOT A SUBCONTRACTOR OR SUBGRANTEE, BUT SIMPLY A PROVIDER OF GOODS AND RELATED SERVICES. THE ARRA SUPPLEMENTAL TERMS AND CONDITIONS ARE LOCATED AT: HTTP:/IWW W.DOCUMENTS.DGS.CA.GOV/PD/POLIPROCIARRATAND%20C081009FINAL.PDF. 2. Leasing Not Applicable. 3. Terms and Conditions: For changes under this Participating Addendum by any Eligible Entity listed in Section 1, Scope, the following Changes apply: 6/10/12 Page 1 of 5 a� CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11-70-17 Amendment #1 a. The California General Provisions (CAGP) (GSPD-401IT General Provisions -Information Technology based on June 8, 2010 standard) for Westem States Contracting Alliance (WSCA) contract for wireless equipment and services as attached become a part of this Participating Addendum. b. The California General Provisions (CAGP) shall prevail if there is a conflict between the terms and conditions of the contractors WSCA Nevada, WSCA Master Price Agreement, packaging, invoices, catalogs, brochures and technical data sheets; except as follows: Section 18 Warranty (GSPD-4011T General Provisions) Contractor will perform all services in a good and workmanlike manner consistent with accepted industry practice and in compliance with applicable laws and regulations. AT&T Mobility however does not manufacture products/equipment and offers no warranty on any equipment beyond the manufacturers warranty provided directly from the manufacturer to the Participating Entity and/or end User upon receipt of the products/equipment. To the maximum extent possible, AT&T Mobility will pass through the Participating Entity and/or End User all manufacturer warranties available to AT&T Mobility, AT&T Mobility's products/equipment, equipment and service are provided as is". AT&T Mobility disclaims all express or implied warranties and in particular disclaims all warranties of merchantability, fitness for a particular purpose, and warranties related to equipment, material, service or software. Section 26 Limitation of Liability, Sub -section (d) (GSPD-401 IT General Provisions) Add: In no event shall AT&T Mobility be liable for users' inability to access 911 or E91 1 service. Section 37 Rights in the Work Product; Sub -section (c) (GSPD-4011T General Provisions) Delete: "as Deliverable or from the first sentence. c. AT&T Mobility's response to the Department of General Services (DGS) Request for Offer (RFO) #DGS-1070 together with its exhibits and/or addendum as referenced is incorporated in its entirety. d. This Participating Addendum is entered into by the parties under the Nevada, WSCA Master Price Agreement number 1907 (hereinafter "Nevada WSCA Master Price Agreement"). For purposes of this Participating Addendum, the Contract Number (used interchangeably with the term "Master Price Agreement Number') shall be 7-11-70-17. e. Order of Precedence: To the extent of a conflict in terms between the WSCA Master Price Agreement and this Participating Addendum, the following descending order of precedence shall apply: • Participating Addendum • Attachment #1, Pricing Worksheet Rev. 2, dated 12-9-2011 In its entirety. Current Pricing Worksheet is incorporated via this amendment and contract supplement all further Pricing Worksheet changes will be accomplished via contract supplement only.AT&T Mobility's Response to the Request for Offer (RFO) DGS 1070 together with its exhibits and/or addendum(s) • Request for Offer (RFO) DGS 1070 together with its exhibits and/or addendum(s) and the WSCA Wireless Providers Responding Offer • Nevada, WSCA Master Price Agreement 6110/12 Page 2 of 5 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11.70-17 Amendment #1. f. DGS Termination of Contract: g. The State may terminate this contract at any time upon 30 days prior written notice. Upon termination or other expiration of this contract, each party will assist the other party in orderly 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. Reports & Administrative Fee: All reports and administrative fees associated with this Participating Addendum will be provided in accordance with the State's Request for Offer (RFO) DGS 1070 together with its exhibits and/or addendum(s) and the WSCA Wireless Providers Responding Offer. State administrative fees are in addition to the WSCA administration fee of 1/10th of 1 % (one -tenth of one percent) of the Total Wireless Spend, pursuant to the schedule of payments set forth in the contract. The administrable fee check and report should be submitted to the following address: Eileen Tardiff, Wireless Contract Administrator Contracts Management Unit #2 Procurement Division Department of General Services 707 Third Street, 2nd Floor, MS #2-201 West Sacramento, CA 95605-2811 h. The primary state govemment contaot for this Participating Addendum is as follows: Department of General Services, Procurement Division Contracts Management Unit #2 707 Third Street, 2nd Floor, MS # 2-201 West Sacramento, CA 95605 Contact Eileen Tardiff E-mail: eileen.tardiffedgs.ca.aov Phone: (916) 375-4463 Fax (916) 375-4522 6/10/12 Page 3 of 5 • CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT. #7-11-70-17 Amendment #1 i. The primary AT&T Mobility Customer contact for this Participating Addendum is as follows: j• AT&T Mobility Address: 2600 Camino Ramon 3E550BB San Ramon, CA 94816 Contact: • Twila Lively E-Mail: Twilalively@att.com Phone: 925 487 - 9945 Fax: Price Agreement Number. The Master Price Agreement Number for this Participating Addendum is.7-11-70-17. The Master Price Agreement Number MUST be shown on all purchase documents issued against this Master Price. Agreement. This Participating Addendum, AT&T Mobility's response to the Department of General Services Request for Offer #DGS-1070 together with Its exhibits and/or addendum(s) and the Nevada WSCA Master 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, wtih respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum, AT&T Mobility's response to the DGS/PD RFO #DGS-1070 together with Its exhibits andlor amendments, and the Nevada WSCA Master Price Agreement and its exhibits and/or amendments shall not be added to or incorporated into this Participating Addendum, AT&T Mobility's Response to the DGS/PD RFO #DGS-1070 with its exhibits and/or addendum(s) or the Nevada WSCA Master 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, AT&T Mobility's response to the DGS RFO #DGS-1070 end Its exhibits and/or amendments and the Nevada WSCA master Price Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. k. Effective Dates: This Participating Addendum shall be effective upon approval by the Department of General Services and will continue until the End Date of the Nevada WSCA 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. 6H0H2 Page 4 of 5 P CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11-70-17 Amendment #1 i. Servicing Subcontractors: The Contractor, at this time, will not be using subcontractors to provide any products or services. m. State Departments — Specific Purchasing Guidelines State departments are restricted from acquiring any service plans, features and/or equipment beyond those identified on the attached pricing worksheets Incorporated into this participating addendum. n. California political subdivisioMocai government — Specific Purchasing Guidelines The WSCANVP will affo►d the opportunity to Califomia political subdivisions/local govemments to acquire the Consumption service plan, any features and/or equipment identified on the attached Pricing Worksheets incorporated into this Participating Addendum. The Unlimited Voice Plan and the Unlimited Wireless Broadband Modem Plan are not being offered to California political subdivisions/local govemments. California political subdivisions/local govemments, at their option, will be afforded the opportunity to continue with the existing plans, or acquire all other products and services provided by the WSCA- Nevada offerings. Regardless of the California political subdivision/local govemments selected option, WSCANVP will be obligated to provide all reporting data as described herein. By Signing below AT&T Mobility agrees to offer the same productsland or services as on the (the lead state and contract number) at prices equal to or lower than the prices on that contract. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. State of California: p Contractor Name .3 & By: (c J 4 f By: Name: Jim Butler Name: Theresa Page Title: Deputy Director Title: Sr Contract Manager Date: 6M0/12 Page 5 of 5 Date: 07/18/2012 CAL1FORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT N7-11-70-17 Amendment *3 1. Scope: This Participating Addendum is between the State of California and AT&T Mobility National Accounts LLC herein after referred to as either AT&T Mobility National Accounts LLC or WSCA Wireless Providers (WSCA/WP). This Participating Addendum covers the purchase of Wireless Services and Equipment for all State departments and may include all Califomia political subdivisionsAocal governments. "State department" for the purpose of this Participating Addendum refers to any entity of the executive branch of California govemment including, but not limited to agency, department, board, commission, office, association or institution. A "California political subdivisioNlocai government" is defined as any city, county, city and county, district, or other local governmental body or corporation, including the Califomia State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds. Each political subdivision/local government should make Its own determination whether the WSCA program is consistent with its procurement policies and regulations. Eligible Entity for the purpose of this Participating Addendum, unless otherwise specified includes State departments and California political subdivision/local govemments as defined above. The California Participating Addendum for wireless services and equipment is designed to take advantage of the WSCA Nevada volume purchasing to develop a wireless (voice and data) services and equipment offering unique and specific to the California State's wireless business needs with respect to lowest costs and optimum operational efficiencies. Consequently, the pricing for the service plans, features and equipment offered by the WSCA Wireless Providers (WSCA/WP) under this Participating Addendum are based on California's governmental department workforce and average monthly data usage per end user at the time of the initial request to all WSCA/WP for California participation. At that time the State of Califomia's governmental department workforce was approximately 200,000 employees with an average monthly data usage of less than 500 MB per Califomia department end user. THE SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS APPLY TO THE ORDERING AGENCY. IF OR WHEN AT&T MOBILITY NATIONAL ACCOUNTS LLC, DBA AT&T MOBILITY (HEREAFTER REFERRED TO AS AT&T MOBILITY) AS A VENDOR, IS NOTIFIED BY ORDERING AGENCY THAT A SPECIFIC PURCHASE OR PURCHASES ARE BEING MADE WITH ARRA FUNDS, I 07/2212013 Page 1 of 8 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT ST-11-70-17 Amendment S3 AT&T MOBILITY AGREES TO COMPLY WITH THE DATA ELEMENT AND REPORTING REQUIREMENTS THAT ARE LEGALLY REQUIRED OF PROVIDERS OF GOODS AND RELATED SERVICES. AT&T MOBILITY, AS IT RELATES TO PURCHASES UNDER THIS CONTRACT IS NOT A SUBCONTRACTOR OR SUBGRANTEE, BUT SIMPLY A PROVIDER OF GOODS AND RELATED SERVICES. THE ARRA SUPPLEMENTAL TERMS AND CONDITIONS ARE LOCATED AT: HTTP://WWW.DOCUMENTS.DGS.CA.GOV/PD/POLIPROC/ARRATAND%2 0C081009FINAL.PDF. 2. Leasing Not Applicable. 3. Terms and Conditions: For changes under this Participating Addendum by any Eligible Entity listed in Section 1, Scope, the following changes apply: a. The Califomia General Provisions (CAGP) (GSPD-401IT General Provisions - Information Technology based on June 8, 2010 standard) for Western States Contracting Alliance (WSCA) contract for wireless equipment and 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 Nevada, WSCA Master Price Agreement, packaging, invoices, catalogs, brochures and technical data sheets; except as follows: Section 18 Warranty (GSPD-401 lT General Provisions) Contractor will perform all services in a good and workmanlike manner consistent with accepted industry practice and in compliance with applicable laws and regulations. AT&T Mobility however does not manufacture products/equipment and offers no warranty on any equipment beyond the manufacturer's warranty provided directly from the manufacturer to the Participating Entity and/or end User upon receipt of the products/equipment. To the maximum extent possible, AT&T Mobility will pass through the Participating Entity and/or End User all manufacturer warranties available to AT&T Mobility, AT&T Mobility's products/equipment, equipment and service are provided "as isTM. AT&T Mobility disclaims all express or implied warranties and in particular disclaims all warranties of merchantability, fitness for a particular purpose, and warranties related to equipment, material, service or software. 07/22/2013 Page2of8 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALUANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11.70-17 Amendment #3 Section 26 Limitation of Liability, Sub -section (d) (GSPD-401 IT General Provisions) Add: In no event shall AT&T Mobility be liable for users' inability to access 911 or E911 service. Section 37 Rights in the Work Product; Sub -section (c) (GSPD-401 IT General Provisions) Delete: "as Deliverable or" from the first sentence. c. AT&T Mobility's response to the Department of General Services (DGS) Request for Offer (RFO) #DGS-1070 together with its exhibits and/or addendum as referenced is incorporated in its entirety, d. This Participating Addendum is entered into by the parties under the Nevada, WSCA Master Price Agreement number 1907 (hereinafter "Nevada WSCA Master Price Agreement"). For purposes of this Participating Addendum, the Contract Number (used interchangeably with the term "Master Price Agreement Number") shall be 7-11-70-17. e. Order of Precedence: To the extent of a conflict in terns between the WSCA Master Price Agreement and this Participating Addendum, the following descending order of precedence shall apply: • Participating Addendum • Attachment A, Pricing Worksheet Rev. 2, dated 12-9-2011 in its entirety. Current Pricing Worksheet is incorporated via this amendment and contract supplement; all further Pricing Worksheet changes will be accomplished via contract supplement only. • AT&T Mobility's Response to the Request for Offer (RFO) DGS 1070 together with its exhibits and/or addendum(s) • Request for Offer (RFO) DGS 1070 together with its exhibits and/or addendum(s) and the WSCA Wireless Providers Responding Offer • Nevada, WSCA Master Price Agreement f. California Department of Technology Termination of Contract: The State may terminate this contract at any time upon 30 days prior written notice. Upon termination or other expiration of this contract, each party will assist the other party in orderly 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 107/2212013 Page 3 of 8 9• CAUFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES ATE T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11-70-17 Amendment #3 similar ordering document executed prior to the termination becoming effective. Reports & Administrative Fee: All reports and administrative fees associated with this Participating Addendum will be provided in accordance with the State's Request for Offer (RFO) DGS 1070) together with its exhibits and/or addendum(s) and the Wireless Providers Responding Offer. State administrative fees are in addition to the WSCA administration fee of 1/10th of 1 % (one -tenth of one percent) of the Total Wireless Spend, pursuant to the schedule of payments set forth in the contract. The administrative fee check should be submitted to the following address: California Department of Technology Accounting P.O. Box 1810, MS Y06 Rancho Cordova, CA 95741 All reports associated with this Participating Addendum shall be submitted to the primary state government contract listed below. h. The primary state govemment contact for this Participating Addendum is as follows: California Department of Technology Statewide Technology Procurement Division P.O. Box 1810, MS 12 Rancho Cordova, CA 95741 Contact Rick LaBonte, Wireless Contract Administrator E-mail: rick.iabonte®state.ca.gov Phone: (916) 431-5039 07/22/2013 Page 4 of 8 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #T-11-70.17 Amendment #3 i. The primary AT&T Mobility Customer contact for this Participating Addendum is as follows: AT&T Mobility Address: 2600 Camino Ramon 3E550BB San Ramon, CA 94816 Contact: Twila Lively E-Mail: att.corn Phone: 925 487 - 9945 Fax: j. Price Agreement Number The Master Price Agreement Number for this Participating Addendum is 7-11-70-17. The Master Price Agreement Number MUST be shown on all purchase documents issued against this Master Price Agreement. This Participating Addendum, AT&T Mobility's response to the Department of General Services Request for Offer #DGS-1070 together with its exhibits and/or addendum(s) and the Nevada WSCA Master 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, AT&T Mobility's response to the DGS/PD RFO #DGS-1070 together with its exhibits and/or amendments, and the Nevada WSCA Master Price Agreement and its exhibits and/or amendments shall not be added to or incorporated into this Participating Addendum, AT&T Mobility's Response to the DGS/PD RFO #DGS-1070 with its exhibits and/or addendum(s) or the Nevada WSCA Master 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, AT&T Mobility's response to the DGS RFO #DGS-1070 and its exhibits and/or amendments and the Nevada WSCA 07/22/2013 Page 5 of 8 CAUFORN1A PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11-70-17 Amendment #3 Master Price Agreement and its exhibits and/or amendments shall prevail and govem in the case of any such inconsistent or additional terms. k. Effective Dates: This Participating Addendum shall be effective upon approval by the California Department of Technology and will continue until the End Date of the Nevada WSCA 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. This Participating Addendum supersedes and replaces all previous addendums with respect to the subject matter hereof. I. Servicing Subcontractors: The Contractor, at this time, will not be using subcontractors to provide any products or services. m. State Departments — Specific Purchasing Guidelines State departments are restricted from acquiring any service plans, features and/or equipment beyond those identified on the attached pricing worksheets incorporated into this participating addendum. n. California political subdivision/local govemment — Specific Purchasing Guidelines The WSCA/WP will afford the opportunity to Califomia political subdivisions/local govemments to acquire the Consumption service plan, any features and/or equipment identified on the attached Pricing Worksheets incorporated into this Participating Addendum. The Unlimited Voice Plan and the Unlimited Wireless Broadband Modem Plan are not being offered to Califomia political subdivisions/local governments. California political subdivisions/local governments, at their option, will be afforded the opportunity to continue with the existing plans, or acquire all other products and services provided by the WSCA-Nevada offerings. Regardless of the California political subdivision/local governments selected option, WSCA/WP will be obligated to provide all reporting data as described herein. 07/22/2013 Page 6 of 8 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11-70-17 Amendment #3 Amendment 3 (three), makes the following administrative changes: 1) Changes the State Agency's Name as follows: FROM: California Technology Agency TO: Califomia Department of Technology 2) Changes the addresses of the Administrative Fee check and reports shall be submitted as follows: Administrative Fee Check: FROM: Califomia Technology Agency Accounting P.O. Box 1810, MS Y06 Rancho Cordova, CA 95741 TO: California Department of Technology Accounting P.O. Box 1810, MS Y06 Rancho Cordova, CA 95741 Administrative Reports: FROM: Califomia Technology Agency Office of Telecommunications Procurement Attn: Susan Durkee P.O. Box 1810, MS Y12 Rancho Cordova, CA 95741 TO: California Department of Technology Statewide Technology Procurement Division Attn: Rick LaBonte P.O. Box 1810, MS Y12 Rancho Cordova, CA 95741 3) Changes the primary state govemment contact for this Participating Addendum: FROM: Susan Durkee, Wireless Contract Administrator TO: Rick LaBonte, Wheless Contract Administrator 107/22/2013 Page 7of8 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES AT& T MOBILITY MASTER PRICE CONTRACT CONTRACT #7-11 70.17 Amendment #3 By Signing below AT&T Mobility agrees to offer the same products/and or services as on the (the lead state and contract number) at prices equal to or lower than the prices on that contract. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. State of California Contractor me Depart44-12,1-Yoltchnology By: Name:ama Title: Dep ty irector Date: l%3 j 07/22/2013 Page 8 of 8 By: Na c: Li r ' a C.. 'naha Title: Sr, Contract Manager Date: RESOLUTION NO. 2014 — 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 (WSCA) CONTRACT 7-11-70-17, AND AUTHORIZING THE PURCHASE FROM AT&T, INC., OF 46 WIRELESS BROADBAND MODEMS FOR AN AMOUNT NOT TO EXCEED $49,778.00 WHEREAS, Wireless Broadband Modems (3G) currently used in the National City Police Department emergency vehicles provide communication between the Mobile Data Computers (MDC) and the Computer Aided Dispatch (CAD) system; and WHEREAS, the wireless broadband modems are no longer supported by the manufacturer, making replacement parts difficult to acquire; and WHEREAS, upgrading to next generation (GX440) Wireless Broadband Modems (4G) would provide improved communications between the MDCs and CAD system with the additional assurance of hardware support in the event of hardware failure; and WHEREAS, the Management Information Services ("MIS") Department desires to purchase 46 wireless broadband modems from AT&T, Inc., for an amount not to exceed $49,778.00 by waiving the bid process and utilizing Western States Contracting Alliance ("WSCA") Contract 7-11-70-17; and WHEREAS, the City of National City will get the best price for the computers and software by "piggybacking" the State's WSCA Contract 7-11-70-17; 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 46 wireless broadband modems from AT&T, Inc., for an amount not to exceed $49,778.00, by utilizing Western States Contracting Alliance Contract 7-11-70-17. PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO.19 ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process per Chapter 2.60.260 of the Municipal Code, by utilizing Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of 110 Desktop Computers, and Microsoft Office Software for public use at National City Public Library for an amount not to exceed $107,730.83 PREPARED BY: Ron Williams DEPARTMENT: A PHONE: 619-336-4373 APPROVED BY: EXPLANATION: There are 110 public desktop computers at the National City Library that are approximately seven years old. 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 failures 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 procurement has been determined to be in the best interests of the city. 3. WSCA bidding process determined to be in compliance with the city's procurement procedures. 4. No further purpose would be served by issuing a formal bid at this point in the process. FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-502-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends replacement of 110 desktop workstations and the upgrade of the Microsoft Office Software. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Quote, Contract Information Quote Summary_6 62 5534115 Page 1 of 3 Date: 5/14/2014 QUOTATION Quote #: 682553405 Customer #: 335073 Contract #: WN99ABZ CustomerAgreement#: WSCA B27160 Quote Date: 05/14/2014 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: 110 SYSTEM PRICE: $879.01 GROUP TOTAL: $96,691.10 Description Quantity OptiPlex 3020 Small Form Factor CTO (210-ABIX) 110 4GB (1x4G) 1600MHz DDR3 Memory (370-AAJE) 110 US English (QWERTY) Dell KB212-B QuietKey USB Keyboard Black (580-AAQX) 110 Dell 23 Monitor - P2314H (480-ABMH) 110 Intel Integrated Graphics, Dell OptiPlex (490-BBFG) 110 No Wireless LAN Card (555-BBNI) 110 500GB 3.5inch Serial ATA (7,200 Rpm) Hard Drive (400-AANO) 110 Windows 7 Professional, Canada MUI, 64bit (includes Windows 8.1 Pro 64bit License and Media) (536-BBBJ) 110 Non -Canada Orders only (332-1286) 110 OptiPlex 3020 Small Form Factor Chassis with Standard Power Supply (321-BBEP) 110 Dell Logitech USB Optical Mouse (570-AADU) 110 No ESTAR (387-BBCG) 110 8X Slimline DVD+/-RW drive (429-AAJU) 110 No Speaker, OptiPlex (520-AAAL) 110 Thank You for Choosing Dell (555-BBNG) 110 System Power Cord (Philipine/TH/US) (450-AAOJ) 110 Windows 8.1 DVD OS Recovery(English) (620-AASU) 110 No Dell Backup and Recovery software (637-AAAM) 110 Desktop BTO Standard shipment (800-BBIO) 110 Not Selected in this Configuration (817-BBBC) 110 Safety/Environment and Regulatory Guide (English/French/Dutch) (340-AGIK) 110 Dell Limited Hardware Warranty Plus Service Initial Year (936-2417) 110 Dell Limited Hardware Warranty Plus Service Extended Year(s) (939-6538) 110 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis Initial Year (939-6748) 110 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis 2 Year Extended (939-7288) 110 Management Engine (340-AGMO) 110 OptiPlex 3020 Resource DVD (340-AGGW) 110 file: ///C JU sers/rwilliams/AppData/Local/Microsoft/Windows/Temporary%20lnternet%20F... 6/4/2014 Quote Summary_682553405 Page 2 of 3 No Quick Reference Guide (340-ABKW) Intel Pentium G3220 Processor (Dual Core, 3MB Cache, 3.00 GHz, w/HD Graphics) (338- BCYJ) No DDPE Encryption Software (954-3465) Chassis Intrusion Switch (461-AAAX) Small Form Factor Chassis Mainstream Heatsink (65watts) (412-AABL) SHIP MTL,SYSM,OptiPlex SFF (340-ACGR) No Accessories (461-AABV) PowerDVD Software not included (632-BBBJ) Regulatory Label OptiPlex 3020 Small Form Factor (389-BDSE) Intel Pentium Label (389-BDLI) Adobe Acrobat XI Standard, Digital Delivery (421-9491) Microsoft Office Home and Business 2013, OptiPlex, Precision, Latitude (630-AABE) Dell Digital Delivery Cirrus Client (340-AAUC) Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421-5334) Thank you for buying Dell (421-9982) Dell Data Protection System Tools Digital Delivery/DT (422-0008) SW,MY-DELL,CRRS (422-0052) Visit www.dell.com/encryption (632-BBBZ) Thank you for buying Dell (632-BBCB) Adobe Reader 11 (640-BBDF) Dell Data Protection I Protected Workspace (640-BBEV) Enable Low Power Mode (658-BBMQ) Waves Maxx Audio (658-BBNH) No Anti -Virus Software (650-AAAJ) State Environmental Fee for display 15 inches, less than 35 inches (600-0277) SOFTWARE & ACCESSORIES GROUP TOTAL: $3,080.00 Product Quantity Dell Stereo USB Monitor Soundbar AC511 (318-2885) *Total Purchase Price: Product Subtotal: Tax: Shipping & Handling: State Environmental Fee: Shipping Method: 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. Terms of Sale 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 110 Unit Price Total 110 $28.00 $3,080.00 $107,730.83 $99,331.10 $7,959.73 $0.00 $440.00 LTL 5 DAY OR LESS (" Amount denoted in $) file: ///C:/Users/rw illiams/AppData/Local/Micro soft/Windows/Temporary%20lnternet%20F... 6/4/2014 Quote Summary_682S34U3 Yage j of 3 This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: If this purchase is for your intemal use only: Dell's Commercial Terms of Sale (www.dell.com/CTS) which incorporate Dell's U.S. Retum Policy (www.dell.com/retumpolicv) and Warranty (www.dell.com/warantyterms). If this purchase is intended for resale: Dell's Reseller Terms of Sale (www.dell.com/resellerterms). If this purchase includes services: in addition to the foregoing applicable terms, Dell's Service Terms (www.dell.com/servicecontractsiglobal). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terns accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEULA) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S (www.dell.com/SEULA). You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Additional Terms for Public Customers if you are a department, agency, division, or office of any district, state, county or municipal government within the United States ("Public Customer"), the following terms ("Public Customer Terms") apply in addition to the foregoing terms: A. If any portion of the foregoing terms and conditions (or any terms referenced therein) is prohibited by law, such portion shall not apply to you. Notwithstanding anything to the contrary, the End User License Agreements shall lake precedence in all conflicts relevant to your use of any software. B. By placing your order, you confirm that (1) you are a contracting officer or other authorized representative of Public Customer with authority to bind the Public Customer to these terms and conditions, and (2) you have read and agree to be bound by these terms and conditions. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Sales tax on products shipped is based on your "Ship To" address, and for software downloads is based on your "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax -exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax Department©dell.com. For certain products shipped to end -users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. 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. 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/privacy. file: ///C:/Users/rwilliams/AppData/Local/Microsoft/Windows/Temporary%20lnternet%20F... 6/4/2014 CALIFORNIA PARTICIPATING ADDENDUM AMENDMENT 1 Minnesota WSCA-NASPO Master Price Agreement B27160 Computer Equipment, Software, Peripherals and Related Services DELL MARKETING L.P. This Amendment is between the State of Califomia (hereafter referred to as "State' or "DGS') and Dell Marketing L.P. (hereafter referred to as `Contractor"). Participating Addendum 827160 Amendment 1 replaces and supersedes Participating Addendum B27160 effective upon the date of execution by both parties. The Amendment revisions have been incorporated below and are marked with a vertical line in the page margin. All other terms, conditions, and provisions of the Participating Addendum remain unchanged. 1. Scope: This Participating Addendum covers the purchase of all Computer Equipment, Software, Peripherals and Related Services for all Califomia political subdivisions/local governments. 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 BEING MADE 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 IS NOT A SUBCONTRACTOR OR SUBGRANTEE, BUT SIMPLY A PROVIDER OF GOODS AND RELATED SERVICES 2. Leasing State Departments are restricted from using leasing agreements and rental options under this Participating Addendum. Local agencies are able to take advantage of leasing options in the WSCA Master Price Agreement B27160 without restrictions. 3. Changes: For changes 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 April 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 California 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. Participating Addendum No. B27160 Amendment 1 Dell Marketing L.P. d. WSCA Master Price Agreement Number B27160 cover page is hereby modified as follows: "Original Award Date' changed to "Effective Date September 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 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 BILL TO ADDRESS BILL TO CITY BILL TO ZIPCODE SHIP TO NAME SHIP TO ADDRESS SHIP TO CITY 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 Califomia, 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) Calendar Quarter 2 (OCT 1 to DEC 31) Calendar Quarter 3 (JAN 1 to MAR 31) Calendar Quarter 4 (APR 1 to JUN 30) Page 2 of 5 Due OCT 31 Due JAN 31 Due APR 30 Due JUL 31 Participating Addendum No. B27160 Amendment 1 Dell Marketing L.P. Reports shall be submitted electronically to PDWSCA©dgs.ca.gov. Administrative fee checks shall be submitted to: State of Califomia Department of General Services Procurement Division Attention: WSCA Payment Processing 707 3rd Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 g. Participating Addendum Contacts: 1) The primary Contractor Contract Manager for this Participating Addendum shall be as follows: Contractor: Dell Marketing L.P. Name: Amy Ivy Phone: (512) 723-6201 Fax: (512) 283-9092 E-Mail: AmyIvy@Dell.com Address: One Dell Way, MS RR8-07 Round Rock, TX 78682 2) Should the Contractor Contract Manager information change, the Contractor will provide written notice with the updated information to the State Contract Administrator no later than ten business days after the change. 3) The State Contract Administrator for this Participating Addendum shall be as follows: Name: Julie Matthews Phone: (916)375-4612 Fax: (916) 375-4663 E-Mail: Julie.Matthews@dgs.ca.gov Address: State of California Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 4) Should the State Contract Administrator information change, the State will provide written notice with the updated information to the Contractor Contract Manager no later than ten business days after the change. -h. -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. Page 3 of 5 Participating Addendum No. B27160 Amendment 1 Dell Marketing L.P. i. Effective Dates: This Participating Addendum shall be effective upon approval by the Department of General Services and will continue until the End Date 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; a. Contractor may use State -approved Servicing Subcontractors under this Participating Addendum for sales and service functions as defined herein. b. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Servicing Subcontractors. All State policies, guidelines, and requirements shall apply to Servicing Subcontractors. c. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements. • d. For the purposes of this Participating Addendum, Servicing Subcontractors are classified as follows: 1) `Authorized Reseller" a) Authorized Resellers may provide quotes, accept purchase orders, fulfill purchase orders, perform maintenance/warranty services and accept payment from ordering agencies for products and associated services offered under this Participating Addendum. b) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements. c) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Dell Marketing L.P. as the Contractor. 2) "Agent" a) Agents are only authorized to provide quotes, sales assistance, configuration guidance and ordering support for products and associated services offered under this Participating Addendum. b) Agents are not authorized to accept orders or payments. e_ Subject to the approval of the State, Servicing Subcontractors may be added or deleted during the contract term. f. Contractor shall obtain written approval for all proposed Servicing Subcontractors from the State Contract Administrator prior to updating the Contractor's dedicated website for this Participating Addendum. Page 4 of 5 Participating Addendum No. B27160 Amendment 1 Del! Marketing LP. g. Proposed Servicing Subcontractor requests must include the following information at a minimum: 1) Company name 2) Address 3) Contact name 4) Phone number 5) Email h. State -approved Servicing Subcontractors will be.posted on the State's eProcurement website. 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 (iii) 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 to 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. By signing below, Dell Marketing L.P. 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 B27160 Amendment 1 as of the date of execution by both parties below. State of California: �� r Dell Marketing By: \ k . j `J By: Name: Jim Butler Name: Title: Deputy Director Title: Contracts Sr. Consultant Date: `° (1 ) 9 Date: 101 113 Page 5 of 5 GSPD-4011T WESTERN STATES CONTRACTING ALLIANCE (WSCA) COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014) DELL MARKETING, LP.(B27160) GENERAL PROVISIONS 1. DEFINITIONS: Unless otherwise specified in the Statement of Work the following terms shall be given the meaning shown, unless context requires otherwise. "Acceptance Tests" means those tests performed during the Performance Period which are intended to determine compliance of Equipment and Software with the specifications and all other Attachments incorporated herein by reference and to determine the reliability 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 than the original Equipment manufacturer, that is not connected by • the Contractor. "Business entity" means any individual, business, partnership, joint venture, corporation; S-corporation, limited liability corporation, limited liability partnership, sole proprietorship, Joint stock 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 (I) has been sold, leased, or licensed to the general public; 01) has been offered for sale, lease, or license to the general public; (iii) has 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 (1), (ii), or (iii) above and would require only minor modifications to meet the requirements of this Contract. "Contract" means this Contract or agreement (including any purchase order), by whatever name known or In whatever fomat used. "Custom Software" means 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. "Data 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 duster of terminals with their controller, etc. "Data Processing System (System)" means the total. complement of Contractor -furnished Machines, Induding one or more central processors (or instruction processors) and Operating Software, which are acquired to operate as an Integrated group. "Deliverables" means Goods, Software, Information Technology, telecommunications 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 units. If no specific 'Designated CPU(s)" are -specified on the Contract, the term shall mean any and all CPUs located et the site Revision 8110/2009 (GSPD-401iT based on April 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 all-inclusive term which refers either to individual Machines or to a complete .Data Processing System or subsystem, including its Hardware and Operating Software (if any). "Equipment Failure" is a malfunction in the Equipment, excluding all external factors, which prevents the. accomplishment of the Equipment's 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 accomplishment 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 all types of tangible personal property, including but not limited to materials, supplies, and Equipment Oncluding computer. and telecommunications - Equipment). "Hardware" usually refers to computer Equipment and is contrasted with Software. See also Equipment. "Installation Date" means the date specified in the Statement of Work by which the Contractor must have the ordered Equipment ready (certified) for use by the State. "Information Technology" , includes, but is not limited to, all 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, and data communications, requisite System controls, simulation, electronic commerce, end all related interactions between people and Machines. "Machine" means an individual unit of a Data Processing System or subsystem, separately Identified by: a type and/or model number, comprised of but not limited to mechanical, eleotro-mechanical, and - electronic parts, microcode, and special features Installed 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 Contractor - supplied Machine which is not made by the Contractor, and which results in the Machine deviating from its physical, mechanical, eleixrical, or electronic (including microcode) design, whether or not additional devices or parts are employed in making such change. "Maintenance Diagnostic Routines" means the diagnostic programs customarily used by the Contractor to test Equipment for proper functioning and reliability. "Manufacturing Materials" means parts, tools, dies, Jigs. fixtures, plans, drawings, and information produced or acquired, or rights acquired, specifically to fulfill obligations set forth herein: "Mean Time Between Failure (MTBF)" means the average expected or observed time 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 and return it to normal operation. Page 1of10 GSPD-4011T WESTERN STATES CONTRACTING ALLIANCE (WSCA) COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014) DELL MARKETING, L.P.(B27160) GENERAL PROVISIONS "Operating 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 function(s), and which Interface the operator, other Contractor -supplied programs, and user programs to the Equipment "Operational Use Time" means for performance 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 and 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 per day, and/or increased coverage for weekends and holidays. "Preventive Maintenance" 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 a.m. and 6:0D p.m.) as selected by the State, Including an official meal period not to exceed one hour, Monday through Friday, excluding holidays observed at the installation. "Programming Aids" means Contractor -supplied programs and 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" means programs, routines, subroutines, and related items which are proprietary to the Contractor and which are licensed to the State for Its use, usually on the basis of separately stated charges and appropriate contractual provisions. "Remedial Maintenance" means that maintenance pertorned by the Contractor which results from Equipment (including Operating Software) failure, and which Is performed as required, i.e., on an unscheduled basis. "Site License" means for each product, the term 'Site License" Shalt mean the license established upon acquisition of the applicable number of copies of such product and payment of the applicable license fees as set forth in the Statement of Work. "Software" means an ail -Inclusive term which refers to any computer programs, routines, or subroutines supplied by the Contractor, Including Operating Software, Programming Aids, Application Programs, and Program Products. "Software Failure" means a malfunction in the Contractor - supplied Software, other than Operating Software, which prevents the accomplishment of work, even though the Equipment (including its Operating Software) may still 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-401iT based on Apr(12, 2007) its employees and authorized representatives, including without limitation any department, agency, or other unit of the govemment of the State of California. 'System" means the complete collection of Hardware, Software and services as described in this Contract, integrated and functioning together, and performing 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 (commencing with Section .10290), 3 (commencing with Section 12100), end 3.6 (commencing with of Part 2 of Division 2 of the Public Contract Code SectionCC),2th n) Contractor's bid is a firm offer to the State which is accepted by the issuance of this Contract and no further action is required by either party. b) 11 this Contract results from a solicitation other than described in paragraph a),. above, Contractor's quotation or proposal is deemed a flint offer and this Contract document Is the State's acceptance of that offer. c) If this Contract resulted from a joint bid, it shall be deemed one indivisible Contract Each such joint Contractor will be jointly and severally liable for the performance of the entire Contract. The State 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 if any provision of this Contract is found to be illegal or unenforceable, such term or provision shall be deemed et/titan and the remainder of the Contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly Inform the other of the presumed non -applicability of such provision. 5. INDEPENDENT CONTRACTOR: Contractor and the agents and employees of Contractor, in the performance of this ontract, shall act in an independent capacity and not as officers or employees or agents of the State. 6. APPLICABLE LAW: This Contract shall be governed by and 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 United Nations Convention on Contracts for the international Sale of Goods shall not apply to this Contract. 7. COMPUANCE WITH STATUTES AND REGULATIONS: a) Contractor warrants and certifies that in the performance of this Contract, it will comply with all applicable statutes, rules, regulations and orders of the United States end the State of Califomia and agrees to indemnify the State against any loss, cost, damage or liabilityby reason of the Contractor's violation of this provision. b) The State will notify Contractor of any such claim In writing and tender the defense thereof within a reasonahle time; and Page 2 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 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 (I) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State operations or liabaity, 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 liability); (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 (lit) the State will reasonably cooperate in the defense and in any related settlement negotiations. d) If this Contract is in excess of $500,000, it is subject to the requirements of the World Trade Organization (WTO) Government Procurement Agreement (GPA). e) To the extent that this contract falls within the scope of Government Code Section 11135, Contractor hereby agrees to respond to end 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 and authority to grant the rights herein granted and will hold the State harmless from and against any loss, cost, liability, 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 wilt 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 govemment 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 respect to attorneys' fees end costs (but not liability); (ii) the State wili have the right 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. 9. ASSIGNMENT: This Contract shall not be assignable by the Contractor In 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 on any oboasion, to enforce any right or provision of the Contract, shell not be construed to be a waiver by the State of its rights hereunder and shall not prevent the State from enforcing such provision 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 Participating Addendum and Master Price Agreement, the following order of precedence shall apply: Revision 8h0/2009 (GSPD-4011T based on April 12, 2007) . a) executed participating addendum(s); b) the terms end conditions of the Master Price Agreement c) exhibits to the Master Price Agreement d) the list of products end services contained in the purchase order; e) the Request for Information (or similar) document and Contractor's Response to 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, and 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 identifying: the State's Contract number, item number, quantity and unit of measure; pert number and description of the Goods shipped; and appropriate evidence of inspection, if required. Goods for different Contracts shall be fisted 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 EXPENSES: No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, coat of bonds, or for any other purpose will be paid by the State unless expressly included and Itemized In the Contract. 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 • cost to the State with advance written authorization of the Buyer. b) if `prepay and add" is selected, supporting freight bills are required when over $50, unless an exact freight charge is approved by the Transportation Management Unit within the Department of General Services Procurement Division and a waiver is granted. c) On "F.O.B. Shipping Point' transactions, should any shipments under the Contract be received by the State in a damaged condition and any related freight loss and damage claims filed against the carrier or carriers be wholly or partially declined by the carrier or carriers with the inference that damage was the result of the act of the shipper such as inadequate packaging or loading or some Inherent defect 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, manufactured, packaged, and secured to withstand normal transportatkm conditions. 14. DELIVERY: Contractor shall strictly adhere to the delivery and conipletion schedules specified in this Contract. Time, if stated as a number of days, shall mean calendar days unless otherwise specified. The quantities specified herein are the only quantities required. If • 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 3 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 15. SUBSTITUTIONS: Substitution of Deliverables 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 specification testing and must be furnished free of expense to the State. The samples furnished must be identical in all respects 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 retumed at Contractor's expense. 18. ' WARRANTY: DELETED 22. TERMINATION FOR THE CONVENIENCE OF THE STATE: • a) The State may terminate performance of work under this Contract for its convenience in whole or, from tirne io 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. The 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 dete thereof. b) After receipt of a Notice of Termination, 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: (i) Stop work as specified in the Notice of Termination. (ii) Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continuing portion of the Contract. (iii) Terminate all subcontracts to the extent they relate to the work terminated. . (iv) Settle all outstanding liabilities end termination settlement proposals arising from the termination of subcontractss1- Unless otherwise set forth In 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 it 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 and other charges; and The total of A) The reasonable costs . inured 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) Thereasonable cost of sewing and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract; and C) Reasonable storage, transportation, demobilization, unamortized overhead and capital costs, and other costs reasonably incurred by the Revision 8/10/2009 (GSPD-4011T 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 clause. 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 if 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 III) Perform any of the other provisions of this Contract. b) The State's right to terminate this Contract under sub- section a) above. may be exercised if the failure constitutes a material breath of this Contract and if 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 terminates this Contract in whole or in part pursuant to this Section, it may acquire, under terms and in the manner the Buyer considers appropriate, Delivers or services similar to those terminated, end the Contra will be liable to the State for any excess costs for it 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 terminated 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 directed by the Buyer, any: (i) completed Deliverables,— (ii) partially completed Deliverables, and, • (ill) 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 Buyer, the Contractor shall .also protect and preserve property in Its possession in which the State hes an interest e) The State shall pay Contract price for completed Deliverables delivered and accepted. Unless the Statement of Work calls for different procedures or requires no -charge delivery of materials, the Contractor and Buyer shall attempt to agree on the amount of payment for Manufacturing Materials end other materials delivered and accepted by the State for the protection and preservation of the property;provided that where the Contractor has billed the State for any such materials, no additional charge will apply Failure to agree will constitute a dispute under the Disputes clause, The State may withhold from these amounts any sum L determines to be necessary to protect the State against Toss because of outstanding liens or claims of former lien holders. f) If, after termination, it is determined by a final ruling Page 4of10 GSPD-401IT 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 obligations of the parties shall be the same as 11 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 it the failure to perform the Contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include, but are not limited to: a) Acts 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 to perform is mused by the default of a subcontractor at any tier, 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 Delverabies furnished or services provided by the Contractor in the performance of the Contract should fail 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, without 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 if the delay is the fault of the Contractor. c) In the event of the termination of the Contract, either in whole or In pert, by reason of default or breach by the Contractor, any loss or damage sustained by the State in procuring any items which the Contractor agreed to supply shall be borne and paid for by the Contractor (but subject to the clause entitled "Limitation of Liability"). d) The State 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. LIMITATION OF LIABILITY: a) Contractor's liability. for damages to the State for any • cause whatsoever, end regardless of the form of action, whether in Contract 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 Contract price; 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 Deliverable(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 liability shall not apply (i) to Revision 8/10/2009 (GSPD-401/T based on April 12. 2007) liability under the General Provisions; entitled "Patent, Copyright, and Trade Secret Protection' or to any other liability (including without limitation indemnification obligations) for infringement of third party intellectual property rights; (II) to calms covered by any specific provision herein calling for liquidated damages; (til) to claims arising under provisions herein calling for indemnification for third party dims against the State for bodily injury to persons or damage to real or tangible personal property caused by Contractor's negligence or willful misconduct; or (rv) to -costs or attorneys fees that the State becomes entitled to recover as a prevailing party in -any action. c) The State's liability ' 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. limit the State's sovereign immunity or any other Immunity from' suit provided by law. d) In no event will either the Contractor or the State be liable for consequential, inddental, Indirect, spedal, or punitive damages, even if notification has been given as to the possibility of such damages, except (i) to the extent that Contractor's liability 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)(1i), or bXiv) above. 27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY: 8) 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 Contractor's site or at the State's place of business, provided that the injury or damage was mused by the fault or negligence of the Contractor. • b) Contractor shell not be liable for damages arising out of or mused 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 end 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 end all third party claims, costs (including without limitation reasonable attomeys" fees), and losses due to the injury or death of any indNidual, or the loss or damage to any real or tangible personal property, resulting from the willful misconduct or negligent acts or omissions of Contractor or any of its agents, subcontractors, employees, suppliers, laborers, or any other person, firm, or corporation fumishing or supplying work, services, materials, or supplies in connection with the performance of this Contract Such defense end payment will be conditional upon the following: a) The State will notify Contractor of any such claim 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 claim and all negotiations for its settlement or compromise; provided that (i) when substantial principles of govemment or public law are involved, when litigation might • create precedent affecting future State operations or liability, Page5of10 GSPD-401 IT WESTERN STATES CONTRACTING ALLIANCE (WSCA) COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014) DELL MARKETING, L.P.(B27160) GENERAL PROVISIONS 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 liability); (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 (ill) the State 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 (if applicable); item number; unit price, extended item price and invoice total amount. State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable. 30. REQUIRED PAYMENT DATE: Payment will be made In accordance with the provisions of the Califomia 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 (i) receipt of an undisputed invoice, whichever is later. 31. TAXES: Unless otherwise required by law, the State of California is exempt from Federal excise taxes. The State will only pay for any State 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 of this Contract shall be valid unless madein writing, signed by the parties and approved as required. No oral understanding or agreement not Incorporated in the Contract Is binding on any of the parties. 34. CONFIDENTIALITY OF DATA: All financial, 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, shell be protected by the Contractor from unauthorized use and disclosure through the observenoe of the same or more effective procedural requirements as are applicable to the State. The Identification of all such confidential date and information as well as the State's procedural requirements for protection of such data and information from unauthorized use and disclosure shell be provided by the State in writing 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 end procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Contractor 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 8/10/2009 (GSPD-40111T 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, end updated versions 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 charges made by the Contractor to its other customers for similar Documentation. b) If the Contractor is unable to perform maintenance or the State desires to perform its own maintenance on Equipment purchased under this Contract then upon written notice by the State the Contractor wit provide at Contractor's then current rates and fees adequate and reasonable assistance including relevant Documentation to allow the. State to maintain the Equipment based on Contractors 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 Contractors 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 1 Contractor pursuant to this Contract including paps reports, charts, computer programs, and oti Documentation or Improvements thereto, and including Contractor's administrative communications and records relating to this Contract (collectively, the Work Produce), shall be Contractor's exclusive 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 its 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 wil be construed to interfere with Contractor's or its affiliates' ownership of Pre - Existing Materials. The State will have Govemment Purpose Rights to the Work Product as Deliverable_ or delivered to the State hereunder. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty free, 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 t0 release Or disclose the Work Product outside the State for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the Work Product for any State government purpose. Such recipients of the Work Product may include, without limitation, State Contractors, California local governments, the U.S. federal govemment, and the State and local govemments of other states. 'Government Purpose Rights" do not Include any rights to use, modify, reproduce, perform. release, display. create derivative work' from, or disclose the Work Product for any commerci Page 6 of 10 GSPD-4011T 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, know-how, or techniques relating to data processing, developed during the course of this Contract by the Contractor or jointly by the Contractor and the State may be used by either party without obligation of notice or accounting. This Contract shall not preclude the Contractor from developing materials outside this Contract that are competitive, irrespective of their similarity to materials which might be delivered to the State pursuant to this Contract. 38. PROTECTION OF PROPRIETARY SOFTWARE AND OTHER PROPRIETARY DATA a) State agrees that all material appropriately marked or Identified in writing as proprietary, and fumiahed hereunder are provided for State's exclusive use for the purposes of ' this Contract only. All such proprietary date shall remain the property of the Contractor. State agrees to take all reasonable steps 10 Insure that such proprietary data ere not disclosed to others, without prior written consent of the Contractor, subject to the California Public Records Act. b) The State will insure, prior to disposing of any media, that any licensed materials contained thereon have been erased or otherwise destroyed. c) The State agrees that it will take appropriate action by Instruction, agreement or otherwise with its employees or other persons permitted access to licensed software and other proprietary data to satisfy its obligations under this Contract with respect to use, copying, modification, protection and security of proprietary software and other proprietary data.. 39. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY: a) Contractor will indemnify, defend, and save harmless the State, its officers, agents, and employees, from any and all third party claims, costs (including without limitation reasonable attorneys' fees), and losses for infringement or violation of any U.S. Intellectual Property Right by any product or service provided hereunder. With respect to claims arising from computer Hardware or Software manufactured by a third party and sold by Contractor as a . randier, Contractor will pass through to the State such Indemnity rights as it receives from such third party ("Third Party Obligation") and will cooperate in enforcing them; provided that if the third party manufacturer fails to honor the Third Party Obligation, Contractor will provide the State with indemnity protection equal to that called for by the Third Party 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 and accepted by the State. Unless; a Thins Party Obligation provides otherwise, the defense and payment obligations set forth in this Section 39e) will be conditional upon the following: • 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'pubiic law are involved, when litigation might create precedent effecting future State operations or liability, or when involvement Revision 8✓10/2009 (GSPD-401/7- based on April 12, 2007) 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 liability); Qi) the State will have the right to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (i11) 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 all loss, damage, costs, expenses, claims and lability for patent, copyright and trade secret Infringement c) Should the Deliverables or Software, or the operation thereof, become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement or violation of a U.S._ Intellectual Property Right, the State shall permit the Contractor at its option and expense either to procure for the State the right to continue using the Deliverables or Software, or to replace or Modify the same so that they become non -infringing. If none of these options can reasonably be taken, or if the use of such Deliverables or Software by the State shall be prevented by injunction, the Contractor agrees to take back such Deliverables or Software and make every reasonable effort to assist the State in procuring substitute Deliverables or Software. If, in the sole opinion of the State. the retum of such infringing Deliverables or Software makes the retention of other Deliverables or Software acquired from the Contractor under this Contract impractical, the State shall then have the option of terminating such Contracts, or . applicable portions thereof, without penalty or termination charge. The Contractor agrees to take back such Deliverables or Software end refund any sums the State has paid Contractor less any reasonable amount for -use or damage. d) The Contractor shall have no liability to the State under any . provision of this clause with respect to any claim of patent, copyright ortrade secret infringement which Is based upon: (1) The combination or utilization of Deliverables 'furnished hereunder with Equipment or devices not made or furnished by the Contractor; or, (ii) The operation of Equipment fumlshed by the Contractor under the control of any Operating Software other than, or in addition to, the current version of Contractor -supplied Operating Software; or (lit) The modification by the State of the Equipment furnished hereunder or of the Software; or (iv) The ' combination or utilization of Software furnished hereunder with non -contractor supplied Software. e) Contractor certifies that It has appropriate systems and controls In place to ensure that State funds will 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 its designated representative shall have the right to review and copy any records and supporting Documentation pertaining to performance of this Contract. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention Is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff In any subcontract related to performance of this Contract. 41. DISPUTES: ' a) The parties shell deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, Contractor shall Page 7 of 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 for a final decision regarding the disposition of any dispute between the parties arising under, related to or Involving this Contract, unless the State, on its own initiative, has already rendered such a final decision. Contractor's written demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the Contract, Contractor shall Include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the Contract adjustment for which Contractor believes the State is liable. If the Contractor is not satisfied with the decision of the Department Director or designee, the Contractor may appeal the decision to the Department of. General Services, Deputy Director, Procurement Division. In the event that this Contract is for Information Technology Goods andfor services, the decision may be appealed to an Executive Committee of State and Contractor personnel. b) Pending the final resolution of any dispute arising under, related to or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of Goods or providing of services in accordance with the State's instructions. Contractor's failure to diligently proceed in accordance with the State's instructions shall be considered a material breach of thls Contract. c) Any final decision of the State shall be expressly identified as such, shell be in writing, and shall be signed by the Department Director or designee or Deputy Director, Procurement Division If an appeal was made. If the State fails to render a final decision within 90 days after receipt of Contractor's demand, it shall be deemed a final decision adverse to Contractor's contentions. The State's final decision shall be conclusive end binding regarding the dispute unless Contractor commences en action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later. 42. STOP WORK: a) The State may, at any time, by written Stop Work Order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this Contract fora period up to 90 days after the Stop Work Order is delivered to the Contractor, and for any further period to which the parties may agree. The Stop Work Order shall be specifically identified es such and shall indicate it is issued under this clause. Upon receipt of the Stop Work Order, the Contractor shall immediately comply with its terms end take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the Stop Work Order during the period of work stoppage. Within a period of 90 days after a Stop Work Order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the State shall either: (I) Cancel the Stop Work Order, or (11) Terminate the work covered by the Stop Work Order as provided for In the termination for default or the termination for convenience clause of this Contract. ' b) If a Stop Work Order issued under this clause is canceled or the period of the Stop the Contractorshallroany resume worknThe State shall make an equitable adjustment in the delivery schedule, the Contract price, or both, and the Contract shall be modified, in writing, accordingly, if: (i) The Stop Work Order results in an increase in the time required for, or in the Contractor's cost properly allocable to the performance of any part of this Contract and (ir) The Contractor asserts its right to an equitable Revision 8/10/2009 (GSPD-401fT based on April 12, 2007) adjustment within 30 days after the end of the period of work stoppage; provided, that If the State decides the facts justify the action, the State may receive and act upon a proposal submitted at any time before final payment under this Contract c) If a Slop Work Order is not canceled and the work covered by the Stop Work Order is terminated In accordance with the provision entitled Termination for the Convenience of the State, the State shall allow reasonable costs resulting from 'the Stop Work Order in arriving at the termination settlement. d) The State shall not be liable to the Contractor for foss of profits because of a Stop Work Order issued under this clause. 43. FOLLOW-ON CONTRACTS: Ii the Contractor or its affiliates provides Technical Consulting and Direction (as defined below), the Contractor and its affiliates: (1) will not be awarded a subsequent Contract to supply the service or system, or any significant oomponent thereof, that is used for or in connection with any subject of such Technical Consulting and Direction; and (ii) will not act as consultant to any person or entity that does receive a Contract described in sub -section (I). This prohibition will continue for one (1) year after termination of this Contract or completion of the Technical Consulting end Direction, whichever conies later_ 'Technical Consulting and Direction" means services which the Contractor received compensation from the S and Includes: (I) development of or assistance In the development of work statements, specifications, solicitations, or feasibility studies; (il) development or design of test requirements; (iii) evaluation of test data; (iv) direction of or evaluation of another Contractor; (v) provision of formal recommendations regarding the acquisition of Information Technology products or services; or (vi) provisions of formal recommendations regarding any of the above. For purposes of this Section, "affiliates" . are employees, directors, partners, Joint venture participants, parent corporations, subsidiaries, or any other entity controlled by, controlling, or under common control with the Contractor. Control exists when an entity owns or directs more than fifty percent (50%) of the outstanding shares or securities representing the right to vote for the 'election of directors or other managing authority. To the extent permisslole by law, the Director of the Department of General Services, or designee, may waive the restrictions set forth In this Section by written notice to the Contractor if the Director determines their application would not be In the State's best Interest Except as prohibited by law, 'the restrictions of this Section will not apply: to follow-on 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 State hes entered into a master agreement for Software or services and the scope of work at the time of Contract execution expressly calls for future recommendations among the Contractor's own produce - The restrictions set forth in this Section are in addition Page 8of10 GSPD-4011T WESTERN STATES CONTRACTING ALLIANCE (WSCA) COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014) DELL MARKETING, L.P.(B27160) GENERAL PROVISIONS conflict of interest restrictions imposed on public Contractors by California law ("Confict Laws"). In the event of any Inconsistency, such Conflict Laws override the provisions of. this Section, even if enacted after execution of this Contract, 44. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services In excess of $200,000, the Contractor shall give priority consideration in filling vacancies In positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with PCC Section 10353: 45. COVENANT AGAINST GRATUmES: The Contractor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the State with a view toward securing the Contract or securing 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 terminate the Contract, either in whole or in part, and any ' loss or damage sustained by the State in procuring on the open market any items which Contractor agreed to supply shell be bome and paid for by the Contractor. The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by Law or In equity. 46. NONDISCRIMINATION CLAUSE: a) During the performande of this Contract, Contractor and tits subcontractors 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, national origin, disability (Including HIV and AIDS), medical condition (cancer), age. marital status, and denial of family care leave. Contractor and subcontractors shall Insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Govemment Code Section 12990 (a-f), set forth In Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof es if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b) The Contractor shall Include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract 47. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor swears under penalty of perjury that no more then one final, unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractors failure to comply with an order of the National Labor Relations Board. This provision is required by, and shall be construed in accordance with, PCC Section 10298. • 48. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to Govemment Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: a) In submitting a bid to the State, the supplier offers and agrees that Revision 8/1012009 (GSPD-4011T lased on April 12, 2007) if the bid is accepted, it will assign to the State all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of • Division 7 of the Business and Professions Code), arising from purchases of Goods, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tenders final payment to the supplier. b) If 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 receive reimbursement for actual legal costs incurred and may, upon demand, recover from the State any portion of the recovery, induding treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. c) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (i) the assignee has not been injured thereby, or (ii) the assignee declines lc file a court action for the cause of action. 49. DRUG -FREE WORKPLACE CERTIFICATION: The Contractor certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug -Free Workplace Ad of 1990 (Government Code Section 8350 et seq.) and will provide a drug -free workplace by taking the following actions: a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance Is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b) Establish a Drug -Free Awareness Program as required by Govemment Code Section 8355(b) to inform employees about all of the following: (i) the dangers of drug abuse In the workplace; (ii) the person's or organization's policy of maintaining a drug - free workplace; (tin) any available counseling, rehabilitation and employee assistance programs; and, (iv) penalties that may be imposed upon employees for drug abuse violations. c) Provide, as required by Govemment Code Section 8355(c), that every employee who works on the proposed or resulting Contract: (I) will receive a copy of the company's drug -free policy statement; and, (ii) 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 will provide only Four -Digit Date Compiiant (as defined below) Deliverables andlor services to the State. 'Four Digit Date Compliant" Deliverables and services cen accurately process, calculate, compare, and sequence date data, including without limitation date data arising out of or relating to leap years and changes in centuries. This warranty and representation Is subject to the warranty terms and conditions of this Contract and does not limit the generality of warranty obligations set forth elsewhere herein. ' Page 9of10 GSPD-4011T WESTERN STATES CONTRACTING ALLIANCE (WSCA) COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES (2009-2014) DELL MARKETING, L.P.(B27160) GENERAL PROVISIONS 51. SWEATFREE CODE OF CONDUCT: a) Contractor declares under penalty of perjury that no equipment, materials, or supplies fumished to the State pursuant to the contract have been produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. Contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.clov, and Public Contract Code Section 6108. b) Contractor agrees to cooperate fully In providing reasonable access to its records, documents, agents or employees, or premises if reasonably required by authorized 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 writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (PCC 12205). 53. CHILD SUPPORT COMPLIANCE ACT: For any Contract in excess of $100,000, the Contractor acknowledges In accordance with PCC Section 7110, that: a) The Contractor recognizes the importance of child and family support obligations and shall fully .comply with all applicable State and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and b) The Contractor, to the best of its knowledge is fully complying with the eamings assignment orders of all employees and is providing the names of all new employees to the New Hlre 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 Act of 1990 (42 U.S.C. 12101 et seq). 55..ELECTRONIC WASTE RECYCLING ACT OF 2003: The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to Its records and documents that evidence compliance. subdivision (a) of PCC Section 10295.1. 57. EXPATRIATE CORPORATIONS: Contractor hereby declares that It is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of PCC Sections 10286 and 10286.1, and is eligible to contract with the State. 58. DOMESTIC PARTNERS: For contracts aver $100,000 executed or emended after January 1, 2007, the contractor certifies that the contractor Is in compliance with Public Contract Code section 10295.3. 56. 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 State of any change in its retailer's seller's permit or certification of registration or applicable affiliate's seller's permit or certificate of registration as described in Revision 8/10/2009 (GSPD-4011T based on Apr1112, 2007) Page 10 of 10 RESOLUTION NO. 2014 — 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 (WSCA) CONTRACT B27160, AND AUTHORIZING THE PURCHASE OF 110 DESKTOP COMPUTERS AND MICROSOFT OFFICE SOFTWARE FOR THE NATIONAL CITY PUBLIC LIBRARY FROM DELL, INC., FOR AN AMOUNT NOT TO EXCEED $107,730.83 WHEREAS, there are 110 public desktop computers at the National City Library that are approximately seven years old; and WHEREAS, 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 failures occur; and WHEREAS, the Management Information Services ("MIS") Department desires to purchase desktop computers and Microsoft Office Software from Dell, Inc., for an amount not to exceed $107,730.83 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 110 desktop computers and Microsoft Office Software for the National City Public Library from Dell, Inc., for an amount not to exceed $107,730.83 by utilizing Western States Contracting Alliance Contract B27160. PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO. 20 ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process per Chapter 2.60.220(b) of the Municipal Code, and authorizing the Mayor to execute the first amendment to the annual software maintenance agreement with Northrop Grumman Systems Corporation in the total not -to -exceed amount of $221,659.00 to support the Law Enforcement Automated Field Reporting Svstem(AFR) PREPARED BY: Ron Williams DEPARTMENT: AS PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The Automated Field Reporting (AFR) system provides National City Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System (ARJIS). Due to the proprietary nature of the AFR system, Northrop Grumman Systems Corporation is the sole entity qualified to provide on -going software maintenance and support. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(b) of the Municipal Code, and amend the contract with Northrop Grumman Systems Corporation, for the following reasons: 1. Northrop Grumman is sole entity qualified to support the proprietary AFR software application. 2. No further purpose would be served by issuing a formal bid at this point in the process. FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-281-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends executing the first amendment to the annual software maintenance agreement with Northrop Grumman Systems Corporation. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Amendment, Contract Amendment No. 1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation WHEREAS, the Customer and Northrop Grumman Information Technology, Inc. (NGIT) entered into an Agreement effective July 1, 2009, whereby Northrop Grumman Information Technology, Inc. was to provide the Customer's Automated Field Reporting (AFR) System software maintenance services; and WHEREAS, Northrop Grumman Information Technology, Inc. has merged with and into its parent company Northrop Grumman Systems Corporation ("Northrop Grumman"), a Delaware corporation, acting through Northrop Grumman Information Systems sector, Cyber Solutions Division, with an office at 7555 Colshire Drive, McLean, VA 22102; and WHEREAS, the Customer desires to extend the term of the contract for additional three (3) years period under the Scope of the Agreement and amend the Price and Payment schedule to the Agreement; and WHEREAS, Northrop Grumman has agreed to extend the term of the contract for additional three (3) years period under the Scope of the Agreement and amend the Price and Payment schedule to the Agreement; NOW, therefore, it is agreed as follows: 1. Effective July 1, 2014, the term of the agreement shall be extended for additional three (3) years through June 30, 2017 as described on Exhibit A hereto. 2. Customer shall pay the amounts labeled "Total Due" per the Price and Payment Schedule, Exhibit "A" attached. Payment shall be made by the Customer within 30 days of the receipt of an invoice from Northrop Grumman. 3. All other Terms and Conditions of the Agreement, except as specifically changed hereby, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment, the day and year written below. The City of National City Northrop Grumman Systems Corporation: Signature of Authorized Representative Sue Jun Contracts Administrator Printed Name Date Title Date Document prepared 5/20/14 Amdl_0514 1 Amendment No. 1 to the Agreement between the City of National City (Customer) and Northrop Grumman Systems Corporation EXHIBIT "A" Price and Payment Schedule: Period No. 6 —July 1, 2014 — June 30, 2015 NG Software Maintenance: Automated Field Reporting System (AFR) Total Due, Period 6 Period No. 7 —July 1, 2015 — June 30, 2016 NG Software Maintenance: Automated Field Reporting System (AFR) Total Due, Period 7 Period No. 8 —July 1, 2016 — June 30, 2017 NG Software Maintenance: Automated Field Reporting System (AFR) Total Due, Period 8 $70,312.00 $70,312.00 $73,828.00 $73,828.00 $77,519.00 $77,519.00 Document prepared 5/20/14 Amdl 0514 2 (Rage 1 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MASTEHR-MAINTFNANC This Agreement is entered into between Northrop Grumman Information Technology, Inc. (represented herein by their Commercial State and Local Programs Business Unit), a Delaware corporation, with an office at 15010 Conference Center Drive, Chantilly, VA 20151-3801, hereinafter referred to as "NORTHROP GRUMMAN", and the City of National City, California, hereinafter referred to as "Customer". 1. SCOPE OF AGREEMENT NORTHROP GRUMMAN will provide the following services: MeesU� c~-provided for-by-the-NORTHROP GRUMMAN-Se1ware--Maintenance r�.� Sub -Agreement, (copy attached), which includes NORTHROP GRUMMAN provided software as shown on Exhibit A of the Software Agreement. The above shall be referred to as sub -agreements. 2. TERM OF AGREEMENT The term of this Agreement shall commence on July 1, 2009, and shall continue for a term of five (5) years at the prices outlined in Exhibit "A". 3. TERMINATION This Agreement may be terminated at any time by either party by providing a 90 day written notice of termination. As such, the Agreement shall terminate with no further financial obligation of the Customer with respect to payment of obligations due after 90 days from the date of such notice. 4. TERMS AND CONDITIONS In the event of a conflict, the terms of this Agreement shall take precedence over the terms and nonriitinnc of the cnh-agreements Document Prepared 6/9/09 MMK_AFR 0609 (3).doc Page 1 of 6 (Page 2 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. --MASTER-M INTENA iCE AGREEMEN`I� 5. PRICE AND PAYMENT The Customer shall pay the amount labeled "Total Due," with respect to the period identified, in Exhibit "A" (attached). The fees for Basic Software Maintenance shall be paid annually in advance. Per call and block time charges in Item 2 of Exhibit B NORTHROP GRUMMAN SOFTWARE MAINTENANCE SUB -AGREEMENT will be invoiced after the service is performed. Prices in this Agreement are exclusive of applicable taxes, if any. Taxes are the respon- sibility of the Customer and will be added to the invoices. Payment terms are net thirty (30) days from date of invoice. NORTHROP GRUMMAN reserves the right to charge interest for late payments at the rate of one and one-half percent (1.5%) per month. 6. AMENDMENT OF THIS AGREEMENT The Customer reserves the right to request changes which would include alterations, deviations, additions to or deletions from the scope of work of this Agreement, as may be deemed by the Customer to be necessary or required for the proper completion of the whole work contemplated. Any such changes will be set forth in an Amendment/Changes Orders to this Agreement which will specify the change in work to be performed and any increase/decrease in compensation due NORTHROP GRUMMAN for such work. No such requested changes shall be effective until the execution of an appropriate amendment of this Agreement by both parties. 7. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, or courier service to the respective parties as follow: The City of National City 1200 National City Blvd National City, CA 91-950— Document Prepared 6/9/09 MMK AFR 0609 (3).doc -Northrop Technology, Inc. Sue Jun -13010-Confesence- Center Drive - Chantilly, VA 20151-3801 Page 2 of 6 (Page 3 of 18) Northrop Grumman Information Technology, Inc. Pmprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. -MASTER-MMNTENANCE-A-GREEMEENT 8. INDEPENDENT CONTRACTOR NORTHROP GRUMMAN is an independent contractor under this Agreement, and not an employee or agent of Customer. All payments hereunder shall be made to NORTHROP GRUMMAN. No deductions shall be made from the payments provided for under Article V above for any reason including taxes, workman's compensation or insurance. . -LIMITATION OF LIA$1i1TN AND REMEDfE-S- a. Limited Warranty NORTHROP GRUMMAN MAKES NO WARRANTIES HEREUNDER, EITHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). b. Limitation of Remedy Except for damages to third parties as set forth in Section 10, customer agrees that NORTHROP GRUMMAN's liability hereunder for damages shall not exceed the annual maintenance fee paid to NORTHROP GRUMMAN for the maintenance period in which the cause of the action occurred. c. Limitation of Damages IN NO EVENT SHALL NORTHROP GRUMMAN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. Document Prepared 6/9/09 MMK AFR 0609 (3).doc Page 3 of 6 [rage 4 or ltl) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. TMAS'1'ER MAINTENANCE -AGREEMENT 10. INDEMNIFICATION NORTHROP GRUMMAN shall indemnify, defend, and hold harmless Customer from and against any and all claim, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by or with respect to third parties, which arise solely from the intentional misconduct or negligence of NORTHROP GRUMMAN, NORTHROP GRUMMAN's employees, agents or subcontractors. NORTHROP GRUMMAN shall not be responsible for, and Customer shall, within the limits of California law and without waiving any of its rights, privileges or governmental immunities from suit or liability, indemnify, defend, and —hold iarm ess-NORTHROP GRUMMAN rom and against, any and all - claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by or with respect to third parties, which arise solely from Customers' negligence. With respect to any and all claims, demand, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities, of, by or with respect to third parties, which arise from the joint or concurrent negligence of NORTHROP GRUMMAN and Customer, each party shall assume responsibility in proportion to the degree of its respective fault. 11. FUNDING The customer has reviewed their funding and verifies to Northrop Grumman that none of their funding to be used in this quotation will include American Recovery and Reinvestment Tax act of 2009 ("ARRA") funds, funds from the Emergency Economic Stabilization Act ("ESSA") or funds from the Trouble Assist Relief Program ("TARP"). Prior to applying any funds from any of the three identified sources of the funds above onto this contract the customer shall notify Northrop Grumman. If ARRA, TARP or ESSA finds are to be applied towards this contract, Northrop Grumman may either elect to terminate the effort for convenience prior to the application of any funds from the identified sources or to ratify the contract. 1 Document Prepared 6/9/09 MMK_AFR_0609 (3).doc Page 4 of 6 (Page 5 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. MAS'I`Ex MENT 12. ENTIRE CONTRACT This Agreement and attached Sub-Agreement(s) represent the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter hereof. This Agreement may be amended only by written instrument signed by the parties hereto. The City of National City: Signature of Authorized Representative Ul o,a Ma t a A. A 1.r®..: Printed Name fH'Aya&_ Title 7-t.s--o9 Date APPROVED AS TO FORM: Li; George HSeer, Ill City Attorney Northrop Grumman Technolgigy, Inc.: Sue Jun Contracts Administrator Information 30, OD 9 Date Document Prepared 6/9/09 MMK AFR_0609 (3).doc Page 5 of 6 (page 6 of 18) Northrop Grumman Information Technology, Inc. PRoprietaty Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. -MANATICE AGREEMENT - Exhibit "A" Price and Payment: Period No. 1 -July 1, 2009 - June 30, 2010 Basic Software Maintenance AFR $55,092.00 Total Due, Period No. 1 '55.092,00 Period No. 2 Anirl, 2010=-June30, 2011 Basic Software Maintenance AFR $57,846.00 Total Due, Period No. 2 551846.00 Period No. 3 -July 1, 2011 - June 30, 2012 Basic Software Maintenance AFR $60,739.00 Total Due, Period No. 3 S60.739.00 Period No. 4 -July 1, 2012 - June 30, 2013 Basic Software Maintenance AFR S63,776.00 Total Due, Period No. 4 S63,776.00 Period No. 5 -July 1, 2013 - June 30, 2014 Basic Software Maintenance AT 466 964M Total Due, Period No. 5 $60.964.00 Document Prepared 6/9/09 MMK_AFR 0609 (3).doc Page 6 of 6 (Page 7 of 18) Northrop Grumman information Technology, Inc. Ptoprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. -SOF NAME-N N- ANC-E-SUBS--REE-MIE-NT SUB -AGREEMENT effective July 1, 2009, between Northrop Grumman Information Technology, Inc. (represented herein by its Commercial State and Local Programs Business Unit), 15010 Conference Center Drive, Chantilly, VA 20151-3801 ("NORTHROP GRUMMAN") and the City of National City, ("Customer"). 1. SOFTWARE SYSTEM For the purpose of this Sub -Agreement, the "Software System" shall mean the NORTHROP GRUMMAN Computer Software System (Software System) identified in Exhibit A. 2. SOFTWARE SUPPORT SERVICES a. Maintenance Support With respect to the Software System, NORTHROP GRUMMAN agrees to perform, or cause to be performed, the following maintenance services: 1. NORTHROP GRUMMAN will retain a complete copy of the NORTHROP GRUMMAN application source code to guard against the permanent loss of system functions in the event of disaster. 2. If during the terns of this Agreement, (a.) the Customer discovers defects in the Software System such that same will not perform in accordance with NORTHROP GRUMMAN's design; (b.) the Customer notifies NORTHROP GRUMMAN of such defects; and, (c.) such defects are reproducible, then NORTHROP GRUMMAN shall provide, or cause to be provided, timely corrections of such defects. As applicable and required, Customer shall be responsible for installing corrections to applicable workstation software. 3. If problems arise concerning the Software System, NORTHROP GRUMMAN will provide telephone assistance within the schedule stated in Section 3, Problem Reporting. 4. If Critical problems arise from the NORTHROP GRUMMAN application (see 3. Problem Reporting) and the Customer cannot correct them by following system management raining andLor lLedure m ioualy supplied by NORTHROP GRUMMAN or Masi, NORTHROP GRUMMAN will provide assistance to restore the Software System opera- tions 24 hours _a_clay, 365 days a year without additional charge to the Customer. Document Prepared 06/09/09 SMK AFR 0609 Page 1 of 7 (Page 8 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential- NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. —SOFTWARE--NTE-NAIsICE SUB=ACRE-E-ME-NT b. Software Improvements and Upgrades During the term of this Agreement, NORTHROP GRUMMAN shall supply Customer with improvements and upgrades to those functions or features of the Software Products which were described in the Functional Specification Design and supplied under the applicable contract and which are not priced separately. NORTHROP GRUMMAN will provide one (l) software upgrade per year. c. Installation of Corrections, Improvements or Upgrades NORTHROP GRUMMAN shall provide changes and installation support to the Software Products including updates, upgrades, releases, patches, corrections or improvements by telephone modem or the appropriate transport media, all at the option of _NORTHROP GRUMMAN. _---Customer-__shall - -provide-installation, distribution,support or access as may be reasonably required to successfully install the changes. 3. PROBLEM REPORTING Problems are logged into NORTHROP GRUMMAN's problem tracking system and the Customer is given a problem ticket number. The call is prioritized based on what is being reported, and how serious the Customer perceives the problem. Priority one problems receive immediate attention and are worked continuously until resolved. Priority two, three and four calls are placed in the queue, assigned to programmers and are addressed based on order received and priority. Customers may escalate problems to the CSG Service Manager if they feel they are not being addressed in a timely manner. The following are NORTHROP GRUMMAN's prioritization: Priority One: Critical Guaranteed response time of 2 hours; worked continuously until respolved Software Errors that prevent or substantially interfere with operation of the NORTHROP GRUMMAN installed software for its primary intended purpose on a system wide basis, as described in the Functional Design Specification, such as those errors that can cause loss of data or prevent the product from running. Examples include, but are not limited to: Complete system outage (system down) of a major application —o--Computer Aided�ispat,,h o Message Switching System o Records Management System o -Mobile-Data-C-omputing System Document Prepared 06/09/09 SMK AFR 0609 Page 2 of 7 (Page 9 of 18) Northrop Gmmman information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. -SOFTWV-ARE- MA-INT-ENANCE SUB -AGREEMENT • Workstation failure of a critical workstation; mission critical tasks that cannot be performed on another workstation. • Database failure or performance degration to the point of inoperability Priority Two: High Guaranteed response time of 4 hours Software Errors that do not prevent or substantially interfere with operation of the NORTHROP GRUMMAN system for its primary intended purpose or are not system wide, but that do prevent or materially interfere with end user performance of common functions described in the Functional Design Specification. Examples include, but are not limited to: • Workstation failure of a non -mission critical workstation, where there is no alternate workstation for that functionality • Loss of communications with the mobile data controller, other than such loss due to malfunction occurring outside of the NORTHROP GRUMMAN system • System response times doubling and continuing beyond fifteen (15) minutes, other than such doubling due to malfunction occurring outside of the NORTHROP GRUMMAN system. Priority Three: Medium Guaranteed response time of 1 business day Minor problems that do not prevent the users from performing their job, but there is no reasonable work -around. Priority Four: Low Guaranteed response time of 5 business days Informational, or suggestion for future functionality of the software. 4. RESPONSIBILITIES OF CUSTOMER The obligations of NORTHROP GRUMMAN under this Agreement are conditioned upon: a. Customer assigning a Coordinator to ensure that Customer's assignments in connection with this Agreement are met, to coordinate appropriate schedules in connection with NORTHROP GRUMMAN's services hereunder, and to serve to provide other coordination activities which are necessary for NORTHROP GRUMMAN to perform its services hereunder. As applicable and required, Coordinator shall also be responsible for distributing Software System corrections to the individual client workstations. Document Prepared 06/09/09 SMK AFR_0609 Page 3 of 7 thage a of ia) g• Northrop Gntmman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTAVA3tE-MA-INTEN CE—Sid$—A-GREED T b. Customer will assign at least one (1) technically capable individual, as required by NORTHROP GRUMMAN to assist NORTHROP GRUMMAN in performing its services hereunder. c. Customer establishing an on -site dial -up line or VPN access to enable NORTHROP GRUMMAN to remotely access the Software System. Customer, in accordance with a schedule mutually agreed upon by NORTHROP GRUMMAN and Customer, shall connect the dial -in modem, at customer's cost and expense, in order to enable NORTHROP GRUMMAN to remotely access the Software System. Where applicable, Customer shall also compile programs and run appropriate tests following each remote access by NORTHROP GRUMMAN. d. Customer shall be responsible for controlling security and access to the computer systems. The Customer shall connect the dial -in modem or VPN access in a timely manner to allow NORTHROP GRUMMAN to perform maintenance activities, and the Customer shall provide the appropriate usernames and authorization codes to NORTHROP GRUMMAN whenever maintenance work is to be done. e. Customer shall not perform any modifications or enhancements to the Software System or allow any person or entity not specifically authorized by NORTHROP GRUMMAN to perform any modifications or enhancements to the Software System. f. As applicable and necessary, during the term of the Master Maintenance Agreement, and any subsequent extensions of the term, Customer shall provide NORTHROP GRUMMAN with a verified copy of the Software System back-up, including Source Code, on an annual basis, at no cost to NORTHROP GRUMMAN, for use in assisting the Customer during disaster recovery efforts if requested. It is the Customer's sole responsibility for insuring System Management Procedures are performed for continuous operation of the RMS systems. This includes, but is not limited to, performing system and file backups, routine configuration changes, installation of operating system and patches, system and database backups, system and database performance tuning, network problem diagnosis, and system monitoring and preventive maintenance. h. Customer shall coordinate hardware repairs with the appropriate third -Tarty hardware maintenance provider. Document Prepared 06/09/09 SMK_AFR_0609 Page 4 of 7 (Page 11 or 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMIVIAN INFORMATION TECHNOLOGY, INC. SOFTWARE E-SUB-AGREEMENT 5. TERM The term during which NORTHROP GRUMMAN shall be obligated to perform under Section 2 shall commence July 1, 2009, and, unless terminated pursuant to the NORTHROP GRUMMAN MASTER MAINTENANCE AGREEMENT shall continue for a period of five (5) years. 6. LICENSE With respect to each correction to the Software System furnished to Customer under this Agreement, Customer is granted a non-exclusive, non -assignable, non -transferable license to use such correction solely as appropriate as part of the Software System as defined in the" License" Article of the Agreement for the System(s)L Document Prepared 06/09/09 SMK AFR 0609 Page 5 of 7 (Page 12 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Information which is Commercial or Financial, and Privileged or Confidential. NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. SOFTWARE-MAJN3�-NA 1€E SUB -AGREEMENT - EXHIBIT A - SOFTWARE SYSTEM The software system to be maintained under this Agreement including any unique technical conditions is as follows: 1. The Customer's Automated Field Reporting System as defined in the Functional Specification Document as well as any enhancements submitted to and accepted by the Customer including any additional contractual work performed by Northrop Grumman. Document Prepared 06/09/09 SMK AFR_0609 Page 6 of 7 (Page 13 of 18) Northrop Grumman Information Technology, Inc. Proprietary Contains Trade Secrets and Lnfonnation which is Commercial or Financial, and Privileged or ConfdentiaL NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. -SOFTWARE MAINTENANCE SUB -A R EMENT - EXHIBIT B - SERVICES TO BE PROVIDED 1. Basic software service shall be provided five (5) days per week from 5:30 a.m. through 5:30 p.m. Pacific Time excluding NORTHROP GRUMMAN holidays. Calls made outside the above Basic service times will be billable as follows: Year 1 - $1,140 per call for the fast four hours of consultation and $285/hour for an additional consultation Year 2 - $1,200 per call for the first four hours of consultation and $300/hour for an additional consultation Year 3 - $1,260 per call for the first four hours of consultation and $315/hour for an additional consultation Year 4 - $1,320 per call for the first four hours of consultation and $330/hour for an additional consultation Year $1,3Uperrall-for he-first-four-hours-of-consultationand$347-/hour-for-anadditional nsaultation_. However, if Serious problems arise (see 3. Severity Level) and the Customer cannot correct them by following the system management procedures previously supplied by NORTHROP GRUMMAN, calls made outside of the Basic service times will not be billable. The determination of whether an after- hours call is billable will be made solely by NORTHROP GRUMMAN. 2. ON DEMAND MAINTENANCE SERVICES - ODMS ODMS is defined as forty (40) contiguous hours of remote NORTHROP GRUMMAN Programmer services for the "NORTHROP GRUMMAN installed system" (System). Services to be performed by the NORTHROP GRUMMAN Programmer are at the discretion of the Customer. It is advisable to transmit to NORTHROP GRUMMAN, prior to the NORTHROP GRUMMAN Programmer service, a list of work descriptions desired by the Customer. The ODMS to be performed by the NORTHROP GRUMMAN Programmer will be on a "best effort" basis. If the work is not complete or task finished by the NORTHROP GRUMMAN Programmer at the end of forty (40) hours, the Customer has the option to contract for additional ODMS or have NORTHROP GRUMMAN complete the work on a "time and materials" (T&M) basis. The additional ODMS or T&M work will have to be mutually agreed to and scheduled. ODMS work completed by NORTHROP GRUMMAN will then be transferred and maintained under the Master Maintenance Agreement. The annual ODMS rates for forty (40) hour blocks is as follows: Year 1 - $10,000 Year 2 - $10,500 Year 3 - $11,025 Year 4 - $11,500 Year 5 - $12,000 Customer has the option -to have-the-NORTHROP site. T-ravelis-not-included in the rates as defined as above. Travel shall be billed at cost phis 10%. Document Prepared 06/09/09 SMK AFR 0609 Page 7 of 7 (Page 14 of 18) RESOLUTION NO. 2009 —173 RESOLUTION OF THE CITY COUNCIL OF-1+1E-CITY Of NATIONAL —CITY AUTHORIZING THE MAYOR TO EXECUTE A SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. IN THE NOT -TO -EXCEED AMOUNT OF $66,964 TO SUPPORT THE LAW ENFORCEMENT AUTOMATED FIELD REPORTING SYSTEM WHEREAS, the Automated Field Reporting ("AFR") System provides the Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"); and WHEREAS, due to the proprietary nature of the AFR System, Northrop Grumman Technology, Inc., is the only entity qualified to provide on -going software maintenance and support, and Northrop Grumman Technology, inc., is willing to provide such service for the not -to -exceed amount of $66,964. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a software maintenance agreement Northrop Grumman Technology, Inc., in the not -to -exceed amount of $66,964 to provide software maintenance and support for the Police Department's Automated Field Reporting System. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of July, 2009. ATTEST: 4 Mic .el R. Della, ity Clerk APPROVED AS TO FORM: George H. iser, Ill� City Attorney Ron Morrison, Mayor (Page 15 of 18) Passed and adopted by the Council of the City of National City, California, on July 7, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Ierk of the ityNational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-173 of the City of National City, California, passed and adopted by the Council of said City on July 7, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT _§„.,MEETJNG_DA71_JL1y O7_20D9---------AGENDA_ITEM-MO. 8 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an annual software maintenance agreement with Northrop Grumman Information Technology Inc. in the not -to -exceed amount of $66,964 to support the Law Enforcement Automated Field Reporting System(AFR) PREPARED BY DEPARTMENT Ron Williams MIS (Ext. 4373) EXPLANATION The Automated Field Reporting(AFR) system provides National City Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System(ARJIS). Due to the proprietary nature of the AFR system, Northrop Grumman Technology Inc. is the sole entity qualified to provide on -going software maintenance and support. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Northrop Grumman Technology Inc., for the following reasons: 1. Northrop Grumman sole entity qualified to support the proprietary AFR software application 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formal bid at this point in the process. Environmental Review N/A Financial Statement Funded via IT internal services charges account 63 15-000-281-0000. Approved By: #'/' _ finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION `r ATTACHME-NTS (-Listed-Below) —Resolution-No, 0 C_q Attachment 1: Agreement A-200 (9/99) (Page .; or 18) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN INFORMATION TECHNOLOGY, INC. IN THE NOT -TO -EXCEED AMOUNT OF $66,964 TO SUPPORT THE LAW ENFORCEMENT AUTOMATED FIELD REPORTING SYSTEM WHEREAS, the Automated Field Reporting ("AFR") System provides the Police Department with real-time electronic records related to crime and arrest reports. The AFR data is processed and uploaded to the San Diego Area Regional Justice Information System ("ARJIS"); and WHEREAS, due to the proprietary nature of the AFR System, Northrop Grumman Technology, Inc., is the only entity qualified to provide on -going software maintenance and support, and Northrop Grumman Technology, Inc., is willing to provide such service or -the not=to-exceed am-o-nt of-$66,964 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a software maintenance agreement Northrop Grumman Technology, Inc., in the not -to -exceed amount of $66,964 to provide software maintenance and support for the Police Department's Automated Field Reporting System. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of July, 2009. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Niicfiael R�a11a, CMC - Ciityr C1 k (619) 336-4228 Fax: (619) 336-4229 July 15, 2009 Ms. Sue Jun Northrop Grumman Information Technology, Inc. 15010 Conference Center Drive Chantilly, VA 20151-3801 —Dear-Ms: dun, On July 7th, 2009, Resolution No. 2009-173 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Northrop Grumman Information Technology, Inc. We are forwarding a certified copy of the above Resolution and two partially executed original agreements. Please return one fully executed original agreement to us for our files. Sincerely, ;.? Michael R. Dalla, CMC City Clerk Enclosures ® Recycled Paper 108 109 120 125 172 325 502 626 627 629 643 Library Capital Outlay Gas Taxes Fund Plan Checking Revolving Fund Sewer Service Fund Trash Rate Stabilization Fund Development Impact Fee Fund Section 8 Facilities Maintenance Fund Liability Insurance Fund Information Systems Maintenance Motor Vehicle Service Fund 10,931 103,833 13,371 277,596 12,438 4,959 84,270 210,260 82,549 107,307 345,048 Total Cost Recovered By General Fund 1,252,562 13,937 13,937 $ 3,006 223,956 111,978 $ 8,145 16,327 16,327 $ 2,956 529,344 264,672 $ (12,924) 16,104 16,104 $ 3,666 7,386 7,386 $ 2,427 298,079 99,360 $ 15,090 509,932 254,966 $ 44,706 139,789 139,789 $ 57,240 146,433 146,433 $ 39,126 326,852 326,852 $ (18,196) 2,228,138 1,397,803 $ 145,241 RESOLUTION NO. 2014 — 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 AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE SOFTWARE MAINTENANCE AGREEMENT WITH NORTHROP GRUMMAN SYSTEMS CORPORATION IN THE NOT -TO -EXCEED AMOUNT OF $221,659 TO SUPPORT THE LAW ENFORCEMENT AUTOMATED FIELD REPORTING SYSTEM WHEREAS, on July 7, 2009, pursuant to Resolution No. 2009-173, the City Council authorized the Mayor to execute a software maintenance agreement with Northrop Grumman Information Technology, Inc., (the "Agreement") to support the law enforcement Automated Field Reporting System; and WHEREAS, the term of the Agreement was from July 1, 2009 through July 1, 2014; and WHEREAS, the parties wish to extend the term of the Agreement for an additional three years through June 30, 2017, and to amend the Price and Payment Schedule to the not -to -exceed amount of $221,659; and WHEREAS, Northrop Grumman Information Technology, Inc. has merged with and into its parent company Northrop Grumman Systems Corporation, a Delaware corporation. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Mayor to execute the First Amendment to the Agreement with Northrop Grumman Systems Corporation in the not -to -exceed amount of $221,659 to support the law enforcement Automated Field Reporting System. A copy of the First Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 21 ITEM TITLE: Resolution of the City of National City designating the officials authorized to order the deposit and withdrawal of City monies with financial institutions on behalf of the City of National City. PREPARED BY: Arnold Ocana DEPARTMENT: Fi c PHONE: 619-336-4342 APPROVED BY: EXPLANATION: The City Council of the City of National City is responsible for designating those City officials authorized to approve transactions with financial institutions on behalf of the City. Staff requests the list of authorized persons be updated, adding Financial Services Officer Javier Carcamo. The proposed resolution would concurrently designate Leslie A. Deese, City Manager; Mark Roberts, Director of Finance; Stacey Stevenson, Director of Administrative Services; and Javier Carcamo, Financial Services Officer; as the City's representatives authorized to perform these functions. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no financial impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution designating the persons authorized to order the deposit and withdrawal of City monies with financial institutions. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that the following City officers or their successors in office shall be authorized to order the deposit and withdrawal of monies with financial institutions on behalf of the City of National City: Leslie Deese, City Manager Mark Roberts, Director of Finance Stacey Stevenson, Director of Administrative Svc's Javier Carcamo, Financial Services Officer PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO, 22 ITEM TITLE: Resolution of the City of National City designating the officials authorized to order the deposit and withdrawal of City monies with the Local Agency Investment Fund ("LAIF") on behalf of the City of National City. PREPARED BY: Arnold Ocana DEPARTMENT: cinFinan PHONE: 619-336-4342 APPROVED BY: �'C EXPLANATION: The City Council of the City of National City is responsible for designating those City officials authorized to approve transactions with the LAIF on behalf of the City. Staff requests the list of authorized persons be updated, adding Financial Services Officer Javier Carcamo. The proposed resolution would concurrently designate Leslie A. Deese, City Manager; Mark Roberts, Director of Finance; Stacey Stevenson, Director of Administrative Services; and Javier Carcamo, Financial Services Officer; as the City's representatives authorized to perform these functions. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no financial impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution designating the persons authorized to order the deposit and withdrawal of City monies with the LAIF. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH THE LOCAL AGENCY INVESTMENT FUND WHEREAS, pursuant to Chapter 730 of the statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for the purpose of investment by the State Treasurer; and WHEREAS, the City Council of the City of National City does hereby find that the deposit and withdrawal of monies in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein are in the best interests of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information as provided in that regard. BE IT FURTHER RESOLVED that the following City officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Leslie Deese, City Manager Mark Roberts, Director of Finance Stacey Stevenson, Director of Administrative Svc's Javier Carcamo, Financial Services Officer PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO. 23 ITEM TITLE: Warrant Register #47 for the period of 5/14/14 through 5/20/14 in the amount of $1,970,581.44. (Finance) PREPARED BY: IK Analattnuil DEPARTMENT: Financ PHONE: 619-336-43311 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 5/14/14 through 5/20/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation City of San Diego 312409 1,250,073.00 Transportation and Treatment Of Sewer Mile of Cars Association 312436 60,674.47 Fiscal Year 2014 Assessment Apportionments #7 8 & 9 Pal Engineering Inc 312443 493,876.19 8th Street Smart Growth Project �I G FINANCIAL STATEMENT: APPROVED: __/_ Finance ACCOUNT NO. Reimbursement total $1,970,581.44. 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 $1,970,581.44. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: !Warrant Register #47 PAYEE SPARKLETTS SOUTH BAY MOTORSPORTS STEWART, G TURNERS PORTABLE WELDING FIRE PREVENTION SERVICES INC OPPER & VARCO LLP 4 IMPRINT INC ADAMSON POLICE PRODUCTS AMERICAN BACKFLOW SPECIALTIES ARANDA, H AUSTIN DOORS BOOT WORLD BRAVO, F BROADWAY AUTO GLASS BURKE WILLIAMS & SORENSEN LLP CALIFORNIA ELECTRIC SUPPLY CHARLOTTE WEBSTER CHICK'S ELECTRIC MOTOR INC IRISTENSEN & SPATH LLP 'AS DOCUMENT MANAGEMENT Y OF SAN DIEGO CLEARS CLF WAREHOUSE COMPUTER PROTECTION TECH INC DANIELS TIRE SERVICE DAPPER TIRE CO INC DION INTERNATIONAL TRUCK INC DISCOUNT SPECIALTY CHEMICALS EDCO DISPOSAL CORPORATION EMERGENCY EQPT ENGINEERING EXPERIAN FIRE ETC FLINT TRADING INC FLINT TRADING INC FON-JON KENNELS GOVCONNECTION, INC. GRAINGER GRANICUS INC GREEN MECHANICAL CONTRACTORS HERNANDEZ, A HONEYWELL INTERNATIONAL INC HUSS INC HYDRO SCAPE PRODUCTS INC VGUAGE LINE SERVICES .ER SAVER INC LINE X SAN DIEGO MAN K-9 INC. MILE OF CARS ASSOCIATION MUNICIPAL MAINTENANCE EQUIP NC POLICE OFFICERS ASSOCIATION WARRANT REGISTER # 47 5/20/2014 DESCRIPTION WATER / MYR R&M CITY VEHICLES AS NEEDED FY 2014 RE -ISSUE PR CHECK/ACCOUNT CLOSED LABOR TO REPAIR BOOM TRUCK REIMB WEED ABATEMENT #5, 6, 7, 8 & 10 LEGAL / WITOD WINDERMERE PEN / HR SCA SUMMIT LEVEL IIIA BALLISTIC VEST PURCHASE OF BACKFLOWS, GAUGES, PARTS REIMBURSEMENT / FIRE SUPPLIES CITY-WIDE ROLL -UP DOORS, SERVICE MOP 64096 SAFETY BOOTS - HOUSING REFUND -PERMIT FEE 2617 E 24TH ST FRONT RIGHT DOOR GLASS / PW SERVICES RENDERED - NEGOTIATIONS USPDU-M2200-112C-EV-SS / PW LIABILITY CLAIM COSTS GEMINI 620 MOTOR- OEM GEMINI 620 MOTOR SVCS RENDERED - S8 MONTHLY SHREDDING TRANSPORTATION AND TREATMENT OF SEWER 2014 CA LAW MEMBERSHIP - G REYNOSO SEALCLAMP / PW 20 AMP REPLACEMENT BATTERIES CITY HALL 315/ 80R225 L G291 LP TIRES P245/70R17 108S S2 WRL SR -A SL VSB TL SUPPORT/PW HEAVY DUTY DEGREASE / PW WASTE DISPOSAL SERVICES LEATHER GEAR / POLICE CREDIT CHECKS / POLICE 703211 BRAKE BALL STREET SIGNS / PW SALES TAX KENNEL FEES FOR POLICE K9'S SURFACE PRO 2 TABLETS 8GB RAM ICE MACHINE / PW GRANICUS WEBCASTING CITY-WIDE HVAC REPAIRS SUBSISTENCE-SHERMAN BLOCK LEADERSHIP LABOR, CHECKED ON VENTILATON ISSUES TEMPERATURE SENSOR PT 100 MOP 45720 E-Z REACHER - NSD LANGUAGE LINE INTERPRETATION MOP 45725 INK CARTRIDGES - PD PREP AND PRIMER / PW WEEKLY MAINTENANCE TRAINING FY14 ASSESSMENT APPORTIONMENTS #7 8 & 9 BEARING SHIM ENOUGH IS ENOUGH LUNCHEON 1/2 CHK NO DATE AMOUNT 312389 5/15/14 16.01 312390 5/19/14 3,468.14 312391 5/19/14 1,511.00 312392 5/19/14 3,326.60 312393 5/20/14 13,334.52 312394 5/20/14 10,998.24 312395 5/20/14 187.48 312396 5/20/14 4,741.50 312397 5/20/14 523.96 312398 5/20/14 25.86 312399 5/20/14 210.00 312400 5/20/14 125.00 312401 5/20/14 712.00 312402 5/20/14 169.00 312403 5/20/14 4,731.00 312404 5/20/14 5,713.20 312405 5/20/14 3,360.07 312406 5/20/14 498.84 312407 5/20/14 2,645.25 312406 5/20/14 92.95 312409 5/20/14 1,250,073.00 312410 5/20/14 30.00 312411 5/20/14 62.73 312412 5/20/14 10,043.14 312413 5/20/14 1,714.39 312414 5/20/14 574.19 312415 5/20/14 247.41 312416 5/20/14 857.89 312417 5/20/14 110.23 312418 5/20/14 345.06 312419 5/20/14 37.50 312420 5/20/14 64.62 312421 5/20/14 7,760.49 312422 5/20/14 698.43 312423 5/20/14 525.00 312424 5/20/14 4,479.09 312425 5/20/14 3,399.33 312426 5/20/14 1,477.35 312427 5/20/14 523.75 312428 5/20/14 468.00 312429 5/20/14 911.61 312430 5/20/14 299.83 312431 5/20/14 301.34 312432 5/20/14 66.90 312433 5/20/14 392.18 312434 5/20/14 1,663.70 312435 5/20/14 800.00 312436 5/20/14 60,674.47 312437 5/20/14 2,802.01 312438 5/20/14 225.00 PAYEE OLIVER PACKAGING ORKIN PEST CONTROL PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RED WING SHOES ROBINSON, S S D COUNTY SHERIFF'S DEPT S D MOBILE DETAILING SAFARILAND, LLC SAN DIEGO POLICE EQUIPMENT SDG&E SIGNA DIGITAL SOLUTIONS INC SIMMONS, T SKS INC. SMART & FINAL SMART SOURCE OF CA LLC SOUTH BAY FENCE INC. STAPLES ADVANTAGE STARTECH COMPUTERS STILES. J SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE ENGRAVING STORE THE LEW EDWARDS GROUP TODD PIPE & SUPPLY LLC TURF STAR U S BANK UNDERGROUND SERVICE ALERT UNION TRIBUNE UNITED RENTALS V & V MANUFACTURING VCA MAIN ST ANIMAL HOSPITAL VISION SERVICE PLAN (CA) SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 47 5/20/2014 DESCRIPTION HOME DELIVERED TRAYS & CONSUMABLES CITY-WIDE PEST MAINTENANCE FOR FY 2014 PACIFIC TELEMANAGEMENT PAYPHONE JANITORIAL SUPPLIES 8TH STREET SMART GROWTH KNIFE SHARPENING SERVICES MOP 45742 LAUNDRY SVC - NSD SAFETY FOOTWEAR - PW ED REIMBURSEMENT SHERIFF'S RANGE USE / POLICE EXTERIOR WASH POLICE VEHICLE 494 INV 113-160676, 113-156699 / PD LAB SUPPLIES INV 609145 / 607587 - EQUIP POLICE FACILITIES DIVISION GAS & ELECTRIC REPAIR OCE PLOTTER/PRINTER REIMBURSEMENT / FIRE SUPPLIES OIL / PW MOP 45756 MISC SUPPLIES - CITY MGR MOP 63845 FORM PRINTING - PD 200 FT. OF 42" HIGH, BLACK, VINYL CHAIN COPY PAPER MOP 61744 MISC SUPPLIES - MIS REIMB - BRUSH FIRES STREET DIVISION WATER FY 2014 FOOD & CONSUMABLES / NUTRITION 3X4 JADE PAPER WEIGHT / POLICE STRATEGIC ANALYSIS PLUMBING MATERIALS, PARTS, SUPPLIES KEY- WOODRUFF CREDIT CARD EXPENSE - HR UNDERGROUND SERVICE ALERT CHARGES LEGAL NOTICES ADVERTISING RENTAL OF CONCRETE TRAILER NEW BADGES, BADGE REPAIRS / POLICE FOR K9 VET CARE VISION SVC PLAN - MAY 2014 Start Date End Date 5/14/2014 5/20/2014 GRAND TOTAL 2/2 CHK NO DATE AMOUNT 312439 5/20/14 1,512.00 312440 5/20/14 375.73 312441 5/20/14 228.00 312442 5/20/14 186.36 312443 5/20/14 493,876.19 312444 5/20/14 46.00 312445 5/20/14 15.02 312446 5/20/14 125.00 312447 5/20/14 1,000.00 312448 5/20/14 700.00 312449 5/20/14 125.00 312450 5/20/14 2,734.16 312451 5/20/14 10, 852.62 312452 5/20/14 31,221.90 312453 5/20/14 150.00 312454 5/20/14 87.50 312455 5/20/14 628.20 312456 5/20/14 393.15 312457 5/20/14 312458 5/20/14 312459 5/20/14 1,bu, 312460 5/20/14 326.73 312461 5/20/14 80.51 312462 5/20/14 357.57 312463 5/20/14 2,250.74 312464 5/20/14 495.42 312465 5/20/14 3,246.75 312466 5/20/14 798.36 312467 5/20/14 76.20 312468 5/20/14 600.00 312469 5/20/14 318.50 312470 5/20/14 775.60 312471 5/20/14 205.13 312472 5/20/14 522.74 312473 5/20/14 105.38 312474 5/20/14 256.17 AM Total 1,964,822.10 5,759.34 $ 1,970,581.44 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 ROBERT , 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 17th OF JUNE, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 4 ITEM TITLE: Warrant Register #48 for the period of 5/21/14 through 5/27/14 in the amount of $1,673,896.94. (Finance) PREPARED BY: 1K. Apalategui PHONE: 1619-336-4331 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 5/21/14 through 5/27/14. DEPARTMENT: inarp APPROVED BY: -1G In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Project Professionals Corp 312523 171,675.16 8th Street Smart Growth Project FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Reimbursement total $1,673,896.94. 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 $1,673,896.94. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: !Warrant Register #48 PAYEE LAW OFFICES OF EDWARD Z KOTKIN POWER PLUS A REASON TO SURVIVE ADAMSON POLICE PRODUCTS ALDAZ, G ALDEMCO ALL FRESH PRODUCTS ASSI SECURITY INC AT&T MCI AT&T MCI AT&T MOBILITY BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BOOT WORLD BPI PLUMBING BRIAN COX MECHANICAL INC CABRALES, I CEB r.HILDREN'S HOSPITAL OF CHULA VISTA __AIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN OF SAN DIEGO DIVISION OF THE STATE DREW FORD HYUNDAI EQUIFAX INFORMATION SVCS FEDEX GOODYEAR TIRE & RUBBER COMPANY GRAINGER GREEN MECHANICAL CONTRACTORS GROSSMAN PSYCHOLOGICAL GTC SYSTEMS INC KNIGHT, J KNOX ATTORNEY SERVICE INC LASER SAVER INC LOPEZ, T MARTIN & CHAPMAN MELLADO DESIGNS METRO AUTO PARTS DISTRIBUTOR NAPA AUTO PARTS NATIONAL CREDIT REPORTING NINYO & MOORE )RE JANITORIAL SUPPLIES RY FORD PMW ASSOCIATES PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY r--0'1118 8 • WARRANT REGISTER #48 5/27/2014 DESCRIPTION LEGAL / 2013 OVERSIGHT BOARD FOR S A EQUIPMENT RENTAL / S A CITYWIDE BICYCLE PARKING PROJECT SCA SUMMIT LEVEL IIIA BALLISTIC VEST REIMB. RESIDENTIAL RENTAL FOOD / NUTRITION FOOD FOR NUTRITION CENTER CITY-WIDE SECURITY REPAIRS FY 2014 ATT PHONE SERVICE / 3/13/14 - 4/12/14 ATT PHONE SERVICE 4/13/14 - 5/12/14 ATT WIRELESS SERVICE / 3/06/14 - 4/05/14 RESTRAINING ORDER / CITY ATTORNEY PERSONNEL ISSUES MOP 64096 SAFETY BOOTS- R SORIANO CITY-WIDE PLUMBING SERVICE, REPAIR CITY-WIDE HVAC FY 2014. PER SERVICE SUBSISTENCE: CIVILIAN MANAGEMENT WRONGFUL EMPLOYMENT TERMINATION SR2S RADY'S CHILDREN FOR ANIMAL SHELTER COSTS LIABILITY CLAIMS SVCS / MAY 2014 RCS SYSTEM MAINTENANCE COX COMMUNICATIONS DATA WATER SOFTENER DISABILITY ACCESS/ED FUND AUTOMOTIVE PARTS EQUIFAX SVC / SEC 8 DELIVERY TO SAN LEANDRO MOP 72654 TIRES MOP 65179 CORD REEL - PARKS CITY-WIDE HVAC REPAIRS FY 2014 OFFICER ASSISTANCE PROGRAM NETWORK SUPPORT REIMB. 2014 LCC CITY ATTORNEY'S RESEARCH - TRIAL TAPES MOP 45725 INK CARTRIDGES NUTRITION TRANSLATION SERVICES 2014 ELECTION MATERIALS HATS & T'S- BLACK WITH EMBROIDERED NC MOP 75943 AUTOMOTIVE PARTS MOP 45735 AUTOMOTIVE PARTS CREDIT REPORTING / S8 8TH STREET IMPROV. PROJECT JANITORIAL SUPPLIES MOP 45703 AUTOMOTIVE EQUIPMENT TUITION: CIVILIAN MANAGEMENT SEMINAR MOP 45707. SUPPLIES / NSD KNIFE SHARPENING SERVICES 8TH ST SMART GROWTH MOP 45742. LAUNDRY SERVICES / PARKS CHK NO DATE 312475 5/27/14 312476 5/27/14 312477 5/27/14 312478 5/27/14 312479 5/27/14 312480 5/27/14 312481 5/27/14 312482 5/27/14 312483 5/27/14 312484 5/27/14 312485 5/27/14 312486 5/27/14 312487 5/27/14 312488 5/27/14 312489 5/27/14 312490 5/27/14 312491 5/27/14 312492 5/27/14 312493 5/27/14 312494 5/27/14 312495 5/27/14 312496 5/27/14 312497 5/27/14 312498 5/27/14 312499 5/27/14 312500 5/27/14 312501 5/27/14 312502 5/27/14 312503 5/27/14 312504 5/27/14 312505 5/27/14 312506 5/27/14 312507 5/27/14 312508 5/27/14 312509 5/27/14 312510 5/27/14 312511 5/27/14 312512 5/27/14 312513 5/27/14 312514 5/27/14 312515 5/27/14 312516 5/27/14 312517 5/27/14 312518 5/27/14 312519 5/27/14 312520 5/27/14 312521 5/27/14 312522 5/27/14 312523 5/27/14 312524 5/27/14 1/2 AMOUNT 180.00 195.00 1,710.06 5,215.66 285.00 5,559.93 1,084.21 240.00 9,538.46 68.16 5,220.92 11,067.50 360.00 116.62 438.60 2,134.00 640.00 203.35 45,899.21 27,754.94 4,965.00 7,526.00 3,025.00 8.00 708.00 708.02 292.24 62.04 953.76 27.15 120.00 4,737.50 1,267.50 160.69 166.50 419.49 140.00 100.65 1,621.92 29.25 12.80 20.70 8,964.00 350.86 1,052.33 561.00 347.05 46.00 171,675.16 612.89 PAYEE PUBLIC EMP RETIREMENT SYSTEM SDG&E SEAPORT MEAT COMPANY SKS INC. SPARKLETTS STAPLES ADVANTAGE STARTECH COMPUTERS SUN BADGE COMPANY INC SUPERIOR READY MIX SYSCO SAN DIEGO INC THE SOCO GROUP, INC. THE STAR NEWS THOMSON WEST UNION TRIBUNE PUB CO UNITED ROTARY BRUSH CORP US BANK VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 11 4/29/2014 WARRANT REGISTER #48 5/27/2014 DESCRIPTION REPLACEMENT BENEFIT FUND STREET DIVISION GAS & ELECTRIC CHARGES FOOD / NUTRITION MOBIL SPECIAL SAE WATER/DELIVERY FOR NUTRITION MOP 45704. OFFICE SUPPLIES / REDEV MOP 61744 MISC SUPPLIES - MIS BADGES --UNIFORM TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS FOOD & CONSUMABLES HYDROCARBONS / PW ADVERTISING - VEHICLE AUCTION ON LINE LEGAL RESEARCH PUBLIC NOTICING FOR PLANNING COMMISSION MOP 62683 AUTOMOTIVE PARTS ADMIN FEES / 2011 TAX ALLOC / 3/1/14-2/2 MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE 1 POLICE VERIZON CELL SERVICE / 3/22/14 - 4/21/14 MOP 68834 !PAINTING SUPPLIES / NSD MISCELLANEOUS JANITORIAL SUPPLIES FY CLEAR INVESTIGATIVE DATABASES MOP 45763 MISC SUPPLIES - MIS SERVICE PERIOD 4/29/14 - 5/12/14 End Date Check Date 5/12/2014 5/21/2014 GRAND TOTAL GI L CHK NO DATE AMOUNT 312525 5/27/14 108.18 312526 5/27/14 30,038.35 312527 5/27/14 2,491.62 312528 5/27/14 577.23 312529 5/27/14 3.56 312531 5/27/14 4,750.29 312532 5/27/14 975.18 312533 5/27/14 276.32 312534 5/27/14 517.10 312535 5/27/14 6,472.14 312536 5/27/14 284.56 312537 5/27/14 53.81 312538 5/27/14 759.92 312539 5/27/14 532.00 312540 5/27/14 242.45 312 541 5/27/14 1,500.00 312542 5/27/14 259.06 312543 5/27/14 77.48 312544 5/27/14 6,303.25 312545 5/27/14 1,2 312546 5/27/14 2,2 312547 5/27/14 455.11 312548 5/27/14 78.37 A/P Total 388,852.13 5222014 5/22/14 307,511.00 941,533.81 $ 1,637,896.94 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 17th OF JUNE, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. �25 ITEM TITLE: Temporary Use Permit — 2014 State of the City Address sponsored by the City of National City on August 7, 2014 from 5pm to 8pm at Cornerstone Church located at 1914 Sweetwater Road. This is a City - sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rivera PHONE: (619) 336-4364 EXPLANATION: This is a request from the City of National City to conduct the 2014 State of the City Address event on August 7, 2014 from 5pm to 8pm at 1914 Sweetwater Road. DEPARTMENT: Neig .orhiod Services Division APPROVED BY: This is an annual event where the Mayor addresses National City residents regarding city accomplishments to date. Various vendors will provide food samples. No city street closures required for this event. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, and $63.75 fees for Public Works. Total fees are $300.75. INVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and waiver of fees according to Council Policy No. 804. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert — Fair — Festival _ Community event _ Parade _ Demonstration — Circus _ Block Party _Motion Picture _Grand Opening _Other Event Title: 2014 State of the City Address Event Location: Cornerstone Church, 1914 Sweetwater Road Event Date(s): From 8/7/2014 to 8/7/2014 Actual Event Hours: 5:00/pm to 8:00pm Total Anticipated Attendance: 500 Participants Setup/assembly/construction Date: 8/7/2014 Start time: 10:00 am Please describe the scope of your setup/assembly work (specific details): setting up tables, chairs, canopies Dismantle Date: 8/7/2014 Completion Time: 10:00 p 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. N/A Sponsoring Organization: CITY OF NATIONAL CITY Chief Officer of Organization (Name) MAYOR RON MORRISON Applicant (Name): MAYOR RON MORRISON Address: 1243 NATIONAL CITY BOULEVARD Daytime Phone: (619) 336-4233 Evening Phone: (619) 250-6091 Fax: (619) 3364239 E-Mail: rmorrisonknationalcityca.gov Contact Person "on site" day of the event: Josie Flores Clark Cellular: 619-787-3687 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? NO Are admission, entry, vendor or participant fees required? NO If YES, please explain the purpose and provide amount(s): $ N/A- Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A - Estimated Expenses for this event. $ N/A - What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. THE MAYOR WILL ADDRESS CITY RESIDENTS REGARDING CITY ACCOMPLISHMENTS TO DATE. VARIOUS RESTAURANTS WILL PROVIDE FOOD SAMPLES TO THE GUESTS AFTER THE PROGRAM. N/A - If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: NO - Does the event involve the sale or use of alcoholic beverages? NO - Will items or services be sold at the event? If yes, please describe: 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. NO - Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES - 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: WE WILL BE USING LIGHT TOWERS Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. FIRST AID STATION WITH THE CHURCH Please describe your Accessibility Plan for access at your event by individuals with disabilities: CHURCH AND FACILITY IS ADA COMPLIANT Please provide a detailed description of your PARKING plan: CHURCH PROPERTY PARKING AND SHUTTLE PROVIDED FOR TRANSPORT Please describe your plan for DISABLED PARKING: POSTED PARKING AREAS Please describe your plans to notify all residents, businesses and churches impacted by the event: N/A NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the Cit parks. NO - Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: NO- Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm NO - Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm YES - Does the event involve the use of tents or canopies? If YES: Number of tent/canopies APPROXIMATELY 15 to 25 only if the weather is bad. Sizes 12X12 NOTE: A separate Fire Department permit is required for tents or canopies. NO - 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: n 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: _x_ GAS _x ELECTRIC CHARCOAL _x_ 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 im a .cjiate area available to the public during the event) Tables # 45 and Chairs # d, Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: EXTRA PATROL NCPD AND CHURCH STAFF 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: Please describe the sound equipment that will be used for your event: NO - Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES - Any signs, banners, decorations, special lighting? If YES, please describe: SPONSOR BANNERS, GENERATOR LIGHTING 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: CITY OF NATIONAL CITY Person in Charge of Activity: MAYOR RON MORRISON Address 1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 91950 Telephone 619-336-4233 Date(s) of Use 8/07/2014 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 tow State of the City IWO/ Map id or(' • kie Dop,-ose CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: City of National City EVENT: 2013 State of the City Address DATE OF EVENT: August 7, 2014 TIME OF EVENT: 5 p.m. to 8 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Development Services has no involvement in this event. RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured PUBLIC WORKS (619)336-4580 Facilities Division Estimated costs to provide facilities personnel are as follows: • 45 tables @ $1 ea • 25 chairs @ $.75 ea • TOTAL 45.00 18.75 $ 63.75 Street Division No involvement Parks Division No Involvement FINANCE If vendors are from within the Church and selling on behalf of the Church they will not need a Business License. All Food Vendors should have a Health Permit (Food Handlers Card/Certificate). FIRE (619) 336-4550 NO FEE FOR EVENT AS LONG AS INSPECTION IS DONE DURING NORMAL BUSINESS HOURS Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. A 28 foot turning radius shall be required at all turn lanes surrounding structure 4) Provide 2A:10BC fire extinguishers in the food areas. Extinguisher to be mounted in a visible location between 3'/2` to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example 6) 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. Certificate of State Fire Marshal flame resistance shall be provided to the National City Fire Department if applicable. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 7) Canopies (10x10's) can be grouped together and are not to exceed four in a group (400 square feet). A separation of 10 feet shall be required between groups of four (400 Square feet). If canopies grouped together exceed 400 square feet, a charge and permit will be required by the National City Fire Department prior to the event. Please contact the National City Fire Department for requirements. 8) Internal combustion power sources (Generator) that may be used for the event shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Fueling shall be performed prior to beginning of event. 9) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from tents and people. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 12) First Aid will be provided by organization 13) Fees can only be waived by City Council. COMMUNITY SERVICES No comments. POLICE Extra Patrol will be provided for 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. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 26 EM TITLE: Continued Public Hearing of the City Council of the City of National City to consider establishment of Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, pursuant to City Council Policy 710 "Residential Permit Parking Program" (TSC 2013-25) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Consider establishment of Residential Permit Parking District "K". BOARD / COMMISSION RECOMMENDATION: At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K". ATTACHMENTS: 1. Explanation 2. Signed Petitions 3. Exhibits / Tables 4. Affidavit of Posting "Notice of Public Hearing" 5. Staff Report to the Traffic Safety Committee on December 11, 2013 (TSC 2013-25) EXPLANATION The purpose of the public hearing is to consider establishment of Residential Permit Parking District "K." The process for establishing a Residential Permit Parking District is governed by City Council Policy No. 710, "Residential Permit Parking Program." In determining whether a residential area identified as eligible for residential permit parking may be designated as a Residential Permit Parking District, City Council shall take into account factors which include but are not limited to the following: 1) The extent of the desire and need for the residents to have residential permit parking; 2) The extent to which legal on -street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; 3) The extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather than resident vehicles — for the purpose of the parking survey and analysis, "resident" vehicles were considered as those registered to owners residing "within" the proposed Residential Permit Parking District boundaries and "commuter vehicles were considered as those registered to owners residing `outside" of the proposed District boundaries; 4) The extent to which motor vehicles registered to persons residing within the proposed Residential Permit Parking District boundaries cannot be accommodated by the number of available off-street parking spaces. This item was presented to the Traffic Safety Committee on December 11, 2013. A handful of residents attended, all in support of the District. Based on the testimony from residents and the information provided in the attached Traffic Safety Committee report, the Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K," with the understanding that Engineering staff would obtain additional information from residents to establish appropriate time restrictions for the District. At the regularly scheduled City Council Meeting of February 18, 2014, a public hearing was held to consider establishment of Residential Permit Parking District "K". Based on testimony from residents, and the information presented by staff, Council voted to continue the public hearing to the regularly scheduled City Council Meeting of April 15, 2014, and directed staff to collect additional survey data related to off-street parking. At the regularly scheduled City Council Meeting of April 15, 2014, Council voted to continue the public hearing to the regularly scheduled City Council Meetingof May y 6, 2014, to allow staff additional time to review the off-street parking survey results, prepare exhibits and tables, and provide a summary of findings. At the regularly scheduled City Council Meeting of May 6, 2014, Council voted to continue the public hearing to the regularly scheduled City Council Meeting of June 17, 2014, and directed staff to perform additional parking enforcement within the proposed Residential Permit Parking District and provide a summary of activities. Data on enforcement activities is included in the Attachments. Background Ms. Maria Erickson and Ms. Alma Fernandez, residents of 2535 and 2525 "B" Avenue, respectively, have requested the establishment of a Residential Permit Parking District on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, to address lack of available on -street public parking. Currently, there are nine active Residential Permit Parking Districts: "A", "C", "D", "E", "F", "G", "H", "I", and "J" (District "B" was subsequently removed by City Council action at the request of area residents.) This report addresses establishment of a new Residential Permit Parking District "K" as illustrated in the attached exhibit. The proposed District excludes the street frontage of all commercial properties, apartment complexes and condominiums. As previously stated, the process for establishing a Residential Permit Parking District is governed by City Council Policy No. 710, "Residential Permit Parking Program." The first step in the process is for interested residents to initiate and distribute a petition in support of the District. The petition shall clearly state the boundaries of the proposed District. According to the Policy, at least 60% percent of homeowners within the proposed boundaries of the District are required to sign the petition in order for staff to perform a formal evaluation. Ms. Erickson and Ms. Fernandez distributed a petition to their neighbors and returned the signed petition to the Engineering Department for review. Staff confirmed that approximately 80% of the homeowners residing within the proposed District boundaries signed the petition. Analysis and Recommendations Consistent with Policy No. 710, Engineering staff coordinated with Neighborhood Services to have Parking Regulations Officers conduct a series of license plate surveys on vehicles parked curbside within the proposed District boundaries over a four -week period. Days of week and times of day were staggered to achieve an equitable sample. The purpose of the survey is to verify parking demand and determine the percentage of vehicles registered to owners residing within the proposed District versus those residing outside of the District. The National City Police Department processed the license plate numbers from the surveys to obtain the property addresses associated with the registered vehicle owners and emailed the results to Engineering. Per Policy No. 710, in order to consider establishment of a new Residential Permit Parking District, at least 70% of the available curbside parking spaces within the proposed District must be occupied by commuter vehicles (as previously defined by staff for the purpose of the survey and analysis.) The survey results and analysis indicate that approximately 81% of the vehicles surveyed were registered to owners that reside outside of the District. It shall be noted that approximately 34% of the vehicles surveyed were registered to owners that reside in either the apartments or condominiums located adjacent to the proposed District. Only approximately 19% of the vehicles surveyed were registered to owners that reside within the District boundaries. The results also confirm that parking within the proposed District is in high demand due to the lack of available on -street parking observed during the field surveys. At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, with the understanding that Engineering staff would obtain additional information from residents to establish appropriate time restrictions for the District. Staff mailed letters to homeowners and tenants in proximity to the proposed District inviting them to attend the Traffic Safety Committee Meeting. A handful of residents attended, all in support of the District. Engineering staff field -verified the time restrictions associated with the nine existing Residential Permit Parking Districts and prepared a summary table (see attached.) Most of the time restrictions are early morning to early evening, Monday through Friday. Only one District is posted for permit holders 24-hours a day, seven days a week. Staff contacted Ms. Erickson and Ms. Fernandez regarding their preferred time restriction for the District. They suggested a "24/7" parking restriction for non -permit holders. For consistency with the other Districts, staff asked Ms. Erickson and Ms. Fernandez to consider a 12-hour time restriction. Ms. Erickson and Ms. Fernandez met with their neighbors who reached a consensus that posting a time restriction of 10:O0am-10:00pm, Monday through Saturday would be most appropriate. At the regularly scheduled City Council Meeting of February 18, 2014, a public hearing was held to consider establishment of Residential Permit Parking District "K". Based on testimony from residents, and the information presented by staff, Council voted to continue the public hearing to the regularly scheduled City Council Meeting of April 15, 2014, and directed staff to collect additional survey data related to off-street parking. At the regularly scheduled City Council Meeting of April 15, 2014, Council voted to continue the public hearing to the regularly scheduled City Council Meeting of May 6, 2014, to allow staff additional time to review the off-street parking survey results, prepare exhibits and tables, and provide a summary of findings. The additional data collected, which was presented at the continued public hearing held on May 6, 2014, is presented in the attached `Parking Inventory" exhibit and "Off -Street Parking Occupancy Survey" table. As previously stated, during the original license plate surveys staff observed limited available on -street parking. However, based on the results from the recent off- street parking surveys, off-street parking appears to be underutilized. For example, overnight parking, which represented the highest off-street parking occupancies, still resulted in over 40% of off-street parking spaces being underutilized by residents. Most notably, the combination of four single-family and two multi -family residences located on the east side of the 2500 block of "B" Avenue, north of E. 26th Street, had an overnight parking occupancy of only 20%. Notice of Public Hearing On February 5, 2014, Public Hearing Notices were posted at various City Hall bulletin boards and along E. 26th Street and "B" Avenue within the proposed Residential Permit Parking District "K" boundaries. On February 7 and 14, 2014, the Public Hearing Notice was advertised in the San Diego Union -Tribune. The Public Hearing Notice was also mailed to homeowners and tenants in proximity to the proposed District. An affidavit was signed by the City Clerk and Engineering staff at least 10 days prior to the February 18, 2014 meeting (see attached.) Issuance of Permits and Restrictions Residents living within the boundaries of a Residential Permit Parking District may purchase an annual parking permit for $35, which is valid for one year effective February 1st through January 31 st. The option to "prorate" is unavailable at this time given the current fee structure. Applicants are required to provide proof of residency and valid vehicle registration in order to be eligible for a permit. After verification and proof of payment, staff will issue a placard, which must be clearly displayed in the vehicle. Up to two annual permits may be purchased per household. In addition, annual permit holders may apply for up to two temporary visitor permits per household at no cost. The temporary permits are valid for up to 14 days. Only permit holders with valid Residential Permit Parking District placards and/or those with valid disabled persons placards may park within the District during the posted time restrictions. Per the California Vehicle Code and City ordinance, vehicles (with or without placards) may not be parked at the same location on any public street for more than 72 consecutive hours. REQUEST FOR RESIDENTIAL PERMIT PARKING DISTRICT PETITION TO ESTABLISH A RESIDENTIAL PERMIT PARKING DISTRICT ON THE EAST SIDE OF THE 2500 BLOCK OF `B" AVENUE NAME (PRINT) SIGNATURE DATE STREET ADDRESS 4�hj141i k l ;C�Say ��`` ) t.tc;•_ 1 144;4,,_ 'Arlo a S yg 6 1) 4y1 yicjsd+ A1 .. 1 Cam,, Y101113 .11,c . .2535 n "6/ . ittM 4 F 4 ,1.. &'JLQ- ! f3 2,525 b /4/ c. U. 4 �'' 12.0 Z 1 2Avt REQUEST FOR RESIDENTIAL PERMIT PARKING DISTRICT PETITION TO ESTABLISH A RESIDENTIAL PERMIT PARKING DISTRICT ON E. 26TH STREET BETWEEN'B" AVENUE AND "D" AVENUE NAME (PRINT) SIGNATURE DATE STREET ADDRESS ALr, C. 6ti7ifs.� %u�.,4.,.,, %1/1) .2 /9 i. A 444 /S c u-c.o re i/s. '/',? a (9 -__c v i' C F i3 1 E - Ca �� l/ ' V�- (6 .a�, -� aa5 E , a71-j s Avv-ko hAt-ia6z !13 1/E,. ,,7i,ce, / 44i - ' z. 3-Z6 4 <L ilf1 4/ I-a993 30, aefirt--- A6/A r7 E lVcx-.,r c1m,, b wort c-, '-Csa %3 /3 t G,: il/sisiir eoy 3 6--.2‘.617 ,v,osve er/1 esz.0EA17- -2- Proposed Residential Permit Parking District "K" Parking Inventory for Proposed Residential Permit Parking District "K" Apartments SFR =4 MFR=2 a,y• [f r3421741 v ;.rac3aai Condominiums Legend: = Proposed Residential Permit Parking District Wt" 15 (2.5) = on -street parking spaces = off-street parking spaces (off-street spaces per unit) = living units SFR = Single Family Residence MFR = Multiple Family Residence Totals: 52 on -street parking spaces 187 oft -street parking spaces 134 living units SFR =7 MFR=5 Sweetwater High School Off -Street Parking Occupancy Survey for Proposed Residential Permit Parking District "K" Wed 03/26/14 Wed 03/26/14{, THU 3/27/14 Available 10:00 AM 5:00 PM .').. 4:00 PM Location Land Use Off Street Parking Occupied Spaces Occupied Spaces Occupied Spaces 2500 block of B Ave, north of E. 26th St (west side of street) 56 units (apartments) 68 19 28% 25 37% 26 38% 2500 block of B Ave, north of E. 26th St (east side of street) 6 units (4 SFR, 2 MFR)* 15 3 20% 2 13% 3 2096 1 7% E. 26th St between 8 Ave and D Ave (north side of street) 12 units (condominiums) 15 9 60% 12 80% 22 80% 9 60% E. 26th St between B Ave and D Ave (north side of street) 48 units (condominiums) (closed garages)** 32 n/a n/a t/8 n/a (surface parking) 31 11 35% 13 42% 21 657G' 16 52% E 26th Street between B Ave and D Ave (both sides of street) 12 units (7 SFR, 5 MFR)* 26 8 31% 13 50% -12 46% 11 42% Total 187 Total (surface parking only) 155 50 32% 65 42% 87 569 63 41% Nntac• * SFR = Single Family Residence; MFR = Multi -Family Residence ** Occupancy data could not be collected since garages were closed 1 n .73n0 ilf 0 t-91 -1-4-11 I WU 1 J 1 MEI 111:011 ram F r PR LTJI 11 1011 , numfAriu !Art] urr , 4L111114Clai M 1 LT J EJ111Iii i 1s irk. IIMuldr. 111b: nir ITITT1 Li 11113" LIME au r- I \CTI ri.1 nJ Uff1 PILI [1FI Uri PIJ 1 LJWTflhifl Up] Fit r 7_1 1 I r r t 11 ri1111 liI F lrtt [in 0 m 4 GI izr L. 1' C) r- r -6- PARKING ENFORCEMENT 1/1/2013-12/31/2013 2500 B Avenue TOTAL CITES: VIOLATIONS: No parking - red curb Missing / display of plates Missing / Expired Tabs 200 E 26th Street TOTAL CITES: VIOLATIONS: 72 HR Storage on Street Pkg on Hills Wheel Crimping No Parking - Red Curb Disable zone/ curb cut Park on Hills/ Crimp Hills Missing / display of plates Missing / Expired Tabs Plate Position No Cover Allowed over Plate 300 E 26th Street TOTAL CITES: VIOLATIONS: Pkg on Hills Wheel Crimping No Parking - Red Curb 18in from Curb - Must Park Parallel Parked on Sidewalk Park on Hills/ Crimp Hills Missing / display fo plates No Cover Allowed over Plate Missing / Expired Tabs MUNICIPAL CODE 11.32.190.A1 5200 5204 A 11.32.060 11.32.130 11.32.190.A1 22500 L 22509 5200 5204 A 5201 5201 F 11.32.130 11.32.190.A1 22502 A 22500 F 22509 5200 5201 F 5204 A Total cites per violation 5 2 2 1 21 3 3 4 2 1 2 3 2 1 33 1 11 1 1 1 7 4 7 Total number cites for the specific area 59 PARKING ENFORCEMENT 1/1/2014-5/31/2014 MUNICIPAL CODE 2500 B Avenue Total cites per violation TOTAL CITES: 23 VIOLATIONS: No parking - red curb 11.32.190.A1 2 Blocking a driveway 22500 E 11 Obstructing traffic 22500 G 3 Double-parked 22500 H 3 Blocking intersection 22526 3 Expired Registration 4000 A 1 200 E 26th Street TOTAL CITES: 2 VIOLATIONS: No parking - red curb Disable zone/ curb cut 300 E 26th Street 11.32.190.A1 22500 L 1 1 TOTAL CITES: 2 VIOLATIONS: 18in from curb - must park parallel Missing / display fo plates 22502 A 5200 1 1 Total number cites for the specific area 27 Existing Residential Permit Parking Districts - Time of Day Parking Restrictions Parking District General Location Time of Day Parking Restrictions Notes A E 20th St & B Ave 8AM-7PM, Daily B Removed by CittCouncil Action C W Plaza Blvd & Hoover Ave 7AM-7PM, Mon -Fri D W 11th St & Roosevelt Ave 7AM-7PM, Mon -Fri E W 14th St and Roosevelt Ave 7AM-7PM, Mon -Fri F E 9th St & A Ave 6PM-6AM, Mon -Fri, All day Sat & Sun G E l6th St & G Ave 7AM-7PM, Mon -Sun H E Plaza Blvd & C Ave 7AM-7PM, Mon -Fri 1 E 24th St & A Ave 7AM-7PM, Mon -Fri J W 14th St & Hoover Ave 24/7 K E 26th St & B Ave 10AM-10PM, Mon -Sat Proposed District AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING STATE OF CALIFORNIA ) County of San Diego ) KENNETH FERNANDEZ, being first duly sworn, certifies: THAT he is now and has been the ACTING ASSISTANT CIVIL ENGINEER of the CITY OF NATIONAL CITY: THAT the City Council of National City will hold a Public Hearing on February 18, 2014, to consider ESTABLISHING RESIDENTIAL PARKING DISTRICT "K" ON BOTH SIDES OF E. 26TH STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF THE 2500 BLOCK OF "B" AVENUE, PURSUANT TO CITY COUNCIL POLICY 710 ENTITLED RESIDENTIAL PERMIT PARKING PROGRAM. THAT he caused the notices of said Public Hearing to be posted at intervals of no more than 100 feet as prescribed by law, on the 5th day of February 2014 and thereafter, he made this affidavit and filed it with the City Clerk of the City of National City. Dated at National City, Califomia this 5th day of February, 2014. enneth Fernandez Acting Assistant Civil Engineer Mi heel R. Dall=, CMC City Clerk -8- 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 11, 2013 ITEM NO. 2013-25 ITEM TITLE: REQUEST TO ESTABLISH RESIDENTIAL PARKING DISTRICT "K" ON BOTH SIDES OF E. 26TH STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF "B" AVENUE NORTH OF E. 26TH STREET (BY M. ERICKSON/A. FERNANDEZ) PREPARED BY: Kenneth Fernandez, P.E., Acting Assistant Civil Engineer, Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Maria Erickson and Ms. Alma Fernandez, residents of 2535 and 2525 "B" Avenue, respectively, have requested the establishment of a residential parking district in their surrounding neighborhood on both sides of E. 26'h Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26'h Street to address on -street public parking. According to both Ms. Erickson and Ms. Fernandez, the number of vehicles regularly parked on the street often times nearly occupies a majority of available public parking regardless of the time or day of the week. There is a similar parking condition immediately to the west at "A" Avenue where Parking District "I" is in operation. Currently, there are nine active residential parking districts: "A", "C", "D", "E", "F", "G", "H", "I", and "J". This report addresses a proposed tenth Residential Parking District "K". Two citizen -initiated petitions were created and distributed around the neighborhood. Both petitions clearly stated the action being requested and specific location of said action. It was then submitted to Engineering staff for review. The neighborhood is composed of commercial, single-family, multiple -family, apartment complex, and condominium residences. This proposed parking district excludes the frontage of the commercial, apartment complex, and condominium residences. Engineering staff analyzed the petitions in accordance with the Residential Permit Parking Program Policy Number 710. First, at least 60% percent of homeowners within the proposed boundaries of the residential parking permit district are required to sign the petition in order to move forward with the process. This condition was met. Second, Engineering requested that the City's Neighborhood Services Division, Parking Enforcement Section provide data throughout a four -week window and record the license plates of vehicles parked in the proposed district. Data was collected in the early morning and again in the late afternoon/early evening except on Sundays. This task was completed. -9- Next, Engineering analyzed the data and compared it with DMV vehicle registration information (a.k.a. 10-28 Forms) provided by the City's Police Department. Staff then differentiated parked vehicles registered to residents within the proposed parking districts to those parked vehicles not registered within or associated to a commercial, apartment complex, and condominium residences adjacent to the proposed parking district. As such, it was determined that approximately 80 % of the vehicles parked did not belong to the proposed residential parking district. If a residential parking district is established, those residents within the district are able to purchase an annual parking placard for $35 year-round. Each permit is valid effective February 1st and expires on January 31st of the following year. Qualified residents are allowed to purchase up to two placard (or up to four placards if the residence is located on a comer lot). Currently, there is no proration of the district parking permit fee if purchased after February 1g'. Those residents with a valid parking or disabled placard shall be allowed to park in the same location within the district for up to 72 continuous hours. Vehicles without a properly displayed permit or with a permit but at a different parking district than that assigned to them may be cited and/or towed. STAFF RECOMMENDATION: Given the data collected, analyzed, and evaluated per Policy Number 710, Staff recommends the following enhancements in establishing Residential Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street for the purpose of addressing on -street public parking: 1. Order and Install "No Parking except vehicles displaying District "K" or disabled parking placard" signage with "Start" and "End" indicators on poles with time-, day, and parking district -restricted verbiage on the public right-of-way. EXHIBITS: 1. Location Map 2. Photos 3. Current Residential Permit Parking Map with proposed Parking District "K" 4. Residential Permit Parking Program - Policy Number 710 2013-25 -10- Location Map with Recommended Enhancements (TSC Item: 2013-25) Proposed installation of customised residential parking district 'PM Parking - Except By Permit" signage on poles (example shown below) Eastside of'B" Avenue looking northeast from E. 261h Street E. 26th Street looking west from 300 block of E. 26th Street -12- E. 26th Street looking east from 300 Mock of E. 26th Street -13- 1jr 11111111 1. alL14I1.111D11111O1111 11411,T,1_11,4 E1r.l11i 1I1FEEL1 EII T= PI-anai i- NN- _1 ,_,_ S 6 /1:168 i [Ao0 Onc Ci -14- CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 Purp_ se Page 1of9 The purpose of this policy statement is to regulate a Residential Permit Parking Program heretofore established by the City Council. A petition for a Residential .Permit Parking Area shall be 'directed to the Tic Safety Committee. Before further processing of a request for a Residential Parking Permit District the petition shall be signed by 60% of the owners within the proposed botmdariea of the Residential Paridnng Permit District. The Traffic Safety Committee shall direct the City Engineer to proceed with the processing of this program in conformance with the following stated procedures. SECTION 1. Definitions (a) "Residential Area" shall mean a contiguous area consisting of primarily residential uses containing public streets or parts thereof, (b) "Residential Permit ParkingArea" shall mean the adjacent public street frontage to a residential area designated as herein provided wherein resident motor vehicles displaying a valid permit as described herein shall be exempt from parking restrictions established pursuant to this policy statement; (c) "Resident Vehicle" shall mean a motor vehicle parked in a residential area in which it is registeredwith . the Stateof California Department of Motor Vehicles or a similar registering entity; (d) "Comimutet. Vehicle" shall mean a motor vehicle, other than one described in subparagraph"(e) herein, parked in a residential area in which it is not registered with the State of Calii4irnia Department of Motor Vehicles; (e)' "Transient Vehicle" shall mean a motor vehicle which has been issued a temporary residential parking permit pursuant to this policy statement; (f) "Motor Vehicle" shali include an automobile, truck, recreation vehicle, motorcycle or other motor -driven or self-propelled form of transportation. CITY OF NATIONAL CITY -15- ADOPTED: August 23, 1994 CITY COUNCIL POLICY ALE: RESIDENTIAL, PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: Page 2of9 (g) "Owns" shall mean that a person has at least one -quarter interest in a parcel of real property within a residential pennitparking area. (h) "Lease".:shall mean that 'a person pays rent or other remuneration for use of a parcel of real property as his residence or place of business. (i) 'Person" e son"ion, club, shall mean natural person, joint venture, Joint Stock Company,, partnership assocompany, corporation, business trust, organization, or the employee, lessee, manager, officerm or servant of any of theagent, (j) "City Engineer" shall mean the City Engineer of the City of National City or his designee. (k) "Clerk" shall mean the person or officer who is or acts as clerk of the City Council of the City of National City. 1) "Code" shall mean National City Municipal Code. SECTION 2. Designation of Residential Permit Parking Areas (a) The City Council shall, upon the recommendation of the Traffic Safety and subsequent to a public bearing consider for desiCommittee areas those residential areas meeting and satisfyingdesignation as fictive cl t permit t parking established in this policy statement.the objective criteria therefore (b) The City Council shall then designate by resolution certain residential areas as residential e nuand parking areas in which motor vehicles displaying a valid parking Pent* may parked without limitations by parking time or parking area reetrictions established by this policy statement. Said resolution shall also state the applicable parking regulation and period of the day for its application, and the fee to be charged upon permit issuance. CITY OF NATIONAL CITY -16- ADOPTED: August 23, 1994 SECTION 3. Designation Criteria (a) A residential area shall be deemed eligible for consideration as a residential permit parking area ig based on studies -prepared at the direction of the City Engineer, objective.criteria establish that the residential area is impacted by commuter vehicles any extended period during the day or night, or weekends, or during holidays. (b) In determining whether a residential area identified as eligible for residential permit parking may be designated as a residential permit parldng area, the City Council shall take into account factors which include but are not limited to the following: (1) The extent of the desire and need for the residents for residential permit Ping; (2) The extent to which legal on -street parking spaces are occupied by motor vehicles during the period proposed fbr parking restriction; (3) The extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather than resident vehicles; (4) The extent to which motor vehicles registered to persons residing residential area cannot be accommodated by the number of available off-street Parking spaces. CITY COUNCIL, POLICY TITLE RESIDENTIAL PER1vIlt PARKING PROGRAM POLICY TER: 710 AMENDED OR REVISED: Page 3 of 9 (c) The following are set forth as minimum criteria in determining whether to proceed with a recoi unendation for approval of a Residential Permit Parking District: (1) The Residential Parking Permit District shall consist of at least one side of a street section between two consecutive intersecting streets. (2) At least 70 percent of the available curbside parking spaces are occupied by commuter vehicles during the time the parking study is being conducted. CITY OP NATIONAL CITY -17- ADOPTED: August 23, 1994 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: Page 4 of 9 SECTION 4. Designation Process (a) When directed to do so by the Traffic Safety Committee, the City cause to have such.servpy$ ,and. studies as, are deemed necea,. to Engineer shwa residential area iii eligible for reside tial ' determine whether a' . permit (b) Upon the completion of the surveys or studies, the City Engineer shall provide a written report to the Traffic Safety Committee on the subject of: (1) Eligibility of the residential area under consideration for residential permit Parking; (2) Tentative boundaries for the proposed residential permit pig area; and (3) Appropriate area prohibition or time limitation on parking and the period of the day for its application. (c) The Traffic Safety Committee shall review the report and its findings and subsequently make a recommendation to the City Council to approve or deny the Proposed Residential Parking Pit District The City Council at the next possible Council meeting following the Traffic Safety Committee public hearing on the establishment of the proposed Resides tP arking Diset a sstrict a (d) The Clerk shall, cause notice of such hearing to be published twice in a local teanewdays of general circulation in the city. The first publication shall be not less than pry to the date of such hearing. (e) The City Engineer shall cause notice of such hearing to be posted not more than one hundred foot intervals and at all street intersections, the proposed at d residential permit Parking area tersections, in the proposed (f) The notice shall clearly state the purpose of the hearing; the location and date and time of the hearing; the tentative boundaries of the proposed residential permit pig area; and that any interested person shall be entitled to appear and be heard. CITY OF NATIONAL CITY -18- CITY COUNCIL POLICY 'TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR REVISED: Page 5 of 9 SECTION 5. Public Hearing (a) At the public hearing, the City Council. may review the written reports, surveys and studies, -fake publc..Iestimony and 'determine • whether the proPoied Residernial Permit Parking District is justified- .and desired by the residents within the boundaries of the district and the immediate neighborhood. The City Council may then designate by resolution the new Residential Permit Parking District and direst the City Engineer to cause the appropriate signing of the District per Section 7. SECTION 6, Issuance of Permits (a) The City Engineer is hereby authorized and directed to issue, 'upon proper written application therefore, a parking permit .Each such permit shall list the license number of the motor vehicle for which it is issued, and the date when it was issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. The City Engineer is authorized to issue such rules and regulations, not inconsistent with this policy statement, governing the manner in which persons shall qualify for parking permits; (b) Parking permits may be issued for motor vehicles only upon application of the following persons; (1) A legal resident of the residential permit parking area who has a motor vehicle registered in his/her name, or who has a motor vehicle for his/her exclusive use and wider his/her control; (2) Apecson who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than one parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such a person. (c) Proof of residency shall be demonstrated by providing rent or utility receipts or other such documents that verifies residency to the satisfaction of the City Engineer, CITY OF NATIONAL CITY -19- ADOPTED: August 23, 1994 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: Page 6 of 9 (d) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated by providing a valid vehicle registration card and a valid drivers license. (e) Temporaryiiesidential-parking Permits may be issued for vehicles which are:_ (1) Owned, rented or under theoperational control of any person who owns or leases, property in the residential permit area, or (2) used in providing services to persons or property in the residential permits may also be issued to vehicles owned by temporary o prary visitorsideoparking residing in the residential permit parking area. Such em ywho are parking permits shall have all of the temporary residential A rrghts and privileges of a regular Permit. A temporary parking permit shall be valid for no more than fourteen days from the date of issuance. No resident of a residential permit parking area shall be issued more than two temporary parking permits at one time. A temporary residential panting permit issued to a vehicle providing services or to vehicles owned by temporary visitors shall be considered to be a temporary pit issued to the aresident of the property where the services are provided or the temporary visitors ding. (f) Long-term visitor parking permits may be issued to residents of a permit district who require regular service or care over a long period of time. The resident must establish the need for a Long -tern permit by indicating a disability or a hardship situation that requires regular at-home care or some other assistance for a period of more than two was. A resident shall be limited to one such long-term visitor permit which may be transferable to the vehicles of multiple care or service providers. Each care or service provider shalt register their vehicle(s) with the Engineering Department. The long-term pit shall be valid for one year after the date of issuance. Long -tern visitor parking permits issued per this Paragraph shall be counted against the permit limits of paragraph (8)• (g) The number of permits issued to any one address in a residential area to the number of curbside spaces along the property frontage shall ibes limited Non -single family residential addresses shall be limitedr two, two pwhichever is gres. The determination of the number of spaces along the property frontage shall be ade by the City Engineer_ CITY OF NATIONAL CITY -20- ADOPTED: August 23, 1994 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: Page 7 of 9 SECTION 7. Posting of Residential Permit Parking Area Upon adoption by the City. Council of a resolution designating a residential permit pericinteree, the City Engineer pursuant to Title II . o£.the.Code- shall cause- appropriate signs to be • erected in the area indicating, prominently, thereon the area prohibition or limitation, period of the day -for its application, and conditions under which pit parking shall be exempt therefrom. SECTION 8. Display of Permits Permits shall be displayed in a manner deteanined by the Chief of Police. SECTION 9. Permit Parking Exemptions A resident motor vehicle or transient motor vehicle on which is displayed a valid parking permit as provided for heroin shall be permitted to stand or be parked in a residential permit parking area without being limited by time restrictions 9r area prohibitions established pursuant to this policy. Said resident motor vehicle or transient motor vehicle shall not be exempt from pang restrictions or prohibitions established pursuant to an authority other than this policy. All other motor vehicles other than vehicles specified in Title II of the Code and vehicles where the operator or the passenger being transported by said vehicle displays a license issued under the provisions of Section 22511.5 of the California Vehicle Code, parked within a residential permit parking area shall be subject to the time restrictions or area prohibitions adopted as provided in this policy, as well as the penalties provided for herein. A residential parking permit shall not guarantee or reserve to the holder thereof an on - street pig space within the designated residential permit parking area. SECTION 10. Application for and Duration of Permit Each Pig permit issued by the City Engineer shall be valid for not more than one year from the date of issuance. Permits shall expire on the last day of the of the formation of the area in such manner as maybe re �' month Each application or reapplication for a t required by the City suEnfficient nt to identify the applicant, his residence address r shall contain rfficient property owned or CITY OF NATIONAL CITY -21- ADOPTED: August 23, 1994 CITY COUNCIL, POLICY TITLE: RESIDENTIAL, PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: Page 8 of 9 leased within a residential permit parking area, and the Iicense number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the City Engineer. SECTION 11. Permit Fees (a) The annual renewal- fee for a residential parking permit shall be $10.00 and shall be revised byresolution at such time when user fees in general are -updated. (b) The fee for a temporary residential parking permit shall be two dollars ($2.00). SECTION 12. Penalty Provisions (a) It shall be unlawful and a violation of this policy unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle for a period exceeding the time limitation or in violation of the area prohibition established pursuant hereto. Said violation shall be an infraction punishable in accordance with the provisions of Title Ilofthe Code. (b) It shall be unlawful and a violation of this policy for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefore; (c) It shall be unlawful and a violation of this policy for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is used. Such conduct shall constitute an unlawful act and violation of this policy both by the person holding the valid parking permit and the person who uses or displays the permit on a motor vehicle other than that for which it is issued; (d) It shall be unlawful and a violation of this policy fora person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the City Engineer or designate. use ul and a violation of this policy for a person to knowingly It shall tether be or CITY OF NATIONAL CITY _22_ ADOPTED: August 23, 1994 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: Page 9 of 9 display a facsimile or counterfeit parking permit in order to evade area prohibitions or time limitations on parking applicable in a residential permit parking area. A violation of this subsection shall be a misdemeanor punishable in accordance with the provisions of Section 11.12 of the Code. SECTION 13. Revocation of Permit aTa City Engineer or designate is authorized to revoke the residential palling permit of n Y person found to be in violation of this policy and, upon written notification thereof; the person shall surrender such permit to the City Engineer. Failure when so requested to surrender a residential parking permit so revoked shall constitute a violation of law and of this policy. SECTION 14. Severability The provisions of this policy area severable and if any provisions, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words or parts of the policy or their application to other persons or circumstances It is hereby declared to be the legislative intent that this policy would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, sectiion, word or part had not been included therein, or if such person or circumstance to which the policy or part thereof is held inapplicable had been specifically exempted therefrom. SECTION 15. Sunset Provision and Removal of Designation. (a) Each residential permit parking area may be re-evaluated for eligibility 2 years after the date of designation and every 2 years thereafter. The City Engineer shall apply the same criteria as provided in Section 3 to determine if the area is still eligible for the designation. (b) The designation process set forth in this policy statement shall be utilized by the City Engineer and the City Council in determining whether to remove a desi residential permit parking area from a particular residential area or ortion ];won as a p thereof. CITY OF NATIONAL CITY -23- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 27 ITEM TITLE: Public Hearing to consider adoption of the report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for-FY 2014- 15 as required by the California Health and Safety Code Section 5473, Et seq., pertaining to collection of sewer charges on the tax roll PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (619) 336-4383 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold the public hearing BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: . Explanation _. Report - Sewer Service Charges by Parcel Number for FY 2014-15 (on file at City Clerk's Office) Explanation: The City of National City provides sewer services to about 9,000 customers. A public hearing is required annually for preparation of the sewer tax rolls. Sewer service charges will be collected along with property taxes. Collecting sewer through the tax roll avoids a separate and costly billing process. This year, there is no proposed change to the sewer rate for service areas within the City of National City. The charges described in this report have been previously approved by the City Council. This is a request to conduct a public hearing on the National City tax roll reports, and to subsequently adopt a resolution approving collection of sewer service charges on the tax rolls, as authorized by the Uniform Sewer Ordinance and County Water Service Ordinance. The Public Hearing is to consider adoption of the report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2014-15 as required by the California Health and Safety Code Section 5473, et seq., pertaining to collection of sewer charges on the tax roll. Said report is on file with the Office of the City Clerk. The Notice of Public Hearing was published on two consecutive Fridays on May 30, 2014 and June 6, 2014. Pursuant to Ordinance No. 2003-2226 passed on July 8, 2003, the City Council adopted a three- year sewer service fee rate adjustment schedule commensurate with projected Regional Wastewater treatment increases and elected to have sewer service charges collected on the tax roll, as provided by California Health and Safety Code Section 5473 et seq. The City of National City sewer services fees are monthly flat rates based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The following table summarizes the three-year rate plan adopted by the City Council in 2003. It shall be noted that the City's sewer services rates have not increased since FY 2006. The costs of wastewater collection, transportation and treatment had increased dramatically in the years prior to 2003. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover those costs and costs associated with the National Pollutant Discharge Elimination System (NPDES) permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters the City's storm drain system. These rates are still applicable today barring any unforeseen changes. Therefore, there are no proposed rate increases for FY 2014-15. National City Sewer Services Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variables Rates (per HCF) Suspended Solids/BOD Suspended Strength Category Solids/BOD Strength Range Commercial — Low Commercial — Medium Low Residential Flat Rates (per month) < 200 PPM 201 to 280 PPM FY 2004 FY2OO5 FY 2006 Monthly Monthly Monthly $22.08 $28.08 $32.08 $19.00 $23.00 $25.00 $13.50 $17.50 $19.50 $2.85 $2.89 $3.03 $3.09 $3.13 $3.28 FY 2004 FY2005 FY 2006 Monthly Monthly Monthly Commercial — Medium 281 to 420 PPM $3.84 Commercial — Medium High 421 to 660 PPM $4.60 Commercial — High > 600 PPM $5.75 $3.90 $4.09 $4.68 $4.90 $5.86 $6.12 • cl rY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (June 17, 2014 AGENDA ITEM NO.28 ITEM TITLE: Public Hearing - Report and Account for Weed Abatement PREPARED BY: Robert Hernandez/Fire Marshal DEPARTMENT: Fire PHONE: 1336-4552 APPROVED BY: EXPLANATION: In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-35611 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: :C%1K4if/ nance APPROVED: MIS STAFF RECOMMENDATION: Hold Public Hearing BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: .1) Report and Account (Exhibit "A") • City of National City Weed Abatement Program 2014/2015 Fixed Charge Special Assessments 556 312 10 00 �.r.Ll�� it� $1,035.08 ..-. i .7.7'. a49i �: ,y: nr>�afr �!'rill Pev 905 E 6th St National City 91950 Beeman Wi&iam J 905 E 6th St CA 91950 556 314 04 00 $889.84 427 K Ave National City 91950 K2 Ventures Inc 14566 Via Bergamo San Diego CA 92127 557 41026 00 $5,418.72 Palm Ave National City 91950 Palm Plaza Associates L L C 915 Camino Del Mar#200 Del Mar CA 92014 557 43018 00 $1.108.58 1415 Sheryl Ln National City 91950 Pedroza John P:Hilda 1415 Sheryl Ln National City CA 91950 558 030 30 00 $884.12 1035 Harbison Ave National City 91950 Dimenstein Sam Tr 360 Hilltop Dr •L. 91910 560 064 02 00 $895.10 1513 Roosevelt Ave National City 91950 Library Village South Inc 9948 Hibert St #210 San Diego CA 92131 Total Parcels: y^` --� Total Assess: $10,231_44 SUMMARY REPORT FOR APN 556-312-10-00 05/20/13 Initial inspection was made, property was found to be in violation. 05/23/13 Mailed 30 day courtesy notice to the owner. 06/04/13 Notice returned. 06/04/13 Verified ownership information with County of San Diego. 06/25/13 Re -inspection was made. property was found to be in violation. 06/25/13 Posted property. 06/26/13 Mailed 10 day final notice to the owner, certified mail. 07/02/13 Certified notice returned "unable to forward". 07/08/13 Final inspection was made. property was found to be in violation. 07/09/13 Verified ownership information with County of San Diego. 07/19/13 Estimate given to property owner. Owner declined. 07/22/13 Work order authorization signed by District Official. 08/26/13 F.P.S.I. crews abated the property. 08/28/13 Recieved email inquiry about abatement. 08/29/13 Left message. 08/29/13 The owner was mailed a bill at the contracted rates. 09/23/13 The owner was mailed a final bill. 10/07/13 A Notice of Abatement was filed on the property. 06/05/14 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CiTY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Beeman William J Parcel Number: 556 31210 00 Address: 905 E loth St Date: 5/23/2013 National City, CA 91950 Location of Public Nuisance: 905 E 6th St National City 91950 instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the pronerty. (Please maintain any and all grasses below 3 inches year round/ You an hereby directed to abate the public nuisance described above. of which you are the occupant or owner. within thirty (30) days of 5/23/2013. **Your failure to comply with this outer will result in the City having your property cleaned by the City's contractor at yroar, expense (per National City Municipal Code Chapter 1 36) A S350.00 administrative fee will be charged in addition to the contractors fees to clean the property (pet Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable VeeetatIou For the protection of life and property. remove all brush. flammable vegetation, ar comhustihk growth which is located from chitty (30) feet to one hundred (100) feet from such a building or structure or to the property line. whichever is nearer. or as required by the Fite Department, including the maintenance of grass and other vegetation more than tiny (30) from such building or structure Cuttings are to be removed from the property and disposed of properly. Vegetation i$ to be cut within two (2) inches of the grou "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received u notice from the Cnlifiania Depanment of Fish and Game cot the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAI. CITY FIRE DEPARTMENT iN WRITING' Al LEAST TEN (10) DAYS PRIOR TO BEG(NN(NG VEGETATION CLEARING. IF THESE AGENCIES FAIL 7O OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED ttY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municinai Code 9.12.010 Public Nuisance Declared—ln General Any of the following condition are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible. hazardous or explosive materials or dangerous ccumulations of rubbish; or unnecessary accumulations of wastepaper, boxes. shavings. or an highly flammable materials which are so situated as to endanger life or roperty; or finds obstructions to or on fire escapes. stairs, passageways, doors or windows that reasonably tend to interfere with the operations ut the fire department or the ..gross of the occupants of such building of premises. or linds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced: or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designer dams any chimney, smokestack, stove. oven. incinerator. furnace or other heating device. electric fixture of any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the llnifonn Fire Code. to be defective ar unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace afire to a greater degrce that customarily recognized as normal by persons in the public service regularly engaged in preventing, supposing or extinguishing fire or any thing or act which may obstruct. delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Nadonal City Municipal Code 9.12.020 Public Ngasanre Declared —Weeds sod Other flamsttabk Materials All wads, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance For the purposes of this chapter. "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral. and any other brush or weeds which anain such large growth as to become, when dry, a fire menace to adjacent improved properly. C. Weeds which are otherwise noxious or dangerous D. Poison oak and poison is when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass. stubble, brush, liner, or other flammable material which endangers the public safety by creating a fire hazard in a portion oldie City which has been zoned for single and multiple residence purposes. National Cit ' Munlcina! Code 1.36.010 Public Nut nee Defined 'Public Nuisance` means any condition defined Of declared to be a public nuisance in any section of this code. and/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obsuucts. injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement— Appeal —Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to nu this number: 1-066-779-3774 Si sated deaealguua pregunta, por favor fame al numeeo: 1466-779-3774 Sa anumang katanungan, taman% lang pa an numcrong ito: 1466-779-3774 incerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1466-779-3774 mt. 311 or hnpi/fireprevention.net The appeal shall be in writing and filed with the City Clerk_ (NCMC 1.36.050) ***Fire Prevention Services. Inc is under contract with the City of National City. 5 t Fire Prevention Services*** ( / NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No Yes CALL FIRE PREVENTION 1-088-779-3774 httpImreprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1.888.779.3774 http:lftirepnvention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND SAMS. DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS YYes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? ND 1 WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A 5360.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-888.778-3774 tntp://firepreventlon.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1$90.779.3714 http:ffirepreventIon.net CALI- FIRE PREVENTION FOR ARRANGEMENTS. 1-866479.3714 httpUffheprevention.net IF ARRANGEMENTS ARE MADE Ewan CITY ABATING HAZARD, THE ADMINISTRATIVE FES MAY BE WAIVED. 333 E. 16th Street : National City, CA ; 91950-4596 CITY OF NATIONAL CITY 1. Tractor Mowing A. B. C. D. E. SCHEDULE OF FEES per parcel, sized 1 to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre Per square foot over one acre 2. Hand Labor A, per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38,00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St.: Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Beeman William J Parcel Number: 556 312 10 00 Address: 905 E 6th St Date: 6/26/2013 National City, CA 91950 Location of Public Nuisance: 905E 6th St National City 91950 instructions for Abatement: Please clear the entire property of all weeds. dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round? You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner. within ten (101 days of 6/26/2013. "Your failure to comply with this order will result in you being charged the administrative tee and the Cny having your property cleaned by the Citys convector at your expense (per National City Municipal Code Chapter 1.36). A $3.50.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations arc also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protcetion of life and property. remove all brush, flammable vegetation. or combustible growth which is located from thirty- (30) feet to one hundted (100) feel from such a budding or structure or to the property line. whichever is nearer. or as required by the Firc Department, including the maintenance of grass and other vegetation endue than thirty 130) from such building or structure. Cuttings are to he removed from the property and disposed of properly Vegetation is to be cut within MI (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Ciamc or the U.S Fish and Wildlife Services That rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CiTY FIRE DEPARTMENT IN WRITING AT LEAST TEN (I0) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAiL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (ID) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liabk under Federal or State Law to penalties. National City Municipal Code 9,12.01g Public Nuisance Declared —In General Any of the following conditions arc hereby declared to constitute a public nuisance. A. When the Firc Chief or hisihex designee determines that there exists in any building or on any premises enmbustible. hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessan accumulations of wastepaper. bones, shavings. or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on Gee escapes. stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire departm or the egress of the occupants of such building of premises; or finds that the effectiveness or any exit door, attic separation or any Pre separation wall is reduced; or fi that any provision of the Uniform Fire Cade is being violated B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove. men, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, at anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mrntio ned in the l inifomt Fire Code. to be defective or unsafe so as to create a hazard, C. When the Fire Chief or his/her designee finds any condition which in his.lier judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct. delay, hinder or interfere with the operations of the fire department or the egress of occupants In the cvant of fire. Milton' City Monition Code 9.12,020 Public Nuisance Declared --Weeds and Other Flammable Materials MI weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance For the purposes of this chapter. "weeds' shall include the following: A Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry. a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass. stubble, brush. litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned 1br single and multiple residence purposes, National City Municipal Cale 1.36.010 Public Nuisance Defined "Public Nuisance' means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safely and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the sante meaning as set forth in California Civil Code Section 3479. National City Munklnal Code 136.060 Abatement— Anneal— Hearing Within ten 00) days from the date of posting. mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk If you should have any questions, please feel free to call Ibis number: 1466-779-3774 Si usted tieoealgnoa pregnnts, por favor (lame al mimeos: 1466-779-3774 Sa anumang kataaungan, tumawag lang po as numerong ito: 1466-779-3774 Sincerely yours in public safety. "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1466-779-3774 erk 311 or hop://flreprevention.net The appeal shall be in writing and fikd with the City Clerk (NCMC 136 050) •••Firc Prevention Services. Inc is under contract with the City of National City Fire Prevention Services'•' rev.03/27/06, 04006, 0621/06 NATIONAL CITY FIRE DEPT, 1243 National City Blvd National City, CA 9I950-4596 OA V G IITIFIED MAIL i i i i i i i ion ins 7012 0470 0000 6533 9359 Jwner: \iceman William 1 Parcel Number: 556 31. Address: 906 E 6th St Date: 6/26/2013 Naal City. CA91950x Location of Public Nuisance: 905E bth St National City 9195( 'nstructions for Abatement Please clear the entire property n1; 9 L. L w I IIItIUI11111 ro1 I IE1 E111E II Vr,es 1i1HI!I1111I1 1000 ry o 91950 of r-UP N '0 S�"1L Sri *,V°1 MAIL ii lL 6R! C '�ij' cf10 10,4,Prr ayo.`71=.: act; i �. j..�ei�i �..�. •t�i�ii, ...i „�,'.':,,��.�,i .i�tu !, U.S,POSTAGE PAP . _xr��4 F� rnnn in�r $6.11 OOD65744-0? C _ C U,S. Postal Service CERTIFIED MAIL RECEIPT wortiesacMTi only: MInguramcp coveregp 1, NC 556 312 10 00 Beeman William J 905 E 6th St National City CA 91950 Fire Prevention Services P O. Box 1720 El Cajon, CA 92022-1720 8/29/2013 Beeman William J 905 E 6th St National City, CA 91950 5441", 2LIG .l3 • "7. a 1 u A. F -. TO r TO ,3 7.iAR'� Is y i113:E !f ~4 • Sit i� n Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 9/23/2013 Beeman William J 905 E 6th St National City, CA 91950 j 1111011411. Jl�i til -319502S I! -_i'JF,f TO C;T1 Nrr'r -'�.i Fy 43L3 TO -0F WA6 3 327,.172f3'_9 ..1394-14347_2.4-35 11 , Ifll 1111 .c= 1 • - .01 ; ' • . , • 140, CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 3925 Owner: Beeman William J Address: 905 E 6th St National City, CA 91950 Parcel #556 312 10 00 Job location:905 E 6th St National City 91950 Authorized 7%-"Signature: Date: WHEN SIGNED THIS DOCUMENT ALGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: . sq. f , Discing: sq. ft. Type: Type: Type: Type: Crew CREW INFORMATION Notes: Please clear the entire property of all weeds. dead vegetation trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inchesyear round) �, 06 00..- a al4! NNNi/Y M HIGHLAND e e I.- FOURTH 19 18 17cE 16 9 15 a -T4 L t3 is im FIFTH 4b 20 M412 4 K 17 5 I, 16 6 • I52T Z6 0 e 7 14 ss a8 r13 4I 12 2ii .10" w11 1 00 SIXTH 00 ' 3e 3 BIK 5 0 rr Al tz 6 .:e " a 19 16 0 ,y 7 1 1LB 1y 13 9 12 ti 3er Isd 3112 N74 0'1 T 571 01 9 w .IS SS r ea 1• 4 ♦ �e 1t Z17 • 0 se 556-31 1► _1 Sa IN 2 3 "s 36 7 .il fe t - vac. 1J9 F • toy 10 y• s (91 A 274 V SS. 9 w d tl „s 61-K 1 ' b N „ ^ 14 "1 17 1>z IS 11L SS se SO ST 8 ♦e 1, se ^ Sa IS SO Meldf v t0 13 0 L 12 11r 8 A e N w 19 7'. 8 O u S $ 3 ze se _ s0 ST SO tat J ce 1 •x 100. .3rmimr;4 CHANGE 81..K OLO NEWT CUT 3" 3t't 313 •-tot 314 na1-24 313 10010 13-23 N-2t 21 es 00 1d100 1330 311 12 31923 m 102d 311 00027 0? 1101 V se• MAP 1515 — PEPPER PLAT MAP 614 — COPELAND SUB MAP 412 — PAORICKS SUB OF POR IA SEC 131 RHO DE LA NACION MAP 98 — FRANK A KIMBALLS SUB ROS 13498,18534 Hand Sq. Ft.: 3 `t Dump ticket: Work space for diagrams and amount of work done Tractor Sq. Ft.: Dump Charge: • friaAd el ic3 163x 1 Ib-1110o s. Total Removal Cu. Yds.: I. Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net 8/29/2013 Beeman William 1 905 E 6th St National City, CA 91950 Parcel # 556 312 10 00 Location: 905 E 6th St National City 91950 Dear Beeman William J, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $484.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 556 312 10 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7.500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee quantity sub total $250.00 $325.00 $400.00 $450.00 $00.02 sq. ft. $0.10 1340 sq. ft. 134.00 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A, per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 3925 APN # 556-312-10-00 $350.00 1 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 484.00 cu.yds 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:l/fireprevention.nel Final gilt 9/23/2013 Beeman William J 905E6111St National City. CA 91950 Ref: Parcel 1556 312 10 00 Dear Beeman William J. This is a reminder of the letter we sent you an 8/29/2013 and we have not received payment in the amount of $484.00 if we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs lbr such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel #I 55( 312 10 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services. Inc. rev.05119106 RECORDING REQUESTED BY Fire Prevention Services. Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 D 0 C # 207 3-0608634 11111111111111111111111111111111111111111111111111111111111111 OCT OB, 2013 2 07 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE Ernest J. Dronenburg. Jr.. COUNTY RECORDER FEES: 0.00 PAGES: 2 11111111111111111111111.11911111111011111111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist. and WHEREAS such violation was ordered abated on 7/22/2013, and WI IEREAS representatives of the National City Fire Department abated the violation(s) on 8/26/2013, and WHEREAS the charge for such abatement amounted to $554.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Beeman William 3 at 905 E 6th St. National City, CA 91950 described as follows: APN ii 556 312 10 00 ADDRESS: 905 E 6th St National City 91950 LEGAI. DESCRIPTION: Lots 19 & 20 Rlk 15 This abatement obligation shall attach to the property. not the owner. and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law. the property may be sold to satisfy that obligation. The amount of such claim shall be $554.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: October 7.2013 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services. Inc., Designee for National City Fire Department Certificate Of Acknowledgement On October 7, 2013 before me. Jessica A. Morgan. Notary Public. personally appeared Ken Osborn who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is!are subscribed to the within instrument and acknowledged to me that he'shehhey executed the same in his/her/their authorized capacinv(ies), and that by hisslher/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the St WITNESS my han and official seal. COMM *2022405 z Wm Palk 'Corte 9 San Natal. .2;.2017 raph is true and correct. (Seal) SUMMARY REPORT FOR APN 556-314-04-00 05/20/13 Initial inspection was made, property was found to be in violation. 05/23/13 Mailed 30 day courtesy notice to the owner. 06/25/13 Re -inspection was made, property was found to be in violation. 06/25/13 Posted property. 06/26/13 Mailed 10 day final notice to the owner, certified mail. 07/02/13 Received signed certified return receipt. 07/08/13 Final inspection was made, property was found to be in violation. 07/09/13 Verified ownership information with County of San Diego. 07/22/13 Work order authorization signed by District Official for admin fee only. 07/22/13 The owner was mailed an Administrative bill at the contracted rates. 08/26/13 The owner was mailed a final bill. 08/26/13 A Notice of Abatement was filed on the property. xx/xxlxx The list of Fixed Charge Special Assessments [EXHIBIT "A") and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: K2 Ventures Inc Address: 14566 Via Bergamo San Diego, CA 92127 Parcel Number: 556 314 04 00 Date: 5/23/2013 Location of Public Nuisance: 427 K Ave National City 91950 Instructions for Abatement: Please dear the entire nronerty of all weeds. dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the nronerty. (Please maintain any and all grasses below 3 inchecjear round] You are hereby directed to abate the public nuisance described above. of which you are tie occupant or owner, within thirty (30) days of 5/23/2013 **Your failure to comply with this order will rank in the City having your pmpen)• cleaned by the Goys contractor at pour expense (per National City Municipal Code Chapter 1 36) A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the propen)• (per Resolution number 94-97). Violations arc also subjecn br prosecution as misdemeanours. Guidelines For The Abatement of Flammable' Vegetation For the protection pflife and property, remove all brush, flammable vegetation. nr combustible growth which is located from thirty (3(t) !fret to one hundred 1100) feet from such a building or structure or to the property line. whichever is nearer, or as required by the Fire Depanmcnt. including the maintenance of grass and other vegetation more than thirty (30) from such building or structure Cuttings arc to he mowed from the property and disposed of proper!). Vegetation is to he cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREAIT,NEDOR ENDANGERS 1�,SPF:C1k:S" If you have previously received a notice from the California Depanrnent of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your proper• in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAI. CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF 17fESE AGENCIES MIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (I0) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRE. TED HY THIS NOTICE. Failure to provide ratification to these agencies may render you liable under Federal or State Law to penalties National ('ih• Munielnal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fare Chief or his4ter designee determines that (here exists in any building or on any premises combustible, hazardous or explosive materials or dangerous :cumulations of rubbish. or unnecessary accumulations of wastepaper, boxes, shavings. or any highly flammable materiats which me so situated as to endanger life ou ropily, or finds obstructions to or on fire escapes. stuns, passageways, doors nr windows that reasonably tend to interfere with the operations of the fire department nr the egress of the occupants of such building of premises: or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced. or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney. smokestack. stove, oven. inemerator, furnace or other heating device, electric fixture or any appunennnce thereto, or anything regulated under a nationally resogn zed standard in or upon any building structure or premises not specifically mentioned in the Unifomi Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase (Witte hazard or menace of fire to a greater degree that customarily rccngnizcd as normal by persons in the public service regularly engaged in preventing. supprescing or extinguishing tire or any thing nr act which may obstruct. delay, hinder or interfere with the operations of the fire department nr tie egress of occupants in the event of fire. National City Municipal Code 9.12,02(1 Public Nuisance D dared --Needs and Ol g'rflammable Materials All weeds, growing or located upon streets, sidewalks or private property are berth) declared to be a public nuisance. For the purposes of this chapter. 'weeds" shall include the following: A. Weeds which hear seeds of a downy or wingy nature, B. Sagebrush, cluparrat, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health E. Dry grass, stubble, brush. liner, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned fro single and multiple residence purposes. Nadional Cily Munition Code 146.010 Publk j►ulunce Defined *Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this cede, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement— Appeal— Hearieg Within ten 00) days from Ore date of posting. mailing or personal service of the required police. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall he in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 1466-779-3774 SI toted tienesiguoa pregunta, par favor blame al mimeo: 1466-779.3774 "s 'naming katanungarn, tamawas tang pn see numerong ito:1-g66-779.3774 incerely yours in public safety. **You have the right to appeal this matter to the City Council within ten (10) days or the receipt of this notice. 1466-779-3774 eat. 311 or bttpJ/fireprevention.aet The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Eire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** • NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No j. NI... PROPERTY OWNERS ARE RESPONSIBLE FOR MAIWTAWING NAXMD ABATEMENT ON A YEAR ROUND OAKS. Yes CALL FIRE PREVENTION 1.666.779a774 http:IItirepreventlon.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1.666.779.3774 http:INlnspnventIon.net DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS { Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? { No WOULD YOU LIKE THE CRY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $$SOA0 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1.666.779.3774 http:lflreprsventlon.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1.666479.3774 http:Otlrepreventlon.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1.866-779.3774 http:lltiroprevSntion.net IF ARRANGEMENTS ARE MADE eftEZ TO Cm ABATING HAZARD, THE ADMINTSTRATIVE FEE MAY SE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellanegus Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 L. l2th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: K2 Ventures Inc Address: 14566 Via Bergamo San Diego, CA 92127 Parcel Number: 556 314 04 00 Date: 6/26/2013 Location of Public Nuisance: 427 K Ave National City 91950 instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris mast be removed from the property. (Please maintain any and all grasses below 3 inches year roundl You are hereby directed to abate the public nuisance described shove. 01 which you are the accupmtt or rower, within ten (101 days of 6/24!2013. **Your failure to comply with this order will result in you being charged the administrative Ice and the City having your property cleaned by the City's contractor at Inge expense (per National City Municipal Code Chapter 1.36). A 3350,00 administrative fee will he charged in addition tit the contractor's fees to clean the properly (per Resolution number 94-97) Violations are also subject to prosecution as misdemeanors Guidelines For The Abatement of Flammable Viceetatlon For the protection oink and property, remove all brush, flammable vegetation. or combustible growth which is located from thirty (30) fixrt to one hundred t I00) feet from such a building or structure or to the property line. whichever is nearer, or as required by the Fire Department. including the maintenance of grass and other vegetation more than thirty (30) from such building or structure Cuttings are io be removed from the properly and disposed of properly Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you haw previously received a notice from the California Department of Fish and Game or the (i S Fish end Wildlife Services that rate, threatened in endangered species of fish or wildlife hart occurred on your pmperty in the areas identified for fuel brcek clearance, YOU MUST NOTIFY 14UTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF THESE AGENCIES FAIT. TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WiTHiN THOSE TEN 00) DAYS, YOU MAY THEN PROCEED 1'O Ci.EAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Maniclnal Code932,010 Public Nuitamee Declared-1n Genera( Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that Were exists in any building or on any premises combustible. hazardous or explosive materials or dangerous accumulations of rubbish. or unnecessary accumulations of wastepaper, boxes. shavings. or any highly flammable materials which are se situated as to endanger Iifc or properly. or finds obstructions to or on the escapes, stairs. passageways, doors or window that reasonably tend to interfere with the operations of the fire departm or the egress oldie occupants of such building of premises, or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced, or li that any provision dew Uniform Fire Code is being violated. H When the Fie Chief or hisrlur designer deems any chimney, smokestack. shay. oven, incinerator. furnace or other heating device. electric fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building. structure or premises rot specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or hisler designee finds any condition which in hisllierjudgment increases or may cause an increase oldie hazard or menace of fire to a grcateo degree that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing fire or any thing or act which may obstruct. delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire radon aI City Municipal Code 9.12.020 Public Nuisance Dec eyed —Weeds antROther Flammable Materials All weeds, growing or Iacated upon streets. sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved propeny. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public bcalth. E. Dry grass, stubble. brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes National City Munich's! Code 1.36,010 Public Nuisance Defined `Public Nuisance* means any condition defined or declared to be a public nuisance in any section of this coda. andlor and condition caused, maintained or pommel to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs* injures or interferes with the teasonahk of free use of propcny in a neighborhood, community or Many considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement— Anneal— Hearing Within ten (10) days from the dale of posting. mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk If you should hale am gondola, please feel free to call this number: 1466-779.3774 SI listed lienealgaoa preguata, por favor (lame el numbro: 1466-779-3714 Sa anumaog katannagen, tumawag lang po so numerong Ito: 1466-779-3774 Sincerely yours in public safety. **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1466-779-3774 ext. 311 or http://flreprcventioa.oet The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prcvcntion Services, Inc is under contract with the City of National City. Fire Prevention Services*** rev. 0313.7d06. 01,24006, 064 U06 ru m - m m Lfl C:2 ' 0 '4 C3 a rl Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall 0,-Ity, No ii5u1--mre CeweLrJqr. crovrdret For delivery Ulf orrtranon vinil nut wet)sfte- it vow/Asps cars Clerglod roe RottonFlreelyg Foo IEnderoornerd Roguing) Fleggeled DeNvoy Foe lEnderoernme Florndwn MEM MIK MET Ibrd Prfrxrr. Corn M Senr 556 314 04 00 K2 Ventures Inc 0. peed 14566 Via Bergamo UN.3m San Diego CA 92127 NC 4 SENDER: COMPLETE THIS SECTION " • 154 CotriOfigEW • 4,:4Compete Item 4, If Presinot;tr0eiivery Is desired. III Print your name and address *nine reverse so that Oatten Tatiana** card to you. at attach thlatardidtliaback Of the mailiMeott. or on the front if spresepermiti.,. 1. Article Addeo:Amite: 556 314 04 00 K2 Ventures Inc 14566 Via Bergamo San Diego CA NC 92127 CON7PLETE THLS SECTION ON, DEL.IlettY (Pdnied Name) 0, 7te of dairy 2-Rg S D. is deivervaddreat dlittiant from item 1 CI Yes RYES, enter dellvery address below: I:3 No 3. savlottliVe laCattitted MI 0 amiss* Mel CI tiegitiered CI Return fleostpt r tileichsndiso 1:3 hisurest Mall 0 C.O.O. 4. Restricted peivervreem FON yes Art1cki NuMber Wansferrilto Woke !abet) 7012 04713 MN 6533 9342 ' .4 - , L • 14'M4 4Cr, i • H . ' 4 - CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 392a"� Owner: K2 Ventures Inc Address: 14566 Via Bergamo San Diego, CA 92127 Parcel #556 314 04 00 Job location:427 ve National City 91950 Authorized by: .Si natu'te: Date: `7. z a - WHEN SIGNED THIS DOCUMENT ALLO IGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type:, Type: Notes: Please clear the entire property of all weeds. dead vegetation. trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 ee HIGHLAND 0 s as 0 FOURTH I5 Q21. 4 1e FIFTH IS 06 21 e 5 20 M412 01 , 17 21 16 " 0 SMI DE00DE00 C�Rp17Y OOOR SSR ►yotBCE 6 I5 37 114 00 1i3 — '2(1_ 411 SIXTH N 0 5 W .• e0 "5 1; t0 2 3 BLK 5 Nff 55 It ! r N 19 16 10 13 12 1e • A ; r 7,•or'E hulas jS 21Rs Ise -- e 8 �j4 15 L I 3 571 Os w .6 Pas 12(?)___ 13 M :15Q 115 Iee 0 AA eo 556-31 to 7 2j2. 0 39 a „a 1Oy 15 14 x 101 1 3 22 1e 135 • I, .1 e 11 p r ,,,BLK S 31 • N 45 - se 14 r]i n "5 05 '3 MIYo i CO LY 1 LOC OR al SO go ST 3..Is .Or- Q Sts.J.4320 ! 2 �L © •`i .4 yJ{1�19 //��y//}e _ J '8 I7 7 K Ey 0is 1 I6 is r15" z 3 2 „F 7• 1 14 9 +� 1 13 3CJ �,(�, ., 1 12 1e z :A,... 5Y33r 1 n�� ST 40 IY 4- M Id 5I IS M 96 So M e14 1e 13 I 10 1e 0 19 � MQn 3 2/ se 22 ea3 Oi 21 M .11 5e ST m i0 W 'a Sp 1-0100• Itll501081g CHANGE $ ELK OLD NEW YR CUT 311 312 313 314 310 'sew Fri 1804 10010 45.23' 11. as 1-29 1-2c 5, as 00 1ewe1 133$ 311 12 24525 1021 311 Jibs 21527 07 11e1 krak 0 1 I I MAP1515 - PEPPER PLAT MAP 614 - COPELAND SUB MAP 412 - PADRICKS SUB OF POR 1/4 SEC 131 RHO DE LA NACION MAP 98 - FRANK A KIMBALLS SUB ROS 13498,18534 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774: fax (619) 445-6336 http://6reprevention.net ADMINISTRATIVE BILL 7/22/2013 K2 Ventures Inc 14566 Via Bergamo San Diego, CA 92127 Parcel 4 556 314 04 00 Location: 427 K Ave National City 91950 Dear K2 Ventures Inc, Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property was re -inspected on 7/8/2013 and found to still be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 7/22/2013 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you arc being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please make check payable to F.P.S.I. and please include the File # 556 314 04 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely. Fire Prevention Services, Inc. rev.05/19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. per parcel. sized 1 to 7,500 square feet $250.00 B. per parcel. sized 7,501 to 15.000 square feet $325.00 C. per parcel. sized 15.001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. fi. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $150.00 S 150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping. and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILF #i 3927 APN 4 556-314-04-00 sq- ft. $350.00 1 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 350.00 cu.yds 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 8/7/2013 K2 Ventures Inc 14566 Via Bergamo San Diego, CA 92127 Ref Parcel #5563140400 Dear K2 Ventures Inc. ti This is a reminder of the letter we sent you on 7/22/2013 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action, Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 556 314 04 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 D O C # 2013-0534021 111111111111111111111111111111111111111111111111111111111111111111111 AUG 27, 2013 3:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dtonenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 1 IIbINIIuhIII•1111•'N'11I' MB NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 7/22/2013, and WHEREAS the charge for such abatement amounted to S420.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is K2 Ventures Inc at 14566 Via Bergamo, San Diego, CA 92127 described as follows: APNN5563140400 ADDRESS: 427 K Ave National City 91950 LEGAL DESCRIPTION: Alley Clsd Adj & Lot 6 & N 20 Ft OfLot 7 BIk 12 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be S420.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: August 26, 2013 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On August 26. 2013 before me, Jessica A. Morgan. Notary Public personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the petson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. JP -Tr L NOON COMM. 02022405 Notary KW- California Su NIP CCM (Seal) SUMMARY REPORT FOR APN 557-410-26-00 04/10/13 Received citizen complaint. 04/16/13 Initial inspection was made, property was found to be in violation. 04/18/13 Mailed 30 day courtesy notice to the owner. 07/02/13 Re -inspection was made, property was found to be in violation. 07/02/13 Posted property. 07/03/13 Mailed 10 day final notice to the owner, certified mail 07/09/13 Received signed certified return receipt. 07/16/13 Final inspection was made, property was found to be in violation. 07/18/13 Verified ownership information with County of San Diego, 07/22/13 Work order authorization signed by District Official. 08/05/1 3 F.P.S.I. crews abated the property. 08/06/13 The owner was mailed a bill at the contracted rates. 08/26/13 The owner was mailed a final bill. 09/11/13 A Notice of Abatement was filed on the property. 06/05/14 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SZ CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITS', CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner. Palm Plaza Associates L L C Address: 915 Camino Del Mar#200 Del Mar, CA 92014 Parcel Number: 557 410 26 00 Date: 4/18/2013 Location of Public Nuisance: Palm Ave National City 91950 Instructions for Abatement: Please clear the entire nronertv of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the pronerty. (Please maintain any and all Brasses below 3 Inches veer round) You arc hereby directed to abate the public nuisance described above, of which you are die occupant or owner, within thirty (30) days of 4/18t2013, •• Your failure to comply with this order will nub in the City having your property cleaned by the City's contractor at yy& expense (per National City Municipal Code Chapter 1.36) A $350.00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors, Guidelines For The Abutment of Fisatmable Vrgdag For the protection of life and property, remove all brash, fiammabk vegetation. or combustible growth which is located from thirty (301 feet to one hundred (100) feet from such a building or structure or to the property line, wiaichevcr is nearer. or as required by the Fire Department. including the maintenance of grass and whet vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the pmpeny and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR ENDANGERED SPECIES" If you have previously swerved a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your properly in the areas identified for Net tweak clearance. YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAI. CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or Stale Law 10 pcnaltks, National City Municipal Code 9.12.010 Public Nuisance Declared-1n General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible. hazardous or explosive matcrnals a dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes. shavings, or any highly nammabk materials which arc so situated as to endanger life or noperty; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of promises; or finds that the effectiveness of any exit door. attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Coda is being violated. B. When the Fire Chief or his/her designee deems any chimney. smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective es unsafe so as to create a hazard. C. When the Fire Chief or hisAmr designee finds any condition which in his/her judgment increases or may cause an increase of the heard or menace of lire to a greater degree that cuslomarily recognized as normal by parsons in the public service regularly engaged in preventing, suppressing or extinguishing lire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire dcparhmcnt or the egress of occupants in the event of ike. Notional City Municipal Code 9.12.020 Public Nulxanee Declared Weeds and Other Flammable Materja(s All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy at swingy nature. B. Sagebrush, edupanal, and any alter brush or wads which attain such large growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are ohenvise noxious or dangerous. D. Poison oak and poison ivy whin the conditions of growib ere such as to constitute a menace the the public health. E. Dry grass. slubble, brush, litter, mother flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Clh Mankind Code 1.36.010 Pnblk N nee Defined "Public Nuisance' means any condition defined or declared to be a public nuisance in any section of this code. andto and condition caused, maintained Of permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Cale Section 3479. )National Clfv Mankind Code 1.36.060 Abatement —Anneal —!fearing Within ten (10) days from the date of posting, mailing or personal service of tic required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you stand hare say questions, please feel free to call this number:1466.779.3774 Si mad lienealgaaa pagoda, por favor (lame el aumero: 1-566-779-3774 Si aaumacg katanungan, tumawag tang po at nomerong ito:1"066-779-3774 ilncerely yours in public safety, *You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1.866-779-3774 est.311 or bttpJ/frreprc entfon.aet The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Fire Prevention Services, Inc. is under contract with the City ofNational City - Fire Prevention Services*** NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? Nlo Yes CALL FIRE PREVENTION 1.866.779.3774 http:/MrepreventIon.net CL FIRE PREVENTION FOR RE -INSPECTION. 1.866 77943774 http:tMreprevention.net' PROPERTY OWNERS ARE RESPONSIe4E FOR MAINTAINING HAZARD AEATEMENT ON A YEAR ROUND EASIE. DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Y ABATEMENT? INSTRUCTIONS Yes 4, HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No 1 WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $360.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes s IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1.866.779.3774 http:ltfireprevention.net / CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1466.779.3774 http:l/firepreventIon.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1.886.779-3774 http:/ffreprevention.net IF ARRANGEMENTS ARE MADE E$IQB TO CITY ABATING HAZARD, THE ADMIN1TRATIVE FEE MAY DE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner Palm Plaza Associates L L C Address: 935 Camino Del Mar#200 .Del Mar, CA 92014 Parcel Number: 557 410 26 00 Date: 7/3/2013 Location of Public Nuisance: Palm Ave National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead veeelalon, trash, debris and arundo. All piles of dead venetation and debris must be removed from the property. (Please maintain any and all arises below 3 inches year round) You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner. within ten (10) days of 7/3/2013. "Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor st yea expense (per National City Municipal Code Chapter 1,36). A S350.00 administrative lee will tic charged in addition to the contractor's fees to clean the property (per Resolution number 94.97), Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Veeciattee For the protection of life and property, remove all brush, flammable vegetation. or combustible growth which is tocsin from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line. whichever is nearer, or as required byte Fire Depannnient, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cunings am to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from de California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare. threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR I'O BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT' OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you amble under Federal or Slate Law to penalties. National City Municipal Code 9,I2.010 Pubtit Nuisaun Declared—hn General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible. hazardous or explosive materials or dangerous accumulations of rabbis h: or unnecessary accumulations of wastepaper. boxes, shavings. or any highly flammable materials which are so situated es to endanger life or property: or finds obslnictims to or on foe escapes, stairs. passageways, doors nr windows that reasonably tend to interfere with the operations of the Ore department or the egress of the occupants of such building of premiss: or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced: or finds that my provision oldie UniflNm Fite Cork is being violated. B. When the Fire Chief or his/ er designee deems any chimney. smokestack, stove. oven, incinerator, fuma= o other heating device. electric fixture or any appurtenance themto, or anything regulated under a nationally recognized standard in or upon any building. structure or premiss not specifically mentioned in the Uniform Fire Code, to be defeetivci r unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degme that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing fire or any thing or act which may obstruct. delay, hinder or inerfere with the operations of fire department or the egress of occupants in the event of fire. National City Maatdnal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Mmterlats All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the puiprses of this chapter. "weeds" shall include the following: A. Weeds which bear seeds of a downy or wino' muse. B. Sagebrush, chaparral, and any other brush or weeds which enain such large growth as to become, when dry, afiremenace to adjacent improved properly_ C. Weeds which are otherwise noxious or dangerous, D. Poison oak and poison ivy when die conditions of growth are such as to constitute a menace the the public health. E. Dry grass, aubbk, lash, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has bean zoned for single and multiple residence purposes. National City Munktoal Code 136.010 Public Nuisance Deflate "Public Nuisance" means any cmditioa defined or declared to be a public nuisance in any section of this code, and/or and condition {mused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of propcny in a neighborhood, conununiry or to any rmnsidcrabie number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. Nailoaal Oa Municipal Code 1.36.060 Abatement —Appeal— Hearin Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appall to the City Council. Suchappeal shall be in writing and shall be filed with the City clerk. If you should have any questions. please feel fen to call this number: 1466.779-3774 SI seed tkawiges* pregoata, pod favor theme a1 numero: 1466-7193774 Sa anumang katanungan, tumawag (sag pow numerong ito: 1466-779.3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1466-779.3774 eat. 311 or hnp://linprevention.net The appeal shall be in writing and filed with du City Cktk. (NCMC 1.36.050) "'Fire Prevention Services. Inc. is under contract with the City of National City. Fire Prevention Soavices"' rev. 0327/06, 04/24i06, 0621/116 flhl!1M.+a t1411YrWY PM (End t Rw7n►^re mtir JJ rn m .13 m rn U.S. Postal Service., CERTIFIED MAIL.,.. RECEIPT (Dom+nsr'C Mall Only. No tr ifrancr.Ccrrrrrnge Provlderf) For delivery irrilrrnntion visa our veeflslto at c ru Pet, Awn, © 0 lEne^m.rn^nt w,mhte tl N ra ri $6.11 mi 5574102600 Palm Plaza Associates L L C 915 Camino Del Mar#200 Del Mar CA 92014 SENDER: COh1PLFTF_ THIS SECTION • Complete items i; 2t arata. * Mid,'t°rompit t° Item 4 tf Restricted Delivery it desired. • Print your name and address on the reverse so that we can return the t and to you. * Attach thls card td the back of the malipiecer or on the front If spice permits. 1. Article Addressed to: NC 557 410 26 00 Palm Plaza Associates L L C 915 Camino Del Mar#200 Del Mar CA 92014 CO?."PLETE rHIS SECTIOtj O DELIVEPY IC. Date c1Seamy D.Isdereety dleerenttemItem1? Ws 11 YE3, enter de9vu f address below: O No 3. Seekstype 0 CeINIed Meg CI Evian M a Registered 0 Ream t ecetpt ror Merdrendtee O Insured Mail CI C.O.D. 4. Restricted Dellve y? (6dnt Fee) 0 Yee 7011 I5711 0002 3863 3605 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 3811 Owner: Palm Plaza Associates L L C Address: 915 Camino Del Mar#200 Del Mar, CA 92014 Parcel #557 410 26 00 Job location:Palm Ave National City 91950 Authorized by: Sign. ure• Date: -7 -z i. - i?�J WHEN SIGNED THIS DOCUMENT AL S RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: t/ sq. ft. Removal: a cu. yds. Tractor Mowing: sq. ft. Discing: sq. ft. Type: Type: Type: Type: Crew CREW INFORMATION Date Notes: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 S MAPPrr ASSIESSDN'BOOR 557 PACE 41 I4TM ST s 27 4 12111 ST —�r�� _ —M1i7--- —a ---- 4 Rrt 4 — lto/5. 6/6 A/He/T"/0 N n-m'te A470s PAg2 1.14 AC ..N10.51' .142.is 1. PAR 1 S9C MAP 2715-37-73 o 416 ONO AC tr PAR 1 i 1.07 C a.ae POR 80 AC LOT 2 V 4A cfrei t44*P1413257 17 0.10 AC u tr sr :H oP . - - /73« t134- / 13$ POR • . ()SEC 129 81.45 O.B7 AC 72 1 N J.•m4e6 , J._ J •4 .. +••y w Cr � THIS IMP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UNBAR Y IS ASSUMED FOR THE ACCURACY OF THE MA SHOWN. ASSESSOR'S PARMS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BULO*'IG ORDINANCES. MAP 166—RANCHO DE LA NACION ROS 17515 557 - 41 ED 1"=t00' MAW Rip ,CH SIX 410 OLD t,3 570 3116 oVie jt..,.. 5 1398 3 2,11128 1850 21523 26427 06 1027 11 11 11 4517 12 41174 Hand Sq. Ft.: Dump ticket: -Hdz)D,°DD No j (Z ei-o(2 H-cas Total Removal Cu. Yds.: Work space for diagrams and amount of work done Tractor Sq. Ft.: Charge: �r �. �, S l y{'.. p � ? ��'�.x �,:e�3''., �n m .... a�Mww.o Fire Prevention Services, Inc. F.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://firepreventiion.nct 8/6/2013 Palm Plaza Associates L L C 915 Camino Del Mar#200 Del Mar. CA 92014 Parcel # 557 410 26 00 Location: Palm Ave National City 91950 Dear Palm Plaza Associates L 1. C. This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $4,350.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 410 26 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev 05/19106 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel. sized 1 to 7.500 square feet B. per parcel, sized 7,501 to 15.000 square feet C. per parcel, sized 15.001 square feet to 30,000 square feet D. per parcel. sized 30.001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 Debris Remediation (includes chipping. grinding. and/or shredding) A. per cubic yard of material prior to chipping. and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel quantity sq. ft. apt sub total 40.000 sq. R. 4,000.00 $350.00 1 Attorney Services A. per parcel, per hour $200.00 Assessment Fees (includes -preparing reports, attending hearings. etc.) A. cost confirmation fee. per parcel $275.00 Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. D. E. F. G. H. Interest on lien (apr) release of abatement lien public notary file duplication fee unscheduled Labor per man hour unscheduled fees FILE # 3811 APN # 557-410-26-00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) cu.vds TOTAL, $ 4.350.00 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 8/26/2013 Palm Plaza Associates L L C 915 Camino Del Mar#200 Del Mar, CA 92014 Ref: Parcel # 557 410 26 00 Dear Palm Plaza Associates L L C, This is a reminder of the letter we sent you on 8/6/2013 and we have not received payment in the amount of $4,350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action wilt be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 410 26 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19ro6 3 RECORDING REQUESTED BY Fire Prevention Services, Inc. POBox 2012 Alpine. CA 91903-2012 (619) 562-1058 fax (619) 445-6336 ANI) WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine. CA 91903-2012 imi�A�iwiN�Aniiwd��uuuoim seviz.x1a 1:31 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr.. COUNTY RECORDER FEES. 0.00 PAGES: 1 111111111111111101111111110111111111111114111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF TH.E HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 ofthe National City Municipal Code did exist. and WHEREAS WHEREAS WHEREAS such violation was ordered abated on 7/22/2013.and representatives of the National City Fire Department abated the violation(s) on 8/5/2011 and the charge for such abatement amounted to S4.420.00; THEREFORE be it known that an abatement obligation exists on the property regardless downer until paid. The current owner of the property is Palm Plaza Associates L L C at 915 Camino Del Mar#200, Del Mar, CA 92014 described as follows: APN#5574102600 ADDRESS: Palm Ave National City 91950 LEGAL DESCRIPTION: This abatement obligation shall anach to the property, not the owner, and eler confirmation by the City Council shall become a special assessment on the property tax bill. l f not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $4,420.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or detemtined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: September 11, 2013 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On September 11. 2013 before me, Jessica A. Morgan. Notary Public, personally appeared Ken Osborn who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he.'sbe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and oflrc' 1 s L COMM.Notary Public • Cabals 012022405 (Seal) San e SUMMARY REPORT FOR APN 557-430-18-00 07/16/13 Initial inspection was made, property was found to be in violation. 07/17/13 Mailed 30 day courtesy notice to the owner. 08/19/13 Re -inspection was made, property was found to be in violation. 08/19/13 Posted property. 08/20/13 Mailed 10 day final notice to the owner, certified mail. 08/29/13 Received signed certified return receipt. 09/03/13 Final inspection was made, property was found to be in violation. 09/05/13 Verified ownership information with County of San Diego. 09/17/13 Work order authorization signed by District Official. 09/25/13 F.P.S.1. crews abated the property. 09/26/13 The owner was mailed a bill at the contracted rates. 10/17/13 The owner was mailed a final bill. 11/12/13 A Notice of Abatement was filed on the property. 06/05/14 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 5.Co CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Pedroza John P;Hilda Address: 1415 Sheryl Ln National City, CA 91950 Parcel Number: 557 430 18 00 Date: 7/17/2013 Location of Public Nuisance: 1415 Sheryl Ln National City 91950 Instructions for Abatement: Please clear the entire property Mall piles of dead vegetation and debris, You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner. within tbiriy 130) day of 7/I7/2013. **Your failure to comply with this order will taut' in the City having your property cleaned by the City's contractor al vour expose (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractors fees to clean the property (per Resolution number 94-97). Violations are alto suhjecl 10 prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetating For the protection or lire and property. remove all brush. flammable vegetation, or combustible growth which is located from thing (30) feet to one hundred OOP) feel from such a building or structure or to the property line. whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegelution more Man thing 430) from such building or structure Cuttings are to he removed from the property, and disposed of properly. Vegetation is to be col within two (2) inches of the ground. "NOTICE REGARDING RARE. THREATENED OR EM'11ANGERED SPECIES" If you have previously received a notice from the California Deparimeni of Fish and Game or the U.S. Fish and Wildlife Services that rare. threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTH ACiENCIES AND 111E NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN 410) DAYS PRIOR TO BEGINNING VEGETATION Cl.F.ARINCL IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOtI OF ANY ALTERNAl1VF. PROCF.DURES WTTT1IN THOSE TEN (10) DAYS. YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure Io provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Munkinal Code9.12,010 Public Nuisance Drctarrd--la General Any or the following conditions are hereby declared to constitute a public nuisance: A When the Firc Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or danpemus accumulations of rubbish; or unnecessary accumulations of wastepaper. boxes. shavings. or any highly flammable materials which are so situmcd as to endanger fife or property; or finds obstructions to or on tire escapes. stairs, passageways, doors or windows that reasonably tend to interfere with the operations or the fire deponent or the egress of the occupunu of such building of premises: or finds that the effectiveness of any exit door. attic separation or any fire separation wall is reduced: or finds that any provision of the uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack. stove, oven, incinerator, furnace or other heating device. electric fixlure or any appurtenance Iberci or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the llnik,nii Fire Code, to he defeclive or unsafe so as to create a hazard. C. When the Fire Chief or htsihcr designee finds any condition which in his/her judgment increases or may cause an increase oldie hazard or menace or fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National Clty !tlunkinal Code 9.12.020 Public Nuisance Dedarcd—Weeds and Other Flammable Materials All weeds. growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter. "weeds' shun include the following A. Weeds which hear seeds of a downy or wingy nature. li. Sagebrush, chaparral. and any other brush or weeds which attain such large growth as to become, when dry. a fire menace to adjacent improved property'. C. Weeds which are otherwise noxious or dangerous, D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. F. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Citv munition! Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused. maintained or permitted to exist which constitutes a Ihreat to the public's health, safety and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of pmpeny in u neighborhood. community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. Nations! City Municipal Code 1.36.060 :Abatement— Appeal— Hearing Within ten (in) days from the date of posting. mailing or personal service of the required notice. the owner or person occupying or controlling such ke or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions. please feel free to call this number: 1-866-779-3774 Si usted tieaealgnma pregunta, par favor (lame al mumere:1-866-779-3774 5a anumang katanungan, tumawag lang pa sn numerong Ito: 1-866.779-3774 Sincerely yours in public safety. 14166-779-3774 ext. 311 or bnpd/firepreyention.net Fire Prevention Services'" rev. 03/27/06,64.24/06.06/21 /06 **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clot. (NCMC 1.36.050) ***Fire Prevention Scn'iccs. Inc. is under contract with the City of National City. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No Yes CALL FIRE PREVENTION 1466-779-3774 http:NflrepreventIon.net CALL FIRE PREVENTION FOR RE INSPECTION. 1488 779-3774 httpanireprevent1011.110tJ PROPERLY OWNERS ARE REuPONs BLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR RouNO aAs�a. DO YOU UNDERSTAND 1 1 HAVE YOU THOROUGHLY 1 THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS 1 Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? ( No 1 IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $369.90 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1�666-779.3774 'http:Mit*preventIOf.net (CALL FIRE PREVENTION WHENLETED FOR RE-NBPECTION. 1. 56 7794774 http:MIneprswnUnn.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1. 1)6.779 9774 http:Nnreprevention.net IF ARRANGEMENTS ARE MADE M$ TO CM ARMING HAZARD. THE ADMINISTRATIVE FEE MAY BE WANED. 333 E. 16th Street ; National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 b. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50,00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E.12th St. Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Pedroza John P:Hilda Address: 1415 Sheryl Ln National City, CA 91950 Parcel Number: 557 43018 00 Date: 8/2012013 Location of Public Nuisance: 1415 Sheryl Ln National City 91950 Instructions for Abatement: Please clear the entire nronertv of all piles of dead vegetation and debris. You are hereby directed to abate the public nuisance described above, of which you arc the occupant or owner. within ten (111) days of )I120,2013. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at sour expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will 6c charged in addition to the contractor's fees to clean the property (per Resolution number 94-971. Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Veaetadon For the protection of life and property, remove all brush. flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (1001 leer from such a building or structure or to the property line. whichever is nearer. or as required by the Fire Department. including the maintenance of gross and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two at inches of the ground. "NOTICE REGARDING RARE. TiiREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred an your property in the areas identified for fuel break eleamnee. YOU MUST NOTIFY BOTIi AGENCIES AND THE NATIONAI. CITY FIRE 11EPAR'1'MENT iN WRITING AT LEAST TEN (10) DAYS PRIOR '1'0Ifl GINNING VEGETATION CLEARING. 1F THESE AGENCIES MIL' ID OBJECT OR NOTIFY YOU OF ANl' Al TFRNATIVF PROCEDURES WITIiiN TIIOSL''FEN (10) DAYS. VOL MAY THEN PROCEED TO CLEAR VEGE'FA11ON AS DIRECTED 131" PHIS NOTICE Failure to provide notification to These agencies may render you liable undcr Federal or State Law to penalties. National City Municipal Code 9,12.010 Public Nuisance Declared —In General Any, of the following conditions are hereby declared to constitute a public nuisance: A When the Fire Chief or his!her designee detemtines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper. boxes, shavings. or any highly flammable materials which are so situated as to endanger life or property: or finds obstructions to or on lire escapes, stairs. passageways, doors or windows that reasonably tend to interfere with the operations of the fire depnrtm-., or the egress of the occupants of such building of premises: or fords that the effectiveness of any exit door. attic separation or any fire separation wall is reduced. or 1 that any provision of the Uniform Fire Code is being violated. When the Fire Chief or his!her designee deems any chimney, smokestack, stove. oven, incinerator, furnace or other heating device. electric fixture or any appuncnance thereto. or anything regulated under a nationally recognized standard in or upon any building, structure or premises nut specifically mentioned in the Uniform Fire Code. to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of tire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing lire or U1ty dtmg Of lief which may obstruct. delay. hinder or interfere with the operations of Mc fire department or the egress of occupants in the event of lire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or !mated upon streets. sidewalks or private property are hereby declared to be a public nuisance. Far the purposes of this chapter. 'weeds" shall include the following: A. Weeds which hear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth us to become, when dry. a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. P. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. L. Dry grass, stubble, brush, liner, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Cih• Municipal Code 136.010 Public Nuisance Defined "Public Nuisance' means any condition defined or declared to be a public nuisance in any section of this code. and/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which significantly- obstructs. injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons, A public nuisance also has the same meaning as set firth in California Civil Code Section 3479. National Cih Muaicioal Code 136.060 Abatement— Anneal— llcarigtl Within ten it 0) days from the date of posting. mailing or personal service of the required notice, the owner or person occupying or controlling such ha Or premises affected mu} appeal to the City Council. Such appeal shall be in writing and shall be Pled with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted nenealguna pregunia, per favor flame al namero: 1-866-779.3774 Sa anumang katanungan, tumawag lang po sa numerong ito: 1-866-779-3774 Sincerely yours in public safety. **You have the right to appeal this matter to the City Council within ten 1101 days of the receipt of tF notice. 1-866-779-3774 est. 311 or http:/rcreprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1.36.0501 ***Fire Prevention Services. Inc. is under contract with the City of National City. Fire Prevention Services*** rev. 03/27/06.03,24/06.062.1106 U.S. Postal Service. CERTIFIED iomt_ RECE1PT (Domestic M.& Davy: Inscrrance r„ t'veraaP YFrCv'd for dothrery informr lot orm: ou' wruA Cwn Rehm A.r.Mpt r.r (EnA5rnov, ,t 1:+1atMfttl1 Prx*rkfia D+rlvrrv» R-ncirm4r! nrt,".n1 Teat! w a PO Pe chi; aau b57 4` ti1d 00 Pedroza John P:Hilda 1415 Sheryl Ln National City CA SENDER: COMr't.E7E T41S 5TCnfN a Complete Items 1, 2. end 3, Ale¢ corrq Item 4 if Restricted Delt/sry 1s desired. d Print your name and address an the reverse so that we can return the taad to you. ■ Attach this cent to the back of the rnellpleoe, or on the front If solace Omuta; •'RYC 1. Article Addressed tix bb/43UlaD0 Pedroza John'P;Hilds. 1415 Sheryl Ln t. National City CA 91950 2 Amble Number (Theurer Ikon servkeaborq r4i; 91950 • COr.','LFTr Pa7f $ECT/CN ON OEL'VERY D. Is delivery address different ?root Rem 1? l 0`: It YES. sobs- address beraw: C No a 411. Celled Phi CI Epees Met' iiiataisred 1:1 Muni Rnelltt tor mwow 'see b InsureetMel 0 OO.D.. t , t�6amlkied Deasy? (exaaFin) 7011 i 013t12 3663 1977 CI Yee Fire Prevention Services P. O. Box 1720 El Cajon, CA 92022-1720 10/17/2013 Pedroza John P:Hilda 1415 Sheryl Ln National City. CA 91950 1'7 Cl*C ! �' '.e f :w± n L '!life 11(llilll�r E�I1f14�11�i •11f�hti�l Flt l�f i i?i 111`11�1 CITY OF NATIONAL CITY FIRE DEPART IEN."i 333 E. 16th St.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Owner: Pedroza John P;1-Jilda Address: 1415 Sheryl Ln National City. CA 91950 Parcel #557 430 18 00 Authorization # 4021 Job location:1415 Sheryl Ln National City 91950 Authorized M :� Signature: Date: WHEN SIGNED THIS DOCUMENT ALLOWS fif 41T OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break R sq. ft. Removal: cu. yds. sq. ft. Discing: Cr sq. ft. Type: Type: Type: Type: Crew CREW INFORMATION Date q�ab1r3 I'M) 13 Notes: Please clear the entirepropem' of all piles of dead vegetation and debris. 06 w r; i morose 1 :442 JgEO 7 d • r FA6 P47 Jity .7 I I ,00 0 J ' i5 tr6�� f TZ 1i OF .t 11 PAR 4 PM10033 r an Oil AC iz; COr b 3T-(I6M57. C ERCRO331NG NO ACCESS TO rwY. SAM MOO COUNT 1175 WO WAS PAF 1A100 0145E34Ewr ROWS OEY. RO LOOM 6 4SSCSSd1'S MN wAA.'r IC COMET A WITH L X sJSEMsw w WONG M 1 PIXELS EOM 307. PAGE 43 74) MAP 166 - RANCHO DE LA NACION - POR OSEC 129 e 0111410007 tYj CHANGES OLD CUT 04 35 4073N xo! w 1673 346670 41 07 1161 r Hand Sq. Work space for diagrams and amount of work done Tractor Sq. Ft.: Total Removal Cu. Yds. Dump ticket: Dump Charge:---- yos - nx7v r 514°0 Sl,` i L iJ o 0 , ,.: ,,A"!-i4' ':' --- r-- - Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:l/firepreventiion.net 9/26/2013 Pedroza John P;Hilda 1415 Sheryl Ln National City, CA 91950 Parcel # 557 430 18 00 Location: 1415 Sheryl Ln National City 91950 Dear Pedroza John P;Hilda, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $553.44. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 430 18 00 on the check. if you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 Tractor Mowing A. B. C. D. E. NATIONAL CITY SCHEDULE OF FEES per parcel, sized 1 to 7.500 square feet per parcel, sized 7,501 to 15,000 square feel per parcel, sized 15.001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate `�,`-�1 v B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 quantity sub total sq. ft. 560 sq. R. 56.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X 3.85 cu.yds —I47.44 B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee. per parcel Miscellaneous Fees Per Parcel A. B. C. D. E. F. G. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary file duplication fee unscheduled Labor per man hour unscheduled fees FILE # 4021 $350.00 1 350.00 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) APN # 557-430-18-00 TOTAL $ 553.44 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 10/172013 Pedroza John P:I-Iilda 1415 Sheryl I.n National City, CA 91950 Ref: Parcel # 557 430 18 00 Dear Pedroza John P;Hilda, This is a reminder of the letter we sent you on 9/26/2013 and we have not received payment in the amount of $553.44 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 430 18 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine. CA 91903-2012 DI1O` C # 2013-0669034 I lI1II1lh 11I 11111 hill 11111 I1111 hill jj111111111111fi1111I 1111111111111 NOV 12, 2013 11:16 AM OFFICIAL ECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Droneniwiy, Jr.. COUNTY RECORDER FEES: 0.00 PAGES: 11Nll NII alll Ills IIIII llli IiIN IIII III Illi N1 Nil NI lid i1Ill all NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 (tithe National City Municipal Code did exist. and WHEREAS such violation was ordered abated on 9/17/2013, and WHEREAS representatives ofthe National City Fire Department abated the violation(s) on 9/25/2013. and WHEREAS the charge for such abatement amounted to $623.44; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Pedrosa John P:Hilda at 1415 Sheryl Ln. National City. CA 91950 described as follows: APNr+5574301800 ADDRESS: 1415 Shciyl Ln National City 91950 LEGAL DESCRIPTION: This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law. the property may be sold to satisfy that obligation. The amount of such claim shall be $623.44 plus interest and other costs which may hereafter became due, This filing dons not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED; October 31, 2013 State ofCalifomia ) SS. County of San Diego BY: Ken sham, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On October 31, 2013 before me. Jessica A. Morgan, Notary Public personally appeared Kett Osborn. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hart and official s al. A U01SAM COMM. 12022405 Motors Public - California o $ip ' .+ CURL 1E 2017 (Seal) SUMMARY REPORT FOR APN 558-030-30-00 07/11/13 Received citizen complaint. 07/16/13 Initial inspection was made, property was found to be in violation. 07/17/13 Mailed 30 day courtesy notice to the owner. 08/19/13 Re -inspection was made, property was found to be in violation. 08/19/13 Posted property. 08/20/13 Mailed 10 day final notice to the owner, certified mail. 09/03/13 Final inspection was made, property was found to be in violation. 09/04/13 Verified ownership information with County of San Diego. 09/17/13 Work order authorization signed by District Official for admin fee only. 09/18/13 The owner was mailed an Administrative bill at the contracted rates. 10/03/13 Certified notice returned "unable to forward". 10/09/13 The owner was mailed a final bill. 10/09/13 A Notice of Abatement was filed on the property. 06/05/14 The list of Fixed Charge Special Assessments [EXHIBIT "A"] and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Dimenstein Sam Tr Parcel Number: 558 030 30 00 Address: 360 Hilltop Dr Date: 7/17/2013 Chula Vista. CA 91910 Location of Public Nuisance: 1035 Harbison Ave National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain anv and all grasses below 3 inches Year round)(Trash and furniture behind laundrymat at 925-933 Harbison Avel You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner. within Thirty (30) days of 7/17/2(113. •"Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at nut expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will he charged in addition to the contractor's fees to clean the propcny trier Resolution number 94-97). Violations are also subject to proseculiom as misdemeanors. Guidelines For The Abatement of Flammable Yeeetation For the protection of life and piuperly. remove all brush, flammable vegctatne), or combustible growth which is Iocatcd from shiny 130) feet to one hundred I f 00) feet from such a building or structure or to the property Tine, whichever is nearer, or as required by the Fire Department. including the maintenance of grass and other vegetation more than thing (30) from such building or structure. Cuttings are to he removed from the property and disposed of properly. Vegetation is to be as within two 12) inches 'tithe ground, "NOTICE REGARDING RARE, THREATENED QR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Gante or the U.S.1'ish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY J IRi DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION C71.EARINCi. IF THESE AGENCIES f AUL TO OBJECT OR NO111,1' YOl' OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS. Y011 MAY THEN PROCEED TO CLEAR VF CIF ATI()N AS DIRECTED BY THIS NOTIC'F. Failure to provide notification to these agencies may render you battle under Federal or State 1.aw to penalties. ;rational City Municipal Code 9,12,010 Public Nuisance Declared —hi General Any of the following conditions are hereby declared to constitute a public nuisunce: A. When the Fire Chief or his/he7 designee determines that there exists in any building or on any premises combustible. hazardous or explosive materials or danger accumulations of rubbish: or unnecessary accumulations of wastepaper. boxes. shavings. or any highly flammable materials which are so situated as to endanger lift of property: or finds obstructions to or on lire escapes, stairs, passageways. doors or windows that reasonably tend to interfere with the operations of the tire department or the egress of the occupants of such building of premises: or finds that the effectiveness of any exit door. attic separation or any fire separation wall is reduced: or finds that any provision of the lln)fonn Fire Code is being violated. A. When the Fire Chief or his/her designee deems any chimney, smokestack. stove, oven. incinerator. furnace or other heating device, electric fixture or anv appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the Uniform Fire Code. to he defective or unsafe so as to create a hazard C, When the Fire Chief or his/ber designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of lire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act Which may obstruct. delay. hinder or interfere with the operations of the tiro department or the egress of occupants in the event of fire. National CHv MunieinaI ode 9.12.020 Public Nuisance Declared -Weeds and Other Flammable Materials All weeds. growing or located upon streets, sidewalks or private property are hereby declared to he a public nuisance. For the purposes of this chapter. "weeds" shall include the following: A. Weeds which bear seeds ora downy or wingy nature. fl Sagebrush. chaparral, and any other brush nr weeds which attain such large growth as to become. when dry, a fire menace to adjacent improved propeny_ C. Weeds which arc otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush. litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the C'ity, which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined 'Public Nuisance' means any condition defined or declared to be u public nuisance in any section of this code. and/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's wealth. safety and welfare or which significantly obstructs. injures or interfere's with the reasonable of Gee use of property in a neighborhood. community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement Appeal —Hearing Within ten (101 days from the date of pasting, mailing or personal sen•ice ot'the required notice. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel free to call this number: 14166-779-3774 Si usted tienealguna pre)tunta, por favor (lame al numero: 1466-779-3774 Sa aoumang katanungan, tumawag tang pa sa numcrong lto: 1-a66-779-3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this n I.866-779-3774 ext. 311 nr http://firepresention.net The appeal shall be in writing and filed with the Cin• Clerk. (NCMC 1.36.050) 1 l ...Fire Preyentinn Service, Inc i, under r+nttact wiih the envof Nat carat rite y`\J 1 �/ NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? YOs HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No No Yea CALL FIRE PREVENTION 1.666-779-3774 http:NHroprsventIon.net rp CALL FIRE PREVENTION FOR RE4NSPECTION. 1.866-779-3774 http:llhreprevention.net PROPERTY OWNER* ARE RESPONSIBLE FOR MAIRTAININO NALARD ABATEMENT ON A YEAR ROM) DADA DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No l WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? NO IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL. ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1.666.779.3774 http:(Mroprovention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE4NSPECTION. 1.665.779.3774 hetp:IMropreventlon.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1466-779.9774 http:llfiropreventlon.net IF ARRANGEMENTS ARE MAE E$IQ$ TO CRY ABATING HAZ* D,THE ADMINIBTRATNE FEE NAY BE WANED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES I. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250,00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Reme¢iation (includes chipping, grinding, and/or shredding) A. percubic yard of material prior to chipping, and or compacting $ 38,00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St.: Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Dimenstein Sam Tr Parcel Number: 558 030 30 00 Address: 360 Hilltop Dr Date: 8/20/2013 Chula Vista CA 91910 Location of Public Nuisance: 1035 Harbison Ave National City 91950 Instructions for Abatement: Please clear the entire nronertv of all weeds, dead vegetation. trash. debris and arunda. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches vear round)(Trash and furniture behind laundrvmat at 925-933 Harbison Ave) You are hereby directed to abate the public nuisance described above, of which you arc the occupant or owner. within ten 1IO) days of 8/20/2013 **Your failure to comply with this order will result in you being charged the administrative tee and the City having your propeny cleaned by the City's contractor at Y11 espcnse iper National City Municipal Code Chapter 1.36). A $350.00 administrative fee will he charged in addition to the contractors fees to clean the property tiler Resolution number 9.1-9 71 Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of liar and propeny, remove all brush, flammable vegetation. or combustible growth which is located from thing 1;0) feet to one hundred 1100) feet from such a building or structure or to the property line. whichever is nearer. or as required by the Fire Department. including the maintenance amass and other vegetation mono than thirty 130) from such building or structure Cuttings are to he renewed from the properly and disposed of properly. Vegetation is to he cut within rya (2) inches of the ground C. Dry grass, stubble. brush. liner. or other flammable material which endangers the public safety by creating a fire hazard in a portico orate City which has been zoned for single and multiple residence purposes. Nadonai CJty ►tuipidnai Cade 1.36.010 Public Nuisance Defined "Public Nuisance" means am condition defined or declared to be a public nuisance in any section of this code. and/or and condition caused, maintained or permitted to gist which constitutes n threat to the public's health, safety and welfare or which significantly obstructs. injures or interferes with the reasonable of rice use of property in u neighhortaxid, community or 10 any considerable number of persons. A public nuisance also has the same meaning m set fonh in California Civil Coale Section 3474 National Citv Municipal Cade 1.36.060 Abatement— Appeal— Hearing Within ten 1101 days from the dale of posting_ mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be fikd with the City Clerk tf you should have any questions. please feel free to tall this number: 1-866-779-3774 Si usted ttenealgune pregunta. por favor Ilame al numero: I-866-779-3774 Ss anumang katanungan, tumawag long po to aumrrong Rut 1466-779-3774 "NOTICE REGARDING RARE. THREATENED OR ENDANGERE.DSPECIES" iI• you have previously' received a notice from the California Department of fish and dame or the U.S. Fish and Wildlife Striae that rare. threatened ur endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY nOTH AGENCIES AND T1if NATIONAL ciTv FIRE. DEPARTMENT IN WkI1IN(3 Al LEAST TEN t10) DAYS PRIOR TO BEGINNING VI.(I 4 ATION CLEARING. iF THESE A(iENC7L, FAIL TO OBIECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDt1RE'S Wf1T11N THOSE TEN (10) DAYS. 1'OU MAY THIN PROCEED Tf) CLEAR VEGETATION AS DIRCCTEI) 111' THIS NOTICE Failure to provide :unification to these agencies may render you liable under Federal or State Low to penalties. tiatioaal City blunicitnl Code 9.12.0111 Public Nuisance Declared —in General Any of die following conditions are hereby declared to constitute a public nuisance A. When the Fire (Ingot his her designee determines that there exists in any building Of on any premises comhuslihk. hazardous or explosive materials in dangerous accumulations or nuhbish; or unnecessary accumulations of wastepaper, boxes. shavings. or any highly flammable materials which are so situated as to endanger lift or property. or finds obstructions to or on fire escapes. stairs, passageways, door or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building ol'pianism: or finds that the effectiveness of any exit den, ante separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. N. When the Fire Chief or his/her designee deans any chimney, smokestack. stove. oven, incinerator, funuacc or other heating device. electric fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building structure ur premises not specifically mentioned in the I'nnimth Fire Code. to be defective or unsafe so as so Create a hazard. (.'. When the Fire Chief or his/her designee finds any condition which in histhcr judgment increases or may cause an increase of the hazard or menace od fire to u renter degree dun customarily recognized as normal by persons inihe public soviet regularly engaged in preventing. suppressing or extinguishing lire or any thing or act which may obstruct, delay hinder or interfere with the opmations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.0I0 Public Nulaince Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wing)• nature. Sagebrush, chaparral. and auw other brush or weeds which attain such large growth as to become, when des. a fire menace to adjacent improved property. C'. Weeds which are otherwise nosiaus or dangerous. D Poison oak and poison ivy when the conditions of growth arc such as to constitute a menace the the public health, Sincerely yours in public safety. "You have the right to appeal this matter to the City Council within ten i 101 days oldie receipt of this notice. 1-866-779-3774 ext. 311 or http:/lfireprnxntiao.net The appeal shall he in writing and filed with the City Clerk. (NCMC 1.36.050) .**Fire Prevention Services. Inc. is under contract with the City of National City, Fire Prevention Services*** NATIONAL CITY FIRE DEPT. 1243 National City Blvd National City, CA 91950-459% (I Owner: C imenstein Sam Tr Address: 360 Hilltop Dr Date: 8/20/2013 Cbula Vista, CA 91910 Location ofPublic Nuisance: 1035 ilarbison Ave National Cit: Instructions for Abatement: Please clear the entire nronerty of, 519tC 315Oi 6S c.c. fiMAS Gi CERTIFIED MAIL 7011 1570 0002 3883 1960 Parcel Number: 5S N'-X1= --•r UII�II11 Hf f !iI!! !! ! !tI I .Manosferss �� i 1 1 rorrees vree loon 91910 tl . S POSTAGE PAID El i . At* ED.'i3 Amnutn Rfr�R� RFn�. RECtilt . 9 1 E E 10'09 00fl3!7.5/13 PETURN TO SE NDEP ;)NCl,.AI'1EG jfNA3LE TO PORWAP� 9193154-1969d `'2304-Q17t:498-2E+-?.fi ii1 f: 7 I I + t: U.S. Pc st i S rvice, CERTIFIED MA11., R PT 4%0Cfnastrc. ft_*Cs:+ve-1,oa rit' th':Jt Dimenstein Sam Tr 380 Hilltop Dr 1" Chula Vista CA 91910 CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA. 91950-4596 dMA. n Owner: Dimenstein Sam Tr Address: 360 hilltop Dr Chula Vista. CA 91910 WORK ORDER AUTHORIZATION Authorization # 4022 Parcel #558 030 30 00 Job location:1035 Harbison Ave National City 91950 Authorized by. Si aturc: t Date: `:/ WHEN SIGNED THIS DOCUMENT ALLOGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: cu. yds. sq. fi. Discing: sq. It CREW INFORMATION Crew Date Type: Type: Type: i pe: Notes: Please clear the entire property of all weeds. dead vegetation. trash. debris and arundo. All piles of dead vegetation and debris muse be removed from the property. (Please maintain any and all grasses below 3 inches Year round)(Trash and furniture behind laundrvmat at 925-933 Harbison Avel m y ?1 T.1 N 60 ... jiJ 6Os bsL eb 50 OSrS 68SOI toe; s 55 21.•/'»• i3 Ia � h 16 MrF.Q : , 20 22 S•f• 43 .7 • ti0 1ZSt -! 1 •� r� _ref�F ar.�r o r „J rj rl Mr r..idt. el> t'r. .' 2° HARHISON S HARBISON .Y 74lO 380! J'SO Y Y 391 4 4D e7 Tr SO 'a e . so 4 N 0 at 35 41 9sJ0 el 34 PP SO a2 bs 33 ti `'� ti . Peso Pen p0 RACHAEL 9 AVE. so3 `J2 A. nt-f0 1 *SAT rr PPP, ",y �— '' HARBISON 1 $ Q !t, .,far 1 d w MH .. 558 03 ST 50 S Pt 311+ 97I1' z .f{ 7e 1 030 • '4f Str' 2 I 0.57 AG M 11¢2t ISO Jr fe• 3/26 �' * 1 ‘12 O C.02 PC ^ �• M,l r s•0 �rlrrr7 .rltt 9. •rtf W7 re�n /s:o 41.0 e Mi66 rak 430 lY /!•„'J0.3F l� "-- 9TH 5T 1---10TH ST OP y 106 /0 >5 1.70 AL w Y Fal !tJl felt.“ _ se`-1 • 11 IA 73 OP NO SCALE DETAIL 2.0 AO -7 4- tIITH ST ',s PAR 2 r• A�0SE • PAR.1 f • 17 AC 103 rll gN.. LR!h•Ny • al PLAZA BLVD SSlt - 03. 1 Irt 0iiII 1Pl1EAET1f EINMIIMEOEM ENIMNIFITTEMIEn micourarmn NINZAMONTI INCZNEETIMNOMIIIMISMCM I♦1N'rw®4iY{ii MON MN ENE �if�■ NIENINIMIN INIONINNENIE INNENIN MEM_11M111 IN M--.— ___-_ EIMMIN NONEINNEEN EINININIENE --_._ IM--.— HAN MAP I 1 B21 - HARBISON VILLAGE MAP 166 (M 815) - RHO OE LA NACION FOR QSEC 103 & 106 ROS 11576 40 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net ADMINISTRATIVE BILL 9/18/2013 Dimenstein Sam Tr 360 Hilltop Dr Chula Vista. CA 91910 Parcel # 558 030 30 00 Location: 1035 Harbison Ave National City 91950 Dear Dimenstein Sam Tr, Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property was re -inspected on 9/3/2013 and found to still be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice. ifthe violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 9/17/2013 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please make check payable to F.P.S.I. and please include the File # 558 030 30 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19106 �z� NATIONAL CITY SCHEDULE OF FEES Tractor Mowine A. per parcel. sized 1 to 7.500 square feet B. per parcel. sized 7.501 to 15,000 square feet C. per parcel, sized 15.001 square feet to 30,000 square feet D. per parcel. sized 30.001 square feet to one acre F. per square ibot over one acre Hand Labor A. per square foot of area abated Dozer Oneration A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 Debris Rernediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping. and or compacting $38.00 x 13. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour 1I. unscheduled fees FILE # 4022 APN # 558-030-30-00 quantity sub total sq. ft. sq. ft. cu.rds = $350.00 1 350.00 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL S ;350.00 Fire Prevention Services Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net Final Bill 10/9/2013 Dimenstein Sam Tr 360 Hilltop Dr Chula Vista. CA 91910 Ref: Parcel # 558 030 30 00 Dear Dimenstein Sam Tr. This is a reminder of the letter we sent you on 9/18/2013 and we have not received payment in the amount of S350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 030 30 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services. Inc. PO Box 2012 Alpine. CA 91903-2012 InIVIq�I��nAI�nI��II�I�INIIII�Iu�IdnIIINUII OCT 10, 2013 1:55 PM SAN DIEGO COUNTY OFFICIAL RECCORDER•S OFFICE Ernest J. Dronenbuiy. Ji.. COUNTY RECORDER FEES 0.00 PAGES: 1 111111111111111111111111111111111111111 • NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 9/17n013. and WHEREAS representatives of the National City Fire Department abated the violation(s) on 9/17/2013, and WHEREAS the charge for such abatement amounted to $420.00: THEREFORE be it known that an abatementobligation exists on the property regardless of owner until paid. The current owner of the property is Dimenstein Sam Tr at 360 Hilltop Dr. Chula Vista, CA 91910 described as follows: APN t/ 558 030 30 00 ADDRESS: 1035 Harbison Ave National City_ 9I950 LEGAL DESCRIPTION: This abatement obligation shall attach to the property, not the owner. and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law. the property may he sold to satisfy that obligation, The amount of such claim shall be S420.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions be rggtt'red or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: October 9. 2013 State of California ) SS. County of San Diego BY: Ken Osbom, Fire Prevention Services. Inc., Designee for National City Fire Department Certificate Of Acknowledgement On October 9. 2013 before me. Jessica A. Morgan, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/sheMtey executed the same in his'her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, JUS1CA A. MOAN COMM. 02022405 z Notary Public - California Aim t. County Con.28 2017 SUMMARY REPORT FOR APN 560-064-02-00 03/26/13 Initial inspection was made. property was found to be in violation. 03/28/13 Mailed 30 day courtesy notice to the owner. 04/30/13 Re -inspection was made, property was found to be in violation. 04/30/13 Posted property. 05/02/13 Mailed 10 day final notice to the owner, certified mail. 05/15/13 Final inspection was made, property was found to be in violation. 05/1513 Certified notice returned "unclaimed". 05/21 / 13 Verified ownership information with County of San Diego. 06/04/13 Work order authorization signed by District Official for admin fee only. 06/05/13 The owner was mailed an Administrative bill at the contracted rates. 07/01/13 The owner was mailed a final bill. 07/17/13 A Notice of Abatement was filed on the property. 06/05/14 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Library Village South inc Address: 9948 H ibert St #210 San Diego. CA 92131 Date: 3/28/2013 Parcel Number: 560 064 02 00 Location of Public Nuisance: 1513 Roosevelt Ave National Cite 9195(I Instructions for Abatement: Please clear the entire nrnperty of all weeds, dead vegetation, traSk debris and arundo. All niles of dead vegetation and debris must be removed from the nronertY. (Please maintain anv and all ErasSe. below 3 inches vear round) lbu are hereby directed to abate the public nuisance described above. of which you arc the occupant or mwner, within thirty (30 days of 3/2N2013 • *Your failure to comply with this order will result in the City having your property cleaned h) the C'ity's c ntmctor 01 vier expense Iper National City Municipal Code Chapter 13(r ) A S350 00 admfnistratiwr fee will be charged m ialdition to the contractor's fees ur clean the property (ter Resolution number 94-47) Violations are also subject to persecution as misdemeanors. C'uidelinea ur The Abatement of Flammable Vegetation For the protection of life and property. remove all finish, flammable vegetation. or combustible growth which is located from thin) (30i feet to DM hundred (100) tcct from such a building or stmclure or iodic property line whichever t nearer, or as manual h the Fife fhpanntent. including the maintenance of grass and mho vegetation moor Ilan thin. (30i Mint such building ur structure Cuttings ntv to he removed from the pu,pem and disposed of properly Vegetation is to he cut within two (2i inches of the ground " NO'1'ICL. REGA14.U1NG RARE. THREATENED OR ENDANGERED SPECIES" It you have previously received a notice from the California Depnnment of fish and Game or die I' S fish and Wildlife Services that rare, tlrrcatened ur endangered spcctes of fish in wildlife awe occurred on your property in the ureas identified fur fuel break clearance. Y(lt' MUST NOTIFY ROTH AGENCIES AND 1lib• NAIIONAI. CiTY FIRE DEPARTMENT IN WRITING AT LEAST TEN (I0) RAYS PRIOR TO REGINNINt i VEGGE1A! ION CLEARING IF THESE AGENCIES FAIL. Tl OBJECT Nam' YOU OF ANN, ALTERNATIVE RNATIVE PROCEDURES WITHIN 'IHOMF TEN (Ito DAYS. YOU MAY THEN PROCEED TO ('I FAR VEGETATION AS DIRLC"rrD 13Y THIS NOTICE Failure to provide notification In these agencies may render you Kahle under Federal or State Law to prnalltes �atilmat City lfunfejpal Code 9.12,1110 Public Nuisance Declared—ln general Any of the following conditions etc hereby declared to constitute a public nuisance When the Fire Clod nr ht'hei designer determines that there exists in any budding won any praises combustible. hazardous or explosive matcrrnis or dangcroi accumulations or rubbish, or unnecessary accumulations of wastepaper. loxes. shin trigs. or any highly Raninnuhk materials which are so situated as to endanger life propert), or finds obstructions to or air fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations nrthe lire department or t.._ egress of the occupants of such building of premises, in finds that the effectiveness of any exit door. attic separation or ton lire separation sail is reduced Di finds that any provision of the Uniform Fire Code is being violated. f9 When the Fire Chief or his/her designee deems Any chimney. smokestack. stove, even, incinerator, furnace or otter herding device, elecuic fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the Unifann Eire Ctsdc. to he defective or unsure sot as to creak a hazard C When the Fire Chief or hunter designee Ands any condition which in hisitter Judgment increases or may cause an increase oldie hazard or menace or fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing tire or any thing or act which our+ obstruct. delay. hinder or interfere with the npctalions of the fire depnnmcnt or the egress of occupants in the event of tiro National City Munition! ('ode 94.020 typos Nuisance Declared —Weeds and Other flammable Materials All weeds, growing or located upon streets, sidewalks ttt private property are hereby declared to he a public nuistuiee l'nr the purposes ot'this chapter. "weeds" shall 'Inclode the following. A Weeds which hear seeds of a downy or wingy nature l3 Sagebrush. chaparral, and any other brush or weeds which attain such huge growth as to become. when dry, a fire menace to adjacent improved prnpeny Weeds which are utherwysc noxious or dangerous Poison oak and poison is'' when the conditions of growth arc such as to constitute a menace the the public health F Dry grass. stubble. brush, liner. in outer flammable material which endangers the public safety by creating a fire hazard in a panion of the City which has been zoned for single and multiple residence purposes National (itt htunirinat Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared In be public nuisance in any section of this code. andinr anti condition caused. maintained or primmest to exist Which Cnn5100te5 a threat to the public's health, sidely and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of property in a iur(hhorhond. community or to any considerable number of persons. A public nuisance also has the same in -caning as set froth rev California C ivit lode section 347q Notional City Monition! Code 1.36.060 Abatement-- Anneal— liming Within ten 110) days from the date of posting. mailing in personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council Such appeal shall be in writing and shall he filed with the City Clerk. If you should have any questions. please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregame, per favor Dame al number: 1-866-779-37 74 is animism latanungan, tumanne tang po sa numerring itn: 1.866.779-3774 Sincerely yours in public safety. • • You have the right to appeal this matter to the City Council w mhrn kn (I In, days of the receipt of this notic 1-866-779-3774 txt.311 or http/lflreprevcntion.nei The appeal shall be in+%Tiling and tiled with the City Clerk rNI'MC l 360501 •"•Fite Prevention Sevices. Inc is under contract with the Cm of National City. Fire Prevention Services"•• NATIONAL CITY FIRE DEPARTMENT • COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes IP HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? N10 CALL FIRE PREVENTION No 1-586.779-3774 http:/freprevention.net Yes CALL FIRE PREVENTION FOR RE4NSPECT10N. 145E-M4774 http:/Mireprawntion.net PROPERTY OWNER. AM RE$PONpeLE FOR NAINTNNEM MIAOW AbA7 NWT ONAYEAR Krum DMIS DO YOU UNDERSTAND HAVE YOU THOROUGHLY THE INSTRUCTIONS FOR No READ THE ABATEMENT Yes ABATEMENT? INSTRUCTIONS Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No 4. WOULD YOU UKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT AE'Ai £D'WiTHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS IF YOU 00 NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1406•77e.3774 httpJmNnprewntlon.Mt CALL FIRE PREVENTION WHEN YesCOMPLETED FOR RE -INSPECTION. 14$11-77$3774 httpslMlrspdwrMion.net Yes CALL FIRE PREVENTION FOR ARRANGEMENTS. 140S.779.3774 http;dflrepreventlon.net IF ARRAM MENTS ME MADE p$IQ5 TO CITY AMATE O MEMO, THE ADM EPRATNE FEE MAY SE WANED. 333 E. 16th Street : National City, CA : 91950.4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. Ilagd Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.90 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. 6. 7. 8. Administrative Fee (failure to comply with final notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) 1% CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 E. 12th St.: Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Library Village South Inc Address: 9948 l-libert Si g210 San Diego, CA 92131 Date: 5/2/2013 Parcel Number: 560 064 02 00 Location Of Public Nuisance: 1513 Roosevelt Ave National City 91950 Instructions for Abatement: Please clear the entire property of all weeds. dead veeetatiom trash. debris and arundo. All piles of dead veeetation and debris must be removed from the property. (Please maintain any and all Brasses below 3 inches year round) You are hereby directed in abate the public nuisance described ahnve. of which you arc the occupant or owner, within ten 1101 days of 5/2/2013. • `Your failure to comply with this order will result in you being charged the administrative l'ee and the Cm hiving your proper cleaned by the C ity's contractor at Lam expense (per National City Municipal Code Chapter 1 3fi) A $350 00 administrative ice will be charged in addition to the contractor's tics to clean the property (per Resolution number 94-97 ). Violations arc also subject to prosecution as misdemeanors Guidelines For The Abatement of Flammable yeeetation Fait the protection of life and property, remove all !rush, flammable vegetation. or combustible growth which is located from tinny i30) feet to rue hundred 1 t00) feet firm) such a building nr sundae or to the property line, whichever is nearer. or as required by the Fire Department. including the maintenance of grass and other vegetation more than thirty (301 from such building or structure Cuttings am to he removed from the property and disposed of properly Vegetation is to he But within Iwo 421 inches of the ground. "NOTICE: REGARDING RARE. THREATENED OR ENDANGERED SPECIES" if yvu have previously received n notice from the (alak.rnia Department of Fish and Game or the C S Ioh and Wildlife Sets ices that rare. threatened or endangered species of fish or wildlife have oecuned on your property in the areas identified for fuel Break clearance. YOI' MUST NOTIFY ion' AC+ENC'II[S AND THE NATIONAI. CITY FIRE DEPARTMENT IN WRITIN1i AT LEAST TEN t Ih1 DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF fflLSL AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY AI.TFRNAT(VE PkO tUf4ES WITHIN TI IOSE TEN ( lilt DAYS. YOU MAY TIIEN PKO(tI i) TO MAR VF(iITATION AS DIRECTED BY THIS Nt }IICE Fmiurc ro provide nntificmnm It, these agencies mu render you liable under Federal or Bate Law to penalties National City Municipal Code 9.11.010 Public ?Suisan , Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance. A When tits Fire Chief or his/her designee determines that there exists in any building or nil any premises crnnhitslihle. hazardous or explosive materials or dangerous accumulations of rubbish. or unrieccscan accumulations of wastepaper. boxes. shavings, or any highly flammable materials which are so situated as to endanger life tit proper, or finds obstructions to or on fine escapes, stairs, passageways. doors or windows that reasonably tend to interfere with die operations oldie file department or the egress of the occupants of such building of premises. or finds that the effectiveness of any exit dior, attic separation or any fire sepamtion wall is reduced: or finds that any provision of the Uniform Fire Code is being violated N When the Fire Chief or his/her designee deems any chimtrey, smokestack. stove, oven, incinerator. htrnace cx tithe! heating device, electric fixture or any appurtenance thereto, or anything reptdaled under a nationally recognized standard in or upon any building, mimic Or premises not specifically mentioned in the Uniform fire Cade. to he defective or unsafe so as Macaw u hazard. C When the Fire Chiefs hisditt designer finds any condition which in hisrlicr judgment increases or may cruse an Increase oldie hazard or menace of fin:to a greater degree 'hat customarily recognized as normal by persons in the public service regularly engaged nit preNtnttng. suppressing or extinguishing fire or any thing or act which may obstruct. delay. hinder or interfere with the operations of the frrr department or the egress of occupants in the event of fire Nothing' City Municipal Corr 9.12,020 Pwhlic Naisanee Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets. sidewalks of private property arc hereby declared to be a public nuisance For the purposes of this chapter. "weeds' shall include the following A Weeds which bear seeds of a downy or wing} nature_ N Sagebrush, chaparral, and any other brush or weeds which attain such large growth es to becorne. when dry, a lire menace to adjacent improved property C. Weeds which are otherwise noxious or dangerous. D. Poison tack and poison ivy when the conditions of growth ate such as to constitute a menace the the public health E. Dry grass. stubble, brush. litter, or rhea flammable material which endangers the public safety by creating a fire Ward in a portion of the City winch has been zoned for single and multiple residence purposes National City Municipal Code 136.010 Public Nulsanee Defined 'Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare of which significantly obstructs. injures or interferes wily the reasonable of free use or property in u neighborhood, community or to any considerable number of persons A public nuisance also has Ihr same meaning in set forth in California Civil Code Section 3479 National Cite Munk -foal Code 136.060 Abatement— Anneal— Hearin Within ten 1 In) days from the date of posting, mailing or personal service of thc required notice, the owner or person occupying or cnnuoling such lot or premises affected may appeal to the City Council Such appeal shall he in writing and shall he filed with the Car Clerk If you should have any questions, please feel fret to call this number: 1.166-779.3174 Si usted tienealguna pregnant, por favor Dante al numern:1466-179.3774 Sa anumang katanungan, tamawag tang miss aumeroug ito: 1466-779-3774 Sincerely yours in public safety. • • You have the nght to appeal this matter to the City ('nuncd within ten 1101 days of thc receipt of this notice 14166.719-3774 est.311 orhttp:/t1repreventian.net The appeal shall he in wining and filed oath the City Clerk INCMC 1.3a 050) •"Fite Prevention Services Inc is under contract with the Cat of National City Fire Prevention Services►•• rev, 03127A7h. (424/06, 0621/0b - -CERTIFE1J MAIL., NATIONAL CITY FIRE DEPT 1243 National City alVd National Cily,SIL9k)51)45.96 n MAT 1 3 2013 CITY OF NATIONAL CITY r:"', FIRE DEPARTMENT 11 11 --?1.7;;"•1170 1 0 470 moo 6 5 4 0317 , . iner: Library Vtllage South Inc ddress: 9948 Hibert St 4210 Date: 5/2/2013 San Diego, CA 92131 ocation of Public Nuisance: 1513 Roosevelt Ave National City 91' 1st:ructions for Abatement: please clear the entire nronertystall -*firm and debris must he removed from the oronertv. (Please, 922 ViVierS4' 921311q103 4 rarcel Numper. coornexterss PoS742, WRVOCI- moo 92131 f7TL U.S. AID POSTAGE ra. FN. rp -9202g %ball 1 P r) •A .3 t N AR flP U.S. Postal Service— CERTIP1ED MAIL RECEIPT (Vorres.lc MI Ory No IrisurarIcri Covorlioo n'-ovidori) Oellv,...ry Informal -ton Wsa websitt It Www uss,c+-11n JAL USE Peleme Cm94.ti F ' CI 13 Melee RepD t Fee (E-newleseent 'Weeded Mederseenere r- r 560 064 02 00 ru `' Library Village South Inc C:1 Woe!. 9948 Hibert St #210 vte° San Diego CA 92131 zit-J, Fee 4(1.46 s2 .53 32 1 01,,11217r.r.! - NC r CITY OF NATIONAL CITY FIRE DEPARTMENT 333 E. 16th St. : NATIONAL CITY, CA, 91950-4596 WORK ORDER AUTHORIZATION Owner: Library Village South Inc Address: 9948 Hibert St #210 San Diego, CA 92131 Parcel #560 064 02 00 Authorization # 3785 Job location:1513 Roosevelt Ave National City 91950 Authorized by: my.tty, eate: WHEN IGNED THIS DOCUMENT AL S T OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATI IC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Tractor Mowing: METHOD OF CLEARING Entire Parcel Fire Break sq. ft, Removal: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 1 ______ I I 1 1 COOLIOGE 14Tw _ _1 1 re hr „ems a ; . Ja 4CD - _xlta� _ �' s ;Pl K M Q'De1S1.1i 12 w,: - i P'U'i ` nye - mat eae DIGO GGUNIT £SSE%SGe S ,a.P 11003 !.0 rtGr e. MA314 133 a45E mpg NPnOSES GN.• 2 2., 3 mS 43) CD. CD 4CD V./ a OD..51 lJ 2 2.e ROOSEVELT dT Tet lL 1 ST d ST i 0 rnn ST MAP 348 - NATIONAL CITY RE - FILED POS 8704. 10014, 10423,11415 560-06. e Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http://fireprevention.net ADMINISTRATIVE BILL 6/5/2013 Library Village South Inc 9948 Hibert St #210 San Diego, CA 92131 Parcel* 560 064 02 00 Location: 1513 Roosevelt Ave National City 91950 Dear Library Village South Inc. Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property was re -inspected on 5/15/2013 and found to still be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice, lithe violation is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 6/4/2013 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please make check payable to F.P.S.I. and please include the File # 560 064 02 00 on the check. If you have any questions please call us direct at (866) 779-3774. Sincerely, Fire Prevention Services. Inc. rev.05/ 19/06 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7.501 to 15.000 square feet C. per parcel. sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 Debris Remediation (includes chipping. grinding, and/or shredding) A. per cubic yard of material prior to chipping and or compacting $38.00 x 13. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 3785 quantity sub total sq. ft. sq. ft. cu.yds = $350.00 1 350.00 $200.00 $275.00 $50,00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) APN # 560-064-02-00 TOTAL $ 350.00 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (866) 779-3774 : fax (619) 445-6336 http:l/fireprevention.net Final Bill 7/1/2013 Library Village South Inc 9948 Hibert St #210 San Diego, CA 92131 Ref: Parcel 4 560 064 02 00 Dear Library Village South Inc. This is a reminder of the letter we sent you on 6/5/2013 and we have not received payment in the amount of S350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include fling an abatement lien on your property and forwarding this hill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel it 560 064 02 00 on the check. Should you need to discuss this matter you may contact us at (866) 779-3774, Sincerely, Fire Prevention Services, Inc. rev.05/19/06 RECORDING REQUESTED BY Fire Prevention Services. Inc. PO Box 2012 Alpine. CA 91903-20I2 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC # 2013.0449034 III1IAIIIIIIIIIInI11flIMIIIGIaIIIIInNNIII11II111IIVbII JUL 18, 2018 12:42 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE Ernest J. Oronenburg, Jr.. COUNTY RECORDER FEES: 0.00 PAGES: 1 lN� ; 11111111111111111111M11111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist. and WHEREAS such violation was ordered abated on 6r. 2013. and WHEREAS representatives of the National City fire Department abated the violation(s) on 641'20I3, and WHEREAS the charge for such abatement amounted to $420.00: THEREFORE be it known that an abatement obligation exists on the propeny regardless ammo. until paid. The current owner of the property is Library Village South Inc at 9948 flihert St tt210. San Diego. CA 92131 described as follows: APN rr 560 064 02 00 ADDRESS: 1513 Roosevelt Ave National City 91950 LEGAL DESCRIPTION: This abatement obligation shall attach to the property, mu the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law. the property may be sold to satisfy that obligation: The amount of such claim shall he S420.00 plus interest and other costs which may hereafter become due. This filing does not preclude the tiling of legal action for collection. Should such actions be required or determined to he appropriate. reasonable legal fees will he incurred and added to said obligation. DATED: July 17. 2013 State of California County of San Diego )SS. ) BY: Ken Osborn. Fire Prevention Services, Inc.. Designee for National City Fire Department Certificate Of Acknowledgement On July 17. 2013 before me. Jessica A. Mogan. Notary Public. personally appeared Ken Osborn. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Nokoklints m o coat (Seal) 1`� CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 29 ITEM TITLE: An Ordinance of the City Council of the City of National City ordering the submission of a measure to extend an existing voter approved Transactions and Use Tax (A Sales Tax) in the amount of one percent (1%) to the qualified voters of the City at the General Municipal Election to be held on November 4, 2014 PREPARED BY: Claudia Gacitua Silva DEPARTMENT: C PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce ordinance I BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed ordinance Page 3 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 one cent (1 %), with no increase. With an affirmative vote of the majority of voters, this measure would remain in effect for an additional twenty years and would continue to be reviewed every five years by an Independent Oversight Committee. National City has undertaken several initiatives to maintain fiscal integrity. Staffing levels have been reduced; conservative spending plans have been adopted and adhered to; and economic development and redevelopment plans have been drafted with some executed and others slated for execution (the process has been slowed by the economic downturn). Throughout, the City has maintained clean audits. The current forecasted crisis emanates from political and market forces outside of the City's control, including but not limited to the State's elimination of Redevelopment Agencies. Locally, the loss of the Redevelopment Agency has resulted in the loss of approximately $7 million in tax increment revenue, and a significant slowing in revitalization efforts. The continuation of voter -approved, local revenue will provide funds that stay in National City for the benefit of National City residents, businesses and visitors. After hearing a summary of the proposed continuation measure, 75% of survey respondents support continuing the existing, voter -approved one cent sales tax. PROCEDURE REGARDING PLACING A BALLOT MEASURE ASKING VOTERS TO EXTEND THE EXISTING TRANSACTIONS AND USE TAX California Revenue and Taxation Code section 7285.9 authorizes the City Council to levy, increase, or extend a transactions and use tax (a sales tax) at a rate of 0.125 percent or a multiple thereof, as long as the ordinance is approved by two-thirds of the City Council and by a majority vote of the qualified voters of the city voting in an election on the issue. At the January 21, 2014 City Council meeting, the City Council authorized the development and drafting of a proposed ballot measure to extend the City's existing voter -approved district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services, and ensure adequate funding for parks, libraries, and other City services. At the February 18, 2014 City Council meeting, city staff presented the proposed timeline for the development and drafting of such a proposed ballot measure to be placed on the November 2014 ballot. Staff is now returning with the resolutions and ordinances placing a measure on the November 4, 2014 ballot for voter approval of a twenty year extension of the one -cent (one percent) transactions and use tax. In order to proceed, pursuant to Section 7285.9 and other applicable state law, the City Council would first enact an ordinance amending Section 4.60.170 of the Municipal Code. The ordinance would take effect immediately pursuant to Government Code section 36937, because it relates to "taxes for the usual and current expenses of the city." The Council would also adopt an ordinance ordering the submission of a proposition to the voters at the regular municipal election on November 4, 2014, to consider approval of the ordinance, and a resolution calling the election, submitting the ballot measure to the voters and approving the form of the ordinance. Those ordinances and resolutions are before the City Council for consideration of adoption. To qualify as a general tax, requiring a majority vote, the taxes must be deposited into the General Fund. These funds can be used for any service or activity paid for from the City's Page 4 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 General Fund, such as police, fire, park, and library services. There can be no commitment in advance as to how the monies will be spent, other than for general municipal services. If approved, the ordinance would continue the transactions tax at the rate of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold in the city. The ordinance would continue a use tax on the storage, use, or other consumption in the City of tangible personal property produced from any retailer at the rate of one percent of the sales price of the property. Certain transactions would continue to be exempt from the tax, such as a sale of property to be used outside the City and which is shipped to a site outside the City. The tax would continue an additional twenty years until the City Council reduces or repeals the tax based upon finding that the levy and collection of the tax is no longer necessary. The provision requiring an independent committee comprised of three experts in financial matters to convene every five years to report their recommendations to the Mayor and City Council as to whether the tax should remain in effect at the current rate, be reduced, or be terminated would remain in effect. RECOMMENDATION In order to maintain service levels and achieve fiscal viability, staff recommends that the City Council adopt the proposed ordinance, ordering the submission of a measure to extend the existing voter approved transaction and use sales tax in the amount of one cent (1%) to the qualified voters at the General Municipal Election to be held on November 4, 2014. This ballot measure will continue existing funding beyond its expiration date for an additional twenty years with no increase in tax rate to maintain the City's public safety, prevents cuts to police and fire and ensures adequate funding for parks, libraries and other vital City services. With thousands of people visiting National City every day, the existing Proposition D has ensured that out-of-towners continue to pay their fair share for police, fire, street repair and other services they use when they visit our City, while not being applied to food purchased as groceries or prescription medication. FISCAL IMPACT Continuing Proposition D at the current rate of one cent will provide approximately $10 million per year in revenue to the City of National City to continue to provide programs and services to residents, businesses and visitors which have been identified as essential or desired such as police patrols, 911 medical emergency services, fire response, gang/drug prevention programs, street and pothole repair, library services, youth and senior recreation programs. ORDINANCE NO. 2014 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO EXTEND AN EXISTING VOTER APPROVED TRANSACTIONS AND USE TAX (A SALES TAX) IN THE AMOUNT OF ONE PERCENT (1 %) TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 WHEREAS, section 7285.9 of the California Revenue and Taxation Code authorizes cities to levy, increase, or extend a transactions and use tax ("sales tax" or "sales and use tax") at a rate of 0.25% (or any multiple thereof) to be expended for general purposes, which transactions and use tax is subject to the approval by a two-thirds majority vote of all the members of the City Council and by a majority vote of the qualified voters of the City voting in an election on the issue; and WHEREAS, Article XIII C, section 2 of the California Constitution requires that a general tax must be approved by a majority vote of the qualified voters of the City voting in an election on the issue, and that said election shall be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, a majority of the voters of the City of National City approved a one cent (1%) Transactions and Use Tax which expires in September 2016; and WHEREAS, without the revenue provided by the existing voter approved local funding measure the City will cut public safety, reduce gang and drug prevention, police officer staffing at local schools, neighborhood patrols and graffiti removal and eliminate up to one-third of the City's firefighters; and WHEREAS, local funding that cannot be taken by the State ensures adequate funding for parks, libraries, and other City services; and WHEREAS, the City Manager has presented evidence that the City faces at the current expiration of the transactions and use tax a budget deficit in the magnitude of a $8 Million annual shortfall in funding City services, facilities and programs, including public safety services, facilities and programs, which will result in a substantial reduction in those services, facilities and programs unless additional sources of revenue can be found; and WHEREAS, National City has one of the highest crime rates in the County and public safety represents over 70% of the City general fund budget; and WHEREAS, the reduction of police, firefighters and paramedics will increase 9-1- 1 emergency response times; and WHEREAS, it is important to National City residents that we keep our own local police and fire departments, prevent the outsourcing of these services, and maintain local control; and WHEREAS, thousands of people visit National City every day and this local funding ensures that they pay their fair share for police, fire, street repair and other services these visitors use when they are in National City; and WHEREAS, the City Council desires to submit a ballot measure on extending the previously approved one cent (1 %) transactions and use tax to the qualified voters of the City of National City at a Regular Municipal Election to be consolidated with the Statewide General Election to be held on November 4, 2014 (the "Consolidated Election"). THE PEOPLE OF THE CITY OF NATIONAL CITY DO ORDAIN AS FOLLOWS: SECTION 1. Findings. A. At an election held on June 6, 2006, a majority of the voters of the City of National City approved a one cent (1%) Transactions and Use Tax, commonly known as "Proposition D." B. Proposition D is codified in Chapter 4.60 of Title 4 of the National City Municipal Code and has an expiration date on the tenth anniversary of the operate date thereof, unless extended by a majority of the voters of the City. C. An extension of Proposition D will be submitted to the voters to extend the expiration date of Proposition D an additional twenty years, unless repealed or reduced by a vote of the City Council. D. The City of National City has taken many steps to reduce costs and protect services. The City has reduced the overall number of police officers, firefighters, and other city employees, consolidated City departments, instituted pension reform, and obtained employee concessions. E. The City's fiscal situation has been reviewed by the Independent Oversight Committee, which was comprised of independent financial and municipal experts from the San Diego region. This Independent Oversight Committee report stated: "...the City has been able to balance the General Fund budget each year, but the deficit is structural, returning the next year because revenues are insufficient to cover expenses. Worse yet, the City's five year budget forecast show these deficits will persist through 2016. In other words, the City is not expecting to solve the structural deficit problem, although, thanks to revenue from the District Tax and actions taken to reduce General Fund expenditures, the City does expect to keep the deficit from spiraling out of control. However, when Proposition D expires in 2016 the sales tax revenue it has been contributing goes away, at which time the general fund deficit would balloon by its expected value, estimated to be $9.5 million." F. The City has taken significant steps toward long-term pension reform. All City employees pay the maximum employee contributions allowed by CaIPERS into their retirement programs. The City adopted two-tier retirement benefit structures for both safety and general members years before the state implemented its revised pension provisions. G. Employees of the City have made important contributions toward the fiscal health and stabilization of the City's finances. Employees agreed to share the costs of increases to health care, and have taken unpaid work furlough. H. The National City Public Library is open six days a week but operates only four hours a day on weekends and remains closed on Fridays. Ordering the submission of a measure to extend Ordinance No. 2014- an existing Voter approved transactions and use tax 2 June 17, 2014 J. The City has deferred maintenance in its public facilities. Facilities such as Kimball Park, El Toyon Recreation Center, and the Senior Centers are all in need of maintenance which has been deferred due to the lack of funding. The City workforce, including public safety, has been reduced approximately 14% since 2006. K. The overall reductions taken throughout the City have broadly impacted services throughout the City. The City Manager's Three -Year Operating Plan estimates that further cuts amounting to 90.56 full-time equivalent positions will be necessary absent this local revenue source of funding. Reductions in staffing is a reduction in services to the community. L. On May 14, 2013, the City Council was presented with various options regarding generating local revenues. None of the other presented options were projected to generate sufficient revenue to meet the City's operating expenses. M. An independent Community Outreach Survey was undertaken in September, 2013 polling approximately 400 likely voters. N. Without Proposition D, the City of National City will not be able to maintain existing programs and services or restore services that have been reduced or eliminated, will not be able to adequately maintain infrastructure or facilities, will not be able to add necessary resources to the Police Department, and will not be able to maintain the reduced Police Department staffing currently in place. O. On January 21, 2014, the results of the independent Community Outreach Survey were presented to the City Council. P. On January 21, 2014, the City Council was presented a Three -Year Operating Plan for Fiscal Years 2015 through 2017 which discussed the action plan to address the reduction in revenue due to the expiration of Proposition D. As part of this Three -Year Operating Plan, all departments, including Fire and Police, were directed to plan for a 24% reduction in general fund operating revenue for Fiscal Year 2017. At the conclusion of this presentation, the City Council directed the development and drafting of a proposed ballot measure to extend the previously voter approved one cent district sales tax beyond its expiration date. Q. Based on all the information presented at the June 17, 2014 meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this action does not constitute a project under CEQA and therefore review under CEQA is not required. SECTION 2. At the consolidated statewide general election to be held on November 4, 2014, there shall be submitted to the qualified voters the following measure to approve an ordinance extending the previously voter approved one cent (1 %) transactions and use tax for general purposes: Ordering the submission of a measure to extend Ordinance No. 2014- an existing Voter approved transactions and use tax 3 June 17, 2014 National City Continuation of City Services Funding Measure. To maintain National City's public safety and prevent cuts to neighborhood police patrols and officers; gang/drug prevention; 911 emergency response; fire protection and firefighters; graffiti removal; street/pothole repair; senior/youth/library program; and other City services; shall National City continue its existing voter -approved one -cent sales tax for 20 years with Citizens' Oversight, annual independent audits, all money kept in National City, with no increase in tax rate? YES NO SECTION 3. The measure shall be submitted to the voters of National City as required by Section 53720, et seq., of the California Government Code, approved by the voters of California in 1986 as Proposition 62, as required by Article XIII C of the California Constitution, approved by the voters of California in 1996 as Proposition 218, and as required by Section 7285.9 of the California Revenue and Taxation Code. SECTION 4. The proposed extension of the transactions and use tax shall remain at the rate of one cent (1%) and shall expire twenty years from September 2016 (the current expiration date), unless the City Council finds the levy and collection of the tax is no longer necessary for the City's fiscal stability and sustainability, in which case the City Council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. SECTION 5. This ordinance shall take effect immediately as an ordinance relating to an election, pursuant to California Government Code Section 36937 (a). PASSED and ADOPTED this day of , 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordering the submission of a measure to extend Ordinance No. 2014- an existing Voter approved transactions and use tax 4 June 17, 2014 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 30 ITEM TITLE: An Ordinance of the City Council of the City of National City amending Section 4.60.170 of the National City Municipal Code extending an existing Transactions and Use Tax ("Proposition D") PREPARED BY: Claudia Gacitua Silva PHONE: Ext.4222'1 EXPLANATION: DEPARTMENT: APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce ordinance.'' BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proposed ordinance. City Council Staff Report June 17, 2014 ITEM Staff Report: Submission of a ballot measure to extend for twenty years an existing voter approved Transactions and Use Tax (a sales tax) in the amount of one cent (1%) to the qualified voters of the City at the General Municipal Election BACKGROUND In November, 2006 the voters of the City of National City voted to establish dedicated local funding to provide for City services benefitting National City residents, businesses and visitors. Proposition D has maintained the City's 911 services, prevented cuts to police and fire services and ensured adequate funding for parks, libraries and other City programs. As a locally enacted measure, the sales tax created a funding stream that could not be taken by other entities such as the State of California. The law provides this locally controlled revenue stream is not applied to rent, utilities, groceries (unprepared food for human consumption) or prescription medication. National City has a vibrant daytime community with the population almost doubling that of the night time population as a result of people coming in to work in the community or simply to enjoy the City's amenities. All of these individuals are utilizing City resources as they drive on National City roads, and use the parks, library, community programs, and fire and police services. Our locally -enacted funding allows the City to cover a portion of the costs associated with meeting the needs of such visitors. The 2006 ballot measure came as the result of a fiscal crisis for the City of National City. In 2005 and 2006, the City faced structural deficits of $4 million and $6.7 million, respectively, resulting from outside economic forces including takeaways by the State. The convergence of these factors resulted in significantly decreased revenues, the direct result of which was a decrease in services to National City residents and visitors. Impacts included a reduction in library hours of operation and a reduction of personnel, including firefighters and police officers. Due to circumstances outside of its control, the City faced additional fiscal challenges, beginning in 2008 with the onset of the global recession, the recovery from which still is not complete. The recession coupled with Sacramento money grabs, created significant challenges to the City through the loss of investment income and revenue streams intended to bring projects to National City that would have increased the City's tax base. Page 2 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 In 2011, the State -mandated dissolution of redevelopment agencies eliminated millions of dollars in State funding that National City relied on for economic development, anti -blight, and other critical programs. Proposition D is scheduled to expire, in September 2016. The ability to forecast diverse revenue streams is critical to National City's long-term stability. Proposing an extension to Proposition D in 2014 helps provide financial certainty going forward, and allows the City to continue its long term planning and programming efforts. Maintaining financial stability is crucial to the future of National City. DISCUSSION With the current measure set to expire soon, in September, 2013 staff developed a Three Year Operating Plan and initiated an independent Community Opinion Survey, both of which were presented to the City Council in January, 2014. Survey results, as presented, showed that 64% of residents believe that the City is "generally headed in the right direction", with strong favorability ratings for the Fire Department at 95%, the Police Depaitinent at 88% and National City government overall at 69%. The City of National City is a full service City with its own locally controlled fire and police department as well as other programs and services desired by residents and local businesses such as neighborhood code enforcement, library, street and sewer repair and maintenance, and park and recreation programs. More than three -in -four respondents (78%) believe the City needs funding to maintain the current level of City services. Should Proposition D expire, the City will lose approximately $10 million a year. The revenue generated by Proposition D represents approximately 24% of the City's annual General Fund operating budget. The General Fund supports many programs and services including fire, police, code enforcement, and youth and senior recreation programs. At 24% of the General Fund operating budget, the loss of this revenue will create a fiscal crisis for National City. Without this dedicated revenue stream, the City is forecasted to face a 22.3% reduction in personnel. A reduction in personnel will impact programs and service delivery City-wide, including: • Fire — closing of Fire Station 31 (one of only two National City fire stations) • Police — a reduction in 44% of the City's police officers, elimination of Gang Enforcement, SWAT, Traffic and Community Services Units; elimination of the drug prevention program and school police officers; reduction in the number of neighborhood patrols Neighborhood Services — elimination of the Graffiti Removal program • Housing and Grants — elimination of the City run Senior Nutrition Program (return the program to the County to find other partners/grantees) • Library — a 23% reduction in Library hours; elimination of the Literacy Program • Community Services — closure of community centers and associated recreation and senior programs, closure of Casa de Salud and the Manuel Portillo Youth Center teen program; closure of the El Toyon Recreation Center and the Tiny Tots youth program. The proposed Proposition D continuation measure will prevent a fiscal crisis and continue a dedicated revenue stream for vital programs and services benefiting National City residents, businesses and visitors. If approved by voters, the measure would continue the current rate of Page 3 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 one cent (1 %), with no increase. With an affirmative vote of the majority of voters, this measure would remain in effect for an additional twenty years and would continue to be reviewed every five years by an Independent Oversight Committee. National City has undertaken several initiatives to maintain fiscal integrity. Staffing levels have been reduced; conservative spending plans have been adopted and adhered to; and economic development and redevelopment plans have been drafted with some executed and others slated for execution (the process has been slowed by the economic downturn). Throughout, the City has maintained clean audits. The current forecasted crisis emanates from political and market forces outside of the City's control, including but not limited to the State's elimination of Redevelopment Agencies. Locally, the loss of the Redevelopment Agency has resulted in the loss of approximately $7 million in tax increment revenue, and a significant slowing in revitalization efforts. The continuation of voter -approved, local revenue will provide funds that stay in National City for the benefit of National City residents, businesses and visitors. After hearing a summary of the proposed continuation measure, 75% of survey respondents support continuing the existing, voter -approved one cent sales tax. PROCEDURE REGARDING PLACING A BALLOT MEASURE ASKING VOTERS TO EXTEND THE EXISTING TRANSACTIONS AND USE TAX California Revenue and Taxation Code section 7285.9 authorizes the City Council to levy, increase, or extend a transactions and use tax (a sales tax) at a rate of 0.125 percent or a multiple thereof, as long as the ordinance is approved by two-thirds of the City Council and by a majority vote of the qualified voters of the city voting in an election on the issue. At the January 21, 2014 City Council meeting, the City Council authorized the development and drafting of a proposed ballot measure to extend the City's existing voter -approved district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services, and ensure adequate funding for parks, libraries, and other City services. At the February 18, 2014 City Council meeting, city staff presented the proposed timeline for the development and drafting of such a proposed ballot measure to be placed on the November 2014 ballot. Staff is now returning with the resolutions and ordinances placing a measure on the November 4, 2014 ballot for voter approval of a twenty year extension of the one -cent (one percent) transactions and use tax. In order to proceed, pursuant to Section 7285.9 and other applicable state law, the City Council would first enact an ordinance amending Section 4.60.170 of the Municipal Code. The ordinance would take effect immediately pursuant to Government Code section 36937, because it relates to "taxes for the usual and current expenses of the city." The Council would also adopt an ordinance ordering the submission of a proposition to the voters at the regular municipal election on November 4, 2014, to consider approval of the ordinance, and a resolution calling the election, submitting the ballot measure to the voters and approving the form of the ordinance. Those ordinances and resolutions are before the City Council for consideration of adoption. To qualify as a general tax, requiring a majority vote, the taxes must be deposited into the General Fund. These funds can be used for any service or activity paid for from the City's Page 4 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 General Fund, such as police, fire, park, and library services. There can be no commitment in advance as to how the monies will be spent, other than for general municipal services. If approved, the ordinance would continue the transactions tax at the rate of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold in the city. The ordinance would continue a use tax on the storage, use, or other consumption in the City of tangible personal property produced from any retailer at the rate of one percent of the sales price of the property. Certain transactions would continue to be exempt from the tax, such as a sale of property to be used outside the City and which is shipped to a site outside the City. The tax would continue an additional twenty years until the City Council reduces or repeals the tax based upon finding that the levy and collection of the tax is no longer necessary. The provision requiring an independent committee comprised of three experts in financial matters to convene every five years to report their recommendations to the Mayor and City Council as to whether the tax should remain in effect at the current rate, be reduced, or be terminated would remain in effect. RECOMMENDATION In order to maintain service levels and achieve fiscal viability, staff recommends that the City Council adopt the proposed ordinance, ordering the submission of a measure to extend the existing voter approved transaction and use sales tax in the amount of one cent (1%) to the qualified voters at the General Municipal Election to be held on November 4, 2014. This ballot measure will continue existing funding beyond its expiration date for an additional twenty years with no increase in tax rate to maintain the City's public safety, prevents cuts to police and fire and ensures adequate funding for parks, libraries and other vital City services. With thousands of people visiting National City every day, the existing Proposition D has ensured that out-of-towners continue to pay their fair share for police, fire, street repair and other services they use when they visit our City, while not being applied to food purchased as groceries or prescription medication. FISCAL IMPACT Continuing Proposition D at the current rate of one cent will provide approximately $10 million per year in revenue to the City of National City to continue to provide programs and services to residents, businesses and visitors which have been identified as essential or desired such as police patrols, 911 medical emergency services, fire response, gang/drug prevention programs, street and pothole repair, library services, youth and senior recreation programs. ORDINANCE NO. 2014 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 4.60.170 OF THE NATIONAL CITY MUNICIPAL CODE EXTENDING AN EXISTING TRANSACTIONS AND USE TAX ("PROPOSITION D") THE PEOPLE OF THE CITY OF NATIONAL CITY DO ORDAIN as follows: SECTION 1. That Section 4.60.170 of Chapter 4.60 of Title 4 of the National City Municipal Code is hereby amended to read as follows: 4.60.170 Expiration. The authority to levy the tax imposed by this chapter shall be extended twenty years from the initial expiration date of ten years from the operative date and shall expire at the conclusion of the twenty year extension, unless the city council prior to the extended expiration date determines that the levy and collection of the tax is no longer necessary, in which case the city council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. The city shall immediately notify the State Board of Equalization in writing in the event that the tax is reduced or terminated. The operative date of such rate reduction or termination shall be the first day of the first calendar quarter commencing more than one hundred ten days after the State Board of Equalization receives such notice of termination. SECTION 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall be submitted to the voters at an election to be held on November 4, 2014. Upon approval by a majority of the voters of the City voting on this ordinance, the Transactions and Use Tax set forth in City of National City Ordinance No. 2006- 2278 shall be continued an additional twenty years unless reduced or terminated by the City Council or repealed by the majority of the voters of the city. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4. Based on all the information presented at the June 17, 2014 meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this action does not constitute a project under CEQA and therefore review under CEQA is not required. SECTION 5. Effective Date. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective, if approved by a majority of the voters voting on the issue at the November 4, 2014 election, pursuant to Elections Code Section 9217, ten (10) days after the City Council declares the results of the election. The operative date of the Transactions and Use Tax set forth in the City of National City Ordinance Number 2006-2278 shall not be affected by this Ordinance. [Signature Page to Follow] Ordinance No. 2014— Page Two PASSED and ADOPTED this day of , 2014. 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: June17, 2014 AGENDA ITEM NO. 31 ITEM TITLE: Resolution of the City Council of the City of National City Approving the Report and Account for Weed Abatement (Fire) PREPARED BY: !Robert Hernandez / Fire Marshal PHONE: 036-4552 EXPLANATION: DEPARTMENT: Fire APPROVED BY: On June 17, 2014, a public hearing was held as required pursuant to Chapter 1.36.100 of the Municipal Code, wherein the City Council considered the objections and protests of the owners of parcels by interested parties. This resolution will approve the Report and Account as submitted. The approved costs of the abatements will be liens upon the respective lots or premises. The proposed resolution incorporates all the parcels subject to weed abatement liens pursuant to NCMC Section 1.36.110. A copy of this resolution shall be served on the responsible person, pursuant to the procedures set forth in the NCMC Section 1.36.040, no later than fifteen days after the date of adoption. If cost of abatement is waived by Mayor and Council, the City of National City will be responsible for all cost associated with the abatement conducted by Fire Prevention Services. FINANCIAL STATEMENT: ACCOUNT NO.1001-12124-3561 -! ENVIRONMENTAL REVIEW: NIA; ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: !/A)Finance APPROVED: MIS STAFF RECOMMENDATION: !Approve the Resolution; BOARD / COMMISSION RECOMMENDATION: IN/A! ATTACHMENTS: 1) Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REPORT AND ACCOUNT FOR WEED ABATEMENT WHEREAS, pursuant to National City Municipal Code Chapter 1.36, when the City Manager or his or her designee or the department director causes a public nuisance to be abated, the City Manager or his or her designee or the department director shall prepare a report describing the work performed and an itemized account of the total abatement costs, including the names and addresses of the responsible person for each parcel, and the tax assessor's parcel number (the "Report and Account"); and WHEREAS, the Director of Emergency Services filed with the City Clerk the Report and Account for weed abatement work done pursuant to National City Municipal Code Chapter 1.36; and WHEREAS, the City Clerk has given notice of the filing of the Report and Account and of the time for a hearing by the City Council pursuant to National City Municipal Code section 1.36.090 and, if the notice was served by posting a copy of the notice, an affidavit of posting such notice has been made and is on file in the office of the City Clerk; and WHEREAS, on June 17, 2014, the City Council held a public hearing at which the Report and Account, and all written appeals, protests, or objections, if any, were duly presented, read, and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard with respect to any matter relating to the work, to any act or determination of the Director of Emergency Services, or to any matter relating to the work or the costs or the proceedings; and WHEREAS, all persons desiring to be heard have been heard by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, in accordance with National City Municipal Code section 1.36.100, does hereby find, resolve, determine, and order as follows: 1. That public hearing has been duly held; 2. That each and every step of the proceeding prior to and including the public hearing has been duly and regularly taken; 3. That the City Council is satisfied with the Report and Account, the proceedings and all matters relating thereto, and all protests, objections, or appeals are overruled and denied; 4. That the City Council approves the Report and Account; and 5. That the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO.30 EM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Municipal Employees' Association. PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: The labor agreement between the City of National City and the National City Municipal Employees' Association (NCMEA), represented by the Service Employees' International Union is scheduled to expire on June 30, 2014. NCMEA represents the City's clerical/fiscal, engineering/planning/inspection, library/community service, police support, park maintenance and public works positions. Having met and conferred in good faith through a series of meetings, City representatives and NCMEA representatives reached a tentative two year agreement. With NCMEA's members having voted to ratify the agreement, staff recommends City Council approval. A summary of the terms is included as an attachment. FINANCIAL STATEMENT: ACCOUNT NO. Fiscal Year 2015 $ 49,735 Fiscal Year 2016 48,570 Total estimated cost for term of agreement: S 98,305 APPROVED: `1-1 , ' Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the two year labor agreement with the National City Municipal Employees' Association. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ummary of Tentative Agreement resolution Terms of the Tentative Agreement for a 2-Year Memorandum of Understanding (MOU) Between the City of National City and the National City Municipal Employees Association 1. Furloughs: Two week closure each contract year for non -essential personnel to include 40 hours of unpaid work furlough to be deducted over the 26 pay periods of each fiscal year beginning with the first full pay period in July 2014. Employees may use accrued leave balances (vacation, comp time, floating holidays) for time not covered by unpaid furlough or designated holidays. The City facilities shall close except for emergency services, including Fire, Police and other personnel deemed emergency services essential personnel. Any employee subject to the furlough that is required to work in the performance of services deemed to essential during the furlough period shall be credited with corresponding furlough leave hours. The following proposed calendar is based on the City's current 4/10 workweek. A change in the workweek schedule would result in a modification of the proposed calendar. 2014 Dec 22 accrued leave Dec 23 furlough day Dec 24 holiday (Christmas Eve) Dec 25 holiday (Christmas Day) Dec 29-31 furlough days Jan 1 holiday (New Year's Day) 2015 Dec 21 accrued leave Dec 22 & 23 furlough days Dec 24 holiday (Christmas Eve) Dec 28 & 29 furlough days Dec 30 & 31 accrued leave (Article 2) 2. Holidays: a. Fixed holidays falling on a regularly scheduled workday will be based on the employee's assigned daily work schedule. Floating holidays will be paid in eight (8) hour increments. b. In the event a fixed holiday falls on an employee's regular work day, if the employee is not required to work, such employees shall be compensated at straight time equal to the number of hours the employee would have been assigned to work. (Article 2) 3. Vacation Sell -Back: During the term of this agreement, all MEA members on a career basis meeting the eligibility criteria defined below may convert a minimum of twenty (20) hours and a maximum of eighty (80) hours of their accumulated vacation time payable not later than December of each year. The City shall attempt to process these requests prior to the Thanksgiving holiday. In order to convert accrued vacation hours: • Employees must use a minimum of 50 vacation hours during the eligibility period and have at least 80 hours "on the books" before and after the request. • Employees must submit a written request to the Human Resources Department to convert vacation hours to pay on or before November 1 of each year. • The eligibility period is defined as the first pay period in November to the last pay period in October. (Article 4) 4. Health: Effective July 1, 2014, employees covered by this MOU must retire from the City of National City and have 20 full years of pensionable service credit with the City of National City to receive $10/month for each year of pensionable service with the City as the City's contribution towards medical insurance. (Chapter 14) 5. Employee Life Insurance: The parties agree to meet and consult within a reasonable period of time before the completion of the current contract between the City and its insurance carrier that provides for Term Life Insurance with Accidental Death and Dismemberment with the purpose of increasing the death benefit amount for employees at no additional cost to the City. (Article 16) 6. PERS: Incorporation of 2013 amending the agreement to reflect the terms and conditions of a third retirement tier as legislated by the Public Employee's Pension Reform Act of 2013. (Article 18) 7. Compensation: a. Two before tax payments each equal to 2% of the employee's salary step at the time of payment. Payment shall be made in the first full pay period after the effective date of this agreement (2%); and in the first full pay period following July 1, 2015 (2%). The retention incentive shall not be reported as compensation to Ca1PERS. • MEA employees must have at least one full consecutive year of service in an MEA classification in order to be eligible. • MEA employees with less than one year of service at the effective date of this Memorandum of Understanding shall receive their 2% retention incentive in the pay period after reaching their one year anniversary. The City shall have no obligation to pay a retention incentive to any employee who does not reach his/her one year anniversary with the City. • The employee may choose to contribute part or all of the retention incentive into their 457 deferred compensation plan account or convert (all or part of) their incentive into vacation hours. • The retention incentive shall not be reported as compensation to PERS b. For Fiscal Year 2016, either party may request a reopener on the issue of salary increases only. (Article 21) 8. Uniforms: a. All Public Works employees assigned to conduct City related work in the field or custodial work in City facilities shall receive five (5) changes of shirts and pants/shorts per week. b. Nutrition Center employees represented by MEA shall receive five (5) changes of shirts and pants/shorts per week. c. Fire Inspectors will be provided with an annual allowance of $650. d. The City and MEA/SEIU agree to form a committee to discuss, evaluate, and make recommendations in good faith regarding the list of City provided safety equipment, including safety shoes/footgear, safety glasses, and any other City provided safety items. (Article 22) 9. Equipment Allowance: the parties agree to reopen negotiations on the tool allowance. The scope of negotiations will include review of the appropriate tools needed for the impacted classifications, the list of required tools, the amount of the tool allowance, and the method of reimbursement for the tool allowance. (Article 23) RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2016 WHEREAS, the labor agreement between the City of National City and the National City Municipal Employees' Association ("NCMEA") expires June 30, 2014; and WHEREAS, on March 26, 2014, City representatives and NCMEA representatives began meeting and conferring in good faith for the purpose of negotiating a new agreement; and WHEREAS, on May 22, 2014, after a series negotiating sessions, conducted pursuant to California Government Code Section 3500, et. seq., City representatives and the NCMEA reached a tentative two-year agreement; and NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Manager is hereby authorized to enter into a Memorandum of Understanding (MOU) between the City of National City and the National City Municipal Employees' Association for the period of July 1, 2014 through June 30, 2016. Said Memorandum of Understanding shall be on file in the Office of the City Clerk, and reference is made thereto for all particulars contained therein. Section 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Years 2014-2015, and 2015-2016. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. '33 ITEM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Police Officers' Association. PREPARED BY: Stacey Stevenson PHONE: 336-4308 DEPARTMENT: Human Resources APPROVED BY: EXPLANATION: The labor agreement between the City of National City and the National City Police Officers' Association (NCPOA) is scheduled to expire on June 30, 2014. Having met and conferred in good faith on the terms and conditions of a successor agreement, City representatives and NCPOA representatives reached a tentative eighteen month agreement. With NCPOA's members having voted to ratify the agreement, staff recommends City Council approval. A summary of the terms is included as an attachment. FINANCIAL STATEMENT: ACCOUNT NO. Fiscal Year 2015 $310,920 Fiscal Year 2016 (6 mos) 156,210 $467,130 APPROV APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution approving the 18 month labor agreement with the National City Police Officers' Association. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Summary of Tentative Agreement Resolution Labor Negotiations National City Police Officers' Association TENTATIVE AGREEMENT (SUBJECT TO POA RATIFICATION AND COUNCIL APPROVAL) June 4, 2014 The City proposes the following for a successor MOU: POA Article 3 — Vacation and Holiday Leave/Furlough Leave Section 8 Vacation Sell Back During the term of this agreememt, all employees (except Police Recruits) meeting the eligibility criteria defined below, may convert a minimum of 20 hours and a maximum of 80 hours of their accumulated vacation and holiday leave time to pay. The City shall attempt to process these requests prior to the Thanksgiving holiday. 1. - - —' ""' an2^" In order to convert accrued vacation hours: a. Employees must Use a minimum of 40 vacation hours during the eligibility period. b. Employees must submit a written request to the Human Reaffirms Department to convert vacation hours to pay on or before November 1 (leach year. c. The eligibility period is defined as the first pay period in November to the last pay period in October. Article 9 COMPENSATION PLAN New Section 3. For Fiscal Year 2014-2015 Effective the first full pay period, eligible employees shall receive a one-time incentive payment equal to the gross amount 11250. Payment shall be made in the first full pay period following Council approval of this MOU. a. Employees must have at least one full consecutive year of service in an POA classification in order to be eligible. b. Employees with less than one year of service on the effective date of this provision shall receive this retention incentive in the pay period after reaching their one year anniversary. The City shall have no obligation to pay a retention incentive to any employee who does not reach his/her one year anniversary with the City. c. The employee may choose to contribute part or all of the retention incentive into their 457 deferred compensation plan account or convert (all or part of) their incentive into vacation hours. d. The retention incentive shall not be reported as compensation to PERS. For Fiscal Year 2015-2016 Effective the first ful pay period in july 2015, eligible employees shall receive a one-time incentive payment equal to the gross amount $1,250. Payment shall be made in the first full pay Period in July. 2015. a. Employees must have at least one full consecutive year of service in an POA classification in order to be eligible. b. Employees with less than one Year of service on the effective date of this provision shall reoeive this retention incentive in the pay period after reaching their one year atmiveasary. The City shall have no obligation to pay a retention incentive to any employee who does not reach his/her one year anniversary with the City. c. The employee may choose to contributepart or all of the retention incentive into their 457 deferred compensation plan account or convert (all or not ofl their incentive into vacation hours. d. The retention incentive shall not be re000ted as compensation to PERS. Article 10 PAY DIFFERENTIAL Revise Section 7 Fsffective the first fall pay period following Council approval of this MOU, corporals assigned by Command Staff to work a full shift or more as an acting sergeant shall receive an additional 35% of base pay for the hours worked as an acting sergeant. This provision shall not preclude a Corporal being eligible for any greater acting pay benefit that may be provided by Department policy or a City-wide rule. in which case the greater benefit shall apply instead of but not in addition to, the benefit provided under this provision Add new Section 8. Effective the first full Day period following Council approval of this MOU. Officers. Corporals, Sergeants and Lieutenants assigned to work Swing Shift shall receive a shift differential in the amount of i . i% of their base salary. Effective the first full pay period following Council approval of this MOU, Officers, Corporals, Sergeants and Lieutenants assigned to work Graveyard shall receive a shift differential in the amount of 12% of their_base salary. Article 13 EDUCATION/POST CERTIFICATE INCENTIVE PAY All existing language in the Article remains unchanged except the following paragraph: The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to $4-,40432,000 per fiscal year and is open to all employees who meet the following criteria: Article 1S CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS Section 3 Retiree Health Benefit Employees who retired from the City of National City after July 1, 1999, and before the date Council approved this MOU, and who have at least 20 full years of service with National City Police Department shall receive $5/month for each year of service with National City Police Department as the City's contribution towards the retiree's medical insurance premium. or after the date Council approved this MOU, employees covered by this MOU must retire from the City of National City and have and wh lave at least 20 full years of pensionable service credit with Natiamal City Police Department shall -to receive $210/month for each year of service with National City Police Department as the City's contribution towards the retiree's medical inanance premium. This contrlbution shall continue until reaching age 65. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the seise annually provides the City with written proof (e.g. copy of health insurance invoice and payment) that the retiree) is using the contributions to pay for health premiums and understand that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. New Section 5. Reopener: The parties acsee to reopen negotiations during the term of the MOU to discuss physical fitness programs for all classifications, including appropriate incentives to implement such standards. The parties understand that any channes to the MOU on this subject will be done by mutual agreement. ARTILCE 21 SALARIES Section 2 Salary Increases During the term of this MOU, employees shall receive salary increases as follows: A. Effective the first full pay period in deauary-Aucrust 20124. the City will adjust the salary for all employees represented by POA by the percent necessary (if any) to move the salary of a top step National City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the 3rd and 4th ranked comparison agencies (including National City among the comparison agencies). If National City Police Officer is ranked fourth, employees shall receive the percent necessary to move the top step salary of a National City Police Officer to the mid -point between that salary and the top step salary (excluding longevity,) of the third ranked agency. If a National City Police Officer already is ranked 3rd or higher, employees shall not receive a salary decrease under this paragraph. For purposes of this subsection, adjustments will be made upon current salaries, comparing top step to top step excluding longevity, in place at the time of the pay period adjustment among the comparison agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified or approved. The agreed upon comparison agencies are (1) Oceanside; (2) Escondido (using their "Step 6" police officer pay); (3) Chula Vista; (4) Carlsbad; (5) City of San Diego; (6) National City; (7) El Cajon; (8) Coronado; (9) San Diego County Sheriff's Department; and (10) La Mesa. Article 31 TERM OF PROVISIONS This is the entire integrated agreement and it shall be effective July I, 2011 2014 through Juee December 310, 20442015, superseding all conflicting provisions of the previous MOU and past practices. RESOLUTION OF PENDING GREIVEANCE ON ARTICLE 3, SECTION 2 Effective the first pay period after Council approval of the MOU, the City will place each police officer hired laterally from another public safety department, who has already completed lode academy training. in the highest tier for vacation and holiday leave with the City baaecLoa.__., For the POA Dated:`/ For the City of National City Dated: �,-� q, ZOK/ RESOLUTION NO. 2009 — 270 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH DECEMBER 31, 2015 WHEREAS, the labor agreement between the City of National City and the National City Police Officers' Association ("NCPOA") expires on June 30, 2014; and WHEREAS, on March 11, 2014, City representatives and NCPOA representatives began meeting and conferring in good faith for the purpose of negotiating a new agreement; and WHEREAS, on June 4, 2014, after a series negotiating sessions, conducted pursuant to California Government Code Section 3500, et. seq., City representatives and the NCPOA reached a tentative eighteen month agreement; and WHEREAS, negotiations with the Police Officers' Association has resulted in an agreement for a Memorandum of Understanding for the period of July 1, 2014 through December 31, 2016. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Memorandum of Understanding between the Police Officers' Association and the City of National City for the period of July 1, 2014 through December 31, 2015. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO.34 fEM TITLE: Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2015 of $51,442,646. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finane PHONE: 619-336-4265 APPROVED BY: Lai EXPLANATION: State law requires the governing body of each local jurisdiction to establish its appropriation limit, also known as the Gann Limit, by resolution each year. The Gann Limit sets a cap on the amount of local government spending that may be financed from proceeds of taxes. The annual Gann limit is based on the previous year's appropriation limit multiplied by the percentage change in the population of the local jurisdiction's county and the percentage change in California per capita income. Based on information provided by the State Department of Finance, the following percentage changes are used in setting the Fiscal Year 2014 appropriation limit: California Per Capita Personal Income 1.01 % Change in San Diego County Population 1.23% FINANCIAL STATEMENT: ACCOUNT NO. Appropriation limit of $51,442,646 APPROVED: Larej dance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve and adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ". Gann Appropriations Limit Calculation Worksheet . Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT OF $51,442,646 FOR FISCAL YEAR 2015 WHEREAS Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the population change factors to be used in calculating the appropriations limit for Fiscal Year 2015 shall be as set forth in Attachment "1." BE IT FURTHER RESOLVED that the cost of living factors to be used in calculating the appropriations limit for Fiscal Year 2015 shall be as set forth in Attachment "1." BE IT FURTHER RESOLVED that the appropriation limit for Fiscal Year 2015 shall be $51,442,646, as set forth in Attachment "1." PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Resolution No. 2014 — June 17, 2014 City of National City Gann Appropriations Limit Fiscal Year 2015 Attachment 1 FY 2014 Gann Appropriations Limit $ 50,310,858 California Per Capita Cost of Living Change *** 1.01 % Limit Sub -Total $ 50,817,589 San Diego County Population Change *** 1 23% FY 2015 Gann Appropriations Limit $ 51,442,646 Gann Limit Recap Total City Appropriations $ 70,210,130 Less: Non -Tax Proceeds $ 32,694,034 Estimated Appropriations Subject to the Gann Limit $ 37,516,096 FY 2015 Gann Appropriations Limit $ 51,442,646 Amount of Appropriations Below the Gann Limit $ 13,926,550 Source — State of California, Department of Finance htto://www.dof. ca.gov/budgeting/ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 35 ITEM TITLE: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2015. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4265 EXPLANATION: See attached staff report. DEPARTMENT: Finance Fi APPROVED BY: Af FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: `1.4 Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: See attached staff report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Fiscal Year 2015 Proposed Budget 3. Resolution City Council Staff Report June 17, 2014 ITEM Staff Report: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2015. BACKGROUND After a series of intemal staff meetings, Neighborhood Council meetings, and City Council workshops, staff presents for adoption the Fiscal Year 2015 Proposed Budget for the City of National City. FISCAL YEAR BUDGET The City of National City is required to adopt a budget for the upcoming fiscal year on or before June 30th of the preceding fiscal year. Preparation of the City's budget is a multi -step process, occurring over several months. Budget preparation for Fiscal Year 2015 began in late January 2015 with direction to City departments to review their current year budgets, analyze forecasts for the current fiscal year, and submit budget requests. Finance staff then met with representatives from each department, again reviewing current year budgets, forecasts, and requests for Fiscal Year 2015. Direction and input from the City Council was sought through workshops occurring on April 29 and May 27, 2014. The April 29th workshop provided the Council with a summary of the Fiscal Year 2015 Preliminary Budget, highlighting the economic and operational forces driving variances between the adopted Fiscal Year 2014 appropriations and revenue estimates and preliminary Fiscal Year 2015 projections. Staff also sought input and direction from the Council regarding proposed additions to the preliminary appropriations. On May 27`h, staff presented the Fiscal Year 2015 Preliminary Budget in its entirety. Having incorporated the Council -authorized changes from both workshops, as well as adjustments, corrections, and other refinements deemed necessary staff now presents the City of National City Fiscal Year 2015 Proposed Budget for adoption. The proposed budget recommends General Fund revenues totaling $43,089,464 and expenditures and transfers out totaling $47,307,647. The proposed budget recommends total revenues and transfers in totaling $82,289,827 and expenditures and transfers out totaling $84,749,238. FINANCIAL STATEMENT The change in the fund balance of the General Fund expected as a result of projected revenues and expenditures is a decreases of $4,218,183. However, due to the atypical surplus (excess of revenues and transfers in over expenditures and transfers out) in the General Fund resulting from Fiscal Year 2013 City operations, funds are available to address one-time or infrequent capital Page 2 Staff Report: Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2015. June 17, 2014 and other needs of the City, many of which have been deferred for several years, including maintenance on City facilities, the first phase of replacement of the City's aged fleet, and funding City reserves. Without the addition of these capital expenditures, a General Fund operating surplus would be anticipated. Combining all Fiscal Year 2015 estimated City revenues and expenditures is expected to result in an overall fund balance decrease of $2,459,411, due to the impact of the aforementioned one- time or infrequent expenditures. Non -General Fund activities, as a whole, are expected to produce a surplus of $1,758,772. RECOMMENDATIONS Accept staffs recommendations, adopting the City of National City Fiscal Year 2015 Proposed Budget as presented. RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR FISCAL YEAR 2015 WHEREAS, the City Manager on May 27, 2014, submitted to the City Council a preliminary budget for the 2015 fiscal year, and said budget has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2014, with City expenditures totaling $80,741,510 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the "Total Expenditures" column of Attachment "1" shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the "Transfers" column in Attachment "2." BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the Fiscal Year 2015 Adopted Budget. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Resolution No. 2014 - June 17, 2014 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT - ALL FUNDS FISCAL YEAR 2015 Attachment 1 Fund Fund Name Propsed Personnel Maintenance Capital Capital Alloc Costs & Expenditure Services & Operatlonsl Outlay Improvements Internal Chrgs2 Total 001 GENERAL FUND DEPT DEPARTMENT NAME 401 City Council 305,320 38,805 - 117,099 461,224 402 City Clerk 213,809 79,700 - 49,267 342,776 403 City Manager 987,778 41,820 - 112,355 1,141,953 405 City Attorney 557,387 142,050 - 58,732 758,169 409 Non -Departmental 1,138,726 2,600,000 - 3,738,726 410 City Treasurer 24,521 2,110 - 15,757 42,388 411 Police 16,384,172 1,783,132 190,000 - 2,703,926 21,061,230 412 Fire 6,645,967 677,140 207,680 939,602 -. 8,470,389 416 Engineering & Public Works 851,616 572,000 891,270 2,314,886 417 Administrative Services 1,507,367 326,974 50,000 363,311 2,247,652 418 Community Development 1,378,699 193,408 34,070 - 857,880 2,464,057 419 Housing, Grants, & Asset Management 161,249 86,002 9,218 256,469 001 GENERAL FUND TOTAL 29,017,885 5,081,867 481,750 2,600,000 6,118,417 43,299,919 104 Library Fund 888,474 88,219 - 751,249 1,727,942 105 Parks Maintenance Fund 855,674 109,693 74,491 205,543 1,245,401 108 Library Capital Outlay Fund 55,500 6,000 300,000 13,937 375,437 109 Gas Taxes Fund 858,702 842,923 70,000 - 385,347 2,156,972 115 Park & Recreation Capital Outlay Fund 1,231 25,000 400,000 426,231 120 Plan Checking Revolving Fund 250,000 - 16,327 266,327 125 Sewer Service Fund 567,566 5,511,915 54,839 - 550,423 6,684,743 130 EMT-D Revolving Fund 203,114 102,794 - 305,908 166 Nutrition Fund 437,682 337,350 - 775,032 172 Trash Rate Stabilization Fund 77,213 33,231 - 17,040 127,484 201 NCJPFA Debt Service Fund - 494,425 - 494,425 212 Personnel Compensation Fund 125,000 - - 125,000 259 Library Bonds Debt Service Fund - 377,900 - - 377,900 277 National City Public Library Donations Fund 7,000 - 7,000 290 Police Department Grants Fund 263,128 _ 263,128 301 Community Development Block Grant Fund 195,172 650,544 - 18,487 864,203 307 Proposition "A" Fund 3,118 - 3,118 320 Library Grants Fund 3,000 - - 3,000 325 Development Impact Fees Fund - 230,000 7,386 237,386 502 Section 8 Fund 871,106 9,196,605 7,680 267,596 10,342,987 505 HOME Fund 167,039 518,230 - 9,218 694,487 532 Low & Moderate Income Housing Asset Fund 83,191 - - 46,092 129,283 626 Facilities Maintenance Fund 692,452 1,898,992 22,167 298,097 2,911,708 627 Liability Insurance Fund 46,824 2,683,437 - 139,789 2,870,050 629 Information Systems Maintenance Fund 401,338 1,238,000 349,000 300,000 146,433 2,434,771 643 Motor Vehicle Service Fund 425,842 838,974 326,852 1,591,668 OTHER FUNDS TOTAL 7,159,517 25,243,081 609,177 1,230,000 3,199,816 37,441,591 Total All Funds Percent Total (not including Allocated Costs & Internal Charges) Includes Refunds, Contributions. & Special Payments ' Inderect/Overhead Costs + Internal Service Charges City of National City Fiscal Year 2015 Proposed Budget 36,177,402 30,324,948 1,090,927 3,830,000 - 9,318,233 80,741,510 50.65% 42.46% 1.53% 5.36% Resolution No. 2014 - June 17, 2014 CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2015 Attachment 2 From To Purpose Transfers 001 General Fund 104 Library Fund Operating Subsidy $ (944,977) 001 General Fund 105 Parks Maintenance Fund Operating Subsidy (353,719) 001 General Fund 166 Nutrition Center Fund Operating Subsidy (371,532) 001 General Fund 212 Personnel Comp Fund Retiree Health Benefits (125,000) 001 General Fund 644 Equipment Replacement Reserve Reserves (2,212,500) Total (Net) General Fund Impact $ (4,007,728) City of Nationa� C,ty Fisca Year 2015 Pro csed Bcdgel CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 36 •ITEM TITLE: Resolution of the City Council of the City of National City calling for the holding of a General Municipal Election to be held on Tuesday, November, 4, 2014, for the election of certain officers, as required by the provisions of the laws of the State of California relating to general law Cities, and for the submission to the qualified voters a question relating to extension of the voter -approved One Cent Transactions and Use Tax (a Sales Tax); and approving the form of the Ordinance to be submitted to the voters. (City Clerk) PREPARED BY: Michael R. Dalla' DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: The proposed Resolution would call and give notice of a General Municipal Election to be held on November 4, 2014, for the purpose of electing a Mayor and two (2) members of the City Council for a full term of four (4) years and for the purpose of submission of a ballot measure to the voters relating to approval of an Ordinance extending a One Cent (1¢) Transactions and Use Tax (a Sales Tax) for City Services, Facilities and Programs. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 001-402-021-212-0000 APPROVED: Sufficient funds are available to place the measure on the ballot ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD /.COMMISSION RECOMMENDATION: ATTACHMENTS: •. Proposed Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND FOR THE SUBMISSION TO THE QUALIFIED VOTERS A QUESTION RELATING TO EXTENSION OF THE VOTER -APPROVED ONE CENT TRANSACTIONS AND USE TAX (A SALES TAX); AND APPROVING THE FORM OF THE ORDINANCE TO BE SUBMITTED TO THE VOTERS WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 4, 2014, for the election of Municipal Officers; and WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the City at the regular municipal election to be held on November 4, 2014, a question relating to extending an existing voter -approved one cent (1%) transactions and use tax (a sales tax); and WHEREAS, the City Council is authorized and directed by statute to submit the proposed measure to approve the ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of National City, California, on Tuesday, November 4, 20014, a General Municipal Election for the purpose of: electing one Mayor for a full term of four years, and electing two members of the City Council for a full term of four years each. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election, the following question: National City Continuation of City Services Funding Measure. To maintain National City's public safety and prevent cuts to neighborhood police patrols and officers; gang/drug prevention; 911 emergency response; fire protection and firefighters; graffiti removal; street/pothole repair; senior/youth/library program; and other City services; shall National City continue its existing voter -approved one -cent sales tax for 20 years with Citizens' Oversight, annual independent audits, all money kept in National City, with no increase in tax rate? YES NO Resolution No. 2014 — Page Two SECTION 3. That the proposed complete text of the Ordinance submitted to the voters extending the existing transactions and use tax is attached as Exhibit "A". SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a municipal election in the City of National City on November 4, 2014, pursuant to the Resolution, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of the Resolution and enter it into the book of original Resolutions of the City. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 37 ITEM TITLE: Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal Election to be held on November 4, 2014, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) PREPARED BY: Michael R. DallaDEPARTMENT: City Clerk PHONE: 619-336-4226', APPROVED BY: EXPLANATION: Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a Statewide Election, and to consolidate a General Municipal Election with a Statewide Election, upon the filing with the County Board of Supervisors of a Resolution of the City Council requesting the consolidation. The proposed Resolution would satisfy the requirement of Section 10403. FINANCIAL STATEMENT: ACCOUNT NO. 001-402-021-212-0000 Sufficient funds are budgeted. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED:`' f Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE WHEREAS, the City Council of the City of National City called a General Municipal Election to be held on November 4, 2014, for the purpose of the election of one Mayor for a full term of four (4) years, and two (2) members of the City Council for a full term of four (4) years each; and WHEREAS, the City Council is submitting to the voters the question relating to a twenty year extension of the one cent transactions and use tax (a sales tax); and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide general election to be held on the same date, and that within the City the precincts, polling places and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide general election on Tuesday, November 4, 2014, for the purpose of the election of one Mayor for a full term of four (4) years, and two (2) members of the City Council for a full term of four (4) years each. SECTION 2. That a measure is to appear on the ballot as follows: National City Continuation of City Services Funding Measure. To maintain National City's public safety and prevent cuts to neighborhood police patrols and officers; gang/drug prevention; 911 emergency response; fire protection and firefighters; graffiti removal; street/pothole repair; senior/youth/library program; and other City services; shall National City continue its existing voter -approved one - cent sales tax for 20 years with Citizens' Oversight, annual independent audits, all money kept in National City, with no increase in tax rate? YES NO Resolution No. 2014 — Page Two SECTION 3. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. SECTION 4. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 5. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 6. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 7. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego, and enter it into the book of original Resolutions of the City. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO.38 ITEM TITLE: Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements of qualifications submitted to the voters at an Election to be held on Tuesday, November 4, 2014. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 019-336-42261 APPROVED BY: EXPLANATION: We are required by law to adopt regulations for Candidates' Statements of Qualifications prior to each Municipal Election. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS OF QUALIFICATIONS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of National City, California on Tuesday, November 4, 2014, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 6:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. a. Pursuant to state law, the candidates' statement must be translated and printed in Spanish. b. Pursuant to the Voting Rights Act of 1965 (as amended) and the Memorandum of Agreement between the County of San Diego and the United States Department of Justice dated June 23, 2004, the City is required to translate candidates' statements into the following languages in addition to English: Spanish, Tagalog, and Vietnamese. c. The City Clerk shall have all candidates' statements translated into the language specified in (b) above. SECTION 3. PAYMENT. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro-rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro-rata basis, bill the candidate for additional actual expense or refund any excess paid depending on Resolution No. 2014 — June 17, 2014 Page 2 the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro -rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. COPY OF RESOLUTION. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nominating petitions are issued. SECTION 6. REPEAL OF PREVIOUS RESOLUTIONS. All previous resolutions establishing Council Policy on payment for candidates' statements are repealed. SECTION 7. APPLICABILITY. This Resolution shall apply only to the election to be held on November 4, 2014, and shall then be deemed repealed. SECTION 8. CERTIFICATION BY CITY CLERK. The City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original resolutions. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO.39 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the filing of written arguments relating to a measure to approve an ordinance extending a voter -approved one cent transactions and use tax (a sales tax), and directing the city attorney to prepare an impartial analysis PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: DEPARTMENT: APPROVED BY: rney Section 9280 of the California Elections Code authorizes the City Council to direct the C'Attorney to prepare an impartial analysis of the ballot measure, not to exceed 500 words in length. The impartial analysis shall show the effect of the measure on existing law and the operation of the measure. Preparation of the impartial analysis is discretionary with the City Council. Section 9282 of the Elections Code provides that the City Council, any councilmember authorized by the City Council, or any eligible voter, or an association of citizens, or a combination of voters and associations, may file a written argument for or against a measure. The written argument may not exceed 300 words in length. Up to five signatures may appear on the written argument. As with the impartial analysis, submittal of ballot arguments is discretionary with the City Council. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: "roposed resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE EXTENDING A ONE CENT TRANSACTION AND USE TAX (A SALES TAX), AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, the City Council has passed a Resolution entitled "Resolution of the City Council of the City of National City Ordering the Submission of a Measure to the Qualified Voters of the City of National City at the General Election to be held on November 4, 2014, Relating to Approval of an Ordinance Extending a One Cent Transactions and Use Tax (a Sales Tax) for City Services, Facilities and Programs"; and WHEREAS, the City Council desires that the election called under the Resolution be consolidated with any other election to occur on November 4, 2014, in the territory of the City and that said measure be included on the ballot for said election; and WHEREAS, Section 9280 of the California Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Authorization to file Written Argument. The Mayor and the City Council, or their designees, are hereby authorized to prepare and file a written argument for the proposition to be submitted at said municipal election. All written arguments for or against the proposition shall not exceed 300 words in length and shall otherwise conform to and comply with all applicable provisions of the California Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Section 2. City Attorney's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Resolution. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Resolution showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the California Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. PASSED and ADOPTED this 17th day of June, 2014. 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 IAEETING DATE: June 17, 2014 AGENDA ITEM NO. 40 ITEM TITLE: Resolution of the City Council of the City of National City adopting the Report required by Califomia Health and Safety Code Section 5473, et seq., pertaining to the collection of sewer service charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a Certification of the Sewer Service Charges with the San Diego County Auditor. PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (619) 336-4383 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: z FINANCIAL STATEMENT: ACCOUNT NO. Revenues received from sewer service 125-22222-3563 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: II APPROVED: IlfrtE Finance APPROVED: MIS charges shall be deposited into the following revenue account: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation t. Resolution Explanation: The City of National City provides sewer services to about 9,000 customers. California Health and Safety Code Section 5473, et seq. provides the authority for local agencies to have sewer service charges collected on the tax roll. A public hearing is required annually for preparation of the sewer tax rolls. Sewer service charges will be collected along with property taxes. Collecting sewer through the tax roll avoids a separate and costly billing process. This year, there is no proposed change to the sewer rate for service areas within the City of National City. The charges described in this report have been previously approved by the City Council in 2003. This is a request to adopt a resolution approving collection of sewer service charges on the tax rolls, as authorized by the Uniform Sewer Ordinance and County Water Service Ordinance. The local agency must prepare a written report each year, which should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. Said report shall be made available for public viewing and filed with the City Clerk. A public hearing shall be held to consider the report prior to adoption by the governing body. The City of National City Sewer Billing Roll for FY 2014-15, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each is available for public viewing at the office of the City Clerk. California Health and Safety Code provides that on or before August 11, 2014, the City Clerk shall file with the County Auditor a report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amount of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Pursuant to Ordinance No. 2003-2226 passed on July 8, 2003, the City Council adopted a three- year sewer service fee rate adjustment schedule commensurate with projected Regional Wastewater treatment increases and elected to have sewer service charges collected on the tax roll, as provided by California Health and Safety Code Section 5473 et seq. The City of National City sewer services fees are monthly flat rates based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The following table summarizes the three-year rate plan adopted by the City Council in 2003. It shall be noted that the City's sewer services rates have not increased since FY 2006. The costs of wastewater collection, transportation and treatment had increased dramatically in the years prior to 2003. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover those costs and costs associated with the National Pollutant Discharge Elimination System (NPDES) permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters the City's storm drain system. These rates are still applicable today barring any unforeseen changes. Therefore, there are no proposed rate increases for FY 2014-15. By approving the proposed Resolution, the City Council would adopt the report for FY 2014-15 required by California Health and Safety Code Section 5473, et seq., pertaining to the collection of sewer service charges on the tax roll, direct the City Clerk to file the report with the San Diego County Auditor, and direct the City Engineer to file a Certification of the Sewer Service Charges with the San Diego County Auditor. National City Sewer Services Rates for FY 2004, Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variables Rates (per HCF) Suspended Solids/BOD Suspended Strength Category Solids/BOD Strength Range Commercial — Low Commercial — Medium Low Residential Flat Rates (per month) Commercial — Medium Commercial — Medium High Commercial — High <200PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM 2005, and 2006 FY 2004 Monthly $22.08 $19.00 $13.50 FY2005 FY 2006 Monthly Monthly $28.08 $32.08 $23.00 $25.00 $17.50 $19.50 $2.85 $2.89 $3.03 $3.09 $3.13 $3.28 FY 2004 FY2005 FY 2006 Monthly Monthly Monthly $3.84 $3.90 $4.09 $4.60 $4.68 $4.90 $5.75 $5.86 $6.12 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ., PERTAINING TO THE COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE THE REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE CITY ENGINEER TO FILE A CERTIFICATION OF THE SEWER SERVICE CHARGES WITH THE SAN DIEGO COUNTY AUDITOR WHEREAS, pursuant to Ordinance No. 2003-2225, which added section 14.04.075 to the National City Municipal Code, the City Council elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473, et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, and the report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year (the "Report"); and WHEREAS, California Health and Safety Code Section 5473.2 requires that the City hold a public hearing where the City Council will hear and consider all objections or protests, if any, to the Report; and WHEREAS, if the City Council finds that a protest is made by the owners of a majority of separate parcels of property described in the Report, then the Report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land; and WHEREAS, upon conclusion of the public hearing, the City Council may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the Report; and WHEREAS, Califomia Health and Safety Code Section 5473.4 provides that on or before August 11 of each year, the City Clerk shall file with the San Diego County Auditor a copy of the Report with a statement endorsed on the Report over his signature that the Report has been adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED that on June 17, 2014, the City Council held a public hearing where the City Council heard and considered all objections or protests, if any, to the Report. BE IT FURTHER RESOLVED that the City Council finds that a protest has not been made by the owners of a majority of separate parcels of property described in the Report. BE IT FURTHER RESOLVED that the City Council overrules any and all objections to the Report. BE IT FURTHER RESOLVED that the City Council adopts the Report required by California Health and Safety Code Section 5473, et seq., for Fiscal Year 2014-2015 and directs the City Clerk to keep the Report on file in his office. Resolution No. 2014 — Page Two BE IT FURTHER RESOLVED that the City Council directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the City Council directs the City Engineer to file with the San Diego County Auditor a certification of the City of National City sewer service charges. PASSED and ADOPTED this 17th day of June, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO, 41 EM TITLE: Resolution of the City Council of the City of National City authorizing the City to piggyback the West Contra Costa Unified School District's RFP Contract #1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc., consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, and authorizing the Mayor to execute the following agreements and corresponding documents to establish a vehicle leasing, maintenance and management program for National City's light and medium duty vehicle fleet, estimated at 74 vehicles over a 10-year period: 1) Master Equity Lease Agreement with Enterprise FM Trust, including corresponding Amendment, Indemnity Agreement, Self -Insurance Addendum and Officer Certificate, 2) a Maintenance Agreement with Enterprise Fleet Management, Inc., including corresponding Amendment, and 3) a Service Agreement referencing the piggyback contract and establishing not to exceed amounts of $1,500,000 and $163,000 for the Lease and Maintenance Agreements, respectively. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: APPROV0-14011) Finance APPROVED: MIS Funding for FY 2015 Lease & Maintenance Program services in the amount of $197,921 will be appropriated through Council adoption of the FY 2015 CIP using the following accounts: 001-412-028-511-0000, 502-419-462-511-0000, 626-416-223-. 511-0000, 105-416-227-511-0000, 125-416-222-511-0000; remaining appropriations will occur annually through the CIP budget process, consistent with the 5-Year CIP for the City's Fleet ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreements w/ Corresponding Legal Documents 3. Supporting Documentation 4. Resolution EXPLANATION Background Objective #2 of National City's 2013-2018 Strategic Plan is to "Achieve Fiscal Sustainability". One of the key initiatives (Item 2d) proposed in the Strategic Plan to achieve this object is to "Fund replacement reserves, or create financing plans, for fleet, facilities and other City assets." This report and subsequent presentation will focus on the fleet management and financing component of this initiative. National City's fleet consists of over 200 vehicles and heavy equipment, which supports all City departments in delivering municipal services to residents, local businesses and visitors. Much of the fleet is aging and in need of replacement. For example, the average life cycle for National City vehicles is approximately 17 years, while some vehicles have been in operation since the 1980's. The City currently owns approximately 120 light and medium duty vehicles, of which approximately 25% are Police Department Patrol vehicles ("black & whites"). Light duty vehicles include sedans, vans, SUVs, and small pick-up trucks. Medium duty vehicles include % ton to 1 1/2 ton trucks. Currently, the entire fleet is City -owned and maintenance is handled by the City's Vehicle / Equipment Maintenance Division, which consists of one lead mechanic and two equipment mechanics (one of the equipment mechanic positions was recently vacated and will be filled within the next few months). Specialized and extensive maintenance and repairs, as well as "overflow" work, is primarily sent to local mechanic shops in National City. The typical vehicle holding pattern for National City is to purchase the vehicle, operate it until it is obsolete, then sell it at auction. In comparison to an industry standard of five to seven years of cost-effective life for the categories of vehicles described above, over two-thirds of National City's vehicles are below this standard. Traditionally, aging vehicles have not been replaced at the cost-effective point in their lifecycles due to limited capital resources and challenging economic times. The result has been significantly higher maintenance costs (older vehicles result in more frequent "big ticket" repairs), excessive downtime (which results in reliance on more spare vehicles and poor fleet utilization), poor fuel economy, poor service availability, decreased "curbside appeal," and increased greenhouse gas emissions. Evaluation of Light and Medium Duty Vehicle Fleet Beginning in the Fall of 2013, staff began the process of evaluating the City's fleet as it relates to management, maintenance and operations. Staff from the Vehicle / Equipment Maintenance Division were consulted to assist with the evaluation and recommendations. The following provides a summary of findings as it relates to the City's light and medium duty vehicles (based on review of 77 vehicles, excluding Police Patrol vehicles): • Average vehicle life cycle of 17 years, with some vehicles in operation since the 1980s; • Aging vehicles are not being replaced based on the industry standard of five to seven years of cost-effective life due to limited capital resources, lack of a formal fleet management and financing program, and challenging economic times; • Average monthly maintenance cost per vehicle of approximately $565, which translates to approximately $522,000 annually; Page 1 of 5 • Average annual fuel costs of approximately $200,000; • Outside support services are frequently used to supplement fleet maintenance in order to keep up with demands for service; • Public safety vehicle repairs (Police and Fire Department) require faster turnaround times, which places a strain on Vehicle / Equipment Maintenance staff; • Excessive downtime for repairs has resulted in reliance on more "spare" vehicles and inefficient fleet utilization. Staff has established the following goals based on the results of the evaluation: • Reduce maintenance and operations expenses, and enhance workforce productivity and community services through improved vehicle reliability — achieved by modernizing the fleet and moving to a five-year vehicle life cycle for replacement; • Provide safe, dependable, cost-effective and energy -efficient vehicles; • Utilize smart cash flow management to replace more vehicles with less capital; • Review current maintenance and inspection procedures to ensure environmental compliance; • Provide access to alternative fuel technology. In order to achieve these goals, staff recommends the following: • Partner with an experienced fleet management company to establish a vehicle leasing, maintenance and management program for National City's light and medium duty vehicle fleet; • Restore the Vehicle / Equipment Maintenance Division to full staffing levels — staff proposed re -instating and funding the Equipment Maintenance Supervisor position as part of the FY 2015 budget (position was previously frozen several years ago due to employee retirement). Enterprise Fleet Management Research & Analysis After reaching out to local businesses (such as the Mile of Cars) and exploring joint -use opportunities with other agencies such as the City of Chula Vista, staff has determined that Enterprise Fleet Management offers the most comprehensive services and flexible options to supplement fleet operations for light and medium duty vehicles (excluding Police Patrol vehicles). Enterprise Fleet Management will support the Citv's Vehicle / Equipment Maintenance Division by allowing staff to provide a higher level of service for the remainder of the fleet, including public safety vehicles (Police and Fire Department) and heavy duty vehicles / equipment. Independent of the light and medium duty vehicles, these components of the fleet provide a substantial amount of work to keep staff busy. On December 17, 2013, at the regularly scheduled meeting of the City Council, City staff and representatives from Enterprise Fleet Management presented an overview of services available through their leasing, maintenance and fleet management programs. The presentation also included the results of a comprehensive fleet planning analysis for the City's light and medium duty vehicles (excluding Police Patrol vehicles), which compared the City's current fleet management program and expenses to establishing a 60-month lease and maintenance Page 2 of 5 program through Enterprise Fleet Management for replacing and modernizing the fleet over a 10-year period. After discussion on the presentation, Council directed staff to return to Council with additional details on Enterprise Fleet Management's leasing, maintenance and fleet management programs, provide a revised analysis after revisiting the fleet replacement schedule, and explore other opportunities for management and financing of the fleet. Based on direction from Council, staff spent the past five months working with staff from all departments that utilize the City's light and medium duty vehicles to finalize the five-year replacement schedule. Staff then had Enterprise Fleet Management perform a new fleet planning analysis, which indicates an estimated 10-year savings of over $2.6 million. See attached "Fleet Planning Analysis" summary table and chart. Staff also assessed the option of purchasing new vehicles. While monthly payments and financing are comparable to leasing, vehicle purchases typically require a larger downpayment, and will require a significant investment in staff time to manage these assets. In addition, extended maintenance programs are not typically offered by dealerships, and sending vehicles to local mechanics tends to be more expensive than servicing vehicles in-house. Therefore, City staff will have added pressure to regularly maintain these vehicles in order to ensure proper re- sale values. Staff also reviewed similar leasing, maintenance and fleet management contracts with other public agencies that resulted from competitive bidding processes. The results of staff's research indicates that Enterprise Fleet Management, as compared to other companies that competed for the contracts, offers a more comprehensive scope of services with flexible options, more cost- effective pricing and programs, and extensive experience and qualifications in fleet management. See attached "Summary of Services" and "Contracts and Awards" for Enterprise Fleet Management. Contract and Scope of Services Per Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, the City has an opportunity to piggyback the West Contra Costa Unified School District's RFP Contract #1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc. to establish a vehicle leasing, maintenance and management program for National City's light and medium duty vehicle fleet, estimated at 74 vehicles over a 10-year period. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. Staff has confirmed that the West Contra Costa Unified School District's RFP Contract #1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc. was competitively bid through a Request for Proposals (RFP) process, and that the West Contra Page 3 of 5 Costa Unified School District's procurement procedures are in substantial compliance with those of National City. The Open-ended, Equity Lease Program allows the City to move to a more efficient fleet profile and stay on a life -cycle plan, within the constraints of the City's limited capital budget. This structure provides leasing leverage with all rights of ownership, including flexible funding options and a strong resale market that can increase the City's equity. Under this program, the City would retain ability to select the vehicles and features that allow staff to do their jobs most effectively. Enterprise Fleet Management will also help coordinate any aftermarket equipment needed, and deliver the vehicles "turnkey" to the City. The attached letter from Enterprise Fleet Management summarizes the End of Lease Term Options as follows: • Pay the reduced book value and take full ownership of the vehicle; • Roll the equity over into a new lease; • Have Enterprise Fleet Management sell the vehicle and give the City the difference between the selling price and Reduced Book Value (RBV). The Full Maintenance Program includes a fixed monthly cost guaranteed for the term of the lease. This covers all routine, preventative, unscheduled, and common repairs such as oil changes, starter, alternator, engines, and transmission issues, etc. By having a fixed cost, the City will no longer be responsible for the unexpected maintenance costs associated with using other service providers (as is the present case when "overflow" work is sent to local mechanics shops). With the steady flow of newer vehicles, the City's fleet age would come down from seventeen years to five years, based on the replacement schedule, which is in line with industry standards. The true savings is having a fixed price maintenance contract. With a fixed price contract, Enterprise has a tremendous incentive to contain costs. They do this through two means. First, Enterprise maintains a large network of automotive repair providers with whom they have contractual relationships at steep discounts at the national level involving hundreds of millions of dollars. Second, Enterprise constantly monitors the maintenance costs of the vehicles and their conditions, suggesting changes to contain costs. Certified local mechanics shops in National City may be used to provide regularly scheduled maintenance, while the fixed price via the maintenance contract is passed through to the City. See attached list of local mechanics shops. Utilizing the Full Maintenance Program will have no adverse impact to Vehicle / Equipment Maintenance Division staffing levels. The Program will allow staff to provide a higher level of service for the remainder of the fleet, including public safety vehicles (Police and Fire Department) and heavy duty vehicles / equipment. Furthermore, if a need for more work arises, the Full Maintenance Program allows the City to remove vehicles from the Program and direct maintenance activities back to City staff. Page 4 of 5 In summary, the vehicle leasing, maintenance and management programs offered by Enterprise Fleet Management are intended to assist City staff in improving service levels, modernizing the fleet, and more efficiently and effectively managing resources. Staff Recommendation Staff recommends adopting the Resolution authorizing the City to piggyback the West Contra Costa Unified School District's RFP Contract #1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc., consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, and authorizing the Mayor to execute the following agreements and corresponding documents to establish a vehicle leasing, maintenance and management program for National City's light and medium duty vehicle fleet, estimated at 74 vehicles over a 10-year period: 1) Master Equity Lease Agreement with Enterprise FM Trust, including corresponding Amendment, Indemnity Agreement, Self -Insurance Addendum and Officer Certificate, 2) a Maintenance Agreement with Enterprise Fleet Management, Inc., including corresponding Amendment, and 3) a Service Agreement referencing the piggyback contract and establishing not to exceed amounts of $1,500,000 and $163,000 for the Lease and Maintenance Agreements, respectively. Page 5 of 5 MASTER EQUITY LEASE AGREEMENT This Master Equity Lease Agreement is entered into this _ day of June, 2014, by and between Enterprise FM Trust, a Delaware statutory trust (Lessor), and the lessee whose name and address is set forth on the signature page below ("Lessee"). 1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the "Vehicles") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor. 2. TERM: The term of this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless terminated earlier in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule. 3. RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the 'Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro -rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation Reserve" on the applicable Schedule, wit be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be payable by Lessee to Lessor on the termination date. (c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of thi Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provide' below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is les. than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty- eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The "Book Value" of a Vehicle means the sum of (i) the "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. (e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the "Default Rate"). (f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to yeti such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return a Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice 1 normal pro -rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same. 6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor -owned vehicle. 7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state. 8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement. (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s). 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEES PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE. (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," "WITH ALL FAULTS." All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle. 11. INSURANCE: (a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability: (i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No -Fault Protection where required by law) for the limits listed below (Note - $5,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of transporting more than 8 passengers): State of Vehicle Registration Coverage Connecticut, Massachusetts, Maine, New Hampshire, New $1,000,000 Combined Single Limit Bodily Injury and Property Jersey, New York, Pennsylvania, Rhode Island, and Vermont Damage - No Deductible Florida $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible (ii) Physical Damage Insurance (Collision 8, Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per occurrence - Collision and $250 per occurrence - Comprehensive). If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no ai default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successoi assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is "prir coverage" for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney -in -fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee wit not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice. 12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and thei respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors o assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law. 13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request. 14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term "guarantor" shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement. Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, ai other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable la all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor,,. any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. 15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason. Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several. 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles). 18. NON -PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement. 19. NON -APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future goveming bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written. LESSEE: City of National City LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc., its attorney in fact By: Ron Morrison Title: Mayor By: Title: Address: Address: Date Signed: Date Signed LESSEE: City of National City LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc., its attorney in fact Approved To Form: Claudia G. Silva Title: City Attorney Address: By: Title: Address: Date Signed: Date Signed AMENDMENT TO MASTER EQUITY LEASE AGREEMENT THIS AMENDMENT ("Amendment") dated this the MASTER EQUITY LEASE AGREEMENT entered into between Enterprise FM Trust, a Delaware statutory trust Amendment is made for good and valuable consideration parties. day of June, 2014 is attached to, and made a part of, on the day of June, 2014 ("Agreement") by and ("Lessor") and City of National City ("Lessee"). This , the receipt of which is hereby acknowledged by the Section 3(c) of the Master Equity Lease Agreement is amended to add the following additional paragraph: Upon completion of Lessee's financial obligations to their lease(s), Lessee may have the option to take ownership of their vehicle. This option may be exercised by the payment of the Reduced Book Value to the Lessor as defined in Section 3 of the Master Lease Agreement (which includes any rents and accounts receivable due). Given agreed - upon depreciation rates, Lessor does not intend for this to be a bargain purchase option. Section 3(g) of the Master Equity Lease Agreement is amended to add the following additional paragraph: In the event Lessee notifies Lessor of any claim or dispute under this Agreement, and/or any claim involving the Vehicle, Lessor will, in good faith, attempt to resolve the Lessee's claims in a manner satisfactory to all parties and Lessor will provide commercially reasonable assistance to Lessee in any communications and/or negotiations with the Vehicle's manufacturer with respect to claims relating to such Vehicle. Section 4 of the Master Equity Lease Agreement is amended to read as follows: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro -rated daily rent until such Vehicle is returned. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. Section 17 of the Master Equity Lease Agreement is amended to read as follows: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles). Section 19 of the Master Equity Lease Agreement is amended to read as follows: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the City of National City Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the City of National City to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the City of National City fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day of June, 2014. City of National City (Lessee) Enterprise FM Trust (Lessor) By Enterprise Fleet Management, Inc., its attorney in (act By. Ron Morrison By Title. Mayor Title: City of National City (Lessee) Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney in fact Approved To Form Claudia G. Silva By Title: City Attorney Title: INDEMNITY AGREEMENT This Agreement is entered into as of the _ day of June, 2014, by and between Enterprise Fleet Management, Inc., (EFM), a Missouri corporation, and City of National City. WITNESSETH: INDEMNITY: Enterprise Fleet Management, Inc. ("EFM") agrees to defend and indemnify the City of National City, it's agents, employees and officers from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which the City of National City, it's agents, employees and officers may incur by reason of EFM's breach or violation of, or failure to observe or perform, any of its obligations as Servicer (EFM in such capacity, "Servicer") for Enterprise FM Trust in connection with the Master Equity Lease Agreement between City of National City and Enterprise FM Trust dated as of the date hereof, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle, in each case, while the Vehicle was in possession of the Servicer. Capitalized terms used herein and not defined herein shall have the meanings given in the Lease. IN WITNESS WHEREOF, EFM and City of National City have executed this Indemnity Agreement as of the day and year first above written. Company: City of National City EFM• ENTERPRISE FLEET MANAGEMENT INC. By: Ron Morrison By: Title: Mayor Title: Address: Address: Company City of National City EFM: ENTERPRISE FLEET MANAGEMENT INC. Approved To Form: Claudia G. Silva Title: City Attorney By: Title: Address: Address: SELF -INSURANCE ADDENDUM TO MASTER EQUITY LEASE AGREEMENT (Physical Damage and Liability) This Addendum is made to the Master Equity Lease Agreement dated the day of June, 2014, as amended (the "Agreement"). by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name is set forth on the signature line helow ("Lessee"). This Addendum is attached to and made a part of the Agreement (including each Schedule to the Agreement). .All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement. Notwithstanding the provisions of Section 1 I of the Agreement, Lessee shall be permitted to assume and self -insure the risks set forth in Section 1 I of the Agreement and shall not be required to purchase or maintain any insurance policy of any kind with respect to any Vehicle; provided however that if any Federal, state, local or other law, statute, rule, regulation or ordinance requires Lessee to maintain any amount of insurance with respect to any Vehicle, Lessee shall purchase and maintain such amount of Insurance in the fonm of an insurance policy which complies in all respects, other than the amount of insurance required, with Section 11 of the Agreement. Notwithstanding the foregoing if (I) Lessor, at any time in its good faith judgment, is not satisfied with the condition, nruspeeis or pertonnances_ financial or otherwise, of Lessee or (2) any default or event of default occurs under the Agreement. than Lessor may. at as option_ revoke this Addendum and terminate Lessee's right to self -insure by providing Lessee with at least thirty (30) days prior written notice thereof. Lpon the termination of Lessee's right to self -insure, Lessee shall comply in all respects with Section 11 of the Agreement. Except as amended hereby, all the terms and provisions of the Agreement shall remain in full force and effect. In the event of any conflict between this Addendum and the Agreement or any of the Schedules, the terms and provisions of this Addendum will govern and control. LESSEE: City of National City LESSOR: Enterprise FM Trust By. Enterprise Fleet Management, Inc., its attorney in fact Hs Ron Morrison gy. rifle Mayor Title: Date Signed , Date Signed LESSEE. City of National City Approved -I o Form: Title. Date Signed: Claudia G. Silva City Attorney LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc., its attorney in fact By Title: Date Signed OFFICER CERTIFICATE The undersigned hereby certifies (i) that he is the duly appointed Mayor for The City of National City (the "Company"), (ii) that he is authorized by the Company to execute and deliver on behalf of the Company to Enterprise FM Trust, a Delaware statutory trust ("Lessor") the Master Equity Lease Agreement dated June, 2014 between Enterprise and the Company (the "Lease"), and (iii) that the following individuals are authorized and empowered on behalf of and in the name of the Company to execute and deliver to Enterprise Schedules to the Lease for individual motor vehicles to be leased pursuant to the Lease, together with any other necessary documents in connection with those Schedules: Name Title Signature Leslie Deese City Manager Date: Ron Morrison Mayor of City of National City MAINTENANCE AGREEMENT This Maintenance Agreement (this "Agreement") is made and entered into this _ day of June, 2014, by Enterprise Fleet Management. Inc.. a Missouri corporation ("EFM"), and City of National City ("Lessee"). WITNESSETH 1. LEASE. Reference is hereby made to that certain Master Equity Lease Agreement dated as of the day of June, 2014, by and between Enterprise FM Trust, a Delaware statutory trust, as lessor ("Lessor'), and Lessee, as lessee (as the same may from time to time be amended, modified, extended, renewed, supplemented or restated, the "Lease"). All capitalized terms used and not otherwise defined in this Agreement shall have the respective meanings ascribed to them in the Lease. 2. COVERED VEHICLES. This Agreement shall only apply to those vehicles leased by Lessor to Lessee pursuant to the Lease to the extent Section 4 of the Schedule for such vehicles includes a charge for maintenance (the "Covered Vehicle(s)"). 3. TERM AND TERMINATION. The term of this Agreement ("Term") for each Covered Vehicle shall begin on the Delivery Date of such Covered Vehicle and shall continue until the last day of the "Term" (as defined in the Lease) for such Covered Vehicle unless earlier terminated as set forth below. Each of EFM and Lessee shall each have the right to terminate this Agreement effective as of the last day of any calendar month with respect to any or all of the Covered Vehicles upon not less than sixty (60) days prior written notice to the other party. The termination of this Agreement with respect to any or all of the Covered Vehicles shall not affect any rights or obligations under this Agreement which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to termination, and such rights and obligations shall continue to be governed by the terms of this Agreement. 4. VEHICLE REPAIRS AND SERVICE. EFM agrees that, during the Term for the applicable Covered Vehicle and subject to the terms and conditions of this Agreement, it will pay for, or reimburse Lessee for its payment of, all costs and expenses incurred in connection with the maintenance or repair of a Covered Vehicle This Agreement does not cover, and Lessee will remain responsible for and pay for, (a) fuel, (b) oil and other fluids between changes, (c) tire repair and replacement, (d) washing, (e) repair of damage due to lack of maintenance by Lessee between scheduled services (including, without limitation, failure to maintain fluid levels), (f) maintenance or repair of any alterations to a Covered Vehicle or of any after -market components (this Agreement covers maintenance and repair only of the Covered Vehicles themselves and any factory -installed components and does not cover maintenance or repair of chassis alterations, add -on bodies (including, without limitation, step vans) or other equipment (including, without limitation, lift gates and PTO controls) which is installed or modified by a dealer, body shop, upfitter or anyone else other than the manufacturer of the Covered Vehicle, (g) any service and/or damage resulting from, related to or arising out of an accident, a collision, theft, fire, freezing, vandalism, riot, explosion other Acts of God, an object striking the Covered Vehicle, improper use of the Covered Vehicle (including, without limitation, driving over curbs, overloading, racing or other competition) or Lessee's failure to maintain the Covered Vehicle as required by the Lease, (h) roadside assistance or towing for vehicle maintenance purposes, (i) mobile services, (j) the cost of loaner or rental vehicles or (k) if the Covered Vehicle is a truck, (i) manual transmission clutch adjustment or replacement, (ii) brake adjustment or replacement or (iii) front axle alignment. Whenever it is necessary to have a Covered Vehicle serviced, Lessee agrees to have the necessary work performed by an authorized dealer of such Covered Vehicle or by a service facility acceptable to EFM. In every case, if the cost of such service will exceed $50.00, Lessee must notify EFM and obtain EFM's authorization for such service and EFM's instructions as to where such service shall be made and the extent of service to be obtained. Lessee agrees to furnish an invoice for all service to a Covered Vehicle, accompanied by a copy of the shop or service order (odometer mileage must be shown on each shop or service order). EFM will not be obligated to pay for any unauthorized charges or those exceeding $50,00 for one service on any Covered Vehicle unless Lessee has complied with the above terms and conditions. EFM will not have any responsibility to pay for any services in excess of the services recommended by the manufacturer, unless otherwise agreed to by EFM. Notwithstanding any other provision of this Agreement to the contrary, (a) all service performed within one hundred twenty (120) days prior to the last day of the scheduled "Term" (as defined in the Lease) for the applicable Covered Vehicle must be authorized by and have the prior consent and approval of EFM and any service not so authorized will be the responsibility of and be paid for by Lessee and (b) EFM is not required to provide or pay for any service to any Covered Vehicle after 100,000 miles. 5. ENTERPRISE CARDS: EFM may, at its option, provide Lessee with an authorization card (the "EFM Card") for use in authorizing the payment of charges incurred in connection with the maintenance of the Covered Vehicles. Lessee agrees to be liable to EFM for, and upon receipt of a monthly or other statement from EFM, Lessee agrees to promptly pay to EFM, all charges made by or for the account of Lessee with the EFM Card (other than any charges which are the responsibility of EFM under the terms of this Agreement). EFM reserves the right to change the terms and conditions for the use of the EFM Card at any time. The EFM Card remains the property of EFM and EFM may revoke Lessee's right to possess or use the EFM Card at any time. Upon the termination of this Agreement or upon the demand of EFM, Lessee must return the EFM Card to EFM. The EFM Card is non- transferable. 6. PAYMENT TERMS. The amount of the monthly maintenance fee will be listed on the applicable Schedule and will be due and payable in advance on the first day of each month. If the first day of the Term for a Covered Vehicle is other than the first day of a calendar month, Lessee will pay EFM, on the first day of the Term for such Covered Vehicle, a pro -rated maintenance fee for the number of days that the Delivery Date precedes the first monthly maintenance fee payment date. Any monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within twenty (20) days after its due date will accrue interest, payable upon demand of EFM, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate allowed by applicable law. The monthly maintenance fee set forth on each applicable Schedule allows the number of miles per month as set forth in such Schedule. Lessee agrees to pay EFM at the end of the applicable Term (whether by reason of termination of this Agreement or otherwise) an overmileage maintenance fee for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. EFM may, at its option, permit Lessor, as an agent for EFM, to bill and collect amounts due to EFM under this Agreement from Lessee on behalf of EFM. 7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but rather EFM arranges for maintenance and/or repair services on the Covered Vehicles to be performed by third parties. EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITH RESPECT TO ANY PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY. PERFORMANCE OR QUALITY. ANY DEFECT IN THE PERFORMANCE OF ANY PRODUCT, REPAIR OR SERVICE WILL NOT RELIEVE LESSEE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER CHARGES DUE UNDER THIS AGREEMENT. 8. LESSOR NOT A PARTY. Lessor is not a party to, and shall have no rights, obligations or duties under or in respect of, this Agreement. 9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person or sent by facsimile, recognized overnight courier or registered or certified mail, return receipt requested and postage prepaid, to the applicable party at its address or facsimile number set forth on the signature page of this Agreement, or at such other address or facsimile number as any party hereto may designate as its address or facsimile number for communications under this Agreement by notice so given. Such notices shall be deemed effective on the day on which delivered or sent if delivered in person or sent by facsimile, on the first (1st) business day after the day on which sent, if sent by recognized overnight courier or on the third (3rd) business day after the day on which mailed, if sent by registered or certified mail. 10. MISCELLANEOUS. This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Missouri (without reference to conflict of law principles). IN WITNESS WHEREOF, EFM and Lessee have executed this Maintenance Agreement as of the day and year first above written. LESSEE: City of National City EFM: Enterprise Fleet Management, Inc. By: Ron Morrison Title: Mayor By: Title: Address: Address. Date Signed: Date Signed LESSEE: City of National City EFM: Enterprise Fleet Management, Inc. Approved To Form'. Claudia G. Silva Title: City Attorney Address: By: Title: Address: Date Signed Date Signed AMENDMENT TO MAINTENANCE AGREEMENT THIS AMENDMENT ("Amendment") dated this the MAINTENANCE AGREEMENT entered into on the Enterprise Fleet Management Inc., a Missouri corporation Amendment is made for good and valuable consideration, parties. day of June, 2014 is attached to, and made a part of, day of June, 2014 ("Agreement") by and between ("EFM") and City of National City ("Lessee"). This the receipt of which is hereby acknowledged by the Section 10 of the Maintenance Agreement is amended to read as follows: This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California (without reference to conflict of law principles). All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Maintenance Agreement as of the day of June, 2014. City of National City (Lessee) ENTERPRISE FLEET MANAGEMENT, INC. By: Ron Morrison By Title: Mayor Title: City of National City (Lessee) ENTERPRISE FLEET MANAGEMENT, INC. Approved To Form: Claudia G. Silva By Title: City Attorney Title: SERVICE AGREEMENT This Agreement is entered into as of the day of June, 2014, by and between Enterprise Fleet Management, Inc., (EFM), a Missouri corporation, and City of National City. Enterprise Fleet Management, Inc. is the "Servicer" as denoted by the MASTER EQUITY LEASE AGREEMENT that is by and between Enterprise FM Trust, a Delaware statutory trust and Citv of National City. WHEREAS, the parties wish to enter into this piggyback option Agreement from West Contra Costa Unified School District RFP number 1112-03, for the purpose of specifying the term and constituent documents of the agreement between the City of National City and EFM regarding the Services; WITNESSETH: Scope of Service: This Agreement shall be effective upon execution by both parties to acknowledge the lease rental amount under this piggyback option Agreement is not to exceed the amount of $1,500,000. Additionally the maintenance fee under the Maintenance Agreement is not to exceed Amount of $163,000. Lease and Maintenance amounts are referenced in the Lease Schedules. IN WITNESS WHEREOF, EFM and the City of National City have executed this Service Agreement as of the day and year first above written. City of National City (Lessee) ENTERPRISE FLEET MANAGEMENT, INC. By: Ron Morrison By Title: Mayor Title: City of National City (Lessee) ENTERPRISE FLEET MANAGEMENT, INC. Approved To Form: Claudia G. Silva By Title. City Attorney Title: enterprise Fleet Management Division 6330 Manndustry Drive San Diego. CA 92121 8SB-S46-8200 May 8,2014 Jennifer S. Knight City of National City 1243 National City Boulevard National City, CA 91950-4301 Dear Jennifer: Thank you very much for considering Enterprise Fleet Management to be your new partner to assist with the management of your fleet. Per your request, I wanted to ease your concerns with regards to your options at the end of the lease term. The following options will be available to you at the end of your lease terms: 1. Pay the reduced book value and take full ownership of the vehicle 2. Roll the equity over into a new lease 3. Have Enterprise sell the vehicle and give the City the difference between the selling price and the Reduced Book Value (RBV). I hope this addresses any concerns you may have had. If there is any additional information you need, please do not hesitate to contact me. On behalf of our entire team, we are all excited to be partnered with the City of National City. West Contra Costa Unified School District 1108 Bissell Avenue Richmond, California 94801-3135 (510)231-1190 ❑ Fax (510)236-0464 Bruce Harter, Ph. D. Superintendent of Schools Sheri C,aniba David Johnston Associate Slp riruenderu, Business Services Director. General Services July 16, 2013 Mark D. Wing Sr. Account Manager 2950 Merced St., Ste. 100 San Leandro, CA 94577 Rh, Extension of Award of Contract RFP # 1112-03 Vehicle Fleet Management Services Dear Mr. Wing, West Contra Costa Unified School District is pleased to inform you that it will be extending the Contract RFP # 1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management for an additional 3 years through 7/16/2016. Other municipalities and agencies, who are interested in purchasing using this awarded contract, may do so. The municipalities and agencies utilizing this contract as a "piggyback" will place orders with, and make payments directly to Enterprise Fleet Management. We look forward to working with you. Please contact me if you have any questions. Sincerely, 11 David Johnston Director, General Services Cc: Luis Freese, Executive Director, Maintenance and Operations National City Updated 5/2014 with Aftermarket - Fleet Planning Analysis fleet management Current Fleet Current Cycle Current Maint. Fuel Info 77 17.00 $565.33 Fleet Growth Annual Miles Insurance MPG -0.89% 7,000 $0.00 Proposed Fleet Proposed Cycle Proposed Maint. 74 5.00 $31.50 10 Price/Gallon $4.00 10 yr Savings $2,644,813 Long Term Avg. Savings $311,6621yr Fleet Mix Fleet Cost VV.J/O Annual Fiscal Year Fleet Size Annual Needs Owned Leased Purchase Lease' Maintenance Insurance Fuel Fleet Budget Savings Current '14 '15 '16 '17 '18 '19 '20 '21 '22 '23 77 4.5 77 0 76 21 55 21 76 17 38 38 75 13 24 51 74 11 12 62 74 12 0 74 74 21 0 74 74 17 0 74 74 13 0 74 74 11 0 74 74 12 0 74 Incl. Tax 123,852 0 522,365 0 207,200 0 115,179 380,540 0 195,749 0 217,284 271,741 0 186,480 0 294,100 181,249 0 179,021 0 358,362 104,436 0 172,480 0 330,229 27,971 0 165,760 0 332,424 27,971 0 165,760 0 358,310 27,971 0 165,760 0 372,768 27,971 0 165,760 0 346,383 27,971 0 165,760 0 330,229 27,971 0 165,760 853,417 691,468 675,505 654,370 635,278 523,960 526,155 552,041 566,500 540,114 523,960 0 161,949 177,912 199,046 218,139 329,456 327,262 301,375 286,917 313,302 329,456 900,000 800,000 700,000 600,000 50(i000 rn 44000 10 Year Budget Forecast Fiscal Year ram+ -+Purchase 11141= Lease' =Maintenance =II Insurance C=I Fuel ®Fleet Budget......Current Cost * Lease Rates are conservative estimates Enterprise Fleet Management 5/15/2014 Confidential fleet management] City of National City Update 5/2014 Facet Profile. Vehicle Type # of Type Average Age (years) Average Annual Mileage Compact Pickup Reg 4x2 112 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2 1 Ton Pickup Reg 4x2 Minivan -Passenger Compact Wagon 1/2 Ton Van Cargo Hybrid Sedan Mid -size Sedan Full-size Sedan Compact SUV 4x2 Mid Size SUV 4x2 Full Size SUV4x2 3/4 Ton Cab Chassis 1 Ton Cab Chassis 1 1/2 Ton Cab Chassis 14 14.0 _ 3,600 11 13.8 4,800 4 13.7 - 3,700 0 2 16.9 6,600 1 11.5 1,600 5 22.8 1,700 3 4.1 1,300 4 7.8 12,200 14 10.4 9,000 1 2.6 7,500 3 6.8 6,300 5 8.9 7,600 1 24.8 1,200 1 I 16.5 3,600 8 14.5 ! 6,700 Totals/Averages 77 12.7 5,500 Replacement Criteria: • Fiscal Year 2014 = Model Year 1999 and older, or odometer over 150,000 * Fiscal Year 2015 = Model Year 2002 and older, or odometer over 144,500 • Fiscal Year 2016 = Model Year 2005 and older, or odometer over 139,000 * Fiscal Year 2017 = Model Year 2008 and older, or odometer over 133,500 Fiscal Year 2018 = Remaining Vehicles ' Underutilized = Annual Mileage less than 1,000 Enterprise Fleet Management Confidentlel Fleet S.:hcduie 5/752014 ENTERPRISE FLEET MANAGEMENT SUMMARY OF SERVICES • Nationally, Enterprise Fleet Management has over 275,000+ vehicles on lease with an additional 50,000 under management. When combined with our sister division, Enterprise Rent-A-Car, that number exceeds 1,400,000. Our volume makes us one of the largest purchasers of vehicles in the country. The City of National City can piggyback off of Enterprise's economies of scale for vehicle acquisition. • As an independent, privately -owned company, Enterprise is not tied to any one manufacturer. We partner with both domestic and foreign manufacturers, and can acquire any make or model. • Enterprise is your complete transportation services specialist. With divisions in Fleet Management, Rent-A-Car, Commercial Truck Rental, Rideshare, and Car Sales, Enterprise can service all your transportation needs under one company. For example, Enterprise can set up a corporate rent -a -car program for the City's employees for business use. • Enterprise provides our customers with fleet management services that address all fleet holding costs —from acquisition to disposal, including maintenance, fuel, insurance, registration and reporting. What this means is that the City will receive constant evaluation of your holding costs to assure minimal operating expenses. • The City will have a dedicated, local Account Team to proactively manage and develop your fleet while delivering the highest level of customer service to facilitate your day-to-day needs. The benefit is a specialized team to focus on the fleet needs of the City, so that the City can concentrate on City functions. • Vehicle delivery is included in our program. Enterprise will also coordinate any aftermarket up - fitting with service bodies, signage, light bars, radios, shelving, etc. prior to delivery. By using Enterprise personnel to drive the vehicles to and from aftermarket vendors and dealers, the City will save on staff time • Enterprise will handle all licensing and registration of vehicles leased to the City with exempt license plates at no additional cost. • Enterprise will provide monthly management reports consisting of a single invoice of all charges -- lease, maintenance, and insurance. These reports may also be viewed on-line for immediate access. Having a comprehensive report on hand will allow the City to access any fleet information readily, which is a huge benefit in terms of tracking and monitoring the fleet to make cost effective decisions. • Enterprise's Full Maintenance program will handle all factory -recommended preventive maintenance services as per the schedule prescribed by the original equipment manufacturer (oil changes, tune-ups, etc.) as well as all incidentals and parts required for preventative maintenance (fluids, belts, hoses, etc.), including wheel alignments; and all unscheduled and common repairs (engines, transmissions, battery, etc). The cost of the program is fixed, budgeted, and inflation proof, which can significantly reduce overall maintenance expenses. It also includes 24 hours a day/7 days a week emergency roadside assistance —reducing administrative effort and downtime. The two main benefits is that it is a fixed cost, which means the City can budget for the maintenance expense every year; and by using local shops to repair the vehicles, the tax revenues will be kept within the City's local economy. • Enterprise offers Liability and Physical Damage Coverage to assist with subrogation of accident related repairs. The benefit to the City is the gap coverage available as well as convenience of using our network of auto body repair facilities. • Enterprise can handle the complete disposal transaction, including picking up the vehicle and disposing of it through our multiple channels. The City can obtain advice and assistance from Enterprise on vehicle and equipment selection resulting in better resale and lower per -mile cost. ENTERPRISE FLEET MANAGEMENT CONTRACTS & AWARDS San Diego Area Public Agency Contracts San Diego Metropolitan Transit System MTS released an RFP for Automobile Leasing Services in 2008, and received two responses. The other bid was deemed incomplete because they did not meet the scope of work for the Full Maintenance program. Also, Enterprise's proposal was scored higher and was deemed superior because the pricing on the vehicles were more cost effective, and Enterprise submitted a complete response meeting all bid requirements. MTS awarded a five-year leasing program to Enterprise with three one-year extensions for replacement of 143 vehicles in a five year period with Full Maintenance program. MTS's program with Enterprise is similar to what National City is looking at with Enterprise. San Diego Metropolitan Transit System Eric Cheng, Finance 1255 Imperial Ave., Ste. 1000 San Diego, CA 92101 (619) 557-4582 Phone (619)696-7084 Fax Eric.Chene@.sdmts.com 5 Years Leasing and Full Maintenance $5.000,000 Contract San Diego Unified Port District San Diego Unified Port District advertised an RFP for Vehicle Leasing Services in August 2007 and received four responses. Enterprise received the highest score out of the four respondents in Approach to the Project, Capability to Perform, Cost and Price, and Firm's Relevant Experience. The District awarded the contract to Enterprise for the 11 Ford Escape Hybrids. In 2009, the District went out to bid again for 3 Honda Civic CNGs and awarded the contract to Enterprise. In 2013, the District went out the bid again for two Nissan Leafs, and awarded that contract to Enterprise as well. San Diego Unified Port District Cesar Romero, Admin Manager 3165 Pacific Highway San Diego, CA 92101 (619) 686-6298 Phone (619) 531-7983 Fax C romero@portofsandieco.org 6 Years Leasing $300,000 Contract Sweetwater Authority San Diego Zoo SANDAG Other Contracts Enterprise has 415 Government customers in the United States Enterprise has 83 Government Customers in California Enterprise has 60 Government Customers in Southern California Other City Contracts in California Westminster Monrovia Azusa Gardena Torrance Carson Barstow Santa Ana Oxnard Inglewood Pasadena PD Long Beach PD Newport Beach PD Costa Mesa PD Placentia PD Anaheim PD Montebello PD Awards & Accolades • Enterprise Fleet Management received an Award for Innovation in Government from the American Society for Public Administration in 2010 (see attached) • Ranked on BusinessWeek's list of "Customer Service Champs" for past four years • Named by Entrepreneur magazine as "Best Rental Car Company" three years in a row • Repeatedly ranks number one on the Market Metrix Hospitality Index in rental car industry customer satisfaction • Ranked by Business Week as one of the "50 Best Places to Launch a Career" for past four years • One of the largest college recruiters I the United States as reported by The Black Collegian magazine and CollegeGrad.com • Ranks in the Top 50 Most Respected Companies in the U.S. in survey of consumers conducted by Reputation Institute • Recipient of the Secretary of Defense Employer Support Freedom Award for supporting employees serving in the National Guard and Reserve • Honored by the National Arbor Day Foundation for Exemplary Tree Planting Efforts fleet management Enterprise Fleet Management Receives Award for Innovation in Government from American Society for Public Administration, Los Angeles Chapter May 14, 2010, Los Angeles, CA — The Gardena, CA office of Enterprise Fleet Management, a full -service fleet management company for businesses with medium -size fleets, received the Winston Crouch Award for Innovation in Government from the American Society for Public Administration Los Angeles Metropolitan Chapter. The award was presented May 13 at the ASPA Annual Awards & Induction Banquet. According to ASPA, the Winston Crouch Award for Innovation in Government is presented to an individual or organization that has developed new and creative approaches to providing public services. Enterprise Fleet Management received the award in recognition of fleet vehicle solutions developed in partnership with various municipalities in the Los Angeles Metro Area, including three programs with the South Bay Cities Council of Governments, City of Compton and City of Torrance. Results included Enterprise assembling a small fleet of low speed neighborhood electric vehicles to help residents and businesses reduce greenhouse gas emissions through a Local Use Vehicle (LUV) initiative. The company also developed a program that reduced overall fleet expense by 45 percent for 131 vehicles by establishing a "cycling" program for replacing vehicles at regular intervals and reducing maintenance expenses. In addition, Enterprise demonstrated the cost savings of leasing pickup trucks with a maintenance agreement included rather than purchasing and maintaining them using in-house resources. About Enterprise Fleet Management: Enterprise Fleet Management, a full -service fleet management company for businesses with mid -size fleets, operates under Enterprise Holdings. With 58 fully staffed offices nationwide, it supplies most makes and models of cars, light and medium duty trucks and service vehicles to businesses across the United States. In addition to winning the 2009 American Business Award for Environmental Responsibility Program of the Year, Enterprise Fleet Management supports a comprehensive set of environmental initiatives that includes helping customers purchase verifiable greenhouse gas emission offsets by pledging to match a portion of each customer's greenhouse gas offset purchases up to a total match of $1 million. Enterprise has been recognized with the Automotive Service Excellence (ASE) "Blue Seal of Excellence" award for 13 consecutive years, an industry record. For more information, visit the company's Web site at www.efleets.com or call toll free 1-877-23-FLEET. ne National Acct Times Used Shop Name rkaaress r BALL HONDA 1935 NATIONAL CITY BLVD NATIONAL CITY 91950 619 474-6431 474-8971 N N 1 2 C & M MOTORS, INC 904 ROOSEVELT AVE NATIONAL CITY 91950 619 399-7353 Y 3 CERTIFIED TIRE AND SRVC CENTER 1705 SWEETWATER RD NATIONAL CITY 91950 619 N 151 COMMERCIAL FLEET SERVICE DISCOUNT TIRE #CAS06 1521 COOLIDGE AVE 1309 PLAZA BLVD NATIONAL CITY NATIONAL CITY 91950 91950 619 477-2786 619 474-6723 Y Y 5 3 EVANS TIRE CENTERS #015 3009 HIGHLAND AVE NATIONAL CITY 91950 619 474-8321 Y 35 FIRESTONE COMPLETE AUTO CARE FIRESTONE COMPLETE AUTO CARE 2531 PLAZA BLVD 943 HIGHLAND AVE NATIONAL CITY NATIONAL CITY 92050 92050 619 475-6171 619 477-2109 Y N 41 16 FRANK MOTORS HYUNDAI 3150 NATIONAL CITY BLVD NATIONAL CITY 91951 619 474-1503 N 1 FRANK MOTORS TOYOTA 2400 NATIONAL CITY BLVD NATIONAL CITY 91950 619 474-5573 477-4411 N 1 FRANK TOYOTA 2400 NATIONAL CITY BLVD. NATIONAL CITY 91950 619 474-1557 Y 5 MCCUNE CHRYSLER PLYMOUTH 2340 NATIONAL CITY BLVD NATIONAL CITY 91950 619 474-7011 N 3 MOSSY NISSAN PERRY FORD RON BAKER CHEVROLET en! rru any \rfI KSWAC4ON 2700 NATIONAL CITY BLVD. 2050 NATIONAL CITY BLVD 2301 NATIONAL CITY BLVD. 3131 NATIONAL CITY BLVD NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY 91980 91950 91950 91950 619 619 477-2711 619 477-2163 619 336-4020 N N N 18 47 5 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY TO PIGGYBACK THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT'S RFP CONTRACT NO. 1112-03 VEHICLE FLEET MANAGEMENT SERVICES WITH ENTERPRISE FLEET MANAGEMENT, INC., CONSISTENT WITH SECTION 2.60.260 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING COOPERATIVE PURCHASING, AND AUTHORIZING THE MAYOR TO EXECUTE THE FOLLOWING AGREEMENTS AND CORRESPONDING DOCUMENTS TO ESTABLISH A VEHICLE LEASING, MAINTENANCE AND MANAGEMENT PROGRAM FOR NATIONAL CITY'S LIGHT AND MEDIUM DUTY VEHICLE FLEET, ESTIMATED AT 74 VEHICLES OVER A 10-YEAR PERIOD: 1) MASTER EQUITY LEASE AGREEMENT WITH ENTERPRISE FM TRUST, INCLUDING CORRESPONDING AMENDMENT, INDEMNITY AGREEMENT, SELF-INSURANCE ADDENDUM AND OFFICER CERTIFICATE, 2) A MAINTENANCE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT, INC., INCLUDING CORRESPONDING AMENDMENT, AND 3) A SERVICE AGREEMENT REFERENCING THE PIGGYBACK CONTRACT, AND ESTABLISHING NOT TO EXCEED AMOUNTS OF $1,500,000 AND $163,000 FOR THE LEASE AND MAINTENANCE AGREEMENTS, RESPECTIVELY WHEREAS, National City's fleet consists of over 200 vehicles and heavy equipment, which supports all City departments in delivering municipal services to residents, local businesses and visitors; and WHEREAS, much of the City's fleet is aging and in need of replacement. For example, the average life cycle for National City vehicles is approximately 17 years, while some vehicles have been in operation since the 1980's; and WHEREAS, the City currently owns approximately 120 Tight and medium duty vehicles, of which approximately 25% are Police Department Patrol vehicles ("black & whites"). Light duty vehicles include sedans, vans, SUVs, and small pick-up trucks. Medium duty vehicles include Y% ton to 1% ton trucks; and WHEREAS, currently, the entire fleet is City -owned and maintenance is handled by the City's Vehicle/Equipment Maintenance Division, which consists of one lead mechanic and two equipment mechanics (one of the equipment mechanic positions was recently vacated and will be filled within the next few months). Specialized and extensive maintenance and repairs, as well as "overflow" work, is primarily sent to local mechanic shops in National City; and WHEREAS, the typical vehicle holding pattern for National City is to purchase the vehicle, operate it until it is obsolete, then sell it at auction. In comparison to an industry standard of five to seven years of cost-effective life for the categories of vehicles described above, over two-thirds of National City's vehicles are below this standard; and WHEREAS, traditionally, aging vehicles have not been replaced at the cost- effective point in their lifecycles due to limited capital resources and challenging economic times. The result has been significantly higher maintenance costs (older vehicles result in more frequent "big ticket" repairs), excessive downtime (which results in reliance on more spare vehicles and poor fleet utilization), poor fuel economy, poor service availability, decreased "curbside appeal", and increased greenhouse gas emissions; and Resolution No. 2014 — Page Two WHEREAS, after reaching out to local businesses (such as the Mile of Cars) and exploring joint -use opportunities with other agencies such as the City of Chula Vista, staff has determined that Enterprise Fleet Management offers the most comprehensive services and flexible options to supplement fleet operations for light and medium duty vehicles (excluding Police Patrol vehicles); and WHEREAS, Enterprise Fleet Management will support the City's Vehicle/Equipment Maintenance Division by allowing staff to provide a higher level of service for the remainder of the fleet, including public safety vehicles (Police and Fire Department) and heavy duty vehicles/equipment. Independent of the light and medium duty vehicles, these components of the fleet provide a substantial amount of work to keep staff busy; and WHEREAS, on December 17, 2013, at the regularly scheduled meeting of the City Council, City staff and representatives from Enterprise Fleet Management presented an overview of services available through their leasing, maintenance, and fleet management programs. The presentation also included the results of a comprehensive fleet planning analysis for the City's light and medium duty vehicles (excluding Police Patrol vehicles), which compared the City's current fleet management program and expenses to establishing a 60-month lease and maintenance program through Enterprise Fleet Management for replacing and modernizing the fleet over a 10-year period; and WHEREAS, after discussion on the presentation, Council directed staff to return to Council with additional details on Enterprise Fleet Management's leasing, maintenance, and fleet management programs, provide a revised analysis after revisiting the fleet replacement schedule, and explore other opportunities for management and financing of the fleet; and WHEREAS, staff also assessed the option of purchasing new vehicles. While monthly payments and financing are comparable to leasing, vehicle purchases typically require a larger down payment, and will require a significant investment in staff time to manage these assets. In addition, extended maintenance programs are not typically offered by dealerships, and sending vehicles to local mechanics tends to be more expensive than servicing vehicles in- house. Therefore, City staff will have added pressure to regularly maintain these vehicles in order to ensure proper re -sale values; and WHEREAS, staff also reviewed similar leasing, maintenance, and fleet management contracts with other public agencies that resulted from competitive bidding processes. The results of staffs research indicates that Enterprise Fleet Management, as compared to other companies that competed for the contracts, offers a more comprehensive scope of services with flexible options, more cost-effective pricing and programs, and extensive experience and qualjfications in fleet management; and WHEREAS, pursuant to Section 2.60.260 of the National City Municipal Code ("NCMC") regarding cooperative purchasing, the City has an opportunity to piggyback the West Contra Costa Unified School District's RFP Contract No. 1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc., to establish a vehicle leasing, maintenance, and management program for National City's light and medium duty vehicle fleet, estimated at 74 vehicles over a 10-year period; and Resolution No. 2014 — Page Three WHEREAS, NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase; and WHEREAS, staff has confirmed that the West Contra Costa Unified School District's RFP Contract No.1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc., was competitively bid through a Request for Proposals (RFP) process, and that the West Contra Costa Unified School District's procurement procedures are in substantial compliance with those of National City; and WHEREAS, the Open-ended, Equity Lease Program allows the City to move to a more efficient fleet profile and stay on a life -cycle plan, within the constraints of the City's limited capital budget, and provides leasing leverage with all rights of ownership, including flexible funding options and a strong resale market that can increase the City's equity. NOW, THEREFORE, BE IT RESOLVED that the City hereby authorizes the City to piggyback the West Contra Costa Unified School District's RFP Contract No. 1112-03 Vehicle Fleet Management Services with Enterprise Fleet Management, Inc., consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the following agreements and corresponding documents to establish a vehicle leasing, maintenance, and management program for National City's light and medium duty vehicle fleet, estimated at 74 vehicles over a 10-year period: 1) Master Equity Lease Agreement with Enterprise FM Trust, including corresponding Amendment, Indemnity Agreement, Self - Insurance Addendum and Officer Certificate, 2) a Maintenance Agreement with Enterprise Fleet Management, Inc., including corresponding Amendment, and 3) a Service Agreement referencing the piggyback contract and establishing not to exceed amounts of $1,500,000 and $163,000 for the Lease and Maintenance Agreements, respectively. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 42 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the appropriation and revenue increase of $575,000 and authorizing the Mayor to execute a Purchase and Sale Agreement with Stephen Randolph Johnston, Paul William Ralph and Michelle Leann Hooper Ralph for the purchase of property located at 726 W. 19th Street for the total purchase price of $575,000 for the relocation of the National City Public Works facilities from 2100 Hoover Avenue in the City of National City allowing for the development of 201 affordable rental housing units as Phase I and II of the Westside In -fill Transit Oriented Development Project. PREPARED BY: Carlos Aguirre, Comm. Dev. ManageDEPARTMENT: PHONE: 619.336.4391. EXPLANATION: Please see attached background report and explanation. APPROV FINANCIAL STATEMENT: ACCOUNT NO. Housing, Grants, & set Management APPROVED: Finance APPROVED: MIS Revenue Account #001-06029-3648 (WI-TOD Site Infrastructure) - $575,000 Expenditure Account #001-409-500-598-1595 (Public Works Facility Relocation Project) - $575,000 ENVIRONMENTAL REVIEW: Exempt from CEQA environmental review under CEQA Guidelines Sec. 15301 Existing Facilities ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report and Explanation 2. Purchase and Sale Agreement Attachment No. 1 Background Report and Explanation The Westside Infill Transit Oriented Development (WI-TOD), also known as the Paradise Creek Affordable Housing Project, is a proposed 201-unit affordable housing development on the east side of Paradise Creek, and the expansion of Paradise Creek Educational Park on the west side of the creek. The proposed project is based on a concept that was developed through a neighborhood and stakeholder design participation process and incorporated into the Westside Specific Plan, which was adopted in 2010. The current proposed project design was developed with continuing public input and participation through stakeholder and community meetings. Development Agreement. After adoption of the Westside Specific Plan, a request for proposals was issued, and the applicant was selected to develop the site. The applicant entered into a Disposition and Development Agreement with the Community Development Commission to develop the project. The agreement is an enforceable obligation of the Successor Agency to the Community Development Commission (SA). The entire site is owned by the City; however, the housing portion of the site will be transferred to the Housing Authority. Pursuant to the Disposition and Development Agreement, the developer will be required to enter into a long-term ground lease for the housing site and will manage and operate the housing development, including resident services and programs. The Community Development Commission -Housing Authority will retain ownership of the housing site. Housing Development. The housing development side of the project would consist of two phases on the east side of Paradise Creek. The first phase would be built on approximately four acres on the southern portion of the site and would include 109 units within two buildings and a separate residential services building. The second phase would be built on approximately two acres on the northern portion of the site and would include 92 units within two buildings. The anticipated unit mix would include one - bedroom, two -bedroom, and three -bedroom units on three to four levels within the four residential buildings. The residential buildings would generally be oriented along 22nd Street and Hoover Avenue and set back from Paradise Creek with open space along the creek boundary. Park Development. The park development side of the project would add nearly four acres to Paradise Creek Educational Park on the west side of the creek. Paradise Creek Housing Partners is required to construct the park improvements pursuant to the Disposition and Development Agreement. The proposed improvements would include a naturalized planting buffer along Paradise Creek, a lawn area, a community garden, a playground, a plaza, picnic tables, a pedestrian/bicycle path along the length of the creek, and tree and shrub plantings along the western edge of the park. Park ownership would be maintained by the City. 1 Attachment No. 1 Relocation of Public Works Department and Purchase of 726 West 19th Street. As part of the WI-TOD DDA, National City Public Works ("PW") operations at 2100 Hoover Avenue will need to relocate to other sites in order for the Successor Agency to complete environmental remediation and develop 201 affordable housing units on Parcel 1 and Parcel 2. The City's relocation plans for PW have accommodated for a substantial part of PW operations within existing City facilities and another site. The City still needs to secure a facility that can house the PW street, storm drain, sewer and building maintenance, graffiti removal and traffic signing functions. The City reviewed options for relocation but alternatives that have been considered are not readily available or do not fully satisfy PW's operational requirements and do not fall within the timeline for implementing the WI- TOD development. The City negotiated the purchase of a 0.13 acre site which fits the needs of the above listed PW operations functions by providing 5,247 sq. ft. of useable building area including office space and off street parking. The property is commonly known as 726 West 19th Street, National City, California 91950. The Owners of 726 West 19th Street, National City, California 91950 are willing to sell their property and have accepted an offer by the City to purchase at a negotiated price of $575,000.00. 2 Attachment 2 PURCHASE AND SALE AGREEMENT (726 West 19th Street, National City, CA 91950) THIS PURCHASE AND SALE AGREEMENT ("Agreement") is dated as of the 17th day of June, 2014 ("Effective Date") by and between Stephen Randolph Johnston, Paul William Ralph and Michelle Leann Hooper Ralph (collectively, the "Seller") and the City of National City ("Purchaser"). RECITALS A. The Seller owns the fee interest in that certain real property generally located at 726 West 19`h Street, National City, California 91950, Assessor's Parcel Number 559-095-09-00, legally described and depicted in Exhibit A attached hereto and made a part hereof ("Real Property"). B. Seller proposes to construct on the Property certain improvements ("Additional Improvements") as described on Exhibit C attached to and incorporated into this Agreement by reference. The Additional Improvements shall be constructed by the Seller in accordance with the Construction Contract that is being entered into between the Seller and Purchaser concurrently herewith ("Construction Contract"). C. Upon completion of the Additional Improvements, Purchaser desires to purchase the Real Property (including without limitation the Additional Improvements, and any all other improvements and fixtures thereon, which shall be referred to collectively herein as the "Property") on the terms, covenants, and conditions contained in this Agreement. D. Provided the various conditions to Closing (as defined below) set forth in this Agreement, including, without limitation, completion of construction of the Additional Improvements, are satisfied, the Seller agrees to sell the Property to the Purchaser and the Purchaser agrees to purchase the Property from the Seller as set forth in this Agreement. Provided, however, the Seller acknowledges and agrees that in order to bind Purchaser to the terms and conditions of this Agreement, this Agreement must be approved by the City of National City. AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are acknowledged, the Seller and the Purchaser hereby agree as follows: 1. Purchase and Sale. In consideration of the mutual covenants set forth in this Agreement, the Purchaser will acquire all of the Property, on the terms and conditions set forth herein, provided the various conditions to Closing set forth in this Agreement are satisfied. (a) Sale of the Property. The Seller agrees to sell the Property to the Purchaser, and the Purchaser agrees to purchase the Property from Seller, on the terms and conditions set forth herein. At Closing, the Seller shall convey the fee interest in the Real Property to the Purchaser 1 Attachment 2 by recordation of the Grant Deed (as defined below). The Escrow Agent shall issue the Title Policy (as defined below) to the Purchaser at Closing. (b) Possession of the Property. The Seller shall deliver possession of the Property to Purchaser at Closing. Possession of the Property shall be delivered to Purchaser subject only to the Permitted Exceptions, all as defined hereinbelow. 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: "Additional Improvements" has the meaning set forth in Recital B, above. "Agreement" means this Purchase and Sale Agreement between the Seller and the Purchaser. "Applicable Environmental Law" means all laws applicable to the presence of any Hazardous Materials (as defined below) on or within the Property, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601, et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.); the Clean Water Act (33 U.S.C. §2601, et seq.); the Safe Drinking Water Act (14 U.S.C. §300f, et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101, et seq.); the Toxic Substances Control Act (15 U.S.C. §2601, et seq.); the Federal Water Pollution Control Act (33 U.S.C. §1300, et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §136, et seq.); the Atomic Energy Act (42 U.S.C. §2011, et seq.); the Nuclear Waste Policy Act (42 U.S.C. §10101, et seq.); the Clean Air Act (42 U.S.C. §7401, et seq.); the California Hazardous Waste Control Act (California Health and Safety Code §25100, et seq.); the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health and Safety Code §25300, et seq.); the Safe Drinking Water and Toxic Enforcement Act ("Proposition 65") (California Health and Safety Code §25249.5, et seq.); and the Porter -Cologne Water Quality Control Act (California Water Code §13000, et seq.); and any similar federal, state or local laws, all regulations and publications implementing or promulgated pursuant to the foregoing, as any of the foregoing may be amended or supplemented from time to time. "Business Day" means any day other than a Saturday, S nday or any other day on which Purchaser or Escrow Agent is not open for business. In the evdnt any date, deadline or due date set forth in this Agreement falls on a day that is not a Business Day, then such deadline or due date shall automatically be extended to the next Business Day. "Close" or "Closing" means the close of Escrow as provided herein, which shall not be later than the last day of the Due Diligence Period. "Closing Date" means the date on which the Closing occurs. "Conditions Precedent for the Benefit of the Seller" shall have the meaning set forth in Section 6 of this Agreement. 2 Attachment 2 "Conditions Precedent for the Benefit of the Purchaser" shall have the meaning set forth in Section 7 of this Agreement. "Deposit" shall have the meaning set forth in Section 3(b)(1) of this Agreement. "Due Diligence Period" means the period of time commencing on the Effective Date and ending on July 15, 2014; provided, however, that the Purchaser shall have three (3) one -month options to extend the Due Diligence Period. Each of those extension options may be exercised by the Purchaser providing written notice of the same to the Seller and Escrow Agent. "Effective Date" is defined above. "Escrow" means the escrow depository and disbursement services to be performed by Escrow Agent pursuant to the provisions of this Agreement. "Escrow Agent" means John Lynn at Ticor Title 2878 Camino Del Rio South, Suite 500, San Diego, California 92108. "Grant Deed" means a duly executed and acknowledged grant deed conveying fee simple title to the Real Property from the Seller to the Purchaser, in substantially the form attached hereto as Exhibit B and made a part hereof. "Hazardous Materials" means: (1) Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance,f' "solid waste," "pollutant" or "contaminant" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.); the Clean Water Act (33 U.S.C. §2601 et seq.); the Toxic Substances Control Act (15 U.S.C. §9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.); or under any other Environmental Laws. (2) Those substances included within the definitions of "Extremely Hazardous Waste," "Hazardous Waste," or "Restricted Hazardous Waste," under §§25115, 25117 or 25122.7 Of the California Health and Safety Code, or is listed or identified pursuant to §§25140 or 44321 of the California Health and Safety Code. (3) Those substances included within the definitions of "Hazardous Material," "Hazardous Substance," "Hazardous Waste," "Toxic Air Contaminant" or "Medical Waste" under §§25281, 25316, 25501, 25501.1, 25023.2 or 39655 of the California Health and Safety Code. (4) Those substances included within the definitions of "Oil" or a "Hazardous Substance" listed or identified pursuant to §311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product. 3 Attachment 2 (5) Those substances included within the definitions of "Hazardous Waste," Extremely Hazardous Waste" or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California Code of Regulations. (6) Those substances listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity pursuant to §25249.9(a) of the California Health and Safety Code. (7) Any material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the property to be put to any lawful purpose. (8) Any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank. (9) Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136 et seq. (10) Asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (11) Any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. §§10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code §§25800 et seq. (12) Any material regulated under the Occupational Safety and Health Act, 29 U.S.C. §§651 et seq., or the California Occupational Safety and Health Act, California Labor Code §§6300 et seq. (13) Any material regulated under the Clean Air Act, 42 U.S.C. §§7401 et seq. or pursuant to Division 26 of the California Health and Safety Code. (14) Those substances listed in the United States Department of Transportation Table (49 CFR Part 172.101), or by the Environmental Protection Agency, or any successor agency, as hazardous substances (40 CFR Part 302). (15) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state or local laws or regulations. 4 Attachment 2 (16) Any material, waste or substance that is a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 U.S.C. §1321 or listed pursuant to 33 U.S.C. §1317, a flammable explosive or a radioactive material. "Immediately Available Funds" means a bank wire transfer or a certified bank or cashier's check. "Improvements" means collectively: (i) any and all buildings, structures and improvements, of any kind whatsoever, located at or affixed to the Real Property; (ii) all rights, privileges and casements appurtenant to the Real Property, if any, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the Real Property, if any; (iii) all development rights, air rights, and water rights if any, relating to the Real Property; and (iv) the Additional Improvements. "Permitted Exceptions" means collectively, the (i) the printed exceptions and exclusions in the Title Policy; (ii) the exceptions to the Title Report (as defined in Section 4(c) below) and approved by Purchaser in writing, or deemed approved by Purchaser, as provided in Section 4(c) below; (iii) real property taxes and assessments which are a lien but not yet payable; (iv) all applicable building, zoning and use restrictions and/or regulations of any municipality, township, county or state; and (v) defects that are shown on the American Land Title Association survey of the Real Property and Improvements which are approved by Purchaser in writing, or deemed approved by Purchaser, as provided in Section 4(c) below. "Property" has the meaning set forth in Recital C, above. "Purchase Price" shall have the meaning set forth in Section 3(a) of this Agreement. "Purchaser" means the City of National City; provided, however, if the City of National City assigns its interest in this Agreement pursuant to Section 11 of this Agreement, then the term "Purchaser" shall mean such assignee. "Real Property" has the meaning set forth in Recital A, above. "Seller" means collectively, Seller's Name(s). "Title Company" means Ticor Title 2878 Camino Del Rio South, Suite 500, San Diego, California 92108. "Title Policy" means a CLTA Owner's Policy of Title Insurance in the amount of the Purchase Price, insuring that title to the fee interest in the Property is vested in the Purchaser subject only to the Permitted Exceptions, which Title Policy shall be obtained through Stewart Title Company. Seller shall pay the cost of the CLTA Owner's Policy of Title Insurance. Purchaser shall pay the cost of any endorsements it desires. Purchaser may obtain an ALTA Owner's Policy of Title Insurance in which event Purchaser shall pay the cost difference between 5 Attachment 2 the cost of the ALTA Owner's Policy of Title Insurance and the cost of a CLTA Owner's Policy of Title Insurance. 3. Purchase Price. (a) Total Purchase Price. The purchase price to be paid by the Purchaser for all of the Property shall be Five Hundred Seventy -Five Thousand and No/100 Dollars ($575,000.00) ("Purchase Price"). (b) Deposit; Liquidated Damages. (1) Deposit. Purchaser shall make a deposit ("Deposit") into Escrow in the amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) within ten (10) business days of the Effective Date. If Purchaser elects to terminate this Agreement prior to expiration of the Due Diligence Period then the Deposit shall be immediately returned by Escrow Agent to the Purchaser. If Purchaser elects to terminate or defaults under this Agreement after the expiration of the Due Diligence Period but prior to Closing, then the Deposit shall be distributed to Seller and Purchaser as provided in the liquidated damages provision below. At Closing, the Deposit shall be credited against the Purchase Price as provided in this Agreement. (2) LIQUIDATED DAMAGES. THE DEPOSIT SHALL BE REFUNDABLE TO THE PURCHASER AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. IF ESCROW FAILS TO CLOSE AS A RESULT OF PURCHASER'S DEFAULT UNDER THIS AGREEMENT, THE SOLE REMEDY OF SELLER SHALL BE TO TERMINATE THIS AGREEMENT BY GIVING WRITTEN NOTICE TO PURCHASER AND ESCROW AGENT, WHEREUPON THE SELLER SHALL RETAIN AS LIQUIDATED DAMAGES THE DEPOSIT (AND SELLER WAIVES ANY RIGHT TO SPECIFICALLY ENFORCE THIS AGREEMENT SET FORTH IN CALIFORNIA CIVIL CODE SECTION 1680 OR 3389). THEREAFTER, NO PARTY HERETO SHALL HAVE ANY FURTHER LIABILITY OR OBLIGATION TO ANY OTHER PARTY HERETO EXCEPT FOR: (i) THE SELLER'S RIGHT TO RECEIVE AND RETAIN SUCH LIQUIDATED DAMAGES; AND (ii) THE OBLIGATION OF THE PARTIES TO PAY AMOUNTS INTO ESCROW TO PAY A PORTION OF THE FEES AND COSTS OF ESCROW AS SET FORTH IN THIS AGREEMENT. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE AND AGREE THAT THE SELLER'S ACTUAL DAMAGES IN THE EVENT OF PURCHASER'S DEFAULT ARE UNCERTAIN IN AMOUNT AND DIFFICULT TO ASCERTAIN, AND THAT SUCH AMOUNT OF LIQUIDATED DAMAGES IS REASONABLE UNDER THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ., CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE DATE HEREOF INCLUDING, WITHOUT LIMITATION, THE RELATIONSHIP OF SUCH AMOUNT TO THE RANGE OF POTENTIAL HARM TO THE SELLER THAT CAN REASONABLY BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES RESULTING FROM SUCH DEFAULT WOULD BE COSTLY AND INCONVENIENT. IN PLACING ITS INITIALS IN THE SPACE BELOW, EACH PARTY TO THIS AGREEMENT SPECIFICALLY CONFIRMS THE ACCURACY OF THE FOREGOING AND THE FACT 6 Attachment 2 THAT SUCH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO EXPLAINED THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THE PROVISIONS OF THIS SECTION 3(B)(2) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Seller's Initials Purchaser's Initials (c) Delivery of Remainder of Purchase Price into Escrow. Not less than one (1) Business Day prior to the Closing Date, the Purchaser shall cause Immediately Available Funds to be delivered to the Escrow Agent in an amount equal to the Purchase Price, minus the Deposit and any interest earned on the Deposit, and plus or minus any adjustments for prorations and expenses required under this Agreement. (d) Disbursement to the Seller. Immediately after the Closing, the Escrow Agent shall disburse to the Seller the funds that the Seller is entitled to receive under this Agreement. 4. Due Diligence Period. During the Due Diligence Period, the Purchaser may determine in the Purchaser's sole and absolute discretion, whether to proceed with the purchase of the Property. During the Due Diligence Period, the Purchaser may terminate this Agreement for any reason or for no reason at all. If the Purchaser terminates this Agreement during the Due Diligence Period, then: (i) all rights and liabilities of the Purchaser and the Seller with respect to this Agreement shall immediately terminate, except for rights and liabilities that specifically survive such termination; (ii) Escrow Agent shall return to the Purchaser all funds or other things deposited in Escrow by the Purchaser; and (iii) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller. Provided, however, all fees and costs charged by the Escrow Agent shall be paid one-half (1/2) by the Seller and one-half (1/2) by the Purchaser. (a) Access to the Property and Cooperation. During the Due Diligence Period, and during normal business hours, upon not less than twenty-four (24) hours advance notice to the Seller, Purchaser and its representatives, consultants and attorneys shall have access to entry upon the Property. Purchaser shall indemnify, defend, protect and hold the Seller and Seller's successors, assigns, officers, directors, shareholders, participants, partne s, affiliates, employees, representatives, invitees and agents or any of them, and the Property harmless from any losses, costs, damages, claims and/or liabilities, including but not limited to, mechanics' and materialmen's liens and attorney fees and costs proximately caused by such entry upon the Property. In the event Escrow does not close due to an election by the Purchaser not to purchase the Property or a default by the Purchaser, the Purchaser shall, at its sole cost and expense, promptly return the Property to the Seller in the same physical condition it now enjoys, and shall repair any physical damage caused by the Purchaser to the Property as part of or in connection with any such entry upon the Property. The Purchaser is self -insured with excess coverage provided pursuant to an insurance pool. Purchaser's agents, consultants and contractors will secure and maintain, at the Purchaser's or such other person's sole cost, the following policies of insurance which include coverage of all of Purchaser's and its representatives', consultants' and 7 Attachment 2 attorneys' activities on the Property: (1) comprehensive public liability and property damage insurance, including direct contractual and contingent liability with limits of $2,000,000 for personal liability to or death of any one person, $2,000,000 for personal injury to or death of any one person on an occurrence basis, $1,000,000 for property damage in any one accident and $2,000,000 policy limit for aggregate operation on an occurrence basis; (2) comprehensive automobile liability insurance with limits of $1,000,000 for personal injury to or death of any one person, $2,000,000 for personal injury to or death of more than one person in any one accident and $1,000,000 for property damage in any one accident; (3) workers compensation and employer's liability insurance in accordance with the provisions of California law. Policies of insurance described in clause (1), above, shall name the Seller as an additional insured. Certificates of such insurance shall be delivered by the Purchaser to the Seller before entry onto the Property by the Purchaser or its agents, contractors or employees. All such Certificates shall require at least thirty (30) days written notice to Seller prior to termination of such insurance. The Purchaser shall not permit any mechanic's, materialman's, contractor's, subcontractor's or other lien arising from any work done by the Purchaser or its agents pursuant to this Agreement to stand against the Property. If any such lien shall be filed against the Property, the Purchaser shall cause the same to be discharged or bonded within ten (10) days after actual notice of such filing, by payment, deposit, bond or otherwise. The Purchaser's obligations under this Section 4(a) shall survive the termination or expiration of this Agreement and/or Closing. The Purchaser shall have the right during the Due Diligence Period, after providing not less than twenty-four (24) hours advance notice to the Seller, to perform (or cause its consultants and contractors to perform) lead based paint and asbestos testing provided the same are performed in accordance with ASTM published testing standards. Except as set forth in the immediately preceding sentence, if Purchaser desires to do any invasive testing at the Property, the Purchaser may do so only after obtaining Seller's prior written consent to the same, which consent may be withheld or granted on conditions in Seller's sole and absolute discretion. The Purchaser shall promptly restore the Property to the condition the Property was in immediately prior to any such tests, at the Purchaser's sole cost and expense. The Purchaser shall provide the Seller with a complete set of plans, drawings and specifications ("Invasive Testing Plans") that define to the sole satisfaction of the Seller the invasive testing to be performed on the Property and the names of all environmental and other consultants, contractors and subcontractors who will be performing such invasive testing (collectively "Purchaser's Consultants"). The Purchaser shall deliver the names of the Purchaser's Consultants and the Invasive Testing Plans to the Seller concurrently with its request to the Seller that the Purchaser desires to perform invasive testing (unless the names of Purchaser's Consultants have previously been provided to the Seller). (b) Title. Purchaser's obligation to purchase the Property is contingent upon Purchaser's approval of all matters affecting title to or use of the Real Property (collectively, "Title Matters"). The intent of this Section 4(b) is to allow the parties to have certainty regarding the condition of title and the Title Matters which are acceptable to the Purchaser. The procedure set forth in this Section 4(b) shall not affect or otherwise limit the Purchaser's right to terminate this Agreement for any reason or no reason at all as set forth in Section 4, above. (1) Title Report. Title Company previously delivered a current preliminary title report for the Real Property to the Purchaser ("Title Report"). Purchaser shall have until June 25, 2014 (eight (8) days after the Effective Date), to approve or object to any items 8 Attachment 2 disclosed by the Title Report. If Purchaser does not give written notice to Seller of Purchaser's approval or disapproval of any items disclosed by the Title Report within said time period, then Purchaser shall be deemed to have approved the items disclosed by the Title Report. If Purchaser gives written notice to Seller of Purchaser's disapproval of any items disclosed by the Title Report within said time period and Seller does not give written notice to Purchaser within two (2) calendar days thereafter of: (i) Seller's elimination of or agreement to eliminate those disapproved matters prior to the close of Escrow; or (ii) Seller's agreement to provide at Seller's sole expense such title insurance endorsements relating thereto as are acceptable to Purchaser in Purchaser's sole discretion prior to the close of Escrow (each, a "Cure Notice"), then this Agreement shall terminate immediately, unless Purchaser affirmatively agrees in writing that this Agreement will remain in full force and effect. Notwithstanding the foregoing, Seller shall cause all Title Matters which are mechanics' liens and/or deeds of trust to be eliminated as exceptions to title on the Title Policy at Seller's sole expense prior to the close of Escrow. (2) Survey. Seller shall use commercially reasonable efforts to cause an American Land Title Association survey of the Real Property and Improvements to be completed on or before June 25, 2014 (eight (8) days after the Effective Date). Purchaser shall have until July 3, 2014 (sixteen (16) days after the Effective Date), to approve or object to any items disclosed by the American Land Title Association survey. If Purchaser does not give written notice to Seller of Purchaser's approval or disapproval of any items disclosed by the American Land Title Association survey within said time period, then Purchaser shall be deemed to have approved the any items disclosed by the American Land Title Association survey. If Purchaser gives written notice to Seller of Purchaser's disapproval of any items disclosed by the American Land Title Association survey within said time period and Seller does not give written notice to Purchaser within two (2) calendar days thereafter of (i) Seller's elimination of or agreement to eliminate those disapproved matters prior to the close of Escrow; or (ii) Seller's agreement to provide at Seller's sole expense such title insurance endorsements relating thereto as are acceptable to Purchaser in Purchaser's sole discretion prior to the close of Escrow (each, a "Cure Notice"), then this Agreement shall terminate immediately, unless Purchaser affirmatively agrees in writing that this Agreement will remain in full force and effect. 5. Completion of Additional Improvements. (a) No later than five (5) days after the Effective Date, Seller will begin construction of the Additional Improvements in accordance with the Construction Contract. All costs and expenses of the construction of the Additional Improvements will be paid by Seller. Seller shall apply for, pay for and obtain, any and all permits or licenses required by applicable governmental authorities (including without limitation, City of National City Development Services) necessary or desirable for Seller to construct and install the Additional Improvements. The Purchaser shall not be responsible in any way for, the processing Seller's building permits or other permit applications with the City of National City Development Services. The execution of this Agreement by the Purchaser (i.e., the City of National City) does not constitute the granting of or a commitment to provide any required permits, entitlements or approvals. Seller shall comply with all applicable requirements of the City of National City Development Services and all applicable provisions of the California Public Contract Code. Seller, the general contractor, and any and all subcontractors, shall pay prevailing wages for all work done with 9 Attachment 2 respect to the Additional Improvements as required by California law, including without limitation, the following: (1) Seller, the general contractor, and any and all subcontractors shall comply with prevailing wage requirements and be subject to restrictions, obligations, requirements, and penalties, in accordance with Section 1770 et seq. of the California Labor Code which requires prevailing wages be paid to appropriate work classifications in all bid specifications and subcontracts. (2) Seller, the general contractor, and any and all subcontractors shall furnish all subcontractors/employees a copy of the California Department of Industrial Relations prevailing wage rates which the general contractor will post at the job site. Copies of the prevailing wage rates are available at the Purchaser's office and shall be made available to any interested party on request. (3) Seller, the general contractor, and any and all subcontractors shall comply with the payroll record keeping and availability requirement of Section 1776 of the California Labor Code, and shall deliver to the Purchaser not less than monthly, copies of the certified payroll records and all other documents required to be maintained pursuant to Section 1776 of the California Labor Code or any regulations issued by the California Depaitinent of Labor and/or the California Labor Commissioner with respect to the same. (4) Seller, the general contractor, and any and all subcontractors shall make travel and subsistence payments to workers needed for performance of work in accordance with the California Labor Code. (5) Prior to commencement of construction, the Seller, the general contractor, and any and all subcontractors shall contact the Division of Apprenticeship Standards of the California Department of Industrial Relations and comply with Section 1777.5, 1777.6, and 1777.7 of the California Labor Code and all applicable regulations, (b) At reasonable times and on reasonable notice during construction of the Additional Improvements, the Purchaser and its agents and representatives shall have access, without liability, to the Property and to all construction, job records, and information of Seller relating to the construction of the Additional Improvements (whether on Seller's premises or the premises of Seller's architects, engineers, contractors, and consultants) for the purpose of determining whether the work being performed is in accordance with the Construction Contract and this Agreement. All construction shall be performed in accordance with the Construction Contract. Any deficiencies in construction shall be corrected by the Seller, upon written notice from the Purchaser. Seller will at all times keep at the Property a complete updated set of the plans and specifications for the Additional Improvements for examination by Purchaser and its agents and representatives. (c) If Purchaser determines at any time prior to the Completion of the Additional Improvements, as defined in Section 5(d), below, that construction of the Additional Improvements is not proceeding in accordance with the Construction Contract or with this Agreement, and Purchaser does not elect to waive the deviation, deficiency, or omission, Purchaser will give notice to Seller specifying the particular deviation, deficiency, or omission, and Seller will take any corrective work that is necessary to correct the deviation, deficiency, or omission. 10 Attachment 2 (d) On or before August 31, 2014 ("Completion Date"), Seller agrees to cause the completion of the Additional Improvements substantially in accordance with the Construction Contract in a good and workmanlike manner. Failure to cause Completion of the Additional Improvements on or before the Completion Date shall be a material default hereunder. The completion of the Additional Improvements ("Completion of the Additional Improvements") will be deemed to have happened on the occurrence of all of the following: (i) the Additional Improvements have been substantially completed in accordance with the Construction Contract; (ii) the Design Architect has certified and provided to the Purchaser on AIA Form G-704 or similar form, a "Certificate of Substantial Completion," that the Additional Improvements have been completed substantially in accordance with the Construction Contract, and as such, are ready for occupancy; (iii) City of National City Development Services has issued a permanent certificate of occupancy and signed off on all permits for the building or structures on the Property; (iv) the Inspecting Engineer has certified and provided to Purchaser on AIA Form G-704, or similar form, a "Certificate of Substantial Completion," that the Additional Improvements have been completed substantially in accordance with the and are ready for occupancy; (v) Seller has certified to Purchaser that all of the costs for the construction and completion of the Additional Improvements have been paid in full, including, without limitation, payment for services rendered and material delivered by mechanics, materialmen, suppliers, architects, engineers, subcontractors, and the like, or punch list holdbacks; (vi) Purchaser has received reasonably satisfactory evidence that (A) all utilities reflected in the Construction Contract and required for the use and occupancy of the Additional Improvements enter the Property from adjacent public rights -of -way or through valid and appurtenant easements that will be transferred to Purchaser and have been installed, (B) any hookup, tap -on, or connection fees and charges for those utilities have been paid, (C) the installation of the utilities has been approved by the various utility companies, and (D) utility service to the Property has commenced; (vii) Purchaser has received copies of a survey indicating that the Improvements have been erected completely within the boundaries of the Property and are not in violation of any setback restrictions affecting the Property and that no Improvements that are a part of the Property encroach onto adjacent land; and (ix) Seller has notified Purchaser that the Additional Improvements have been completed, and Seller has delivered to Purchaser all of the items required by subdivisions (i) through (viii), inclusive, of this Section 5. 6. Conditions Precedent for the Benefit of the Purchaser. The Purchaser's obligation to Close shall be conditioned upon the satisfaction or emailed or written waiver by the Purchaser of all of the conditions precedent ("Conditions Precedent for the Benefit of the Purchaser") set forth in this Section 6. Any of the Conditions Precedent for the Benefit of the Purchaser may be waived by the Purchaser unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such waiver shall be effective only if the same is expressly waived (i) by 11 Attachment 2 email from the Purchaser to the Seller and Escrow Agent; or (ii) in a writing signed by the Purchaser and delivered to the Seller and Escrow Agent. If the Conditions Precedent for the Benefit of the Purchaser are not satisfied by the deadlines set forth in this Section 6 or expressly waived, the Purchaser (provided the Purchaser is not in default hereunder) may provide emailed or written notice of the Purchaser's conditional termination of this Agreement to the Seller and Escrow Agent. After receipt of such notice of conditional termination, the Seller shall have two (2) Business Days to cure any non -satisfaction of a condition or other default specified in the notice of conditional termination. If such matter remains unsatisfied or the default remains uncured after the expiration of such two (2) Business Day period, then this Agreement shall terminate at the close of business on such second (2nd) Business Day. In the event of termination of this Agreement (and by operation of law the Escrow) pursuant to this Section 6, then: (x) except to subparagraph (f) below, the same shall be a default by the Seller (y) Escrow Agent shall return to the Purchaser all funds or other things deposited in Escrow by the Purchaser, including without limitation, the Deposit; and (z) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller. Purchaser is not waiving any default by the Seller and nothing contained in this Section 6, including, without limitation, the immediately foregoing sentence shall be a waiver of any right of Purchaser to recover damages from the Seller for failure of any Conditions Precedent for the Benefit of the Purchaser. Provided, however, all fees and costs charged by the Escrow Agent shall all be paid by the Seller. (a) The deposit into Escrow by the Seller of the Grant Deed, duly executed and acknowledged, conveying fee simple title to the Property to the Purchaser at least one (1) Business Day prior to Closing. (b) The deposit by the Seller into Escrow of a duly executed affidavit that it is not a foreign person and is a "United States Person" as such term is defined in Section 7761(a)(30) of the Internal Revenue Code of 1986, as amended, at least one (1) Business Days prior to Closing. The affidavit shall be in the form prescribed by federal regulations, if any. (c) The deposit by the Seller into Escrow of a duly executed California Form 593(c) or other evidence that withholding of any portion of the Purchase Price is not required by the Revenue and Taxation Code of California, at least one (1) Business Day prior to Closing. (d) The deposit by the Seller into Escrow of all additional documents and instruments as are reasonably required bj the Purchaser and/or Escrow Agent to complete the Closing, at least one (1) Business Day prior to Closing. (e) The Escrow Agent is prepared and obligated to issue the Title Policy in Purchaser's favor upon the recordation of the Grant Deed and there are no exceptions to the Title Policy, except for Permitted Exceptions. (0 Seller not being in default of any of its representations or warranties under this Agreement, or any other material terms or conditions related to Seller. (g) As of the Closing Date, there exists no lease, tenancy or occupancy agreement affecting the Property. 12 Attachment 2 (h) As of the Closing Date there is not pending, or threatened to be pending, any action or proceeding by any person or before any government authority, the outcome of which could prohibit the use of the Property as intended by the Purchaser. (i) City. This Agreement has been formally approved by resolution of the City of National (j) Completion of the Additional Improvements as set forth in Section 5, above; (k) The Property is not destroyed or damaged by fire or other casualty and, if any casualty has occurred, the Property is restored to a condition equivalent with the completion of the Improvements; (1) Seller has not made an assignment for the benefit of creditors, filed a petition in bankruptcy, been adjudicated insolvent or bankrupt, petitioned a court for the appointment of any receiver of or trustee for it or any substantial part of its property, or commenced any proceeding relating to Seller under any reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or later in effect. There has not been commenced or pending against Seller any proceeding of the nature described in the first sentence of this subsection. No order for relief has been entered with respect of Seller, or any affiliated entity, under the Federal Bankruptcy Code; (m) (n) There exists no Hazardous Materials on or otherwise affecting the Property; There exist no known violations of any Applicable Environmental Law; and (o) Seller has complied and at Closing will be in compliance with each covenant in this Agreement, and the warranties in this Agreement will be true as of the Closing Date. 7. Seller's Representations and Warranties. As a material inducement to Purchaser, Seller warrants to Purchaser that, as of the date of this Agreement and as of the Closing Date: (a) there are no actions, suits, or proceedings pending, or, to the knowledge of Seller, threatened, against Seller or the Property, or involving the validity or enforceability of this I Agreement, including, but not limited to, petitions under the Bankruptcy Act of 1978 or other petitions for reorganization or for debtor relief or for the appointment of a receiver; (b) the execution and delivery of this Agreement by Seller and the performance and observance of the terms have all been authorized by all necessary actions of Seller. This Agreement has been duly executed and delivered by Seller. This Agreement is in full force and is enforceable against Seller in accordance with its terms; (c) Seller owns good, marketable, and insurable fee simple title free of all Title Defects for the real property. Seller owns good title free of all Title Defects for the balance of the Property; (d) the Property have not suffered any damage by fire, windstorm, or other hazard that is not fully covered by insurance (or if covered by insurance, that would make it 13 Attachment 2 economically impractical for the Property to be restored or repaired) and that have not been fully restored, repaired, and rebuilt and no condemnation or other proceedings prohibiting the full use of the Property as originally contemplated by the parties have been instituted or threatened; (e) the general plans and notes and the Improvements, when completed, will comply with all applicable requirements of Governmental Authorities having jurisdiction; (f) the Improvements, when completed, in accordance with the general plans and notes, will be structurally sound; (g) in conjunction with all manufacturer's warrant(ies)/guarantee(s) for all products provided for the Improvements, all work for the Improvements shall be guaranteed by Seller for a period of one (1) year from the date of completion against defective workmanship and materials furnished by Seller. Seller shall promptly replace or repair, in a manner satisfactory to Purchaser, any such defective work, after notice to do so from Purchaser, and upon the Seller's failure to make such replacement or repairs promptly, Purchaser may perform this work and Seller shall be liable for the cost thereof; (h) no Hazardous Materials are present on, within or under the Property, or in the soil, groundwater or soil vapor on or under the Property. Seller has received no notice of any proceeding or inquiry pending before or by any governmental authority with respect to the presence of Hazardous Materials or the migration of Hazardous Materials to or from any other Property, nor is the Seller aware of any threat of such notice or of any environmental permits, disclosures, applications, entitlements or inquiries relating to the Property, including notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self -reporting requirements and reports filed or applications made pursuant to any governmental requirement relating to Hazardous Materials or underground tanks. (i) no person has any lease or other right to occupy the Property or any parts thereof. 8. Environmental Indemnity. Seller agrees to indemnify, defend and hold the Purchaser and all of its members, agents, officers, representatives, directors and employees (the "Indemnified Parties") harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon any of the following which the occurs prior to Closing (regardless of whether the Purchaser became aware of the same before or after the Closing): (i) the existence, presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, the Property, or (ii) the violation, or :alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property. The Seller's indemnification obligation set forth in this Section 8 shall not apply with respect to Hazardous Materials came to be on, under, in or about the Property after the Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. This indemnity provided in this Section 8 does not include any condition arising solely as a result of the affirmative acts or gross negligence of the Indemnified Parties. Notwithstanding anything contained in this Agreement to the contrary, the Seller's duty to indemnify the Indemnified Parties as set forth in this Section 8 shall survive and remain an outstanding obligation of the Seller after Closing. 14 Attachment 2 9. Seller's Covenants. Seller covenants to Purchaser that, through and including the Closing Date: (a) neither the Property (nor any part of it or any interest in this Agreement), nor any revenues, rents, issues, or profits from the Property, nor any interest in Seller, will be sold, transferred, assigned, mortgaged, pledged, or in any other way encumbered or conveyed without Purchaser's prior written consent. (b) Seller shall deliver to Purchaser monthly reports on the status of the construction of the Additional Improvements. The reports will include Seller's good -faith estimate of the date construction will be completed. (c) no changes will be made in the Construction Contract without Purchaser's prior written approval. Any proposed changes to the Construction Contract will be delivered to Purchaser with sufficient time for appropriate review. (d) Seller will not take or permit any action that would be inconsistent with or make impossible the consummation of the purchase and sale in accordance with this Agreement. (e) without the prior written approval of Purchaser, Seller will not execute or make any agreement or other arrangement or modify any existing agreement or other arrangement that cannot be terminated on thirty (30) days' notice and that may bind or obligate the Property or Purchaser after Closing. (f) so long as this Agreement remains in force, Seller will not lease, convey, transfer, assign, mortgage, encumber, or pledge, whether absolutely or to secure a debt, any part of or any interest in the Property or enter into any agreement not relating to the construction of the Improvements that grants to any person any right with respect to the Property, any portion of the Property, or any interest in this Agreement. 10. Condemnation of the Property. (a) If between the Effective Date and the Closing Date, any condemnation or eminent domain proceeding is commenced that will result in the taking of any part of the Property, Purchaser may, at Purchaser's election, either: (1) Terminate this Agreement by giving written or emailed notice to the Seller and the Escrow Agent (in which event all remaining funds or other things deposited in Escrow by Purchaser, including without limitation, the Deposit, shall be returned to the Purchaser immediately from Escrow, together with any interest earned thereon and all fees and costs charged by the Escrow Agent shall be paid one-half (1/2) by the Seller and one-half (1/2) by the Purchaser; or (2) Proceed with the Closing with no reduction in the Purchase Price, in which event the Seller shall assign to the Purchaser all of the Seller's rights, titles and interests to any award made for the condemnation or eminent domain action. 15 Attachment 2 (b) Notice. If the Seller obtains notice of the commencement of or the threatened commencement of eminent domain or condemnation proceedings with respect to all of any portion of the Property, the Seller shall notify the Purchaser in writing. 11. Broker's Commission. (a) No Brokers. The Seller and Purchaser each hereby represent and warrant to one another that they have not engaged the services of any real estate agent or broker with respect to the transaction that is the subject of this Agreement. (b) Indemnity. The Purchaser and the Seller each agree that, to the extent any real estate commission, brokerage commission or finder's fee shall be earned or claimed in connection with this Agreement or the Closing, the payment of such fee or commission, and the defense of any action in connection therewith, shall be the sole and exclusive obligation of the party who requested (or is alleged to have requested) the services of the broker or finder. In the event that any claim, demand or cause of action for any such commission or finder's fee is asserted against the party to this Agreement who did not request such services (or is not alleged to have requested such services), the party through whom the broker or finder is making the claim shall indemnify, defend (with an attorney of the indemnitee's choice), protect and hold harmless the other from and against any and all such claims, demands and causes of action and expenses related thereto, including, without limitation, attorneys' fees and costs. (c) Survival. The provisions of this Section 11 shall survive the Closing or termination of this Agreement. 12. Assignment. The Purchaser shall not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the Seller, which consent may be withheld or granted in Seller's sole and absolute discretion; provided, however, the Purchaser may assign this Agreement to an entity in which the Purchaser has a controlling or majority interest without the prior written consent of the Seller provided Purchaser and such assignee execute an assignment agreement in form and substance reasonably acceptable to Seller. 13. Notices. All notices under this Agreement shall be in writing and sent (a) by certified or registered mail, return receipt requested, in which case notice shall be deemed delivered three (3) Business Days after deposit, postage prepaid in the United States Mail, (b) overnight by a nationally recognized overnight courier such as UPS Overnight, or FedEx, in which case notice shall be deemed delivered one (1) Business Day after deposit with that courier, (c) by personal delivery, in which case notice shall be deemed delivered upon the actual date of delivery, or (d) by email, in which case notice shall be deemed delivered upon the actual date of delivery. All notices shall be delivered to the following addresses: If to Seller: Stephen Randolph Johnston, Paul William Ralph and Michelle Leann Hooper Ralph 16 L-_ Attachment 2 If to Purchaser: Copy to: Facsimile No. Email: City of National City Attn: Brad Raulston 1243 National City Boulevard National City, CA 91950 Facsimile No. (619) 336-4286 Email: braulston@nationalcityca.gov Christensen & Spath LLP Attention: Walter F. Spath III 550 West C Street, Suite 1660 San Diego, CA 92101 Facsimile No. (619) 236-8307 Email: wfs@candslaw.net The addresses above may be changed by written notice to the other party; provided however, that no notice of a change of address shall be effective until actual receipt of the notice. 14. Risk of Loss. (a) Damage or Destruction. Subject to the provisions of this Section 14(a), the risk of loss or damage to the Property until the close of Escrow will be bome by Seller. Upon the occurrence of any damage to or destruction of the Property, Seller shall within thirty (30) days after the occurrence of such damage or destruction give written notice to Purchaser ("Damage Notice") specifying the estimated cost to repair or restore the Property and an estimate of the insurance proceeds, if any, that will be available with respect to such damage or destruction. The close of Escrow shall be appropriately delayed to provide adequate time for Seller to give the Damage Notice and Purchaser to make its election provided for below. (b) Damage in Excess of $100,000. If prior to the close of Escrow there is damage to or destruction of the Property that will cost in excess of One Hundred Thousand Dollars ($100,000) to repair or restore, Purchaser shall have the right by written notice given to Seller within ten (10) days of Purchaser reciving the Damage Notice, to elect to: (i) close Escrow in such damaged condition, in which event the Purchase Price shall not be reduced (but the Seller shall be obligated to pay the deductibles under the applicable insurance policy or policies) and Seller shall not be obligated to repair or restore the Property and all insurance proceeds shall be assigned and payable to Purchaser, and if Seller receives any such insurance proceeds, they shall be immediately remitted by Seller to Purchaser at Closing or, if received by Seller after Closing, promptly after receipt; (ii) terminate this Agreement, in which event the Deposit and all interest accrued thereon shall be immediately returned to Purchaser, and neither party shall have any further rights or obligations to the other party, except neither party shall be relieved of any obligations provided for in this Agreement which expressly survives its termination. 17 Attachment 2 (c) Damage of $100,000 or Less. If prior to the close of Escrow there is damage to or destruction of the Property that will cost One Hundred Thousand Dollars ($100,000) or less to repair or restore, Purchaser shall nevertheless close Escrow with the Property in such damaged condition, the Purchase Price shall not be reduced (but the Seller shall be obligated to pay the deductibles under the applicable insurance policy or policies) and Seller shall not be obligated to repair or restore the Property, and all insurance proceeds shall be assigned and payable to Purchaser, and if Seller should receive any such insurance proceeds, they shall be immediately remitted to Purchaser. 15. Prorations. Real property taxes and assessments and utility costs, and other expenses of operating the Property (provided, however, no proration shall be made with regard to any capital improvements) shall be prorated as of the close of Escrow. Seller shall pay all documentary transfer taxes. Seller shall pay all real property taxes and assessments applicable to the period prior to the close of Escrow, and if any such taxes are unpaid after the close of Escrow, then Seller shall pay them promptly and in any event within ten (10) days after Purchaser's request (which shall include a copy of the relevant tax bill). 16. General Provisions. (a) Governing Law. This Agreement shall be interpreted and construed in accordance with California law, without regard to any choice of law principles. (b) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions of this Agreement. (d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, heirs and permitted assigns. (e) Modifications; Waiver. No waiver, modification, amendment, discharge or change of this Agreement shall be valid unless it is ir_ writing and signed by the party against which the enforcement of the modification, waiver, amendment, discharge or change is sought. (f) Entire Agreement. This Agreement contains the entire agreement between the parties relating to Purchaser's acquisition of the Property from the Seller and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded. (g) Partial Invalidity. Any provision of this Agreement which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full effect. 18 Attachment 2 (h) Survival. Provisions of this Section 15 shall survive the Closing or the termination of this Agreement. (i) No Third -Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies. (j) Time of Essence. Time is of the essence in this Agreement. (k) Attorneys' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to their expert witness fees, if any, as part of their costs of suit, and attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. All claims, disputes, causes of action or controversies shall be subject solely to the jurisdiction of the San Diego Superior Court, Downtown Branch. (1) Relationship. Nothing contained in this Agreement shall be deemed or construed by the parties or by any third person to create a relationship of principal and agent or partnership or a joint venture between the Purchaser and the Seller or between any of them and any third party. (m) Recording. Neither this Agreement nor a memorandum hereof shall be recorded. (n) Purchaser Approval. Where this Agreement refers to an action or approval of the Purchaser, it shall mean the approval of the Community Development Executive Director of the Purchaser, or designee, unless otherwise provided. (o) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (1p) Independent Counsel. Seller and Purchaser each acknowledge that: (a) they have been given the opportunity to be represented by independent counsel in connection with this Agreement; (b) they have executed this Agreement with the advice of such counsel, if such counsel was retained; and (c) this Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel, if such counsel was retained. The fact that this Agreement was prepared or negotiated by Purchaser's or Seller's counsel as a matter of convenience shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against either party due to the fact that Purchaser's or Seller's counsel prepared or negotiated this Agreement in its final form. (q) 1031 Exchange. In order to effect an Internal Revenue Code section 1031 tax - deferred exchange of the Property, Seller has the right to engage an accommodator to fulfill 19 Attachment 2 Seller's obligations hereunder; in which case Purchaser shall cooperate to accomplish such exchange provided each of the following conditions are satisfied: (i) Purchaser shall, in such cooperation, incur no cost, liability or obligation for consideration (or otherwise) other than the costs and consideration called for in this Agreement; and (ii) the Closing shall not be delayed or prevented. (r) Tolling of Deadlines. Any periods of time, deadlines or time or day limitations set forth in this Agreement, including without limitation, the Due Diligence Period, the deadline for Closing, the deadline for making the Deposit, shall all be automatically extended by one (1) Business Day for each Business Day that the Seller fails to timely provide any notice, report, materials, studies, documentation or other information required by this Agreement. (s) Capacity and Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, represent and warrant that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. SELLER: Stephen Randolph Johnston Paul William Ralph Michelle Leann Hooper lalph [SIGNATURES CONTINUED ON FOLLOWING PAGE] 20 Attachment 2 PURCHASER: City of National City By: Print Name: Its: Approved as to Form: By: Claudia Gacitua Silva City Attorney 21 Attachment 2 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION Real property in the City of National City, County of San Diego, State of California, described as follows: Lots 23 and 24 in Block 237 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882. APN: 559-095-09-00 22 Attachment 2 EXHIBIT "B" GRANT DEED WHEN RECORDED MAIL TO: APN: 559-095-09-00 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stephen Randolph Johnston, an unmarried man as to an undivided 50% interest, and Paul William Ralph and Michelle Leann Hooper Ralph, husband and wife as joint tenants as to an undivided 50% interest, as tenants in common hereby GRANT to the City of National City the following described real property in the County of San Diego, State of California: Lots 23 and 24 in Block 237 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882. Stephen Randolph Johnston Paul William Ralph Dated , 2014 Dated , 2014 Dated , 2014 Michelle Leann Hooper Ralph 23 Attachment 2 ACCEPTANCE This is to certify that the interest(s) in real property conveyed by this instrument to the City of National City, are hereby accepted by the undersigned officer on behalf of the City of National City, pursuant to authority conferred by resolution of the City of National City, Resolution No. , adopted on , 2014, and the grantee consents to recordation thereof by its duly authorized officer. City of National City By: Dated: , 2014 Print Name: Its: Approved as to Form: By: Claudia Gacitua Silva City Attorney 24 Attachment 2 EXHIBIT "C" ADDITIONAL IMPROVEMENTS 25 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND REVENUE INCREASE OF $575,000, AND AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT WITH STEPHEN RANDOLPH JOHNSTON, PAUL WILLIAM RALPH AND MICHELLE LEANN HOOPER RALPH FOR THE PURCHASE OF PROPERTY LOCATED AT 726 WEST 19TH STREET FOR THE TOTAL PURCHASE PRICE OF $575,000.00 FOR THE RELOCATION OF THE NATIONAL CITY PUBLIC WORKS FACILITIES FROM 2100 HOOVER AVENUE IN THE CITY OF NATIONAL CITY ALLOWING FOR THE DEVELOPMENT OF 201 AFFORDABLE RENTAL HOUSING UNITS AS PHASE I AND II OF THE WESTSIDE IN -FILL TRANSIT ORIENTED DEVELOPMENT PROJECT WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (Successor Agency) is subject to the enforceable obligation commonly referred to as the Westside Infill Transit Oriented Development (WI-TOD) Development and Disposition Agreement (DDA), entered into June 21, 2011 with Paradise Creek Housing Partners, LP (Developer); and WHEREAS, as part of the WI-TOD DDA, National City Public Works ("PW") operations at 2100 Hoover Avenue will need to be relocated to other sites in order for the Successor Agency to complete environmental remediation and develop 201 affordable housing units at the Hoover property, as required by the DDA; and WHEREAS, the City's relocation plans for PW have included accommodating for a substantial part of PW operations within existing City facilities; and WHEREAS the City still needs to secure a facility that can house the following PW functions: storage, office space, and offsite parking; and WHEREAS, the City has reviewed options for relocation, but alternatives that have been considered are not readily available or do not fully satisfy PW's operational requirements, and do not fall within the timeline for implementing the WI-TOD DDA development; and WHEREAS, the City has negotiated to purchase a .13 acre site that provides 5,021 sq. ft., of useable building area and is commonly known as 726 West 19th Street in the City of National City (the Property); and WHEREAS, the owners of the Property are willing to sell their Property at a negotiated price of $575,000.00; and WHEREAS, on December 18, 2013, the City entered into a Site Infrastructure Agreement with the Developer that would reimburse the City up to $4,000,000 for the fees, costs, and expenses incurred by the City with respect to preparation of the site, including without limitation, costs incurred with respect to relocation of persons and improvements located at the site; and WHEREAS, the City will be reimbursed $575,000 by the Site Infrastructure Agreement for the purchase cost of the Property; and WHEREAS, all actions required by all applicable law with respect to the proposed Purchase and Sale Agreement have been taken in an appropriate and timely manner; and Resolution No. 2014 — Page Two WHEREAS, the City Council has duly considered all terms and conditions of the proposed Purchase and Sale Agreement and believes that the acquisition of the Property is in the best interests of the City of National City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Mayor to execute the Purchase and Sale Agreement between the City of National City and Stephen Randolph Johnston, Paul William Ralph and Michelle Leann Hooper Ralph for the purchase of the Property in the City of National City for a total purchase price of $575,000.00. Said Purchase and Sale Agreement is on file with the City Clerk. BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation and corresponding revenue increase of $575,000 for the purpose of environmental remediation work on the Westside In -fill Transit Oriented Development Project site. BE IT FURTHER RESOLVED that the City Council authorizes City Manager or her designee to execute any other documents necessary to fulfill the terms of the Purchase and Sale Agreement, including escrow documents. BE IT FURTHER RESOLVED that the City Council determines the purchase of the Property is exempt under CEQA, pursuant to section 15301 of the Guidelines, because the purchase and use of the Property would involve negligible or no expansion of the existing use of the structures and/or facilities, thus it is categorically exempt. PASSED and ADOPTED this 17th day of June, 2014. 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: June 17, 2014 AGENDA ITEM NO. 43 TEM TITLE: Resolution of the City Council of the City of National City awarding Paul W. Ralph dba Wavetec Construction the contract for the completion of improvements on the real property located at 726 W. 19th Street in the amount of $275,000.00 to allow for the relocation of National City Public Works facilities from 2100 Hoover Avenue, the future site of a 201-unit affordable housing project commonly referred to as the Westside In -Fill Transit Oriented Development Project, without competitive bidding based on findings that there is no ascertainable competitive advantage to the City; authorizing the Mayor to execute the contract (Short Form Services Agreement) between the City and Paul W. Ralph dba Wavetec Construction; and, authorizing the appropriation and corresponding revenue increase of $275,000.00 to cover the cost of improvements. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROV ACCOUNT NO. APPROVED: Revenue Account #001-06029-3648 (WI-TOD Site Infrastructure) Expenditure Account #001-409-500-598-1595 (Public Works Facility Relocation Project) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report and Explanation 2. Short Form Services Agreement 3. Resolution Background Report and Explanation As part of the Westside Infill Transit Oriented Development (WI-TOD), also known as the Paradise Creek Affordable Housing Project, Development and Disposition Agreement (DDA), the National City Public Works (PW) operations at 2100 Hoover Avenue will need to relocate to other sites in order to complete environmental remediation and development of 201 affordable housing units for the WI-TOD Project. Completion of Improvements at 726 West 19th Street. The City has negotiated the purchase of a 0.13 acre site which fits the needs of PW operations and provides 5,247 sq. ft. of useable building area including office space and off-street parking. The property is commonly known as 726 West 19th Street, National City, California 91950 (the Property). However, the Property requires the completion of specific improvements. The City developed improvement plans for the property to accommodate PW operations using an on -call architectural firm, who subsequently provided an independent Opinion of Probable Construction Costs (OPCC) report based on those plans. The architectural firm has a record with the City of preparing accurate OPCC reports for projects of this type. Therefore, staff has a high degree of confidence in their work. The OPCC report estimates the cost of the improvements at $521,109. The City negotiated the cost of completing the improvements in conformance with the developed plans with the owner of the Property at $275,000. An owner of the Property is a California licensed contractor and as such is specially positioned with the Property to complete the improvements while it is in escrow for a significant cost and time savings to the City. All aspects of the Public Contract Code as to prevailing wage, bonding, insurance and general contract provisions will be required and followed. Competitive Bidding is Not Required For Improvements. Competitive bidding for public entities is not a mandatory requirement "where the nature of the subject of the contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable, impractical, or impossible." Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635-636. "Where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable." Graydon, supra, 104 Cal. App. 3d at 636. Due to highly unusual circumstances of having a specially situated owner/contractor who can produce the improvements at a greatly reduced cost and time savings, competitively bidding the improvements for the Property at an estimated 47% increase in direct costs to the City would be incongruent with the legislative purpose of the Public Contract Code for competitive bidding and would not produce an advantage to the City. -I- CONCEPTUAL SUBMITTAL OPINION OF PROBABLE CONSTRUCTION COST L&A NO.14.663.1 PUBLIC WORKS RELOCATION 726 W 19T" STREET NATIONAL CITY, CALIFORNIA JUNE 9, 2014 Prepared for: Platt!Whitelaw Architects, Inc. Prepared by: Leverton & Associates LLC (619) 258-1675 -2- ESTIMATE NOTES A ESTIMATE FORMAT & PROJECT DETAILS e ESTIMATE FORMAT: A CSI format Opinion of Probable Construction Cost for 726 W 191' Street, Public Works Relocation, National City, California. • PROJECT DETAILS: The project Includes construction costs to remodel an existing 5,021 square foot warehouse for public works facilities relocation. B ESTIMATE — OPINION OF PROBABLE COST & PROJECT SCOPE • ESTIMATE — BUDGETARY OPINION OF PROBABLE COST: An Opinion of Probable Cost shall be construed as an indefinite evaluation of cost based upon historical cost data derived from similar projects, produced from written or drawn information provided during design stages of a project. Since we have no control oven the cost of labor, materials or equipment or over the contractor's method of determining his prices: or over competitive bidding or market conditions, we do not guarantee the accuracy of such opinions as compared to contractor bids. Allowances as appropriate are induded for items of work which are not indicated, provided that the Estimator Is made aware of them, or which in the judgement of the Estimator are required for completion of the work. We cannot, however, be responsible for inclusion of Items or work of which we have not been informed. • PROJECT SCOPE: The user is cautioned that significant changes in the project scope after completion of the Cost Estimate can cause major cost changes. In these circumstances, we should be notified, and an appropriate adjustment made to the Cost Estimate. C BIDDING AND CONSTRUCTION • COMPETITIVE BIDS & LABOR RATES: The estimate is based on competitive bid situations, with a minimum of 5 (five) general contractor bids and 3 (three) subcontractor bids per trade. Labor rates are based on a Prevailing Wage contract. -3- LEVERTON & ASSOCIATES LLC CSI DIVISION FORMAT OPINION OF PROBABLE CONSTRUCTION COST PROJECT: Warehouse. 726 W 19th Street, National City, CA FILE NO: 863-1 STATUS: Conceptual Submittal DATE: 06/09/14 DESC: Public works relocation to an existing warehouse AREA GSF: 5,021 DNV. TOTAL NO, COST 010 GENERAL REQUIREMENTS 10.00% 39.606 020 EXISTING CONDITIONS / SITE CONSTRUCTION - 414,390- 030 CONCRETE 12,500 040 MASONRY - 050 METALS 24,500 060 WOOD AND PLASTICS 24,585 070 THERMAL & MOISTURE PROTECTION 12,702 080 DOORS AND WINDOWS 3,300 090 FINISHES 38,049 100 SPECIALTIES 1,815 110 EQUIPMENT 4,300 120 FURNISHINGS 130 SPECIAL CONSTRUCTION - 140 CONVEYING SYSTEMS - 210 EIRE PROTECTION 24,184 220 PLUMBING 14,000 230 HVAC 57,721 260 ELECTRICAL 56,486 270 COMMUNICATIONS 7,532 280 ELECTRONIC SAFETY & SECURITY - SUB -TOTAL DIRECT COST 435,668 - CONTRACTORS OVERHEAD & PROFIT 8.00% 34,853 SUB-TOTAL -473,52P BONDS & INSURANCES 3.00% -14,416 SUB -TOTAL -• 638 CONTINGENCY 10.00% -46,464 SUB-TOTAL -533,101 ESCALATION (2014 Construction Cost) 0,00% - TOTAL ESTIMATED CONSTRUCTION COST -593101 i 06_17 Cost Per Grans Square Foot Notes: Excludes A & E fees, permits and fees, testing and Inspections Excludes any hazardous material abatement Page 1 104,590' 425,868 34,069 459,937 13,798 473,735 47,373 521,109 521,109 99.32 -4- LEVERTON & ASSOCIATES LLC CSI DIVISION FORMAT OPINION OF PROBABLE CONSTRUCTION COST FILE NO: 883-1 jDATE: 06/09/14 DIV. EST. UNIT UNIT TOTAL. NO. DESCRIPTION QTY COST COST 01000 GENERAL REQUIREMENTS 1 General Requirements (10.00%) 1 LS 39,606.23 39,606 H SUB -TOTAL DIV. # 01000 39,606 02000 EXISTING CONDITIONS / SITE CONSTRUCTION 02100 EXISTING CONDITIONS - 1 Remove exstg site steps & planter 1 LS 500.00 500 Remove exstointerior wane 1-windows 41041-) - - - - 30.00-1- - - - -8280- - - 3 Removeexstg-Intetier-deor,-freme-&-hdwe - - - - - 16 EA -,- - --109.00- 1-808 4 Remove exstg flooring 2,737 SF 1.00 2,737 5 Remove exstg ceilings 2,500 SF 1.00 2,500 8 Remove exstg stair& handrail 1 LS 1,500.00 1,500 7 Remove exstg guardrail 30 LF 10.00 300 8 Remove exstg accessories / specialties 1 LS 250.00 250 9 Remove exstg plumbing flxtures 2 EA 250.00 500 10 HVAC equipment demolition 5,021 SF 0.75 3,766 11 I-1VAC distribution demolition as required 5,021 SF 1.00 5,021 12 Electrical demolition 5,021 SF 0.75 3,766 02600 PIPED UTILITIES - 1 Fire service to property tine, Ind service fee 1 LS 20,000.00 20,000 2 Water line, fire 100 LF 105.00 10,500 3 Beddow preventer 1 EA 9,500.00 9,500 02800 SITE IMPROVEMENTS - 1 Handicap striping & signage 1 EA 750.00 750 2 3 Ornamental steel fence, 8' high 50 LF 200.00 10,000 Ornamental steel fence, 2' high o/ exstg wall 60 LF 50.00 3,000 4 Rolling ornamental steel gate, motor 1 EA 30,000.00 30,000 SUB -TOTAL DIV. # 02000 -144,399 - 104,590 03000 CONCRETE 03300 CAST -IN -PLACE CONCRETE - 1 Patch exstg concrete slab as required (allowance) 1 LS 2,500.00 2,500 2 Mc concrete footings - column l s/partttlons 1 LS 10,000.00 10,000 SUB -TOTAL DIV. # 03000 12,500 05000 METALS 05100 STRUCTURAL STEEL - 1 Additional sugkortinacolumns as needed 1 LS 5,000.00 5,000 05500 MISC METALS - 1 Handrail, stair 32 LF 150.00 4,800 2 Guardrall, 2nd floor 38 LF 150.00 5,700 3 Chain link fencing 8' 56 LF 75.00 4,200 4 Chain link gate, dbl 6 EA 800.00 4,800 Page 2 -5- LEVERTON & ASSOCIATES I.LC CSI DIVISION FORMAT OPINION OF PROBABLE CONSTRUCTION COST FILE NO: 863-1 DATE: 06/09/14 DIV. EST. UNIT UNIT TOTAL NO. DESCRIPTION QTY COST COST SUB -TOTAL DIV. 005000 24,500 06000 WOOD & PLASTICS 06100 ROUGH CARPENTRY 1 Wood IntlII floor framing & plywood at stair 80 SF 40.00 3,200 2 Wood formed star 1 EA 4,000.00 4,000 3 Wood stud with OSB each side, interior wall 1,170 SF 13.00 15210 06400 ARCHITECTURAL WOODWORK - 1 Base cabinet & pia lam top 5 LF 285.00 1,425 2 Wall cabinet 5 LF 150.00 750 SUB -TOTAL DIV. # 06000 24,585 07000 THERMAL & MOISTURE PROTECTION 07200 INSULATION - 1 Batt Insulation, roof 5,021 SF 1.50 7,532 2 Batt insulation, Intwall 1,170 SF 1.00 1,170 07600 FIASHING & SHEET METAL - 1 Replace gutters & downspouts 1 LS 4,000.00 4,000 SUB -TOTAL DIV. # 07000 12,702 08000 DOORS AND WINDOWS 08100 DOORS & FRAMES ., - 1 Relocate exstg door & frame, Interior 1 EA 300.00 300 08710 DOOR HARDWARE - 1 Finish hardware replacement 1 LS 3,000.00 3,000 SUB -TOTAL DIV.* 08000 3,300 09000 FINISHES 09200 GYPSUM BOARD ' 1 Gyp board, 5/8' type X / wtrprf, wall 640 SF 3.00 1,920 2 Gyp board, 5/8" type X ceiling 63 SF 10.00 630 09300 1 TILE - Tile floor, 1st floor restroom 63 SF 15.00 945 2 Tile wainscot, 1st floor restroan 128 SF 15.00 1,920 09600 FLOORING - 1 Clean & seal concrete 2,793 SF 1.50 4,190 2 Epoxy flooring 2,165 SF 8.50 18,403 09900 PAINTING - 1 Interior painting 5,021 SF 2.00 10,042 SUB -TOTAL DIV. 8 09000 38,049 Page 3 -6- LEYEFrrON & ASSOCIATES LAC CSI DIVISION FORMAT OPINION OF PROBABLE CONSTRUCTION COST FILE NO: 883.1 DATE: 06/09/14 DIV. EST. UNIT1 UNIT TOTAL NO. DESCRIPTION QTY COST COST 10t100 SPECIALTIES 10800 TOILET ACCESSORIES - 1 Toilet paper dispenser 1 EA 90.00 90 2 Seat cover dispenser 1 EA 95.00 95 3 Grab bars 2 EA 120.00 240 4 Soap dispenser 1 EA 115.00 115 5 Mirror 1 EA 100.00 100 6 Paper towel dispenser 1 EA 175.00 175 10900 MISCELLANEOUS SPECIALTIES 1 Signage, room / miss 1 LS 1,000.00 1,000 SUB -TOTAL DIV # 10000 1,815 11000 1 EQUIPMENT Appliances - microwave & undercounter fridge 1 LS 800.00 800 2 Warehouse - panel saw (allowance) 1 LS 3,500.00 3,500 SUBTOTAL DIV. # 11000 4,300 21000 FIRE PROTECTION 1 Fire sprinklers (design -build) 5,021 SF 4.00 20,084 2 air valve riser 1 EA 4,100.00 4,100 SUB -TOTAL DN. # 21000 24,184 22000 PLUMBING Fixtures & Piping _ 1 Water closet 1 EA 3,000.00 3,000 2 Lavatory 1 EA 3.000.00 3,000 3 Sink 1 EA 3,000.00 3.000 4 U0i sink 1 EA 3,000.00 3,000 Equipment Water heater, Instantarreous 2 EA 1,000.00 2,000 SUB -TOTAL DIV. # 22000 14,000 23000 HVAC E.ui. 1 Unit heaters & ventilation equ pment 5,021 SF 5.50 27,616 2 , , HVAC dislributton 5,021 SF 5.00 25,105 3 4 Exhaust fan, restrooms 2 EA 500.00 1.000 Exhaust fan & filter. woodworking area 1 LS 4,000.00 4 0000 SUB -TOTAL DIV. # 23000 57,721 23 ELECTRICAL 1 Modify / relocate exstg panels 5,021 SF 1.00 5,021 Page 4 -7- LEVERTON & ASSOCIATES LLC CSI DIVISION FORMAT OPINION OF PROBABLE CONSTRUCTION COST FILE NO: 863-1 DATE: 08/09/14 or EST. UNIT UNIT TOTAL NO. DESCRIPTION QTY COST COST _ 2 Equipment connections 5,021 SF 3.00 15,063 3 . h ., controls, canduil & Wire 5,021 SF 5.50 27,818 4 Devices, receptacles 5,021 SF 1.75 8.787 SUB -TOTAL DIV. # 28000 58,488 27000 COMMUNICATIONS 1 Data connections at work spaces / break area 5,021 SF 1.50 7,532 SUB -TOTAL DIV. #27000 7,532 Page 5 -8- EXHIBIT "C" ADDITIONAL IMPROVEMENTS CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH THIS CONSTRUCTION CONTRACT is entered into this 12th day of June, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PAUL W. RALPH, an individual residing in the County of San Diego, State of California, dba WAVETEC CONSTRUCTION, a California licensed contractor (the "CONTRACTOR"). RECITALS A. CITY desires to purchase the property know as 726 W 19`s Street, National City, CA 91950 (the "PROPERTY"). B. The owners of the PROPERTY, Paul W. Ralph, Michelle L. H. Ralph and Stephen Johnston desire to sell the PROPERTY to CITY. C. Wavetec Construction is wholly owned by Paul W. Ralph, an owner of the PROPERTY. D. CITY and the owners of the PROPERTY intend to enter into a Purchase and Sale Agreement (the "PSA") for the sale of the PROPERTY to CITY and to deposit the PSA into escrow concurrently with this Agreement. E. CITY developed improvement plans for the PROPERTY that would make the site suitable for its intended use by the CITY'S Public Works Department. F. CITY received an independent architect's estimate for the improvements indicated on the improvement plans from a proven and reliable professional. G. CONTRACTOR has provided CITY a price for the services and improvements that are the subject of this Agreement with a completion date consistent and concurrent with the sale of the PROPERTY. H. CONTRACTOR's price is significantly less than the independent architect's estimate for improvements. Due to the significant savings of cost with CONTRACTOR over the cost to perform the same work if CITY were to publicly bid the project and considering CONTRACTOR'S unique position as owner to be able to provide the savings there is no competitive advantage or public good served to bring this contract to public bid. Revised August 2011 -9- NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions and incorporates the above recitals, appendices, attachments, exhibits and referenced materials into this Agreement: 1. Description of Services. CONTRACTOR shall provide services and install improvements as outlined in attached, Exhibit "A", generally described as follows: Structural and real property improvements to the real property located at 726 W. 19th Street, National City, CA 91950. 2. Length of Agreement. The schedule is set forth below: a) Work commence within five (5) working days of THE notice to proceed; and b) Work will be completed within fifty (50) working days of execution of this contract. 3. Compensation. The total compensation to CONTRACTOR for providing the services and improvements set forth in in Exhibit "A" shall be the lump sum amount of $275,000.00. CONTRACTOR's lump sum price is based on all workers being paid the current California prevailing wage. CONTRACTOR shall provide certified payroll documents upon request by the City. 4. Payment Schedule. CITY will make payment to CONTRACTOR for the satisfactory completion services and installation of improvements as defined herein at the close of the escrow opened on about June 18, 2014 for the sale of the property located at 726 W. 19th Street, National City, CA 91950. 5. Termination. CITY may terminate this Agreement at any time by providing written notice to CONTRACTOR. If CITY terminates this contract without cause brought about by CONTRACTOR or the seller of the property at 726 W 19th Street the City shall compensate CONTRACTOR for all costs incurred in furtherance of the work described herein up to and including the date of the delivery of the Notice of Termination. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: 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. 2 -10- D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and fmancial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal fmancial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent Califomia List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: City Attomey's Office 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 3 -11- 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 11. Construction Permit. After execution of the Contract and prior to beginning work, the Contractor shall obtain a building/construction permit with the City of National City. The no cost permit can be obtained at the City of National City Building Department from 7:00 a.m. to 6:00 p.m., Monday through Thursday. The permittee shall first provide the following documents at the permit counter with proof that the policies/licenses are current: 1. Workers Compensation Insurance Certificate. 2. General Liability Insurance Certificate. 3. City Business License. 4. Contractor's License and Subcontractor's License (if any) in required classification(s). 5. A copy of Notice of Contract Award. 12. Bonds. CONTRACTOR, simultaneously with the execution of the Contract, will be required to furnish a faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price and a Payment Bond in an amount equal to one hundred percent (100%) of the Contract price. Contract Surety Bonds shall be issued by a surety who meets the criteria for sufficiency set forth in Section 995.660 and 995.670 of the California Code of Civil Procedure. (see Attachment B-Performance Bond & Attachment C-Payment Bond) 13. Listing of Subcontractors. As required under the provisions of Section 4100 et seq. of the California Public Contract Code, any person making a bid or offer to perform the work shall, in his/her bid or offer, list: a. The name and location of the place of business of each subcontractor who will perform work or labor, or render service to the prime CONTRACTOR in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the primary contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the Prime CONTRACTOR's total bid. b. The portion of the work that will be done by each such subcontractor under this act. The CONTRACTOR shall list only one subcontractor for each portion of the work as defined by the in his/her bid. 14. Construction Safety. In addition to Section 6700 et seq. of the California Labor Code, in the event any proposal includes the excavation of any trench or trenches five feet (5') or more in depth, the successful bidder shall submit for acceptance by the City of National City, in 4 -12- advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The shoring and bracing plan shall be signed by a qualified Registered Engineer. In the event any proposal includes the construction of a pipeline, sewer, sewer disposal system, boring and jacking pits, or similar trenches or open excavations which are five feet (5') or deeper, each bid shall include adequate sheeting, shoring and bracing, or equipment method, for the protection of life or limb, which shall conform to the applicable safety orders. The CONTRACTORis required to comply with the State of California Construction Safety Orders (CAL/OSHA) for securing safety in places of employment. 15. Civil Rights. The City of National City hereby notifies the CONTRACTORthat it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on grounds of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or sexual orientation, in consideration for an award. 16. American with Disabilities Act. The CONTRACTORacknowledges its obligations under the Americans with Disabilities Act (ADA) in all regulations and practices pertaining thereto, including but not limited to discrimination against qualified individuals with disabilities in employment, transportation, public accommodation, telecommunications, and in all activities, programs, and services of the contractor. 17. Certified Payroll. This project requires the payment of California State Prevailing Wages. The CONTRACTORwi11 be required to submit certified weekly payroll reports for all workers employed on the project in a form acceptable to the Engineer and as per requirements of the State of'California Department of Industrial Relations. The CONTRACTOR shall submit a "Statement of Non -Performance" for each week that no work was performed on site. Each sub -contractor shall submit a "Statement of Non -Performance" for each week that no work was performed on site, beginning with week one of the Project. 18. Registered Apprentices. CONTRACTOR shall be required to employ Registered Apprentices in accordance with Sections 1777.5 and 1777.6 of the State of California Labor Code. 19. Notary Public. A11 signatures on the Contract and both required surety bond forms shall be notarized on each document. 20. General Contract Conditions. The General Contract Conditions attached as Attachment "A" are binding upon CONTRACTOR and are incorporated herein as though fully set forth. 21. The Following Documents Must be Completed, Signed and Submitted. 21.1 Prior to Start of Construction 5 -13- Attachment B (Performance Bond) Attachment C (Payment Bond) Attachment D (Certificate Regarding Contractor's License) Attachment E (Designation of Sub -Contractors) Attachment F (Certificate of Workers Compensation Insurance) Attachment G (Emergency Notification List) 21.2 During Construction Weekly Certified Payroll Statements (State of California) if requested by the City Changes to Work Schedules 21.3 At Completion of the Project Attachment H (Guarantee Agreement) Attachment I (Contractor's Certification of Completion) Attachment J (Contractor's Affidavit of Payment Attachment K (Consent of Surety for Final Payment) Attachment L (Contractor's Affidavit of Disposal) Other specific documents required in this project and referenced herein 22. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. 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. C. 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. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. 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. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. 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 6 -14- 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. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assignts of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting; preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) 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, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Signature page to follow 7 -15- CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4583 Fax: (619) 336-4397 Contact: Byron Wade Title: Project Manager Email: Byron@projectprofessionalscorp.com PAUL W. RALPH By: (Name) (Print) PAUL W. RALPH dba WAVETEC CONSTRUCTION 3919 Grevillia Way Bonita, CA 91902 Phone: (619) 370-7444 Contact: Paul W. Ralph Title: Owner Email: Paul@YYKinc.com Contractor's License: 644292 8 -16- ATTACHMENT A GENERAL CONTRACT CONDITIONS SECTION 3 - CONTROL OF MATERIALS 3.1 MATERIALS AND WORKMANSHIP 3.1.1 Protection of Work and Materials. 3.1.2 Property Rights in Material. Nothing in the contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil. All such materials shall become the property of the City upon being so attached or affixed. SECTION 5- DEFAULT BY THE CONTRACTOR. 5.1 General. The City will consider the Contractor in default of the Contract if prior to the Acceptance, the Contractor: a) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise fmancially unable to complete the Work, b) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion, c) materially violates provisions of the Contract Documents, d) fails to complete the Work in the time allotted in the contract, e) disregards laws or regulations of any public body having jurisdiction, or f) commits continuous or repeated violations of regulatory or statutory safety requirements, then 5.2 Notice to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall immediately commence satisfactory corrective 'actions after receipt of a Notice to Cure. No Notice to cure is required if the Contractor fails to complete the Work in the time allotted in the contract. 5.3 Notice of Termination for Default. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the City will consider the Contractor in default of the Contract and: a) will terminate the Contractor's right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety, b) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and c) may furnish labor, equipment, and materials the Agency deems necessary to secure and maintain the Work site. The provisions of this subsection shall be in addition to all other legal rights and remedies available to the City. Initials -17- The Contractor shall be entitled to no further payment until the remaining portion of the Work has been completed. The Contractor will be paid the actual amount due based on Contract Unit Prices or lump sum price and the quantity of the Work completed at the time of default, less damages caused to the City by acts of the Contractor. Costs incurred by the City in performing the Contractor's work, plus a markup of 15% on those costs for overhead, shall be deducted from monies due or to become due to the Contractor. The Contractor shall pay to the City any amount by which those costs and markup exceed the unpaid balance of the Contract Price. 5.4 Responsibilities of the Surety. Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the City may do so, and may recover all costs incurred. The Surety shall notify the City that it is assuming all rights, obligations and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. Within five (5) Working Days of receipt of the written notice of termination for default, the Surety shall submit to the City a written plan detailing the course of action it intends to take to remedy the default. The City will review the plan and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the City, the City may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the City deems to be expedient. The cost of completing the Work by the City shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay to the City, within 30 days after the City submits an invoice, all costs in excess of the remaining Contract Price. The provisions of this subsection shall be in addition to all other rights and remedies available to the City under law. 5.5 Payment. The Surety will be paid for completion of the Work in accordance with this Contract less the value of damages caused to the City by acts of the Contractor. SECTION 6- TERMINATION OF THE CONTRACT FOR CONVENIENCE. The City may terminate the Contract in whole or, from time to time, in part, if it becomes impossible or impracticable to proceed, because of conditions or events beyond the control of the City. The City will issue a written notice of termination for convenience in accordance with "SPECIAL NOTICES." Upon receipt, the Contractor shall immediately proceed as follows: a) Stop Work immediately or in accordance with the Notice of Termination. b) Notify Subcontractors and suppliers to immediately cease their work and place no further subcontracts for materials, services, or facilities, except as necessary to complete any authorized continued portion of the Contract. Initials -18- c) Terminate all Subcontracts to the extent that they relate to the Work terminated. d) With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts; the approval of which will be final for purposes of this section. e) As directed by the Engineer, transfer the title and deliver to the City; completed or partially completed drawings, plans, calculations, specifications and any other documents and records that, if the Contract had been completed, would be required to be furnished to the City. f) Complete performance of the Work not terminated. g) Take all necessary steps and actions to minimize all costs to the City as a result of the termination. h) Take any action that may be necessary, or that the Engineer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the City has or may acquire an interest. The Contractor will be paid without duplication for: a) work completed in accordance with the Contract Documents prior to the effective date of termination for convenience; b) reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and c) reasonable expenses directly attributable to termination. The Contractor shall submit a final termination settlement proposal to the City no later than 90 days from the effective date of termination, unless extended, in writing, by the City upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within 30 days of receipt of payment. Any amount due shall be as later determined by arbitration, if the City and the Contractor agree thereto, or as fixed in a court of law. All settlements related to termination of the contract in accordance with this section will be subject to the approval of the Mayor or designee and may also require City Council approval before ultimately becoming final. 6.1 Termination Settlement. After termination, the Contractor shall submit a final termination settlement proposal to the Engineer in the form and with the certification prescribed by the Engineer. The Contractor shall submit the proposal promptly, but no later than 6 months from the effective date of termination, unless extended, in writing, by the Engineer upon written request of the Contractor within this 6 month period. If the Engineer determines that the facts justify it, a termination settlement proposal may be received and acted on after 6 months or any extension. If the Contractor fails to submit the proposal within the time allowed, the City may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due the Contractor as a result of the Initials _19_ termination and pay the amount determined. If the Contractor does not agree that the amount determined by the Engineer is fair and reasonable and if the Contractor givesnotice of such disagreement to the City in accordance with this subsection, within 30 days of receipt of payment, then the amount due shall be as later determined by arbitration, if the City and the Contractor agree thereto, or as fixed in a court of law. 6.2 Payment to the Contractor Due to Termination. Subject to 6.1, "Termination Settlement" the Contractor and the Engineer may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. The agreed amount may not exceed the total dollar amount authorized by the City as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated. The contract shall be amended, and the Contractor paid the agreed amount. Subsection 6.3, "Failure to Agree on Payment," shall not limit, restrict, or affect the amount that may be agreed upon to be paid in accordance with this subsection. 6.3 Failure to Agree on Payment. If the Contractor and the City fail to agree on the whole amount to be paid because of the termination of Work, the City will pay the Contractor the fair and reasonable amounts determined in good faith by the City as follows, but without duplication of any amounts agreed upon. a) The Contract Price for completed services accepted by the City not previously paid or adjusted for any saving of freight and other charges. The total of: i. The costs incurred in the performance of the Work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to services paid or to be paid; ii. The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract if not included in subdivision "a", above; iii. A sum, as provided in subdivision "a", above, determined by the Engineer to be fair and reasonable under the circumstances; however, if it appears that the Contractor would have sustained a loss on the entire contract, had it been completed, the City will allow no profit and shall reduce the settlement to reflect the indicated rate of loss. iv. The reasonable costs of settlement of the Work terminated, including: v. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data; vi. The termination and settlement of subcontracts (excluding the amounts of such settlements); and vii. Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of property in which the City has or may acquire an interest. 6.4 Determination of Amount Due the Contractor. In arriving at the amount due the Contractor in accordance with this section, there shall be deducted: a) The fair value of property destroyed, lost, stolen, or damaged that has become undeliverable to the City except to the extent the City expressly assumed the risk of loss; Initials -20- b) all un-liquidated advance or other payments to the Contractor under the terminated portion of this contract; c) any claim which the City has against the Contractor under this contract; and d) the agreed price for or the proceeds of sale of materials, supplies, or other things acquired by the Contractor or sold under the provisions of this section and not recovered by or credited to the City. 6.6 Records and Documents Relating to Termination. Unless otherwise provided in the Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for three (3) years after final settlement. This includes all books and other evidence bearing on the Contractor's costs, expenses, and settlement under this contract. The Contractor shall make these records and documents available to the City, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Engineer, photographs, microphotographs, and other authentic reproductions may be maintained instead of original records and documents. 6.7 Rights of the City Preserved. Where the Contract has been terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies paid to the Contractor by the City shall not release the Contractor from liability. 6.9 Contract Time Extension. A claim for extension in Contract Time will not be granted unless agreed upon by the City. SECTION 7 TIME OF COMPLETION The Contractor shall have FIFTY (50) working days to complete and finalize the project. For each consecutive calendar day in excess of the time specified for completion of this portion of Work, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $500 (Five Hundred Dollars per calendar day.) 7.1 Requirements Preparatory To Requesting a Walk-through. Walk-through is the procedure used by the City to generate a Punch list prior to Acceptance. The following items shall be required prior to requesting a walk-through: a) Remove temporary facilities from the Site. b) Thoroughly clean the Site. c) Provide completed and signed as-builts in a form acceptable to the City. d) Provide all material and equipment maintenance and operation instructions and/or manuals. e) Provide all tools that are a permanent part of equipment installed in the Project. f) Provide and properly identify all keys; construction and permanent. g) Provide all final Special Inspection reports required by the applicable building Code. Initials -21- h) Provide all items that this contract requires to be supplied as extra stock. All items shall be wrapped, sealed, or placed in a container as necessary to allow for storage by the City for future use. The amount specified in this contract shall be verified by the City and the Contractor. i) Ensure all EOCP documents and certified wage rate documents (if applicable) have been submitted from the NTP until Acceptance. j) The spare parts for the proposed irrigation system as specified in the Special Provisions (if applicable). k) See other specification sections for additional requirements. 7.1 Walk-through and Punch list Procedure. The following procedure outlines the steps to be taken upon the Contractor's assertion that the Project is complete: a) When the Contractor considers that the Work and Services are complete, the Contractor shall in writing notify the City that the Project is complete and request that the City perform a walk-through for generation of a Punch list. The Contractor shall notify the City at least seven (7) days in advance of the time the walk-through is to be performed. b) The City will determine if the Contractor is ready for a walk-through by verifying whether the Contractor has provided or completed all items, whether the Contractor has obtained the applicable certifications, and by evaluating completeness by inspecting the Project and the specified Work required by the Contract Documents. c) The City will facilitate a walk-through. d) The Contractor shall make available at the Site for walk-through attendees the plans and specifications and the technical data such as submittals and equipment manuals. e) The City will generate the Punch list within two (2) Working Days from the date of the walk-through and submit it to the Contractor. f) If, at any time during the City's evaluation of the corrective Work required by the Punch list, the City discovers that additional corrective Work is required, the City may include that corrective Work in the Punch list. The Contractor shall be solely responsible for the Site until the Project is completely operational, all Punch list items have been corrected, and all operation and maintenance manuals have been accepted by the City. g) The City will meet with the Contractor until all Punch list items are corrected. h) All corrective work must be completed within the original contract time allotted. i) Upon Acceptance, the Contractor shall assemble and deliver to the City all records, documents, warranties, material certifications, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties, except manufacturer's standard printed warranties, shall be on the Contractor's and the Contractor's agents, material suppliers, installers, or manufacturer's letterhead, addressed to the Contractor. Warranties shall be submitted in the format described in this section, modified as approved by the City to suit the conditions pertaining to the warranty. Initials -22- 7.2 RETENTION. In lieu of a 5% retention as required by the Public Contracts Code, the Contractor shall provide unconditional releases from all suppliers and subcontractors for any and all work done at the Property. SECTION 8- LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $500 Five Hundred Dollars per calendar day. Execution of the Contract shall constitute agreement by the City and the Contractor that Five Hundred Dollars ($500) per day is the minimum value of the costs and actual damages caused by the failure of the Contractor to complete the Work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. The City and Contractor agree that time is of the essence for this project and that the City may at its discretion demand delivery of the Property and close of escrow if the Work is not complete within the time allotted for this contract. However, it is the intent of the parties that the contract time can be extended by the City for reasonable causes outside of the control of the Contractor if the City upon its own determination can delay the occupation of the Property. SECTION 9- GUARANTEE In conjunction with the manufacturer's warranty/guarantee for all products provided and in accordance with the executed guarantee agreement, all work shall be guaranteed by the Contractor for a period of one (1) year from the date of acceptance of the work against defective workmanship and materials furnished by the Contractor. The Contractor shall promptly replace or repair, in a manner satisfactory to the Engineer, any such defective work, after notice to do so from the Engineer, and upon the Contractor's failure to make such replacement or repairs promptly, the City may perform this work and the Contractor and his surety shall be liable for the cost thereof'. SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR 10.1 LABOR 10.1.2 Laws. Pursuant to Sections 1720 et seq. and 1770 et seq. of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate or per diem wages are on file in the City Engineer's office, which copies shall be made available to any interested party on request at the posted reproduction charge. The successful bidder shall post a copy of such wage determinations at each job site. SECTION 11- PROJECT SITE MAINTENANCE Initials -23- 11.1 General. Contractor shall recycle all designated recyclable materials in compliance with the City of National City Municipal Code Chapter 15.80, Construction and Demolition Debris (Ordinance No. 2009-2309). Such materials are, but not limited to, concrete, asphalt, dirt, metals, road base material, wood waste, paper products and tree trimmings. Further, the higher economic costs of landfill disposal versus the lower cost of recycling disposal make it in each contractor's best interest to recycle as much as possible. Proof of compliance with City of National City Municipal Code Chapter 15.80 shall be provided by both completing the Contractor's Affidavit of Disposal, and fulfilling the requirements of Chapter 15.80, including proof of diversion regardless of disposal site. SECTION 12- WATER POLLUTION CONTROL SITE MANAGEMENT (SWPPP) AND GENERAL ENVIRONMENTAL CONDITIONS. 12.1 General. At a minimum, the Contractor shall be required to do the following: Protect all new and existing storm water conveyance system structures from sedimentation and concrete rinse, or other construction related debris and discharges with gravel bags and filter fabric or by any other equal product that is approved by the Resident Engineer. Temporary gravel bags shall be installed, maintained, and later removed as approved by the Resident Engineer. The Contractor will not be paid any additional money for the maintenance, removal and replacement of gravel bag at the same location. Gravel bags fill material shall be one-half to one -inch Class 2 aggregate base, clean and free from clay and deleterious material. Gravel bag fabric shall be woven high -density polyethylene fabric with a minimum unit weight of 5 oz./square yard. The fabric shall have a Mullen burst strength of at least 350 psi, conforming to the requirements of ASTM Designation D 3786, and an ultraviolet (UV) stability exceeding 70 percent. Gravel bags, when filled, shall have nominal dimensions (length x width x height) of 16 in. x 12 in. x 6 in., and a fill mass of 35 to 60 pounds. The Contractor shall use other methods if pending will encroach in to the traffic or onto erodible surfaces and slopes. Flow from a severe storm shall not overtop the curb. Temporary gravel bags shall be maintained to provide for adequate sediment holding capacity. The Contractor shall remove the sediment behind the barrier when it reaches one-third the height of the barrier and immediately before and after each storm event. When no longer required for the intended purpose, temporary gravel bag barriers shall be removed from the site of work. Storm drain inlet sediment control measures shall be of sufficient capacity and dimensions so as to handle received flows and debris without blocking or diverting flows from the inlets. Area around the inlet shall be provided for water to pond without flooding structures and property. The storm drain inlet sediment control measures shall not impede the safe flow of traffic. The storm drain inlet sediment control measures shall be of sufficient weight so as not to shift out of place, or shall be secured in place against movement. Protect all drainage structures within 100 Feet of the work if there is a threat to water quality. Inlet sediment control measures shall be maintained daily or more often if needed. Maintaining inlet sediment control measures shall include removing and disposing of accumulated trash & debris when depth exceeds one -third the height of filter/trap. Waste materials shall be removed and disposed in accordance with the Green Book Maintaining inlet sediment control protection shall also include daily checks for excessive debris and for damaged inlet sediment control measures. Damaged inlet sediment control measures shall be repaired or replaced immediately. Initials -24- When storm drain inlet protection is no longer required for the work, as approved by the Resident Engineer, the inlet sediment control measures shall be completely removed. Storm drain inlet protection shall not be removed until upstream soils are stabilized. Materials for inlet sediment control shall become the property of the contractor and shall be removed from the site of the work and disposed off -site as specified in the contract. It is the contractor's responsibility to insure that the BMP's are operational and working properly. Furthermore, the Contractor shall be held responsible for any citation and/or fine due discharges or malfunctioning of the BMP's. Contractor shall be responsible for any and all other best management practices (BMPs) that are a threat to the water quality as deemed necessary by the City Engineer. Compensation shall be paid under the various line items. No additional compensation shall be paid. 12.2 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all applicable standards, orders, or requirements of the Environmental Protection Agency regulations (40 CFR, Part 15). 12.3 FLOOD DISASTER PROTECTION ACT OF 1973.The Contractor shall comply with all applicable standards, orders, or requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001 etseq, as amended). 12.4 GRAFFITI CONTROL. The Contractor shall maintain all site improvements, including any temporary facilities, equipment or other materials in a graffiti free condition throughout the construction period, until acceptance of the project by the City. Graffiti encountered on the job site shall be removed by the Contractor within twenty-four (24) hours. Costs for removal shall be included in the various items of work. 12.5 NOISE ABATEMENT AND CONTROL. The Contractor shall comply with the provisions of the City of National City Municipal Code, Noise Abatement and Control, and the County of San Diego Code of Regulatory Ordinances, Noise Abatement and Control. In the event of conflict, the most stringent requirement shall apply. If the Contractor chooses to conduct work activities during times when a Noise Permit is required, the Contractor shall apply for, obtain, and pay for the Noise Permit at no additional cost to City. The Contractor shall coordinate their activities in such a way that minimizes the disturbance with the any adjacent or nearby schools. The Contractor shall attend any coordination meetings with any schools. The cost of noise mitigation and coordination efforts shall be included in the various items of work and there shall be no additional costs to the City. 12.6 Project Appearance. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: a. When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. b. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms and false -work that are to be re -used shall be Initials -25- stacked neatly concurrently with their removal. Forms and false -work that are not to be re -used shall be disposed of concurrently with their removal. c. Full compensation for conforming to the provisions in this section shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed. 12.7 Sound Control Requirements. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. If required see the attached Mitigated Negative Declaration Document in the appendices. 12.8 Hazardous Waste. if the Contractor encounters material in demolition or work that he has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he shall immediately so notify the Engineer in writing. Demolition in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as agreed to between the parties. The City reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area. SECTION 13- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 13.1 Contractor shall replace/repair any property or private improvements, which are damaged or removed as a result of its operations to current City of National City standards and to the satisfaction of the City Engineer in an as good or better condition. Contractor will take measures to minimize inconvenience to the City, including but not limited to: a. Advance notification of the impending work and the estimated duration of the work. b. Care in access to and from the building by the Contractor's equipment, materials and/or personnel. c. Private property and improvements must be repair, restored and/or replaced within 7 days of the completion of the adjacent work. The cost of protecting, removing and restoring of items necessary to complete the work shall be included in the various line items of work and there shall be no additional cost to the City. SECTION 14-PROJECT SAFETY Section 14.1-Safety Orders. The Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and is not limited to normal 'working hours. Safety provisions shall conform to U.S. Department of Labor, the Initials -26- California Occupational Safety and Health Act (OSHA), and all other applicable Federal, State, County, and City laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein. The Contractor shall develop and maintain for the duration of this contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the City and its consultants is to conduct construction review of the Contractor's performance and shall not include a review or approval of adequacy of the Contractor's safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City's inspector or other representative. In addition, the Contractor must promptly report in writing to the City all accidents whatsoever arising out of or in connection with, the performance of the work whether on, or adjacent to the site, giving full details and statements of witnesses. 14.2 Public Safety During Non -Working Hours. Notwithstanding the Contractor's primary responsibility for safety on the job site when the Contractor is not present, the Engineer, at his option after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor will bear all expenses incurred by the City. In all cases the judgment of the Engineer shall be final in determining whether or not an unsafe situation exists however this does not alleviate the contractor's responsibility and liability to maintain a safe worksite at all times. SECTION 15- PROJECT CLOSEOUT 15.1 Cleanup. In addition to the requirement that the job site be kept clean during the progress of the work, the contractor is similarly obligated to thoroughly clean up the construction site at the end of the job before the work can be accepted. Final acceptance of work will be withheld until the contractor has satisfactorily complied with all of the requirements for final cleanup of the project site. Disposal of all waste and refuse shall be at the contractor's expense. No waste or rubbish of any nature is allowed to be disposed of at the site except upon receipt of written approval by the City. 15.2 Final Inspection. When the work is completed satisfactorily, and in accordance with the terms of the contract, the contractor shall submit a written request to the Engineer and Building Department for the final inspection. Upon receiving such notification from the contractor, the City will arrange for the final inspection of the work. The representative of the contractor and the Initials _27- subcontractors should participate in the inspection tour to respond to any questions that may be raised by the representative of the City. Prior to, but in no case later than, the pre -final inspection period, dates should be established for equipment testing, systems validation, acceptance periods, warranty dates, and instructional requirements that may be required by the contract. Following the pre -final inspection of the work, the City's representative will prepare a Punch List setting forth in accurate detail any items of work that have been found to be not in accordance with the requirements of the contract documents. When notified by the contractor that all of the pre -final Punch List items have been completed, the Engineer and his/her representative accompanied by the representatives of the other City Departments with the presence of the Contractor will conduct the final inspection of the work. Then, if all punch list items have been completed satisfactorily, and if no new items are discovered, the final inspection date will be considered as the completion date for the project. If, following the fmal inspection of any portion of the work, there remains a question as to whether one or more Punch List items have not been properly completed, but otherwise the overall project is substantially complete, the Engineermayissue an updated Punch List and consider the final inspection date as the completion date if the contractor completes the updated punch list items within a specified period of time. 15.4 Acceptance. The project will be scheduled for the City Council's acceptance if the following items are satisfactorily met: a. The work has been completed satisfactorily, and in accordance with the terms of the contract. b. All of the punch list items have been completed and the project is accepted by the Engineer and signed off as complete and acceptable by the City Building Department. c. Record (As -built) drawings have been submitted and accepted by the Engineer. d. All of the payroll records (contractor and subcontractors) have been submitted and accepted if requested by the City. e. Operating manuals and instructions for equipment items, keying schedule, maintenance stock items, certifications of inspection, and systems validation have been submitted. f Guarantee Agreement is submitted to and accepted by the Engineer. g. Contractor's Certificate of Completion, Affidavit of Disposal, Affidavit of Payment, Consent of Surety for Final Payment have been signed and submitted to the Engineer. h. Contract Final Balance has been approved or conditionally approved by the Contractor and submitted to the Engineer. i. Notice of Completion will be filed with the County Recorder once all of the above listed items are complete. j. Occupancy is allowed by the Building Official. Initials -28- 726 W 19th Street, National City, CA 91950 Construction Contract PERFORMANCE BOND (Attachment B) WHEREAS, the City of National City has awarded to hereinafter designated as the "Principal", the CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of ($ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. -29- 726 W 19th Street, National City, CA 91950 Construction Contract PERFORMANCE BOND (continued) In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2014. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal -30- 726 W 19th Street, National City, CA 91950 Construction Contract PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of _ , 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: -31- 726 W 19th Street, National City, CA 91950 Construction Contract PAYMENT BOND (Attachment C) WHEREAS, the City of National City has awarded , hereinafter designated as the "Principal", the CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. -32- 726 W 19th Street, National City, CA 91950 Construction Contract PAYMENT BOND (continued) It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2014. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal -33- 726 W 19th Street, National City, CA 91950 Construction Contract PAYMENT BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: -34- 726 W 19th Street, National City, CA 91950 Construction Contract CERTIFICATE REGARDING CONTRACTOR'S LICENSE (Attachment D) 1. Contractor is required to possess one of the following State Contractor's License: State of California Class "B" Contractor's License 2. A failure to possess the required license, a failure to truthfully set forth the following information, or a failure to execute this Certificate renders the proposal nonresponsive and requires the City to reject the proposal. (Business and Professions Code Section 7028.15) 3. Contractor declares, under penalty of perjury, that he possesses the required Contractor's license(s) which: a. Bears the license number(s): b. Expires on: Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) This required license determination has been made by the City of National City. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the City Engineer at least seven (7) days prior to the bid opening. A review of the contemplated work will be made and the City's decision as to the required license will be final. 1-1 -35- 726 W 19th Street, National City, CA 91950 Construction Contract DESIGNATION OF SUBCONTRACTORS (Attachment E) In compliance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et sec of the Government Code of the State of California) the undersigned Prime Contractor has set forth below the full name and the location of the place of business of each Subcontractor who will perform work or labor or render service to the Prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications to which the attached bid is responsive, and the portion of the work which will be done by each Subcontractor for each subcontract in excess of one- half of one percent of the Prime Contractor's total bid. The Prime Contractor understands that if he fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of his bid, he shall be deemed to have agreed to perform such portion of the work with contractor's own forces. Substitution shall not be allowed, except in cases of public emergency or necessity, and then only after a finding, reduced to writing as a public record of the City, setting forth the facts constituting the emergency or necessity. If no subcontractors are to be employed on the project, enter the word "NONE". Item # Subcontractor Description of Work % of Item Use an additional sheet and attach if necessary. Number of sheets attached for listed subcontractors Percentage (%) of total contract amount that is subcontracted % (Do not include specialty items in the calculation.) Signed this day of , 2013. Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title 1-2 -36- 726 W 19th Street, National City, CA 91950 Construction Contract CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE (Attachment F) Section 3700 of the Labor Code provides in part as follows: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation to one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I further certify that if I should contract or subcontract with any person, including firm or company, to do all or any part of the work for which this proposal covers, I shall assure compliance by that contractor or subcontractor with the provisions of Section 3700 of the Labor Code. (Legal Name of Prime Contractor) By: Title: (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) 1-3 -37- 726 W 19`b Street, National City, CA 91950 Construction Contract EMERGENCY NOTIFICATION LIST (Attachment G) My/our representatives at the construction site for the above subject project will be: On -site Project Superintendent: Name Cell number/Office number Other 24-hour available person with authority to order work: Name Cell number/Office number Other 24-hour available person with authority to order work: Name Cell number/Office number I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1-4 -38- 726 W 19th Street, National City, CA 91950 Construction Contract GUARANTEE AGREEMENT (Attachment H) We hereby guarantee that structural and real property improvements to the real property located at 726 W. 19th Street, National City, CA 91950 have been installed in accordance with CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH and all drawings and specifications thereto and guarantee that the work as installed will fulfill the requirements included in the specifications of that Contract. The undersigned agrees to promptly repair or replace, in a manner satisfactory to the Engineer, any or all of such work, together with any other adjacent work which may be displaced in connection with such repair or replacement, that may prove to be defective in workmanship or material within a period of one (1) year from the date of acceptance of the above referenced project by the CITY, ordinary wear and tear and unusual abuse or neglect excepted. The Contractor also agrees to hold the CITY harmless from claims of any kind arising from damage due to said defects in the work constructed under the Contract. In the event that the undersigned fails to comply with the abovementioned conditions within a reasonable period of time, as determined by the CITY, the undersigned hereby authorizes the CITY to proceed with the repair of said defects and the Contractor and his/her surety shall be liable to the City for the cost thereof. Firm name Address Signature of Prime Contractor or Sub -Contractor Signature of Prime Contractor or Sub -Contractor Print name and title Print name and title Countersigned (required by Prime Contractor if this Guarantee Agreement is for a Sub -Contractor): Firm name Address Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title Contact for Service: Name Address Telephone number and email address -39- 726 W 19th Street, National City, CA 91950 Construction Contract CONTRACTOR'S CERTIFICATION OF COMPLETION (Attachment I) DATE: TO: City Engineer City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 FROM: (Firm or Corporation) This is to certify that 1, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract: I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the contract drawings and specifications. The contract work is now complete in all parts and requirements, and ready for your final inspection. I understand that neither the determination by the Engineer that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the contract documents. Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) -40- 726 W 19t Street, National City, CA 91950 Construction Contract CONTRACTOR'S AFFIDAVIT OF PAYMENT (Attachment J) To All Whom It May Concern: WHEREAS, the undersigned has been contracted by the City of National City to furnish labor, materials, and equipment for the CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH, under a contract dated the day of , 2014, in the City of National City, County of San Diego, State of California, of which City of National City is the Owner. NOW, THEREFORE, this day of , 2014 the undersigned, as the Contractor for the above -named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) -41- 726 W 19th Street, National City, CA 91950 Construction Contract CONSENT OF SURETY FOR FINAL PAYMENT (Attachment K) In accordance with the provisions of the contract between the City and the Contractor, and the following named Surety: on the Payment Bond in the amount of Dollars, of the following named Contractor: hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety named herein of any of its obligations to the City of National City, California, as set forth in said Surety company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this day of , 2014. (CORPORATE SEAL) Signature of Authorized Surety Representative Title -42- 726 W 19t' Street, National City, CA 91950 Construction Contract CONTRACTOR'S AFFIDAVIT OF DISPOSAL (Attachment L) WHEREAS, on the day of 2014, the undersigned entered into and executed a contract with the City of National City, a municipal corporation, for structural and real property improvements to the real property located at 726 W. 19th Street, National City, CA as particularly described in the contract entitled CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH. WHEREAS, the specifications of said contract requires the Contractor to affirm that all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of National City Municipal Code, Chapter 15.80, Construction and Demolition Debris (Ordinance No. 2009-2309). WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with the City of National City Municipal Code has been furnished. NOW, THEREFORE, in consideration of the final payment by the City of National City to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s): Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site Address of disposal site Address of disposal site Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site Address of disposal site Address of disposal site By signing and submitting this form to the City of National City on this _ day of 2014, I (we) hereby certified and swear under penalty of perjury under the laws of the State of California that the aforementioned information is true and correct without omission, error or misrepresentation. Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) -43- CONSTRUCTION CONTRACT 726 W. 19TH STREET EXHIBIT "A" Scope of Work Contractor shall: 1. Provide all services and all labor, materials, and equipment to construct all improvements indicated on the plans, details and notes attached hereto as Exhibit "A", including but not limited to: a. Prepare, amend, and submit permitable plans for all improvements that conform to Exhibit "A" and all code requirements. b. Obtain and pay for all permits as required (Traffic control permits shall be no fee). c. Perform all demolition as required. d. Dispose and recycle all materials as required. e. Design, permit, and install an interior fire sprinkler system with water service to water main and backflow preventer. f. Provide, install, and construct perimeter fencing with automatic gate. g. Provide, install, and construct all interior tenant improvements. h. Provide all bonding and insurance. i. Provide all management and supervision. j. Deliver complete building and site ready for occupancy and use. k. Deliver completed and signed off permits, certificates, warranties, and close-out documents. I. Complete the work within the specified period of time. City shall: 1. Provide expedited plan review. -44- P1.11.0 19SamMaa Su.t s.t tome tay.abA-om Mt. Pram May ta, 2014 OM 07:92pn AHomy a t6aen Marna ..Ymp.\72a 1 ENGINEERING DEPARTMENT UDEPARTMENTS 7FL CPHONF CONSTRUCTION RECORDS STY AS -BUILT BY APPROVED OM ELECTRIC. MASER MARABEH (636) 549-5516 DATE STARTED: GAS MAPS, HUEY MITCHELL (855) 647-2060 TELECOMMNNCA1I014, DEAN TATEYAMA (619) 260-4312 INSPECTOR: REVISIONS COX COMMUNCATIONS, CARP COOPER (619) 266-5387 DATE COMPLETED: AT&T SUBSTRUCTURES. PATH SLIDER (U56) BBB-1935 ,LO'OS 3NI1 Ald3d0Nd PROPERTY LINE 100.00' PROPERTY LINE 125.08' A m C 1� z cl c (n m �t7 E] m -45- \ T T, A 0 A AA P1 Z A n K Z H 0 0 33N33 30 ,02 MAIM ay.Kpwd Moot 501Khp W)Mat: A-200 /Msr Plan Liar 15, 2014 111,,k60:02pm ,t \0430o Hoover a Moon Hwnp\DrmAngp\721 lath Street \ Mods \I,-200 Floor Planatlp ENGINEERING DEPARTMENT UTILITY DEPARTMENIG TELEPHONE SDGaE CONSTRUCTION RECORDS AS -BUILT REVISIONS BY APPROVED DATE ELECTRIC, HASER MARABEH GAS MAPS, IRUEY MITCHELL TELECOMMUNCATION, DEAN TATEYAMA COX COMMUNCATIONS, GARY COOPER (853) 549-5516 (658) 547-2030 (619) 260-4312 (619) 266-5337 AT&T SUBSTRUCTURES, PATTI SLADEK (858) 888-1935 DATE STARTED: INSPECTOR: DATE COMPLETED: 19' rD • • • • i • • • • • • i i • • / • • • Plot lad B)< KawM Sheet latNHa Lefaat A-100 Near Plan. May 15. 2014 O. 00:ebpm ,k\0430o H. & Weea 11.4a4\Gwaga\720 1 ENGINEERING DEPARTTAENT UT ITY DEPARTMFNTS TFI FPHONE CONSTRUCTION RECORDS SOME AS —BUILT BY APPROVED DATE ELECTRIC. HASER MARABEN (558) 549-8516 DATE STAR: GAS MAPS, HUEY MITCHELL (858) 547-2080 TELECOMMUNCAMON, DEAN TATEYAMA (819) 280-4312 NSPECTOR: REVISIONS COX COMMUNCATIONS, GARY COOPER (619) 268-5387 DATE COMPLETER AT&T SUBSTRUCTURES, PATTI SLADEK (858) 886-1935 _L_J 4- ro• fig 4 F. -47— 0-Io I1-T° 5 1i 0 1 1 5 g giqE 110 1o1a gal b 1-11 aP 8 0 0 Y� d 1 a ra 7 AN tl 'c is a 1"50 16CA PICKET 0 1 1 294r 20a 05• ,Eye. 11 T NOLL J h : -1 3Y.' TYPICAL INDUSTRIAL STWVEL NOUSIRIAL FLAT BRACKET WORE BRACKET 4 ti.• CHNNEL RAIL (SEE CROSS SECRET) 3'SQ POST I'SQ 16CA PICKET BRACKET COMBS AIERISTAR MONTAGE RAC OR APPROVED avid_ itc r:.l 00 00 E-COAT COATING SYSTEM BASE MATERIAL VN£ORU 21NC COATING NOT OIP DNC PHOSPHA LOAM WOW PATER ACRYLIC TOPCOAT PORTLAND OTICREIE CEMENT. A �w 3.500-P9 OCuREIE 1NX THAT PRODUCES A SOO-PS 1[00IA1.tS RUPTURE SHOULD BE UIL120). (n7 PROKU90N WELDNG PROCESS eft APPROVED GUAL NO OPOSEO WEDS G000 EARAIRE TH SLOES M AMERISTAR MONTAGE INDUSTRIAL INVINCIBLE FENCE Eft APPROVED EQUAL ORNAMENTAL STEEL FENCE M NOT 1O SCALE MERIST MOLITACE i CHANNEL RAT. OR APPROVED (OVAL DEM A KEEP/ER yx/cHROLLER G POST V-1RAPfKHIMONTINUMIIMMIMMMIMMIM ATO L5C POSROLLER CURE POST TOP VIEW ,•SO I60A P,CRET 4 30 POST 20 29)G 45" MD? FOQTNO Tt 11.111IIIiIIIIIIiIIIIIIIIlil1111111l 11K11111. :JAL 11�11��I11f»111111111111�, ��� �1111'1''Ill1 4._ B ELEVATION VIEW !v. LINE \-- V TRACK DETAIL A.1ATCH 0ETAL LATCH POST LATCH -' lSOVIEW LATCH RECOVER CATE O� PNO Si DETAIL0- TIME ROLLER DETAIL CRAB. POST CAME ROLLERS POST ORNAMENTAL PICKET SHOWN I50 MEw DETAL D.vAEFL PLATE AVERISTAR� � . LOT �t00I f TE . .. APPROVED EKMAL ELVATONVEW FENCES AND GATE OPERATOR NOTES I. VEFECAAUt 910E GATE OPERATOR SHALL BE N C[AIPUMICE NTH L5 ERWIIER LABORATORIES NO STANDARD FOR SAFETY - DOOR, ORAP'ERY, RATE. LOWER AN0 TWMOW KWFRATORS AND SYSIMS, 11L 325 F3Ui1H EReenlAND UNDERAIDTRS LABORATORIES NC. FO ) STANDARD R SAFETY - TESTS FOR SAFETY -RELATED CONTROL5 EMPLOYING SOLID-STATE MACES, U. 91 SECOND ENDOH. 2. VEHICULAR SLIDE GATE OPERATOR SHALL BE TESTED FOR CORPLACE TO OL 325 AND us 391 AND SHALL BE 1151ED BY A NATONAILY RE0001QE0 7[81N0 LA80RATORY (HNTL), J. VENT I.AR 910( CATE FABACAIIM, 09HS15U0T 21 AND NSTALA90N SHALL CONFf5u TO AST/ F220K2 STANDARD SPECIFICATION FOR AUTOMATED WICAAR CATE CONSIRUCTOIL 4. CONTROLS MENDED FOR USER ACTIVATION MUST BE LOCATED AT LEAST TEN FEET (LLD') AWAY FROM ANY MOM° PART Q THE GAZE AND WHERE TIM USER TS PREVFIITEO FROM REJATL OVER, UNDER, AROUND OR THROUGH ONE GATE TO OPERATE TIE CONTKO(5. OUl00OT Oft EASLY A OVISN E CONTROLS SHOULD NAVE A SECURITY FEATURE TO PREVENT UNADTICItl2ED USE SECONDARY ENIRAPYEHT PREVENTION 1. NCI CONTACT SENSORS SHALL BE NSGLEO TO PREVENT PERSONS FROM BECOMING [(TRAPPED N THE OA1E SYSIET/. 2. WA101230 SIGNS SHALL BE INSTALLED N ACCORDANCE NTH IANUFACWORERS INSTALLATION INSTRUCTIONS MO U. J25 GIAOEIINES CONTRACTOR TO MIAMI.THE FOL07NG NON -CONTACT SENSORS (PHOTO -CELLS): A P/N 8080-010 NEARED TINY -BEAM, 165 FORT SERSNS D15TANCE B. P/N 8050-011 PHOTOi1ETYECIIVE BEAK 30 FOOT SEISNO DISTANCE C. P/N 8660-030 MATTED PHOTO-R6IEOIVE BETA. 35 FOOT 9N9HG DISTANCE OETAL 37✓i(TY'P) 4.75 0.C. SCE PUN FCR 92E -66 EXHIBIT "A" )EPAII. A CATCH Tru ri trr mt1t rCHQIO POST T TTT1 rrn-utn itITIETTFITIT TOP VIEW i 1 Q 344.00" [3441 12.75" — [12 3/4"t1.4.1 Y610fsnOY i•St) a IA.PS CZT ..304 IapPRN2 S x4' allaVrr110NtAC. •aoaoar TOP COOS ROLLERS "v toovgwen. v4nOOve lens r�r nrr.trtll 4 MI WM • • • • • • • • • i i 4 3.78" [3 3/4"j 4.75" [4 3/41 O.C. 2 24' 26' ELEVATION VIEW .,.roar» mactatvt M ter* sat MINWIMPFMRY 61.111 --rI 338" J [3 3/81 li1 4XPOST WIDTH SIDE VIEW AMERISTAR° wtxa"w Title PA91PO"F1 IM1Nal tMt/CATS atc ,an twit Oww oA t61 A OtN' motto• asrmpaplt LATCH DETAIL CABLE ONBI-PARTING GATES) x 13/4" V-GROOVE WHEEL DETAIL EXHIBIT "A" GUIDE ROLLER DETAIL (ORNAMENTAL PICKET SHOWN) TRACK BY OTHERS •�Y hrAm.wm1 .10.10,44.00 Bap POST AMERISTAR° 11.11. .Y..AK ..x., .0.1040.31911 TIRL RASOPart.. ,ARVOLe rn ROLL OA14 cAit, 0103111 enm.•h 1MR ERUM OR PM A aIAN.c Ra =Osten MYNA � 1 ,$1 OOOOO \ 11111 `I `" ii ¢ I,..,;i $[ qi..,l. ,,...,10 1/ K Ii.ali 1fl[j1lt1l1� •1111!til 111E The Traditional Entry Cate Solution �l 8461.1.-1111111111111 rr�mearavn®wa�:I umcn�e�as r� �meewan000 1111 y, ■ 'i ..l. v . .-r., e I The PassPort roll gate system has been redesigned to fit a wide variety of heights and openings. The PassPort v-track design provides the least amount of space required for a slide gate and the greatest installation flexibility. Robust PassPort it Is an Innovative roll gate system with a robust fabricated design. The PassPort roil gates have a rigid framework that enables the gate system to glide effortlessly across its on -grade track. Versatile All PassPort gates are designed with versatility in mind. The reversible design of the PassPort roll gate insures a flawless installation by allowing the gate to be installed one either side of the gate opening. Anrihla 111 MADE IIIUSA We take great pride In manufacturing `Made in the USA" products. Ameristar is located in Tulsa, Oklahoma and Is American owned and operated. Applications: > Water Treatment & Storage > Municipal Facilities > Government Facilities > Airports > Manufacturing Plants • EXHIBIT "A" PA SPORT Types PassPor t Commercial 1 3f"Ornamental PlcketIleslg;Mies: Classic, Majjstfc Genesis Mvfnclb/e(shown) " -111 11111 I11 1 11 1 11 111 IIIli s PassPort11 ( I' Ornamental Picketgaslgrr Slyles Majestk, Genesis Invincible Cos* (shown) ' 11111111 11111ttt11tttttIIII Ititltt1111 Iitt"19IL 11 1111 I� 11 111 I 1 11 p 111 11 11 i i 11 11 PassPortIS i 2K"Ornamental PaleDosgn SiVes1 7nden4 Stronghold, Gauntlet (shown) ,1111111111111111111111111111111111111 . 11 Design Fully Welded Steel Construction > Uprights 1"sq.x 1tga. > Diagonal Bracing: 2'sq x 11ga. > Bottom Palk 2"x4"x llga > Minimum 4"x 11ga. gateposts Hardware The PassPort roll gate design has been matched with equally superior hardware. The v-track rollers are designed to support more than the recommended bad, and provide an effortless balance that Odes smoothly across its gate opening. EXHIBIT "A" it 4 ASTM A 36 Steel 20' lengths only WITH DRILLED PLATE (1/4"x4") 18" i GALVANIZED V TRACK - FOR USE WITH V GROOVE WHEEL On1/4'x4'Plate 11/2'x11/2'3(3/16 Rolling Gate All above with hot dip galvanized finish. • HURRICANE & POWAY FENCE CO P.O. Box 483E RAMONA, CA 92085.09110 (780) 789.4142 Fax: 780.788-1637 IDraw* File: EXHIBIT "A" /7.26 allc.Sa4) i T+EJ- s -53- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING PAUL W. RALPH DBA WAVETEC CONSTRUCTION THE CONTRACT FOR THE COMPLETION OF IMPROVEMENTS ON THE REAL PROPERTY LOCATED AT 726 WEST 19TH STREET IN THE AMOUNT OF $275,000.00 TO ALLOW FOR THE RELOCATION OF NATIONAL CITY PUBLIC WORKS FACILITIES FROM 2100 HOOVER AVENUE, THE FUTURE SITE OF A 201-UNIT AFFORDABLE HOUSING PROJECT COMMONLY REFERRED TO AS THE WESTSIDE IN -FILL TRANSIT ORIENTED DEVELOPMENT PROJECT, WITHOUT COMPETITIVE BIDDING BASED ON FINDINGS THAT THERE IS NO ASCERTAINABLE COMPETITIVE ADVANTAGE TO THE CITY; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT (SHORT FORM SERVICES AGREEMENT) BETWEEN THE CITY AND PAUL W. RALPH DBA WAVETEC CONSTRUCTION; AND AUTHORIZING THE APPROPRIATION AND CORRESPONDING REVENUE INCREASE OF $275,000.00 TO COVER THE COST OF IMPROVEMENTS WHEREAS, as part of the Westside Infill Transit Oriented Development ("WI- TOD"), also known as the Paradise Creek Affordable Housing Project, Development and Disposition Agreement ("DDA"), the National City Public Works ("PW") operations at 2100 Hoover Avenue will need to relocate to other sites in order to complete environmental remediation and development of 201 affordable housing units for the WI-TOD Project; and WHEREAS, the City has negotiated the purchase of a 0.13 acre site that fits the needs of PW operations and provides 5,247 sq. ft. of useable building area including office space and off-street parking. The property is commonly known as 726 West 19th Street, National City, California (the "Property"); and WHEREAS, the City developed improvement plans for the Property to accommodate PW operations using an on -call architectural firm, who subsequently provided an independent Opinion of Probable Construction Costs ("OPCC") report that estimates the cost of the improvements to be $521,109; and WHEREAS, the City negotiated the cost of completing the improvements in conformance with the developed plans with the owner of the Property for $275,000. The owner of the Property is a California licensed contractor and as such is specially positioned with the Property to complete the improvements while it is in escrow for a significant cost and time savings to the City; and WHEREAS, there is an exception to the competitive bidding requirements for public entities "where the nature of the subject of the contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable, impractical, or impossible." Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635-636. "Where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable." Graydon, supra, 104 Cal. App. 3d at 636; and Resolution No. 2014 — Page Two WHEREAS, due to highly unusual circumstances of having a specially situated owner/contractor who can produce the improvements at a greatly reduced cost and time savings, competitively bidding the improvements for the Property at an estimated 47% increase in direct costs to the City would be incongruent with the legislative purpose of the Public Contract Code for competitive bidding and would not produce an advantage to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the completion of improvements on the real property located at 726 West 19th Street in the amount of $275,000.00 to Paul W. Ralph DBA Wavetec Construction, without competitive bidding based on the findings that there would be no competitive advantage in competitively bidding the improvements based on the highly unusual circumstances described in the recitals and incorporated herein as the City Council's findings. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the contract (short form agreement) between the City of National City and Paul W. Ralph DBA Wavetec Construction. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation and a corresponding revenue increase of $275,000.00 to cover the cost of improvements. PASSED and ADOPTED this 17th day of June, 2014. • Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney N (0 co O N n N co o N •N Subject Parcel — — — Zone Boundary APN: 554-280-01 Q 304E O E 334 U 345 M M co N X 329 0 � 0\ East 4th St -East.8th-St 0 0 329 E M 340 15N 0 O CO -2 v N East 6th St 1 1 125 250 Planning Commission Location Map RS-2 I Feet 500 2014-07 CUP 05.21.14 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 5 June 2, 2014 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2720 E 4TH ST. "A". 2014-07 CUP Paradise Village Retirement Complex 554-280-01 Martin Reeder, AICP — Principal Planner Danielle Weizman for AT&T Mobility Adventist Health Systems West MXD-2 — Major Mixed -Use District 9.62 acres Single-family residential across E. 4th St. / RS-2 San Diego Academy / MXD-2 Commercial and church uses / MXD-2 Residential use and Paradise Valley Hospital / I Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) 2 BACKGROUND Site Characteristics The project site is the Paradise Village Retirement Complex, which is comprised of 6 five -story buildings on a 9.62-acre property. From north to south, there is a residential building in the northeast corner of the property, a large multi -purpose building (bank, restaurant, theater, etc.), two residential buildings flanking the multi -purpose building, then two more residential buildings flanking a recreational area at the south end of the lot. Each of the two southern residential building pairs appears as one; they are attached by a portion of building that houses a bridge that connects to the other group of buildings. Nearby uses include Paradise Valley Hospital and San Diego Academy, as well as residential and commercial uses, and a church (Paradise Valley Seventh Day Adventist). Proposed Use AT&T proposes to install a new wireless communications facility consisting of a new architecturally integrated structure on the roof of the existing Paradise Village retirement facility. The site will house a total of (12) new panel antennas, (24) remote radio units (RRU's), and (2) GPS antennas, along with a base station equipment shelter at grade that will be converted from an existing storage room on the first floor of the existing building. The architectural feature will be a 12-foot tall penthouse on the roof the residential building south of the multi -purpose building. The penthouse would be stucco to match the residential building and would also have a matching tile roof. A chase (cable tray) will be installed on the outside of the building, travelling across the roof and going down the side of the building. The chase will be textured and painted to match the surface on which it is located. Analysis Consistent with City policy, the proposed facility will not be highly visible to the observer, since the antennas will be completely contained within an architectural feature that matches the building upon which it is mounted. The proposal also avoids the need for accessory equipment screening by locating the equipment inside the existing parking garage. Exhibit B shows the proposed penthouse in a photo simulation. AT&T is currently in the process of upgrading its existing facilities to their newer 4G LTE technology, which requires larger antennas and upgraded equipment. There is an existing AT&T facility to the south of the proposed location within the Paradise Valley Seventh Day Adventist church. However, due to the increased size of the newer equipment and the existing restricted space within the church building, the facility is no longer suitable. Furthermore, the new location would offer more than double the existing coverage area for the AT&T network, increasing service reliability for its customers (see attached coverage maps), and would replace the original facility. The antennas would 3 provide coverage to the north, southeast, and south west. This area stretches from Logan Avenue in San Diego south to approximately 19th Street in National City. With the subject building being higher than all buildings adjacent in the area, the antennas would have clear reception and transmission in those directions. Nearby land uses in these directions are single-family residential, vacant land, a church, and a school respectively. However, the antennas are positioned in such a way as to be directed above any nearby sensitive uses. Although there are such land uses in the vicinity, it should be mentioned that, per the 1996 Telecommunications Act, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." It should also be pointed out that if approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval (No. 11) is included requiring these permits. Comments were received from the Building and Fire Departments and require compliance with their respective codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with applicable codes, all necessary state/local/federal permits, and that any external equipment is painted to match the surface on which it is mounted. Summary The proposed wireless communications facility is an example of a stealth facility, as required?by City policy. In addition, the facility will provide expanded service to local AT&T customers. The use will be installed completely within a penthouse and existing building, therefore not placing a burden on existing facilities, businesses or City streets. Furthermore, Conditions of Approval will ensure that the facility functions effectively and without impact to surrounding uses. RECOMMENDATION Approve 2014-07 CUP subject to the conditions listed below, based on attached findings/findings to be determined by the Planning Commission. 4 ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Nearby Wireless Facilities Map 5. Site Photos 6. Coverage Maps 7. Public Hearing Notice (Sent to 122 property owners) 8. Notice of Exemption 9. Applicant's Plans (Exhibits A and B, Case File No. 2014-07 CUP, dated 4/28/14) • MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2014-07 CUP — 2720 East 4th St. "A" 1. That the proposed use is allowable within the applicable zoning district pursuant to a conditional use permit and complies with all other applicable provisions of the Land Use Code, since a wireless communications facility is a conditionally - permitted use in the MXD-2 zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy E-3.3 of the General Plan is to increase access to wireless Internet connections, computers, and other forms of communication technology, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since the proposed antennas and associated equipment are to be incorporated into and upon an existing building and will not increase the footprint of that building, thus not affecting parking or access. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 12 antennas will be painted to match the existing building, and as such will not be highly visible from adjacent properties. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 6 RECOMMENDED CONDITIONS OF APPROVAL 2014-07 CUP — 2720 East 4th St. "A" General 1. This Conditional Use Permit authorizes a wireless communications facility at 2720 East 4th Street, "A". Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B dated 4/28/2014 Case File No. 2013-31 CUP. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. Fire 6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 7. The proposed rooftop building shall be evaluated for fire sprinkler coverage if necessary. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 10.The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be required prior to issuing of a construction permit. Planning 11.AII appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12.Any equipment visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 13. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 14. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 8 Feet 1,375 2,750 5,500 54 0 Wireless facilities in National City A Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 FACILITY APN LOCATION PROVIDER FILE_NO_ 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 28th AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 Located on roof of existina building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 E Plaza Pac Bell CUP--1995-13 Located on roof of Quality Inn. PCSfacility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 556-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet. 9 559-160-13 1022 W Bay Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 Located on existing Super Saver buildina. PCSfacilitv- six panel antennas and two equipment cabinets. 12 554-050-12 303 Palm AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 16 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Camet Bam warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 32 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 34 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 41 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 44 556-590-61 1019 Highland Sprint PCS CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 51 552-283 11 2323 E Division Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 52 560-191-30 1701 D Ave Nextel CUP-2004-12 53 551-570-20 51 N Highland Sprint CUP-2004-15 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-locationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 58 558-030-30 1035 Harbison Nextel CUP-2005-3 60 556-510-12 914 E 8th Cingular CUP-2005-10 61 559-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopalm with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31 63 562-200-02 2900 Highland Cingular CUP-2005-12 64 563-010-47 2605 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 65 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 12 antennas facade mounted to new rooftop enclosure that will house equipment 68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 69 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 70 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing light standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in ElTovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 Located in ElTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter 71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted equipment shelter 564-290-06 3820 Cagle St Sprint CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent liahting for the park. 564-290-06 3820 Cagle St T-Mobile CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 6 panel antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 12 panel antennas on the outside of the 0.0. Amold water tank and a 520 square foot equipment enclosure adjacent 73 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP 3 antennas on recration building at Las Palmas Park 561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142E 16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross affixed to it in order to appea as part of the church 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastem property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and equipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. 85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 86 563-063-29 2563 Grove St AT&T MUP91-026W2 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. 6 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT MODIFICATION FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2720 EAST 4TH STREET. CASE FILE NO.: 2014-07 CUP APN: 554-280-01 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, June 2, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: AT&T Mobility) The applicant proposes a new wireless telecommunications facility within a new penthouse structure on the roof of a residential building located at Paradise Village. The operating equipment is proposed within the parking garage on the ground floor. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., June 2, 2014, who can be contacted at 619-336-4310 or planningta@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 16 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2014-07 CUP Project Location: 2720 East 4th Street "A", National City, CA, APN: 554-280-01 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on an existing multi -family - residential building. The project will increase signal strength and service area for AT&T customers. Applicant: Danielle Weizman for AT&T Mobility 6886 Mimosa Drive Carlsbad, CA 92011 Exempt Status: Telephone Number: (619) 972-4944 ® Categorical Exemption. Class 3 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since antennas will be within an architectural feature on the roof of the building and the associated equipment will be within the parking garage. The proposal will not affect use of the property. Date: MARTIN REEDER, AICP Principal Planner 17 RESOLUTION NO. 13-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2720 E 4TH ST. "A". APPLICANT: DANIELLE WEIZMAN FOR AT&T MOBILITY CASE FILE NO. 2014-07 CUP APN: 554-280-01 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility located at 2720 East 4th Street "A" at a duly advertised public hearings held on June 2, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2014-07 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 2, 2014, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a conditional use permit and complies with all other applicable provisions of the Land Use Code, since a wireless communications facility is a conditionally - permitted use in the MXD-2 zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy E-3.3 of the General Plan is to increase access to wireless internet connections, computers, and other forms of communication technology, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since the proposed antennas and associated equipment are to be incorporated into and upon an existing building and will not increase the footprint of that building, thus not affecting parking or access. 18 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 12 antennas will be painted to match the existing building, and as such will not be highly visible from adjacent properties. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility at 2720 East 4th Street, "A". Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B dated 4/28/2014 Case File No. 2013-31 CUP. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 19 Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. Fire 6. Plans submitted for improvements must comply with the current editions of the Califomia Fire Code (CFC) and National Fire Protection Association (NFPA). 7. The proposed rooftop building shall be evaluated for fire sprinkler coverage if necessary. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 10.The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. If required, an approved SWPPP will be required prior to issuing of a construction permit. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12.Any equipment visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 13. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 14. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 20 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and 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 filed 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 June, 2014, by the following vote: AYES: Baca, Pruitt, Flores, Alvarado, Dela Paz NAYS: None ABSENT: Garcia, Bush ABSTAIN: None V,dt CHAIRPERSON 21 VICINITY MAP THOMAS GUIDE PACE 1290. 9-2 ADDRESS MASIMIL niv. 4 91990 COORDINATES (N.N BS) LAST 117 0 Ma44'• SCALE ME duM11n 0CAN0 ex.. R x 17.Mn e01113On ra 11 IC Sr .ee1°A0.. w .x0 W. 0 o AT et MT Er AASSS. MS C 1 ow . .To CR.. 1ALE . M me. AATM04 011.111. O(OLL 1TAEMCC n YJID 1w. 1N1T11M at&t MOBILITY PARADISE VILLAGE RELOCATION 2720 EAST 4TH STREET "A" NATIONAL CITY, CA 91950 SD0259 (SS0009) CONSULTANT TEAM ARCHITECT: Room a Own NIoOLDRIn xe S" CAELPU NW" 0IM. 0V2 DE .eAM. 4 9A[! EN) 434.1.0 SAS SURVEYOR: DOTS LIDEnaCM xe 01.1 nEM.x amn. AT 1M MM.. 4 M. M11 TM -Dave MI) 1M-Mal Du) PROJECT SUMMARY APPLICANT: AT&T Am. e>21. .,cos OwNM MAW. DM VFW. 4 9E1E1 (990xi-9N: coma: Dom. COO. WHIR: cs, m-.•u OWNER: 00F[x .RIMS .R[N[:11 or ORMAISM n:sWE 114 9AST ,M Soon Mnl[NN pre. 4.Iip ERE C.A. "RIM MOTH .101. (91y MrM* JURISDICTION: an er MATMYL My PROJECT DESCRIPTION: • ow. ATM NM. MDOJD R1 .111.9M IIOM ;aVMM x ( Nwm m1 DT lAan0a 1.1 Iw(R EMiRnu w1n s,•-rtALRAx PAR9M L 1.7 17 • STALL E«Sa PMr01AL0 Im eTop 1tl.an6 1O • xZ..IL nI :M4MnT1[ .EDi eIV PAL mr 1.19 mwsene+NO • !11 Menem Aa wx1ED 10 nRR.ROM ofFADME .471.1. • emyl EW aV MM. LMR • 0mAu 1.0/I71. Swn0T LEGAL DESCRIPTION: M AbvMv PROJECT ADDRESS: nee EAST 414 a1Mn •a• romxa ono, RE T.M ASSESSORS PARCEL NUMBER: Nu-A90-m.) EXISTING ZONING: Morn 1N. anncl_E (xm-y TOTAL SITE AREA: e nm PROPOSED COURYEM AREA: TCDRMM MM TSM "Amon U TYPE 01 CONSTRUCTION: fa SSAx nN.. TOW SIM M211. 4l N1xM ryn[fE1 D1•111. TTLO • LSRIIIIAMAII PMSM CAR. i1E v, "1• (T110-9111 NL014 ERISTINO BLDG. 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AND PARP 10 1.11a1 N.. MAC. MALL ® IXGTN0 LLNAi1M •AY PRePO O TGLCESS' 1NIR]J ANAL M PR YD T' ALAI WD411 FOR ...OM BY Gd0RH E01110.09 ® PROMO OEMRL109 L1e BOX OR OEKMSOR RRER NAELE ® ROWRD 1z-. 12e. 1/e' Met REM R6. CM. IS10e EN6,[R 1MIZE MH .• C. RAY ® w1r111-OVI OMNI 001.217 WINN AIM LR• Conn. 0.0 051 c1Y.5ELz ® NWEFOOS (AAFx 0E m). rGOLD.III HRry 615nNNDED 1un Dccunn ® PMGOSED Y101 7A0I ® PRI00M0 SW.E c r0C14 O. mum ARM 4 .s oot IMh<M 5[.1.9R W MRIM IDT£ lM RAGM SNLIl BE APPLIED 011 ME JLCl1S 001. iM R/GAFD .ALLIOt TM ...OS OF IIEALIIt nAMODIUIV AM PTAOIIIM1' PER NM ® Row11, wr0Rzm 0Rm FAN ® Y(�DIAnO1w-LT wearpROwARE M» kow ACC 6H. VMS,A�TTA Rcarom s/e PAMOM OF Mn. wee cOlte'Mlsz(n 6Dwls tenon NwEop FOANE4 a�Incr"M.O.,24 }APR CflAOY4E gRVY.. ((11-PAR MMIE mars. APRON, 01- EN (roe, e' . zD' vs.cs, us raw run zees ® warm own. soon s msg. N-AE err... • YSTIu (s) WALL Lt.. DPl1mrs ® 2Oas10 swans Slur /woes. ® ave. !OW ttUW n e'-0' WA. L8ORCIOR R 10 sae worn F CRMC ON BE K.. s RE-11BI11E0 Ar MOER NOEL .® PROPOSED (5f .Y HTRIML cows.T sues -wee sot EYI5 Cease 4 PlW*T (1) 4.. Heel C0IOM seam uses um cMSE 4 removes. suer mom comma wow ea. (smwl ow. user rodeo vas YEE." LIS creeps sea a onsenac cess FAUY Q compere sum? moms move TAE-VP nets ® .Ms PVC MEN. As RECITED CMS. C0NCRfl1 SIAe AMC romnaa tame suer aware BLrLR1O 5Mu nelson NM nE now, -BAZ & 0.1.11 11.1. B IIK9RI0R.10 I PRE//PARED FOR atppTT11 &` MOBILITY 5150 PACIFIC CENTER RdfEV SAN 01E00, CA 91121 E' APPROVALS EE. Ara DAM coxslRLFnw wR ROE 4.1.100/ DAR Or 11.1. APPROVAL 05n uNv�oRD ARRwu oAn PROJECT NAME PARADISE VILLAGE RELOCATION PROJECT NUMBER SD0259 (SS0009) 2710 EAST 4TN STREET 'A' NATIONAL CITY. CA 91950 SAN DIEGO COUNTY te DRAWING DATES DI/1e/1E 10 RN.. - A.0.1E WMF. (..DI Bz/01/82 ZO REM. 5 - CAREEN REEN Br0 1 NA. x1/w/Iz 00 w ITEM. e - NA./1 w5/12 es woe. 7 - semen sr. AM. (.e,) Dz/M/Is ze recs. e - SM. MO manna zD RSv. S - RAISE Fort _. 06a5n5 0M11AL CO Mine (...), 11/1/15 5RN. 10 - wove EON 0/1Vn5 5 REM. I. - ADD MS. )02) ...11 10 REV. 1A - alp CARE I.m) 0I/E5/15 RNIRO sumo co new. (nen le/25/13 F Lw1,0. 10/ze/15 0N5L CO 5EV-W F. 11/22/13 se RN. u - AS (vq 10/m051052 fi0 /1E 1n KY. I5 - SNnw2s (.I) i/10/I5 zD ere. 1s - Armco/sow.p). 11/1N15 ellREv. 15 - AH1.10AG/rnw. FDA 03/11/14 20 PM 11 - PEMIBIESE (w) I SHEET TITLE EQUIPMENT ROOM PLAN P50Jrc15.50Ar\1met A-3 KtYW NOTES: • PROPPREDM/ DE /�p0050* ROO L � V511 (WORD EI MS.) O 12WfxItO i0 • D IelroSO) RLNMIP P iEM T5 To WE ® P•Mor PROPOSED ROM MO T01H SPOSSE (1MM]) R .O Eo rnuD65,0CLi m ee D I. A - -401-Ms� OLleol PROM O 1mw Taa PPM.. ;R R9 SELTM (iNLL Oe 611 VNRD M WALL MOORE 51APIED) O PROM20 1.111 SIRE ROM PE 114005E PALM R ROCS (50000) SIMOED) • PMPOSED m sc En Mem k FRAMS p *15PoS20 ROOF TOn PEITAJSC MFIMM4 NM. MAIMS ® MCLOY1 S-e• 010E . e-s" OM FM RRD DDDR (PS. 00 2) ® MEMO DAT-VP ROOF 0EM0MME RPM RS RENARED O Mr. SPASM REF AS MOVE • ® MORDER • SCREEN (SMPM OA511EOJx rRNoale r-D . 2.0 na RAM ACOMB PRAM DM. 01 A) nRWSfe E SATED ox WALE PRIMERS RA SAX OF AMRlRAMO5lO.1RC PROPOSED MM.. LAMER 000 FOR PREIMROWER u01E .ANTENNA PLAN NL7 EeMR r.tv B°_lll_& ARCMITECTOSIf 14, 1 ORIO1.1. e n-Ir.o) en[ 55 Nl C. Swal OR., PREPARED FOR M \&` MOBILITY 573e PACIRC CENTER ROMP SAM DIEGO. CA 92121 APPROVALS R.r, o R 30311M DATE DOISIIVC1102 W.TS 511E SCWISIIIDN DAR ATM NMNIV APPROIM MR LAMILIR APPROVAL DAR EE PROJECT NAME PARADISE VILLAGE RELOCATION PROJECT NUMBER SD0259 (SS0009) 2220 EAST ATH STREET "A" NATIONAL Cr,. CA 91950 SASS 2(000 WOKS' 11 DRAWING DATES 01/13/R z - .DOCAR Sam. (..PI 02/01/12 z Me (."d ai/o./.2 2o NV. 5 - RIMPE MIN (..e.) 02/55/13 20 RP, . > - M1MAK ASA (RR) M 3/M/11 O RM. a - *AY MO D5/21/12 MILL CO SEVIEW D..) 11/11/12 TA KY. ID - NOVE song 12/03/11 12 RTV. O - ADD OMs. • ..�) E/13/13 SD MV. Ix - Imo WY RIM (.".) 07/25/13 RRRD mom co %RCA (n.) 10/24/13 i1ML se (.I) 10n5/13 AWE CO RV. (.M) ' 11n2/13 Et amm. M - AMRIMA T00005 (0) 13/O3/13 ED Rm. 11 - AMSNIAS (.D 12/10/13 so IEV. 15 - AMI0MIAO/fqM. (A). I2/15/15 20 RM. 15 - AN0RwM/200. Cr Oa. D3/21/1A 20 REV. IT - ParW1NE (M) 55 SHEET RILE ' PENTHOUSE ANTENNA PLAN B ..DECIS•ATMnl42 n A-4 33.2E eiui3 diswE mmwi-5i rww. INSTALL (11l ETrt /T. WLEM AlRM41(N) Re. yM5 • 00 OWL T4 U.S /WAX Pft.P.t0 rvrtxgrsE RAIK STAR TOL[R on SOUTH ELEVATION eWL•3P.rvs IX2T.N CONCRETE NORTH ELEVATION mLeRIP-rs RLf4L ASM WIL•1 woo. spumous R .x 0201M0 E SEE (RKN A-105) 11C EITi1 ROM Or D IOSTNG s-SIDN BJSgxe WM Al ..11TCW MOT. Wont to. ns woo, LR EpRPYEM RAM SUM M] =f ! R3ef2TU M., SCREEN CMS. / s3Ct3. —onmMc StT2AMru eouwunr To 9E uLnurzv m REuxD 13xOxN waiEo) Pgpwsto 1130001. nu TRAY m.cxm TO MS."-1 WNCE17 WALL Tx.. cdN SKILL OE PMBLO DRW m MWl J/ IX1^IH] Y[LN JL EWR2Ex1 �SIIENN �d Olm DE 'P3OPOSEO 2BV nom au lESI/ SSNL 3 3CE 1 II[1.R .4.. 1LY11RE . 4p WOOED m N3MC 9urE M SNNEO) IXRIw u•rc MST. COLOUR w. TOxE RMm IX61K 3NY RRx1r• uVRRD IXRNSON sums. IXenRR uROS4R CITE 3*530 WWI. CITE 0. (m+ru) `M nw mow O.RUU mE.m sraR COSTAL cua a Brill 8, IJAW x R<„,::, RE ncvEOPATO II PREPARED FOR at&t `.�:,-'.' MOBIL RV 5738 PACIFIC CENTER ROUE SAN DIEGO, CA 92121 j) A APPROVALS RP onrz ZONING rao Pnv3Te cnOx DWI 5. wouomm MI n•r WNLm 1RIb/LL e.15 LWOW. 1PP9*V•L 0.1T I PROJECT NAME PARADISE VILLAGE RELOCATION PROJECT NUMBER SD0259 (SS0009) 2120 EAST ITN STREET TAT NATIONAL CITY, CA 91950 SAN DIEGO COUNTY 3. DRAWING DATES Di/le, in - W EUR SLW! (ae0) SO /2I/I> . 5 - Aso 00)93 woo ONO es/se/11 to m e- REDUCE IRus One) e513/IZ DJ IRV ) RIDLAIT ANT ) /0s/IZ m 003 e - SURVEY 0Te 03/30/I2 iD Row P ROM ECM : OPiNAL 0.. nunOR H) n3/KIXw 2 Z0 1e - wove W iD REV. I _ too Nu, • R) e/W/,t D /Isn3 Em3. IS - RW PMw L e R 0i/2sn3 3eRfv Ow) IO/SW/13 NNW W (10 (.0 le/SIPS10 TRIAL AL CO KN.fnx) I/2LI3 S0 ITV. 19 AMMO, T0MESL .) //130eW 1 • INT.110 (a)100/ 2RD. . - •n. (). /wn3 Se RV. I INra/a,M2. 03/23/u SO m. r- DMNNIS(et) II SHEET TITLE EXTERIOR ELEVATIONS Os1JECTAT•E,I3xi I A-5 EAST ELEVATION EAST. r'l I :71.11i 1 1 I1Il.I ® ® . E1 fir-, -nt' '7. i �� — ■ ini n - i in! ■ WEST ELEVATION N.ltllf.Ff ■0Sill & AW a Rc9nncoNE n u¢Ouonnno nrR. DA NO.n umn u.wo. ap.ol u.-.a. IF MO PREPARED FOR a.t&t ;� MOfIL1n S23E PACIFIC CENTER 90ULE 1}. SAN DIEGO, CA 92121it APPROVALS R.r. eArz a.ro Om cd31RIF.INN DM 1AI1*0010 MNO/AL 001L 11 PROJECT NAME PARADISE VILLAGE RELOCATION PROJECT NUMBER SD0259 (SS0009) 2720 EAST AIN STREET 'A' NATIONAL CRY. CA 91950 SAN DIEGO COUNTY 19 DRAWING DATES e1/14/10 ID 905. 4 - 951012R MM. (w) 22/01/12 ID IRV, n - ADD 0A7R xN peel 02/e1/12 Sp 1497. n - Mr. RIVE 1.41 02.3/12 ro RLV z RILOCR an. 14 20/0%/12 20 RLV. a NASY Nf[ RLV R RM 02/21.2 0 M/14/12 D0 are. R .4.614.., 20 lY to - LD O.,12 100 02/3/,'. ea RC.. 11 - m W9. canal. (n azD/ J arm. ma , L2 (—/ ..4.0 R LL Ca (11) tens/ s Dwn CO 71e1110 p..) 11/37.3 10 Rea. I3 - A.rzwu. Tawas Or 12/0s/15 10 Ra. 14 - AM.. (b) 12/10/1 TD aa. 1. - AMmrA3/100f. Ia1m a/1./a zo 00. A.rzwme/.0i0. U). e2/21/1. To sa. 12 - ...sr 11 SHEET TITLE EXTERIOR ELEVATIONS Pblsc0S\A101\ Mel 11 A-6 NCO 1 WPM: 27 L95 Tae� RRsono C1s A 4 1+2r '1 I ry VEM1y5[ NL NO DRY. INM LACE {{.1. ,x dA1x --e 2 11E�iYl - 1,I FlTd2 YIlLY 1 1 I. x• r r l HIdIFVIEW MP PIM 1p MEW 1 MD NM SACK WW1 11elm■I1 WOW O W06:l 0!W i— ® ® ® ® DOOM 5]RR IM. 1AIR: M"L TAPETAPE1 , V-RJLT 1 I % 1 uNTRVT P1tt0 WPMJe.R MtHIDE NIA/ BOFION NEN RGME[H1N1Y 0* 1m51G[ [dN / [0'FE1V5) 1/2• LAC 1 1 MOH. BPEM I a/.�-"1L o• 12 nu uNrr I 13 Imre ]umlo UNITS NTs. I4 DP8 AMEN. RCUNT•SI 11LI'`U IS P FM[ 1R.MIG 1M1\yFC . MLL.S , 110 000800l [x or TLi: Rqi SF ......i � T�' NJ DAY 1M6 SPACE MD ODE. OM SPADE NO DETAIL TN. SPICE ■ ■ IPo.m 1M -- - -` 1eD MNL pno22m unnu. s1( MN. � � 1j 1 F ,.J 1 1��1r m„ � +Ptl51A M.IC1e1L oLP+M1T DMCNR Imram sus D1.1L a Tw urnln -00 1,0 L +scams aws`: Min.i9 T1%.� 1>I1.e 1 ._ SM: 1 , �` 11 1 ; 1A69[[D An, 1lyR 5[[ DR.R® pRc s[(xRs 1--! "'_ NO ORY 11116 SPACE 1O DRY THIS SPACE NO DE1Rt TM N.YE fSTNO DIRT -me L` POOPuLWULR 111,1 -1,�11 - A 1r 0. .R• EdW1 db.E }CP. dSRG RWI ATS e105 _ 2 22 ni14u.'4Raer000013 10R RRaxE Inx(Pn DRY I ]n= `-D' I1i 113 114 115 NO DPYY TTM, MMCE NO DEVIL 110 SPACE NO MAX TIPS SPACE NO DETAIL M9 SPACE NO MPS. 11ne SPACE 19 117 118 119 I2D 1204 1 oA1Nn nm D• Pm. . .41. 24•. PREPARE° FOR cat&t �.._-._. EPO8fLAY 5MSB PACIFIC CENTER SOU SAN DIEGO, CA 92121' '1 es APPROVALS 1712 1001131,11.121102 SITE AEWRTDN DATE AT&T 1.10111.117 AFRO'. Doc DA PROJECT NAME PARADISE VILLAGE RELOCATION PROJECT NUMBER SD0259 (SS0009) 2720 EAST ITN STREET -A. NATIONAL CM, CA 91930 SAN 01E00 COUNTY 91 DRAWING DATES 01/1e/I] SD M.. - R[i0dT[ EOM. (e00 01/01/12 20 RN. 1 - ADD 000411 eryp 1001, 02/01/11 101R0. F - ROMP M112 (mp) 00/27/12 20 112-0. 7 _ 12(200An ANT. ) 03/05/11 20 RN.: ^ORKY (v 1 01/20/12 20 R- IS[ Rl2 00/21n2 07111.1Al 21/ •21.12 (rro2 ., / R/aEauN 1x/Oa/12 zm RN 11 _ pN (ml �2/1a/1a R[r l2 w uu /zs/1a MMs[D +[1r1 0 01")'' N••1 10h./1a 1 cD 00. mrys/u 1NRL co 1(vrtx 010* 11n2/12 2D RN. 1) - ANrtRu[ m01) f,i) 1z/m/Ta 20 RM. u _ APrwws (o 11/11/13 10 R[0. 1a - IMpWs/ OVIe. 1. 02/una se R20. Ie rsevaS 0 IAh D]/n/1. z9 Rn. 1T - Itu11WV5( (w] SHEET TIT1E DETAILS n027C11\Al2.\132e2 A-7 <MERS NAME PNE! LZ AMORIST REALM nrtawa ASSESSOR'S PARCEL NNIBER(5) 554-26161-ao OASIS OF BEARINGS (RAD IS% EpOA 2002) TXF SFMIMIA 91L111 MCRdi ARE 9A10 00 15.E NOM AS 0ER19AE0 9Y OP.4 6BBERKATCRS. LIMO WORM. 62120/6200 RECOVERS ARO 15.010.E =cone OTT 1!0 *11*05 BASIS OF BEVATCN3 RASOM R ELEVATORS APE BASSO ON E95 [ASERVATYS MN TEM MAMMAL 011OOFTC SIMEY CORS MEMO= STATI.SIS 1) MOO. ELEVATOR - nsvn• AR O 2) PM. a[VA7PM - I35z EY WTI 0000 200E CORRECTORS AFh1Eo. ' Jam+ Raa STpEE%/' R,Es Eps1ASA J^n ems+ rt Tc E WE DATA , A nMG IDNE E(20Al1At Notional Flood 11ASUronee Program: County:SMl MOO ENectrve Dote: 0/16/1993 / v PT: 191X tommumt Ponel Number:0E03,[ TIe Flaed Zone Deeignallon ror f0v Site i9: iORE: A FLOOD ZONE INFORMATION (RAMO FOR 1112E) PANE 65LLR4W 9ER5Rm APIEAV-9M-0,011 P1NN wARAM 51T0E® 1PE191-E10-00-00 TITLE REPORT NOTES DIMING FOR 111If) WEST Lt3 4\ e m ne•r\• q ./f1 yjewf A 50U19LLE1101 CA cDRP10PCL OP 01'1rT1 OAT ADapN019 APIA 564-10-16-00 93E11BA9100 CA C0RE6Pa14B OP MONTH UV A9v11R1E APR 5541I0-1-116 PORI UN, 11/96H'01I 1WAl00 510PID1R98F ANNABA-RN-ON-DO LEGEND AAA MAMA ey0M0 Al M IwM F Ow• deaNg. ROOF NMR ROOF MY, • ROOF M11T • S.STEUIE MAI • MODEM CCOADIURIE RSPN MORALS SURFACE BC w40? 1: OF OMB PIFIRSTFLOOR ELEVATOR MCP TINGE TOP 110 ROOF s0RN OUST M ROM ROOK imic ROOF IA CONOIMER RFPA KW PARMA E %05AOOR AM ROM KIM ROOF Ind AM ROT TOP W SIDFA K CAM.. MSG FROPERI1 LINE KC. LON 0 RCM Or NM U1E EA0EVCNT LIE TREC NE LEGEND 1) AMA b N1 a Lwnlry e . TIa Y e gaeMlwa tgapePbe map. TM pooped, Enos end ewer.. el. Rom en P.M MORIMpmaUan 11 MI. Renee. II* Su*, bomb. tM Ioomroo [ AAA to WPM IManMIT WMq Ind NO bend Reumeny moon Rarem. Ne Mb naveR -a• (nM od by Floyd Sur... iaa. 31 Am *Melee mode 1n SR Inlmmelbe an INa Oland 0I9M2 (M eAlln men. 01 000* svrvg0q. IN. rMM. Floyd Srrv.F9. Inc. O any and al Way. 3) Ora beaS,P 9 RONSANN N N. tM P1,916 A aWf4O of Floyd Savoy. b/ Lc!.MI red be .2 m aV allow wok goose 1P 0,550o ca • Noll N'mIM] oh. n the a0a A I(wrep7Ny0 AMI 1a04 05. week. 1 le MMI M Na 91s�w 4) Mid curvy oampMae ee CMOSER 34 0011. PROPERTY LEGAL DESCRIPTION OVERALL SITE PLAN GENERAL NOTES UMW IACKITECTUAE 1 10.1111100 PREPARED FOR 411110 at&t M011LRT 6925 U15K BOULEVARD SAN WOO. CA 92121 PREPARED BY: DAF CHECKED 9Y: DAF APPROWD BY: DAF DATE REMSION5 . 10/31/11 SRE SURVEY 2. 1/2/17 NEW TORO FLOYD SURVEYING SREI E9MTR Rp. A\ EYE o6 -- 2a3 CAMA AMOK 1 0-M CAL (IAA) [KM IMne/]rvnMM9.®m r SITE NAAC PARADISE VILLAGE LTE 511E NUMBER SS0009 SITE ADDRESS 2680 EAST CH STREET NATIONAL CITY, CA 91950 SHEET TILE SITE SURVEY GENERAL INFORMATION SHEET NUMBER LS1 PM VC, Rll/GRIIKI IMAM RIIIINM4BP MIRY-PE0.01-00 LEGEND 1MM elmM,R Mope .M • loon. to the bvMnp. • RME DRAM • WE W112T O RWf MMi • 6A1CI.LITF RSI • 4WETC CO MMIE AEPN SIREILE 00*104 BC MOM OF DAD R PR4l e1OJR ELLYMON Rupp f£10E Top Room Rom mo N op. Pr ROM FLOOR RRAC ROOF AR COMMONER RIPE RMT PARNET MU ROM RAMpRM RIDE ROOF TOE RIM RODE TOP SI BIMNAII( BWICARYLOSIM LOSE MC. TIEWE MOM R IN PROPERTY 11M MOM OF - Mr LINE FOM NT TMROM U ROM ENE LEGEND 1) /No M M a MUH0 e4M4. T. I. �aPap Mk Tb 77: LI epems%y .Men RwMn MO M eb a Inrwnelbo . M No. In row lneromNro0 Me hereon. No. PM rth vol 1M Mrleomnl by NAY Bmvplro. No. 2) AN ebpee mode to \N MlemmM on MN Ron. *trout IM eXIM cement el P. Sarvefrp, Fre. nfine Eff. DRY... TY of m/ ar0 M norm, 6 1Nw area s geelNefuN M Ne pgyty a =ow*, N Smepl9. Ae. A: OM M N mod oo Mho wont nN wmemmu RA Me Surma. Mlim• crrrenanm Mob !ob eeeM 6 e4e b wMM on IM fo4 Bile. Ay mom 4M!I N le IN rWoe elMb SRNs, poor to eannfoneemMl elf *10 py eCh 9 INIe numb enmplelee en OCTOPI 2P. 2011. GENERAL NOTES i!1 ; UARrZ PREPARED By: 0AE CHECKED 8Y: DAE APPROVED BY: DAR DATE PENSIONS 10/21/11 SITE SURVEY 3/2/12 NEW TORO FLDYD SURVEYING 2R1 GREEN PM RD. YR R-_20 CORONA, CA P2822 cm: (P29) 2O0-0R2 EYAEi' IMMey eurvMgP.M. STE NAME PARADISE VILLAGE LTE SITE NUMBER SS0009 STE ADDRESS 2680 EAST CH STREET NATIONAL CITY, CA 91050 SHEET TITLE SITE SURVEY GENERAL INFORIVATION SHEET NUMBER LS2 ',RR llL, AILVISILBLIT URA 1 nmmm ARRRfh4M-61-00 eee ITS Wea l WAR ROAR dX M� vr idenie'rii DETAIL SITE PLAN d.lt LEGEND IRNn •ITd d ryr•Ne PR be lone in the dre•In> • 0.0A GRAM • ROOF LENT L SLTELLIIE A91 • EELOEIIC COMMAIE RSPN41 SURFACE R0Tr2M or CURB [per nom ELEnNN FENCE Fro ROOF STORM OWN RFAC ROOF AIR CONDIT.. RFPA ROUE PARAPET RPLT ROOF PLATFO.. RIDE ROOF TIE MOP ROOF 10P 9NEANX MISC. PROPER.' OW ESN -OF -MAT UNE GSM M LW FENCE IRS LEGEND ,) Td•Y Mn W., Ow, .44nrpcMa•! Tmr: nep Th• Pmp,lEry Em eM •1, 311b Fenn Rerten pm rs0e Lee.. n n ruo tent h FNOt S.eO1q. n tea. M teppr O n hero retnM h1arTCpM uos IM M1e IeFM by Fl 03 •ban li�an. NP Nb more•s adan,%d b Epa seMylno- tM. 2) 4y olmwpw mod. 1n IM GRormaln on 1%N p.n. •IIMR IM WI. mnNR M FMd ELTMn0G MP. ,•bow IMd et ay end ell MOM, El .14 VW.. a yeelnMMM ere theproper s oopp6gnt al FNyd 9,rv.Rhn. Int.b . .boll M M owl on any .er Rea ereeplpeCly eel nitn thewna . yer. Wt. el,♦a.R Men lebrscenes env sealed • shell DO werthed on . Airy Jwrpency}wmW% be he,. Le h mtba el Un 'a. 1 mnvnemenwnl al dry rnh. 4) Me ...^ey m^UV1ed m MOCER 20. 2011. GENERAL NOTES UMW A CWf C1UR( 11 ELAmm�s PREPARED BY: DAG CHECKED Bri OAF APPROVED BY: DAP DATE 10/31/11 .1/x/12 REVISIONS SITE SURVEY NEW T0P0 CORON�A, CA 12662 EvuELL Wi(lly a S.aom SITE NAME PARADISE VILLAGE LTE Silt NUMBER ss0009 SITE ADDRESS 2660 EAST IITN STREET NATIONAL ore, CA 91950 SHEET TITLE SITE SURVEY GENERAL INFORMATION SHEET RUNNER LS3 MUNI LEGEND R,..e Venda, Anneal. MI Pe lewd In In. Om, • ROOF MAY Goer WHET • RWPgT • SATELLITE qpI • GEODETIC C1Jng4ATf MPR ASVNLLi SURFACE fit RORW 00 MIRY ELEVATOR ER. 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PREPARED BY: OAF CHECKED BY OAF APPROVED BY: DAF DATE 10/31/11 3/2/12 REVISIONS SITE SURVEY W T0P0 FLOYD A\ SURVEYING 2521 EREEN MR 60. ttaf--mm CORO.. 22.62 COL 1 lab) ...,,t n: WA4RIMp.an.Tme.eem SITE NAME PARADISE VILLAGE LTE SITE NUMBER SS0009 SITE ADDRESS 2680 EAST 4TH STREET NATONAL CITY, CA 91950 SHEET 'ME SITE SURVEY GENERAL NFORMATION SHEET NUMBER LS4 at&t 1 SD0259 PARADISE VILLAGE 2720 EAST 4TH STREET NATIONAL CITY, CA 91950 LOOKING NORTH FROM THE SUBJECT SITE 2 LOOKING SOUTH FROM THE SUBJECT SITE 33 3 4 SD0259 PARADISE VILLAGE 2720 EAST 4TH STREET NATIONAL CITY, CA 91950 LOOKING EAST FROM THE SUBJECT SITE LOOKING WEST FROM THE SUBJECT SITE 34 ate SD0259 PARADISE VILLAGE 2720 EAST 4TH STREET NATIONAL CITY, CA 91950 5 LOOKING NORTH TOWARD THE SUBJECT SITE 6 LOOKING SOUTH TOWARD THE SUBJECT SITE 35 7 8 SD0259 PARADISE VILLAGE 2720 EAST 4TH STREET NATIONAL CITY, CA 91950 LOOKING EAST TOWARD THE SUBJECT SITE LOOKING WEST TOWARD THE SUBJECT SITE 36 SD0259 PARADISE VILLAGE 2720 EAST 4TH STREET NATIONAL CITY, CA 91950 EXISTING COVERAGE WITHOUT SITE SD0259 LEGEND EXCELLENT COVERAGE GOOD COVERAGE MM AVERAGE COVERAGE n POOR COVERAGE I-1 NO COVERAGE at&t SD0259 PARADISE VILLAGE 2720 EAST 4TH STREET NATIONAL CITY, CA 91950 NETWORK COVERAGE WITH PROPOSED SD0259 LEGEND EXCELLENT COVERAGE GOODCOVERAGE AVERAGE COVERAGE ED POORCOVERAGE Q NO COVERAGE at&t SD0259 PARADISE VILLAGE 2720 EAST 4TH STREET, NATIONAL CITY, CA 91950 LOOKING SOUTH TOWARD SUBJECT SITE SITE PRIOR TO INSTALLATION SITE AFTER INSTALLATION VICINITY MAP D ANTENNA . NSl l NEW CUPOLA. T!l<COM Inc CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 45 ITEM TITLE: (Notice of Decision — Planning Commission approval of a Conditional Use Permit modification and Zone Variance for less than required parking for an apartment complex located at 2525 Highland Avenue (Applicant: Nationwide Enterprises.) (Case File 2014-05 CUP, Z) PREPARED BY: Martin Reeder, AICP'', DEPARTMENT: PHONE: 1336-4313 APPROVED BY: EXPLANATION: (The 1.03-acre property is located on the east side of Highland Avenue, south of 24th Street in the Major Mixed -Use Corridor (MXC-2) zone. The site contains a three-story structure currently operating as a senior independent living facility (apartments). There is also a 55-space parking garage and an adult day care on site. The most recent approval on the site (2010-19 MCUP, Z) required a parking agreement with the neighboring church for overflow parking. The applicant wishes to modify the current CUP to remove this condition. The proposal includes the conversion of the adult day care to 23 parking spaces. The applicant has also applied for a Zone Variance for less than required parking, as removal of the parking agreement would result in a shortage of on -site parking as required by the Land Use Code. Planning Commission conducted a public hearing on June 2, 2014. Commissioners asked questions regarding business operations, findings, and conditions of approval. The Commission voted to approve the Conditional Use Permit based on attached findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.] FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA (existing facility, no expansion) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 'Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: (The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Flores, Pruitt Absent: Bush, Garcia ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report; 3. Resolution No. 14-2014 MXC-1 2400 2428 2432 2440 2504 2530 Olivewood Elementary APN: 563-010-50 E. 24t `'t 1 a. 1 MXC-2 2605 0 T 0) 2416 /, RS 3 2440 RS-2 2503 RS-3 2504 RS-3 2604/ 7 U 2510 ' E 26th St 2604 I i I !Feet 0 70 140 280 Planning Commission Location Map 1 1 1 1 1 1 1 1 1 1 1 1 1 2014-05 CUP, Z 04..23.1.4 1 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 7 June 2, 2014 PUBLIC HEARING — CONDITIONAL USE PERMIT MODIFICATION AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING FOR AN APARTMENT COMPLEX LOCATED AT 2525 HIGHLAND AVENUE. 2014-05 CUP, Z 563-010-50 Martin Reeder, Principal Planner Nationwide Enterprises Joseph Bendah MXC-2 (Major Mixed -Use Corridor) 1.03 acres Multi -family Residential / MXC-2 Single-family Residential / RS-2 and RS-3 Church / MXC-2 Olivewood School across Highland Avenue / I Not a project under CEQA (existing facility, no expansion BACKGROUND Previous Information This item was continued off calendar at the meeting of May 5, 2013. At that time the potential buyer was attempting to reach an agreement with the neighboring church regarding a modified version of a previous agreement. However, such an agreement was not able to be made. The applicant wishes to move forward with the application. Site Characteristics The site is located on the east side of Highland Avenue, between 24th and 26th Streets. The 1.03-acre, roughly L-shaped parcel extends from Highland Avenue to I Avenue and is zoned Major Mixed -Use Corridor (MXC-2). The site contains a three-story structure previously approved as a 151-unit senior assisted living facility, with some surface parking and underground parking (totaling 55 spaces), and an adult day care. The site slopes 8 feet within the first 45 feet of the property from Highland Avenue. History A 151-unit, 230 bed, assisted living facility was approved for the site in 1987. In 2002, a parking Variance was approved to allow a portion of the parking garage to be converted to an adult day care and reduce the allowable number of beds to 190. In 2010 the applicant was approved for the conversion of the property to a 151-unit senior independent living facility with a variance for less than required parking (apartments require more parking than an assisted living facility). As part of the 2010 approval, the applicant was required to have a parking agreement with the neighboring church for overflow parking. The agreement has since ceased to be honored by either signing party due to a dispute, which is proving to be a problem for potential buyers trying to acquire the property. The agreement includes language that it cannot be removed without the express written permission of the City. Proposed Use The applicant wishes to modify the Conditional Use Permit to remove an existing condition requiring an agreement for overflow parking on the adjacent church lot. As part of the proposal an existing Adult Day Health Care Center on the project site would be converted back to parking spaces. Although 23 parking spaces would potentially be added back to the site due to closure of the day care center, the removal of the agreement for parking on the adjacent property would result in a shortage of on -site parking as required by the Land Use Code. Therefore, the applicant has also applied for a Zone Variance for less than required parking. Analysis Senior apartments are considered the same as standard apartments with regard to parking. In a normal case, a 151-unit apartment complex would require a minimum of 218 spaces to be provided on site (1.3 spaces per unit plus guest parking). There are only 55, although conversion of the day care center would add 23 more for a total of 78 parking spaces. However, other recent senior apartment complexes have been 3 approved with Tess parking due to less need for personal vehicles for seniors. This was done through the City's previous CUP process, which allowed for exceptions (similar to a variance) to be processed as part of the CUP application. The city has approved two senior living complexes since 2005. Paradise Village was approved at a ratio of 0.8 parking spaces per unit and Plaza City Apartments was approved at a ratio of 0.65 spaces per unit. In order to be consistent with the lowest required parking ratio (0.65/unit), the subject property would need to provide 98 parking spaces. This equates to a shortage of 20 parking spaces, or 43 if the day care center is not converted. Without additional parking, the ratio would be 0.52 spaces per unit, a full 20% less that Plaza City Apartments. Zone Variances are meant to provide adjustments to avoid practical difficulties and unnecessary hardships with respect to a particular piece of property, which is not enjoying the privileges commonly enjoyed by other properties in the same vicinity and zone. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site, or because of the location of existing structures on the site, or from setbacks or building lines, or from geographic, topographic, or other physical conditions on the site or in the immediate vicinity. In this case, the location of the existing residential building and parking lot due to the shape of the lot and topographic constraints make it impractical to provide additional parking. In order to approve a Zone Variance, the Planning Commission must make three separate findings: 1. Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. 3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation goveming the parcel of property. (Re: Finding No. 1) In this case, the steep topography at the west end of the site has limited how the property was initially developed, as has the L-shaped configuration of the property — potential development is constrained due to the existing improvements having been designed to fit the odd -shaped lot, although all minimum standards (e.g. width, depth, etc.) are met. As a result, the location of existing buildings on the property makes it impossible to provide another 20 parking spaces (for a total of 98) without removing and rebuilding existing improvements. This is a hardship to the property 4 owner. Other senior apartment complexes under the same land use designation — Major Mixed -Use — including the Plaza City Apartments and Paradise Village have a reduced parking ratio compared to that required by the Land Use Code. It should be noted that Paradise Village and Plaza Senior Apartments are located on lots that are much larger than the subject property (9.62 and 1.65 acres respectively), and are more regular in shape. Therefore, these properties are enjoying privileges that the subject cannot as easily realize. In addition to the constraints discussed above, there has also consistently been an excess of parking available at the site. The applicant has maintained that the parking facility is never full. To bolster this claim, the applicant provided information on the number of licensed vehicles owned by residents, which is 19. Staff has visited the facility on several occasions and noted between 15 and 20 parking spaces empty during the day (during day care operating hours). The applicant has stated that day care staff parks in the parking garage and that there are usually up to 12 staff on site at one time. If the day care center were to be converted back to parking, it would be expected to result in approximately 50 free spaces. A recent site visit conducted after the day care center was closed observed only 25 cars, roughly consistent with the applicant's claims. Under current and expected circumstances, it can be seen that enough parking exists to support the facility. Furthermore, the previous approval was specifically for senior independent living. No change from this use would be possible without further modification of the CUP, which the applicant is not currently requesting. (Re: Finding No. 2) This Zone Variance is also subject to conditions that will assure that the adjustment does not constitute a grant of special privileges. Specifically, conditions require that the property be restricted to senior residential use only and that an annual parking survey be conducted to ensure that adequate parking is provided. In the event that adjacent areas are impacted due to inadequate parking, measures would be taken to remedy any impacts. This would include requiring nearby off -site parking in the amount necessary to bring the property into compliance with other similar uses (0.65 spaces per unit minimum) and/or reducing the number of units in use to offset the parking shortage. (Re: Finding No. 3) The Zone Variance would not permit a use otherwise not allowed by the Land Use Code, as apartments are a permitted use in the MXC-2 zone. Furthermore, restricted senior apartments have been permitted elsewhere in the City with reductions in required parking. Generally, there are not any expected adverse effects that would result from approving this Zone Variance. Other senior residential complexes have received reduced parking, although not at such a reduced ratio (0.52). However, in the event that the facility has a significant change in population (e.g. an increase number of "younger" seniors who are more likely to still drive and own a car), there may be increased parking demand that might not be able to be accommodated onsite, which would potentially impact adjacent properties and/or neighborhoods. In order to offset potential impacts, a condition has been added to require an annual parking review, which may require a reduction in the 5 units occupied and/or offsite parking provided to the satisfaction of the Planning Commission. Summary The subject property has a history of changing uses that have proved challenging due to the limited number of parking spaces built for the original assisted living facility. However, it is apparent that not all parking spaces are used very often, if at all. With the conversion of the adult day care, an additional 23 parking spaces would be provided, which would provide excess spaces should more be needed. If the findings for approval of the Zone Variance can be met, it would be appropriate to remove the previous CUP condition requiring the off -site parking agreement with the church. If the findings cannot be made, the condition should not be removed, although it could be modified to require a specific number of spaces `off -site" nearby, rather than specifically at the church. This would remedy the current disagreement between the subject property owner and the church property. It should be noted that the previous CUP approval was for senior independent living. This use would not change and would also be more restricted to this use (see condition no. 10). Therefore, adding 23 parking spaces would improve the already underutilized parking situation and limiting the use to senior independent living would guard against a change in use that would increase parking demand. 6 RECOMMENDATION 1. Approve 2014-05 CUP, Z based on the attached findings/findings to be determined by the Planning Commission; or 2. Deny 2014-05 CUP, Z based on the findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Site Photos 5. Public Hearing Notice (Sent to 38 property owners) 6. Planning Commission Resolution 19-2010 MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 7 RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 2014-05 CUP, Z — 2525 Highland Avenue 1. That because of special physical and other circumstances occurring at the site, including topography, existing buildings and parking structures, the strict application of Land Use Code, Title 18, Chapter 18.45 (Off -Street Parking and Loading) deprives the property owner of the ability to make the best use of the property while maintaining the existing property improvements, since the prior use and parking have been sufficient, and since no change of use is proposed but rather 23 more parking spaces will be provided. 2. That the requested Zone Variance is subject to conditions that will assure that the proposed parking variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since 23 additional parking spaces will be provided, since the facility will be restricted to seniors, and since an annual parking review will be conducted to ensure that adequate parking will continue to be provided. 3. That the Zone Variance does not authorize a use or activity that is not otherwise expressly permitted by the zoning regulation governing the parcel of property, since senior apartments are an allowed use in the MXC-2 zone, in which the property is located, and since there has been an abundance of parking available on site for the history of this use and that 23 more parking spaces will be provide through conversion of the adult day care to parking area. s RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT MODIFICATION 2014-05 CUP, Z — 2525 Highland Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since senior apartments are a permitted use and since no additional units are being added. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since senior apartments are consistent with Housing Element goals and are a permitted use within the Major Mixed -Use land use designation, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since repeated site visits have determined that the existing parking facilities are in excess of what is currently in need by residents of the property, and since the existing adult day care will be converted to provide 23 additional parking spaces. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional units are being added, and since the existing adult day care will be converted to provide 23 additional parking spaces, thus reducing parking demand. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conversion of the adult day care to parking will reduce parking demand. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental .review pursuant to Class 1 Section 15301 •(Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit and Zone Variance. 9 RECOMMENDED CONDITIONS OF APPROVAL 2525 Highland Avenue — 2014-05 CUP, Z General 1. This Conditional Use Permit and Zone Variance authorize the removal of Condition of Approval number 11 of Planning Commission Resolution 19-2010 in association with a senior independent living facility located at 2525 Highland Avenue and the conversion of the existing adult day care to a parking garage. 2. Unless specifically modified, removed or superseded by adoption of these conditions, all Conditions of Approval contained in Planning Commission Resolution 19-2010 are still in effect and apply to the subject property. 3. Before this Conditional Use Permit and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 5. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 6. Conversion of the use of the property to a permitted use that provides all necessary parking as required by Chapter 18.45 (Parking and Loading) of the National City Municipal Code shall automatically terminate this Conditional Use Permit and Zone Variance. Building/Fire 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 8. A demolition permit shall be required for removal of any structure or portion thereof associated with conversion of the adult day care center to parking garage. 10 Planning 9. An annual parking review shall be conducted, beginning twelve months from the approval of this Conditional Use Permit modification and Zone Variance, to ensure that there are no parking impacts on neighboring streets or other nearby properties caused by approval of said permits. If any such impacts are observed as a result of these permits, a reduction in the number of units may be required and/or offsite parking provided to the satisfaction of the Planning Commission. 10. Residency of the building(s) at 2525 Highland Avenue shall be "restricted to persons over the age of 55 years old only (seniors). The facility shall function as a senior independent living facility only. The facility may be converted back to a senior assisted living facility with appropriate state approvals and permits, and subject to Condition No. 6. 11. No more than 151 individual units may be constructed, created, or resided in without modification of this permit. 12. The existing adult day care shall be converted back to a parking garage and shall provide a minimum of an additional 23 parking spaces. 13. No regular pedestrian access between the parking garage and "I" Avenue shall be permitted. The access door to "I" Avenue from the parking garage shall be converted to an emergency exit subject to the requirements of the Fire Department. 11 Site Photos — 2014-05 CUP — 2525 Highland Avenue Overhead view Property looking east 12 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT MODIFICATION AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING FOR AN APARTMENT COMPLEX LOCATED AT 2525 HIGHLAND AVENUE. CASE FILE NO.: 2014-05 CUP, Z APN: 563-010-50 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, June 2, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Nationwide Enterprises). This item was originally scheduled to be heard at the May 5, 2014 Planning Commission meeting, but was continued off calendar at that time. The applicant wishes to remove an existing condition requiring an agreement for overflow parking on an adjacent lot. As part of the proposal an existing Adult Day Health Care Center on the project site would be converted back to parking spaces. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., June 2, 2014, who can be contacted at 619-336-4310 or plannincanationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY P NNING DEPARTMENT BRAD RAULSTON Executive Director 13 RESOLUTION NO. 19-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT FOR A CHANGE OF USE FROM A SENIOR ASSISTED LIVING AND ADULT DAY CARE FACILITY TO A SENIOR INDEPENDENT LIVING AND ADULT DAY CARE FACILITY AND A VARIANCE REQUEST TO ALLOW LESS THAN THE REQUIRED PARKING TO ACCOMMODATE THE CHANGE OF USE TO AN INDEPENDENT LIVING FACILITY APPLICANT: JOSEPH BENDAH CASE FILE NO. 2010-19 MCUP, Z WHEREAS, the Planning Commission of the City of National City considered a Modification to an existing Conditional Use Permit for a change of use from a senior assisted living and adult day care facility to a senior independent living and adult day care facility and a Variance request to allow Tess than the required parking of accommodate the change of use to an independent living facility at 2525 Highland Avenue (APN: 563-010-50), at a duly advertised public hearings held on August 16, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-19 MCUP, Z maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on August 16, 2010, support the following findings: CONDITIONAL USE PERMIT MODIFICATION: 1. That the site for the proposed change of use is adequate in size and shape since the project site accommodates the existing three story building with underground parking and an adult day care facility and no expansion or change in the exterior is proposed. 2. That the site had sufficient access to streets and highways, since the site fronts on Highland Avenue, a major roadway, with medical, banks, stores, and markets along Highland Avenue and MTS bus service is provided and no increase in traffic is expected. 14 3. That the proposed use will not have an adverse effect upon adjacent and abutting properties since the change of use is a minor change and is compatible with existing residential development to the north and east and is located along a major transportation corridor. 4. That the proposed use is deemed essential and desirable to the pubic convenience or welfare, since it will provide for needed senior housing and will facilitate a viable use and provide flexibility to ensure the economic viability of the property. VARIANCE: 1. That because of special circumstances exist on the site including existing buildings and parking structures, that make strict application of Land Use Code, Title 18, Chapter 18.58, Off -Street Parking deprives the property owner of the ability to make the best use of the property while maintaining the existing property improvements and since the prior use and parking have been sufficient and the change of use is a minor change that will not necessitate a great demand for parking and a passenger van will continue to provide service for adults to the adult day care facility.. 2. That the requested variance is subject to conditions that will assure that the proposed parking variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated since additional parking will be provided on the adjacent church parking lot to accommodate visitors and short term parking, public bus service is available at the site, the adult day care provides recreational services, and the facility offers meals, cleaning and laundry services thereby reducing the need for residents to have and maintain a car. 3. That the variance does not authorize a new use or activity that is not otherwise expressly authorized by the zoning regulation governing the parcel of property, since the proposed parking variance will not change the existing configuration and built environment and will only facilitate the change of use from assisted senior living to independent senior living. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Modification to the Conditional Use Permit and Zone Variance authorizes the change is use from an senior assisted living facility to a senior independent living facility and a reduction is the required on site parking at 2525 Highland Avenue. Except as a required by conditions of approval, all plans submitted for permits associated with the project shall conform with existing improvements and use and parking as described in the staff report contained in Case File 2010-19 MCUP, Z. Any change to the use shall require a modification of the Conditional Use Permit. 2. Before this Modification of the Conditional Use Permit and Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return 15 the signed and .notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and accessibility regulations. 6. Van accessible parking spaces shall be provided with proper path of travel and signage and shall be approved by the Building Official. Fire 7. Plans must comply with the 2007 editions of the NFPA and CFC. 8. The property owner shall ensure that the existing fire alarm system and extinguishers are maintained and operational for the life of the facility. Planning 9. Attendees at the Adult Day Care shall pick up and dropped off at the entrance to the facility from Highland Avenue. 10.The maximum occupancy of the day health care center shall be limited to 90 participants. 11. Within 30 days of the approval, an agreement, reviewed and approved by the City Attorney, shall be signed, notarized, and recorded with the County of San Diego by both the owner of the senior apartments and the representative for the Highland Avenue Baptist Church that allows for the use of the church parking lot by the senior apartments located at 2605 Highland Avenue except as follows: • The parking lot shall not be used on major events such as a wedding or funeral conducted at the church. ■ The parking lot shall not be used on Sundays during service. • No cars shall be left overnight without permission by the church, or they may be subject to towing at their own expense. 16 • The parking lot shall be maintained and not inoperable vehicles shall be stored on the parking lot at any time. 12.The property, parking areas, and parking garage shall be kept free of trash and the garage shall not be used for storing furniture and other items. 13.The applicant shall maintain the driveway with adequate mirrors to assist in safe vehicular ingress and egress, a handicap spaces at the front entrance to the senior living facility and one to the adult day care, and a clear identified pedestrian path from the living facility to the adult day care facility. 14..AII landscaping shall be maintained and any dead or decaying vegetation shall be removed and replaced; the irrigation system shall be properly maintained in good working order; and the site shall be kept free of weeds and trash. 15.The applicant shall work with MTS transit services to determine an appropriate bench and location and shall install a bench to the satisfaction of MTS and the City. 16.The Conditional Use Permit and Zone Variance shall be brought to the Planning Commission for review to ensure the continued adequacy of parking, consistent with the Variance findings made as part of this approval, within three years from the date of this approval. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and 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 filed 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 August 16, 2010, by the following vote: AYES: DeLaPaz, Ferias, Alvarado, Baca, Pruitt, Reynolds, Flores. NAYS: ABSENT: ABSTAIN: AI AN 17 RESOLUTION NO. 14-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING FOR AN APARTMENT COMPLEX LOCATED AT 2525 HIGHLAND AVENUE. APPLICANT: NATIONWIDE ENTERPRISES CASE FILE NO. 2014-05 CUP APN: 563-010-50 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and zone variance for Tess than required parking for an apartment complex located at 2525 highland Avenue at a duly advertised public hearings held on June 2, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2014-05 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 2, 2014, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special physical and other circumstances occurring at the site, including topography, existing buildings and parking structures, the strict application of Land Use Code, Title 18, Chapter 18.45 (Off -Street Parking and Loading) deprives the property owner of the ability to make the best use of the property while maintaining the existing property improvements, since the prior use and parking have been sufficient, and since no change of use is proposed but rather 23 more parking spaces will be provided. 2. That the requested Zone Variance is subject to conditions that will assure that the proposed parking variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since 23 additional parking spaces will be provided, since the facility will be restricted to seniors, and since an annual parking 18 review will be conducted to ensure that adequate parking will continue to be provided. 3. That the Zone Variance does not authorize a use or activity that is not otherwise expressly permitted by the zoning regulation governing the parcel of property, since senior apartments are an allowed use in the MXC-2 zone, in which the property is located, and since there has been an abundance of parking available on site for the history of this use and that 23 more parking spaces will be provide through conversion of the adult day care to parking area. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT MODIFICATION 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since senior apartments are a permitted use and since no additional units are being added. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since senior apartments are consistent with Housing Element goals and are a permitted use within the Major Mixed -Use land use designation, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since repeated site visits have determined that the existing parking facilities are in excess of what is currently in need by residents of the property, and since the existing adult day care will be converted to provide 23 additional parking spaces. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional units are being added, and since the existing adult day .care will be converted to provide 23 additional parking spaces, thus reducing parking demand. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conversion of the adult day care to parking will reduce parking demand. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit and Zone Variance. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 19 General 1. This Conditional Use Permit and Zone Variance authorize the removal of Condition of Approval number 11 of Planning Commission Resolution 19-2010 in association with a senior independent living facility located at 2525 Highland Avenue and the conversion of the existing adult day care to a parking garage. 2. Unless specifically modified, removed or superseded by adoption of these conditions, all Conditions of Approval contained in Planning Commission Resolution 19-2010 are still in effect and apply to the subject property. 3. Before this Conditional Use Permit and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 5. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 6. Conversion of the use of the property to a permitted use that provides all necessary parking as required by Chapter 18.45 (Parking and Loading) of the National City Municipal Code shall automatically terminate this Conditional Use Permit and Zone Variance. Building/Fire 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 8. A demolition permit shall be required for removal of any structure or portion thereof associated with conversion of the adult day care center to parking garage. Planning 9. An annual parking review shall be conducted, beginning twelve months from the approval of this Conditional Use Permit modification and Zone Variance, to ensure that there are no parking impacts on neighboring streets or other nearby properties caused by approval of said permits. If any such impacts are observed as a result of 20 these permits, a reduction in the number of units may be required and/or offsite parking provided to the satisfaction of the Planning Commission. 10. Residency of the building(s) at 2525 Highland Avenue shall be restricted to persons over the age of 55 years old only (seniors). The facility shall function as a senior independent living facility only. The facility may be converted back to a senior assisted living facility with appropriate state approvals and permits, and subject to Condition No. 6. 11. No more than 151 individual units may be constructed, created, or resided in without modification of this permit. 12.The existing adult day care shall be converted back to a parking garage and shall provide a minimum of an additional 23 parking spaces. 13. No regular pedestrian access between the parking garage and "I" Avenue shall be permitted. The access door to "I" Avenue from the parking garage shall be converted to an emergency exit subject to the requirements of the Fire Department. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and 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 filed 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 June, 2014, by the following vote: AYES: Baca, Pruitt, Flores, Alvarado, Dela Paz NAYS: None ABSENT: Garcia, Bush ABSTAIN: None CHAIRPERSON 21 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 46 ITEM TITLE: !Temporary Use Permit — Halloween retail tent store hosted by Halloween Tyme LLC at Westfield Plaza Bonita Mall from August 20, 2014 thru November 10, 2014 with no waiver of fees PREPARED BY: IVianey Rivera PHONE: (619) 336-4364 EXPLANATION: This is a request from Halloween Tyme LLC dba "Halloween Express" to open a emporary outdoor Halloween retail tent store at Plaza Bonita Mall from August 20 thru November ' 0, 2014. Daily hours will be from 9 a.m. to 10 p.m. DEPARTMENT: Nei: borr,00d Services Division APPROVED BY: This 50 x 150sf tent will be set-up on the westside parking lot of the mall adjacent to Ring Road within lot number location known as Lot #1. This outdoor tent will provide the community with a wide product selection of seasonal items such as Halloween costumes, decorations, and accessories. At the end of the season, starting November 1st, Halloween Express will have a three day 50 percent liquidation sale. If approved, this temporary structure may require additional permits and inspections from both the Building and Fire Department prior to opening for business. Westfield Plaza Bonita security and the applicant's staff will serve as security during the business and closed hours of operation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: the City has incurred $237.00 for processing the TUP, and $400 for Fire Department. Total fees are $637.00 j ENVIRONMENTAL REVIEW: N/Ai ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: lApprove the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Community vent _ Parade _ Demonstration _ Circus _ block Party _ Motion Picture — Grand Opening �t Other tt.TAtt. GALE Event Title: 1}ALLOWEE.t4 RETAIL 'TENT Event Location: PAAW.lN6 LoT 2 AT WF_STFIELD PLAZA BDNITA MALL. Event Date(s): From 11/7 l% $ to tt/io/t`t Actual Event Hours: 9:00 a©i/pm to /o. oo am/ r0 Total Anticipated Attendance: ( Participants Spectators) Setup/assembly/construction Date: s/z./t-t Start time: $too ,t.,t, Please describe the scope of your setup/assembly work (specific details): NAt.a oWEEN EXPRESS' 1N fl AL SETUP P 15 A TWO WEEK. pR.o6I2.ESS , 1T 14O.D1 3 PEP.Ml_i 1P,* AND itAncricit4. NULL Jk A D TRAWINta 1 coOIZDIIJATItti Wm TENT DEt.1VEW/ A240 seruv TEAM t_cIx-riAtE $UILDIWty, pps,NLT twyEt.trutzly AND SETUP . Dismantle Date: Hilo/tut Completion Time: (o .00 am/e 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. Nowt Sponsoring Organization: Chief Officer of Organization (Name) MATNEHI EANR Applicant (Name): la ,t_LowEE A 'MAE 1.t-c UB# I4AL1 aWE.EN Fx PReSS 7-i 3 � F H B' /f(a oye,/ Address: Daytime Phone: (4ty) 203. 0c113:3 Evening Phone: ( ) SirE Fax: (440 56S• tv(or5 E-Mail: MMFA*-IR@ EMAIL. CoM Contact Person "on site" day of the event: MA'M>:W FA4442 Cellular: 41443-19Sso1 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS s your organization a "Tax Exempt, nonprofit" organization? _ YES NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 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. 52E AA3'Ac.HEP IE's(42.1710+J 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 iC NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: 1-At-LOWEeN Cc 1UMF—S At,Grc.SSW-MS t r P Of-C.c 11D1.1S -YES' NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. , )YES _ NO Do_ the event involve the use of tents or canopies? If YES: Number of anopies 1 Sizes 5o X Igo f+m ¢.t i 76,00 SQFt NOTE: A arate 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): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) =Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: MALL58C.7R1ry NJD HAIL-owEE4'4 xtv-ass ammo yEES YES NO Have you hired any Professional Security organization to handle security arrangefnents 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: 11Jk►..010EEsl V.M.6 S. taou¢S AdiE -rn IO cot) Pm. WEWILL 115E Sp&E EL LIEVny'101.1AVE StANIMRD 1►JI tJVA.L 1.14a4107 AND Mu- USE PA124411.16 LOT LismTS AS wV.11. AS Sat AE i' ..00P Lt .HTS Ts t 1Lt7M1 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. O)T s tom' Please describe your Accessibility Plan for access at your event by individuals with disabilities: b1 AC3 -0 PtEAs FIND A Nte,P taktEf2e. TIRE. -r W 1 La_. SE SST ye AND 1411a..uouiFE.I.1 FjIZESS W tt,L. I1SE MALLS siS 1NC, Mo.121e-ED PA1Z►c.INCr Spoi$. ,e .LD DKo.sLEp S.ppTS, Please provide a detailed description of your PARKING plan: 6U�FtUFNZ E tS'19NE. PA2.1€11V6 >N O11.I CL. A.12446. of --n.LE HALL , Please describe your plan for DISABLED PARKING: t_XISTIN6 Di p PAR--114,- AVAILI>SL.E IN "1}t MINCE. Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES 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 4 NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES / NO 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 x NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: aca2X-4t t6 LOT UGNTS At.UP r1wI, i-IGHTS 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 HIgkvi.-i, FAiajzo Person in Charge of Activity/A4 of &/ / 2( it Y.'/ Mlov7�✓`' ' 4- Address 7 g �TUenglet cod0.4/"Y) l 2- se, rnwrr'121 aff Telephone 7 y r. 300 [ADate(s) of Use 44/6 Ared, (Pa �a✓ 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 .ional Ci 3/18/2014 1 alidation Re HARGES- 01.-00000-3040 L 94931 $ 01-00000-3043 B1186 State Disability A$ CITY OF NATIONAL CITY Finance Department 619 336-4330 56 / 4r1 3 03:54.000 Reg CASH22 eipt 65.00 1.00 Sub -total YMENT- eck - 1170 yme Change THANK YOU! usiness Hours: :00 - 6:00 Monday Through Thursday losed on Fridays THIS INESS RETURN THIS FORM, INFORMATION ANC CHECK TO: CITY OF NATIONAL CITY BUSINESS LICENSE DIVISION 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 PHONE: (619) 336-4330 Limited Liability Corp (414)803-8989 Febrtuiff28, 2014 Per 3751FI]Yd'�c 9431 20-5012355 101-124373 354 R) e-ele ^I A4--he7ee4 :SS LICENSE TAX RATE SCHEDULE ON GROSS RECEIPTS (ENTER TOTAL ON LINE 1 BELOW) LY A. l ype ..... up-contracror - VLSI -or -rows $ 135.00 _ B.Type "A" or "B" contractor - Out-of-town $ 200.00 — C Adult only movie theater — D. Adult only book store — E. Amusement arcade — F. Bowling alley - G. Dancehall _ H. Fortune telling _ I. Bingo _ J. Pawn broker — K. Swap meet _ L. Mobil searchlight advertising 535.00 535.00 265.00 265.00 805.00 265.00 50.00 400.00 6,000.00 135.00 _ M.Mobil amusement vehicle — N. 2nd Location in National City O. Registered Not -for -profit — P. Fee exempt — Q. Warehouse incidental to business (Business must be in National City) S. Auctioneer $ 135.00 T. Out-of-town vendor $65.00 per vehicle $65.00 x vehicles = U. Retail food & beverage vendors $200.00 per vehicle $200.00 x vehicles V. Coin Operated Machines/Video Machines-$55 per machine X Machines= 1. Tax Amount (ENTER AMOUNT DUE BASED ON BUSINESS TYPE ABOVE) C. PENALTY TABLE 65.00 20.00 N/C N/C N/C PENALTY DUE State :.Mandated. DisatIIII :AC t E UcationlReoli fg Ft td 2. Total Due $ 'declare under aR I perjury, rM&aIT %rma , -. eined en this declaration rs true and co ct ,,, _ 7P,� .„ SIGNED PHONE `�T`J��T/ • ei DATE ��C,Y/�/ * On September 1 12, Governor Brown a ate Bill 1180 which adds a state fee of S1.00 on any applicant for a local business license or renewal. Effective January 1, 2013 th s fee will be required from all new business licenses or ienewals. The purpose of the fee is to provide a funding source for increased disability access and compliance with construction -related accessibility requirements and to develop educational resources for businesses in order to facilitate compliance with the federal and state disability law. Under federal and state law, compliaucc with disability access laws is a serious and significant responsibility ibat applies to all California is building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies: The Division of the State Architect at w ww.dgs.ca.gavidsa/Home.asps - The DeparWeot of Rehabilitation at wwwsebab.cabwnet.gov - The California Commission on Disability Access at wwsv.ocda.ca.gov CITY OF NATIONAL CITY Finance Department 619 336-4330 National City / 52871 03/20/2014 11:33:1 .000 Reg CASH11 Validation Recei CHARGES- 001-12124-3553 001121 halloween retail t$ __Sup-totaI Z* $ 400.00 /P1 YMENT- Check - 1171 haIIoween tyme Ilc THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays Owner Signature: BUS OWNER INFORMATION: CITY OF NAT SAL CITY IRE DEPARTMENT 243 National City Blvd. ational City, CA 91950-4301 Phone (619) 336-4550 Fax (619) 336-4562 r FOR USE OF TENT20/7= " - 201 + square feet CS lY rib= 1 _.. .__ :i' '. u1,p RECEIVED AT NCFD BY: Robert Hernandez AMOUNT: $400.00 CHECK NUMBER: 1171 ACCOUNT NUMBER: 001-12124-3553 DATE PAID: isew Fahr Avenida Codorniz Marcos, CA 92069. -803-8989 loween Retail Tent png Lot 2 at Westfield Plaza Bonita Mall ional City, CA 91950 3/20/14 Name: Street: City, State, Zip: (Area Code) Phone/Fax/Cell: Contractor's License No.: Halloween Tyme LLC dba: Halloween Express 784 Avenida Codorniz San Marcos, CA 92069 Ph:414-803-8989 Fx 866-568-6655 National City Business License No.: Finance Dept Approval By/Date: Contractor/Agent Signature: BL in File As shown on submitted site plan, all canopies/tents described below to 105 and all other applicable codes and ordinances. ed in accordance with CFC Chapter 24 Sectiod Quantity Canopy or Tent Size and Description To Be Erected On: To Be Removed On: 1 Tent 50 x 150 sgft. 8/20/14 11/10/14 STIPULATIONS: (All stipulations are to be followed at all times) 1. Clear Fire Department access must be maintained at all times. 2. Vehicles may not be parked within 20 feet of canopy/tent. 3. Vehicles are not permitted under canopy/tent. 4. Four (4) exits are required at all times. 5. Exits may not be blocked at any time. 6. Extinguishers required (2A1OBC. 7. Occupancy Load not to exceed persons. 8. "No Smoking" signs to be posted. 9. Temporary membrane structures, tents and canopies shall be used for a period of not more than 180 days within a 12-month period on a single premises. Inspection Date: 1 Permit for use of canopy/tent as noted above is: Approved I 1 Denied ] XX Inspector Signature: Site Plan Required Ixx Fees Paid $400.00 ignature of Fire Official Title Date Fire Marshal 3/20/14 Revision: 09/1548 1-IALLOWEEN EXPRESS Halloween Tyme LLC. dba Halloween Express 784 Avenida Codorniz San Marcos, CA 92069 T. 414-803-8989 F. 866-568-6655 Email. mmfahr@gmail.com Date: March 21, 2014 To: City of National City From: Halloween Tyme LLC Subject: Halloween Express Plan of Operation Halloween Express is excited to have the opportunity to enter into a tentative lease agreement with Westfield to set up a 50ft.by 150ft. tent at their Plaza Bonita Mall, in the City of National City. This agreement is contingent on permitting. We are requesting that the City of National City, grant us a temporary use permit to allow the tent to be set-up from August 20th to November loth, 2014. Halloween Express's initial set up is a two week process. It includes permitting and inspection, hiring and training, coordination with tent delivery & set up team, fixture building, product inventory set up and new inventory delivery. These steps are all subject to a domino effect that requires each part of the process to start and complete before the next steps can be taken. At the endof the season, starting November 14, Halloween Express has a three day 50 percent liquidation sale as well as three days of product inventory, fixture tear down and clean up. The final step is a two day tent tear down, therefore it is a eight day closing process. In order to ensure the tent is successful and presents a wonderful seasonalattraction to the community, Halloween Express is committed to have great product selection and great customer service. We employ about 20 to 25 part time and full time employees that will be working to complete and run the tent throughout the season. We will be open daily in September from 10:00 a.m. to 9:00 p.m. and in October from 9:00 a.m. to 10:00 p.m.. Halloween Express will have significant product cost, fix cost and set up expenses. In order to retrieve our costs and be competitive in the area, we will need to be open throughout September and October. We would appreciate for the city to consider our application for Temporary use permit to set up a tent from August 20th to Nov 10th 2014. Sincerely Yours, Mathew Fahr Halloween Tyme LLC Release and hold Harmless Agreement THE UNDERSIGNED HEREBY AGREES THAT: In consideration for Temporary Use Permit to erect a retail Halloween Tent In the shopping center commonly known as Westfield Plaza Bonita at 3030 Plaza Bonita Road in National City California, the undersigned, on behalf of itself and its neat of kin and anyone claiming through the undersigned, hereby releases, and forever indemnifies and hold harmless the City of National City and its officials, employees, agents and volunteers from any and all damages. losses, claims, demands, liabilities, obligations, actions and causes whatsoever, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, suspected or unsuspected, anticipated oc uuuu1Lkipaled, disclosed or undisclosed, and whether or not heretofore asserted, upon or by reason or us tt result of the use of or access to the Premises from and after the date hereof regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury. COMPANY: Halloween Tyme LLC, dba Halloween Express NAMR: Mathew Bahr TITLE: Member ADDRESS: 784 Avenida Codorniz, San Marcos, California, 92069 TELEPHONE NUMBER 414-803-8989 DATE: 3-21-2014 Release and Hold Harmless Agreement THE UNDERSIGNED HEREBY AGREES THAT: In consideration for Temporary Use Permit to erect a retail Halloween Tent in the shopping center commonly known as Westfield Plaza Bonita at 3030 Plaza Bonita Road in National City California, the undersigned, on behalf of itself and its next of kin and anyone claiming through the undersigned, hereby releases, and forever indemnifies and hold harmless the City of National City and its officials, employees, agents and volunteers from any and all damages, losses, claims, demands, liabilities, obligations, actions and causes whatsoever, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, suspected or unsuspected, anticipated or unanticipated, disclosed or undisclosed, and whether or not heretofore asserted, upon or by reason or as a result of the use of or access to the Premises from and after the date hereof regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury. COMPANY: Halloween Tyme LLC, dba Halloween Express NAME: Mathew Fahr TITLE: Member ADDRESS: 784 Avenida Codorniz, San Marcos, California, 92069 TELEPHONE NUMBER: 414-803-8989 SIGNATURE: DATE: 3-21-2014 HALLOWEEN EXPRES 373 PLAZA BONITA TENT - OUTSIDE LAYOUT ROAD side MACYS side ENTRANCE / OUTBACK side ROAD / PUMPKIN PATCH side HALLOWEEN EXPRES 373 PLAZA BONITA - OUTSIDE LAYOUT TOP OF TENT Halloween Express Location 150' X 50' - 8/20/14 - 11/10/14. Westfield, 11C AS -IS SITE PLAN ire.4e4�� se .�e,.0*. sew I MINN- SCALE Wesifiek! Plaza Bonita PLAZA BONITA y G. Yel S CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Halloween Tyme LLC EVENT: Halloween Retail Tent DATE OF EVENT: August 20 to November 10, 2014 TIME OF EVENT: 10 a.m. to 9 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments. RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event. FINANCE No comments. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways 2) Fire Department access into and through event 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 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) 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 7) A tent shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy 8) Provide a minimum of 2A:10BC fire extinguishers inside tent area. Extinguisher to be mounted in a visible location between 3%2`to 5' from the floor to the top of the extinguisher (See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher 9) Exit openings from tents shall remain open unless covered by a flame — resistant curtain. The curtain shall comply with the following: • Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit • Curtains shall be of a color, or colors, that contrast with the color of the tent 10) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not Tess than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point 11) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy 12) AU chairs used for seating inside tent shall be secured to one another using approved chair binding methods 13) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 14) Exit signs shall be GREEN in color and shall be of an approved self- lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: • Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less 15) Means of egress shall be illuminated with light (Bug Eyes) having an intensity of not less than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power 16) Exits, aisles and passageways shall not be blocked or have their minimum clear width obstructed in any mariner 17) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements and inspection or electrical 18) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies 19) Every room or space, shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall posted by the Building or Fire Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded 20) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted 21) Spot or effect lighting shall only be by electricity, and all combustibles construction located within 6 feet of such equipment shall be protected with approved noncombustible insulation not less than 9.25 inches thick 22) There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent structure 23) The floor surface inside tents and canopy structures and grounds outside and within a 30-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises 24) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 25) Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the Fire Department for this event 26) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 27) Fire Department fees can only be waived by City Council COMMUNITY SERVICES Community Services has no involvement in these events. POLICE No comments or stipulations. 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 insured's, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: JI.Ine 17, 2014 AGENDA ITEM NO. 147 JTEM TITLE: bity Council and National City Police Department response to the Chief Presiding Judge regarding Grand Jury Recommendation for instituting a senior volunteer program. PREPARED BY: Captain David Espiritu DEPARTMENT: Police PHONE: 336-4491 APPROVED BY: EXPLANATION: The National City Police Department has conducted a review of the Grand Jury's findings and recommendations on instituting a senior volunteer program. The Police Department agrees with all of the Grand Jury's Findings. As a result, the National City Police Department is committed to working collaboratively with the Grand Jury to implement the findings and recommendations of their report. The National City Police Department agrees to implement Grand Jury's Recommendation for Item No. 14-38. The City of National City recognizes the value of having volunteers in policing and the tremendous contribution these individuals make to our community. The National City Police Department has previously had an active Senior Volunteer Program in previous years. Unfortunately, the lack of volunteers has made the program dormant. In response, the National City Police Department has implemented the following changes: 1. A Senior Volunteer Brochure has been produced, 2 The Volunteer Application has been streamlined and shortened, 3. Active recruiting is taking place at service clubs, ommunity councils and senior centers and 4. In the process of developing a recruitment video, which can be iewed the department's website. The National City Police Department is required to submit a report by July 29, 2014, outlining the police department's efforts in this area. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve response to Grand Jury Reportl BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: >.013-2014 Grand Jury Report, "Senior Volunteers A Valuable Asset In Times of Economic Stress" Response from the Police Department to the Grand Jury *-' CAUFp:I/194 TIONCTT �+ e e q y� INCOQppRpTiD �.J1 NATIONAL CITY POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE June 4, 2014 Honorable David J. Danielson Presiding Judge of the Superior Court San Diego, Superior Court 220 West Broadway San Diego, CA 92101 Honorable Judge Danielson: This is an update report regarding the 2013-2014 Grand Jury Report, "Senior Volunteers a Valuable Asset in Times of Economic Stress". On June 17, 2014 the National City Council agreed via Council Agenda Statement, to support the Police Department in implementing the Grand Jury Recommendation 14-38. The Police Department is required to submit a report to the Grand Jury on July 29, 2014, outlining the City's efforts in this area. Since the June 17, 2014, City Council meeting, the instituting a Senior Volunteer Program recommendation was referred to the Police Department for further consideration and implementation. The project was assigned to the Community Services Division. Grand Jury's Recommendation - Item No. 14-38 Consider instituting a senior volunteer program in the jurisdiction. Response to Item No. 14-38: The following is the Police Department's actions and plans to date for increasing the existing Senior Volunteer Program. The City of National City agrees with this recommendation and recognizes the value of having volunteers in policing and the tremendous contribution these individuals make to our community. The National City Police Department has previously had an active Senior Volunteer Program in previous years. Office of the Chief of Police 1200 National City Boulevard, National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 www.nationalcitvca.Rov Unfortunately the lack of volunteers has made the program dormant. In response the National City Police Department has implemented the following changes: 1. A Senior Volunteer Brochure has been produced 2. The Volunteer Application has been streamlined and shortened 3. Active recruiting is taking place at service clubs, community councils and senior centers. 4. In the process of developing a recruitment video, which can be viewed on the department's website. If you have any questions, please contact Captain Jose Tellez, Field Operations, National City Police Department at (619) 336-4513. Sincerely, Manuel Rodriguez Chief of Police SENIOR VOLUNTEERS A VALUABLE ASSET IN TIMES OF ECONOMIC STRESS A Report by the 2013/2014 San Diego County Grand Jury April 30, 2014 SENIOR VOLUNTEERS A VALUABLE ASSET IN TIMES OF ECONOMIC STRESS SUMMARY Senior volunteer patrols are comprised of citizens retired from a wide range of occupations broadly representative of the County's population: civil servants, nurses and other medical practitioners, construction workers, educators, attorneys, military veterans, etc. As members of law enforcement volunteer programs, these seniors assist police agencies with such tasks as traffic control, issuing parking citations for handicapped parking violators, transportation of evidence, contacting house -bound citizens to assure that they are safe, and many other tasks which do not require a sworn officer. Senior patrol members performing these duties allow police personnel more time to deal with public safety issues. The 2013/2014 San Diego County Grand Jury (Grand Jury) investigation determined that in the most recent calendar year, the eight San Diego County jurisdictions surveyed had 1,573 senior volunteers who served a total of 453,384 hours at a program cost of $1,027,090. Based on information provided by the jurisdictions studied, the services of the senior volunteers represent a total cost savings of $10,293,979 to the jurisdictions involved. INTRODUCTION With an eye on the recent recession and its impact on the ability of local governments to provide public services, the Grand Jury decided to revisit the senior volunteer patrol programs in the County to determine the amount of money volunteerism saves the various law enforcement agencies. PROCEDURE During the investigation, the Grand Jury requested and received information regarding senior volunteers from the following law enforcement agencies: • San Diego County Sheriffs Department • San Diego Police Department • Carlsbad Police Department • El Cajon Police Department • Escondido Police Department • La Mesa Police Department • Oceanside Police Department • Chula Vista Police Department These agencies were requested to provide the following information: • Their number of volunteers • The cumulative hours worked by their volunteers in one year's time • The cost of the volunteer program to the agency • The program benefits in dollars to the agency SAN DIEGO COUNTY GRAND JURY 2013/2014 (filed April 30, 2014) 1 DISCUSSION Ten years ago, the 2003/2004 San Diego County Grand Jury reviewed and reported on the senior volunteer programs administered by the Sheriffs Department, the San Diego Police Department, and the La Mesa Police Department. The value of the volunteer programs in just these three jurisdictions was impressive, amounting to more than $4.5 million for the year studied. The 2013/2014 Grand Jury expanded its investigation to include the original three jurisdictions studied earlier plus police departments operated by the Cities of Carlsbad, Chula Vista, El Cajon, Oceanside, and Escondido. Based on information provided by the responding agencies, 1,573 senior volunteer patrol members worked 453,384 hours in the year reported. The combined cost of the eight programs was $1,027,090, and program benefit to the law enforcement jurisdictions and the community was $10,293,979. While the volunteer programs come at some cost to the sponsoring agencies, they save the community much more than they cost. Program costs vary from agency to agency, but typically. include items such as the cost of administering the program, uniforms, training, vehicles and related costs such as fuel. Summary of the Senior Volunteer Programs in Eight San Diego County Jurisdictions, 20131 V Volunteers Hours Worked Program Cost Program Benefit Sheriffs Dept. 935 254,829 $632,761 $5,022,143 San Diego PD 372 135,000 $1,515,975 $3,510,000 Carlsbad PD 41 13,304 $3,150 $864,760 El Cajon PD 17 7,222 $2,700 $159,895 Escondido PD 30 7,037 $15,845 $174,156 La Mesa PD 46 11,780 $49,000 $325,000 Oceanside PD 65 20,067 $46,190 $667,322 Chula Vista PD 67 19,145 $25,600 $423,903 Total 1,573 453,384 $1,027,090 $10,293,979 Delegating some routine tasks not requiring a sworn officer to senior volunteer patrol members allows sworn officers to spend more time performing law enforcement tasks directly associated with public safety. In addition, senior volunteer patrol members patrolling their communities in marked law enforcement vehicles provide an additional police presence that reminds both law abiding citizens and potential criminals that public safety is a high concern in their community. FACTS AND FINDINGS Fact: More than 1,500 senior patrol volunteers serve in eight law enforcement jurisdictions in San Diego County. Fact: Senior volunteer patrol members served more than 450,000 hours during the period studied. As provided by the law enforcement jurisdictions queried. SAN DIEGO COUNTY GRAND JURY 2013/2014 (filed April 30, 2014) 2 Fact: Senior volunteer patrol members perform community service tasks not requiring a sworn officer. Finding 01: Use of senior volunteer patrol personnel allows sworn officers to spend more time performing public safety- related tasks. Fact: The value of the services provided by senior volunteer patrols is estimated by the law enforcement agencies administering them to be $10,410,979 during the period studied. Fact: The cost of providing senior volunteer patrol services is estimated by the law enforcement agencies involved to be $1,027,090 during the period studied. Finding 02: Senior volunteer patrol programs are a valuable asset to the community. COMMENDATION The citizens who volunteer through the senior volunteer patrol programs are dedicated, civic - minded people who have the time and the desire to make their communities better places. The Grand Jury commends them for their hard work and contributions to their communities. In addition, the law enforcement agencies that organize and administer these programs are also to be congratulated for having the foresight to recognize the value senior volunteers add to the law enforcement equation. RECOMMENDATIONS The 2013-2014 San Diego County Grand Jury recommends that the San Diego County Sheriffs Department, San Diego Police Department, Carlsbad Police Department, Chula Vista Police Department, El Cajon Police Department, Escondido Police Department, La Mesa Police Department and the Oceanside Police Department: 14-37: Continue senior volunteer programs already in place, expanding them whenever practical. The 2013-2014 San Diego County Grand Jury recommends that the National City Police Department: 14-38: Consider instituting a senior 'volunteer program in its jurisdiction. REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official SAN DIEGO COUNTY GRAND JURY 2013/2014 (filed April 30, 2014) 3 (e.g. District Attorney, Sheriff, etc.), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 are required from the: Responding Agency Recommendations Date San Diego County Sheriff's 14-37 07/29/14 Department San Diego Police Department 14-37 07/29/14 Carlsbad Police Department 14-37 07/29/14 SAN DIEGO COUNTY GRAND JURY 261N2014 (filed April 30, 2014) Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc), such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 are required from the: Responding Agency Recommendations Date San Diego County Sheriffs 14-37 07/29/14 Department Page 96 SAN DIEGO COUNTY GRAND JURY 2013/2014 FINAL REPORT (June 26, 2014) n San Diego Police Department 14-37 07/29/14 Carlsbad Police Department 14-37 07/29/14 Chula Vista Police Department 14-37 07/29/14 El Cajon Police Department 14-37 07/29/14 Escondido Police Department 14-37 07/29/14 La Mesa Police Department 14-37 07/29/14 National City Police Department 14-38 07/29/14 Oceanside Police Department 14-37 07/29/14 Filed: April 30, 2014 SAN DIEGO COUNTY GRAND JURY 2013/2014 FINAL REPORT (June 26, 2014) Page 97 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2012 AGENDA ITEM NO. 18 ITEM TITLE: Directive from City Council (Code Reviewing Body) for staff to review the City's Conflict of Interest Code and return with the completed code review, including any updates if needed, prior to October 1, 2014, per Government Code Section 87306.5. PREPARED BY: PHONE: EXPLANATION: Claudia Gacitua Silva Ext. 4222 Please see attached report. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide directive to staff and file. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Report DIRECTIVE FROM CITY COUNCIL (CODE REVIEWING BODY) FOR STAFF TO REVIEW THE CITY'S CONFLICT OF INTEREST CODE AND RETURN WITH THE COMPLETED CODE REVIEW, INCLUDING ANY UPDATES IF NEEDED, PRIOR TO OCTOBER 1, 2012, PER GOVERNMENT CODE SECTION 87306.5. Public agencies are required to review the Conflict of Interest Codes every even numbered year. The City Council, as the City's code -reviewing body is required to inform staff of this and to direct staff to review the City's code, per Government Code section 87306.5. This agenda item serves as the notice and directive to staff. Upon this directive from the City Council to staff, the code review will be completed prior to the October 1, 2014 deadline and the Biennial Notice will be filed with the City Clerk reflecting the results of the review. If the review necessitates changes to the code, within 90 days of filing the Biennial Notice, the amendment must be completed and submitted to the City Council for approval. Staff anticipates amendments will be needed to update the positions and titles identified in the Conflict of Interest Code. The City Attorney will work with the Director of Human Resources to draft those changes. Upon review of the Code, further changes may be needed. Recommendation Inform staff of the required review and direct staff to review the Conflict of Interest Code, as required by the Government Code. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 49 ITEM TITLE: League of California Cities Annual Conference — Designation of Voting Delegate and Alternate(s) PREPARED BY: Leslie Deese, City Manager; DEPARTMENT: City Mana er PHONE: 619-336-4240 APPROVED BY EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS If approved by Council, the travel costs and registration fees associated with this meeting would be charged to the appointed City Council members' training funds included in the FY 2014 and/or 2015 budget. ENVIRONMENTAL REVIEW: 1N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff requests Council's designation of a voting delegate and up to two alternates to represent the City of National City during the 2014 League of California Cities Annual Conference. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. League of California Cities' information dated May 1, 2014. Title: League of California Cities Annual Conference — Designation of Voting Delegate and Alternate(s) The League of California Cities 2014 Annual Conference is scheduled for September 3-5 in Los Angeles. An important part of the Annual Conference is the Annual Business Meeting scheduled for noon on Friday, September 5 at the Los Angeles Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order for cities to cast a vote during the Business Meeting, each city's respective Council must designate a voting delegate. In the instance that the selected voting delegate is unable to serve in that capacity, the League of California Cities' bylaws afford each city the opportunity to appoint up to two alternate voting delegates. According to the League's bylaws, the selection of the voting delegate and alternates must be performed through the official action of the City Council. Furthermore, the voting delegate and alternates must be registered to attend the conference. Eligible individuals who may be selected as the City's voting delegate include the Mayor, each City Council member, as well as any other City official selected by the City Council to serve in this capacity. At this time, Staff respectfully requests the City Council consider appointing a voting delegate and one or two alternate voting delegates to vote on the City's behalf at the Annual Business Meeting of the League of California Cities on September 5, 2014. Staff Recommendation: Staff requests Council's designation of a voting delegate and up to two alternates to represent the City of National City during the 2014 League of California Cities Annual Conference. Fiscal Impact: The travel costs and registration fees associated with this meeting will be charged to the appointed City Council members training funds included in the FY 2014 and/or 2015 budget. FIR U / 2014 1400 K STREET SACRAMENTO, CA 95814 PH (916) 658-8200 FX: (916) 658-8240 1t LEAGUE® CITIES WWW.CACITIES.ORG W.CACITIES.ORG Council Action Advised by July 31, 2014 May 1,2014 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference September 3 - 5, Los Angeles The League's 2014 Annual Conference is scheduled for September 3 - 5 in Los Angeles. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 5, at the Los Angeles Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 15, 2014. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the -over- 6 Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a.special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Los Angeles Convention Center, will be open at the following times: Wednesday, September 3, 9:00 a.m. — 5:30 p.m.; Thursday, September 4, 7:00 a.m. — 4:00 p.m.; and Friday, September 5, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 15. If you have questions, please call Karen Durham at (916) 658-8262. Attachments: • 2014 Annual Conference Voting Procedures • Voting Delegate/Alternate Form Annual Conference Voting Procedures 2014 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAI UE CITIES CITY: 2014 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 15. 2014. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday. August 15. 2014 League of California Cities ATTN: Karen Durham 1400 K Street, 4th Floor Sacramento, CA 95814 FAX: (916) 658-8220 E-mail: kdurham@cacities.org (916) 658-8262 COMMUNITY DEVELOPMENT COMMISSION HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AGENDA STATEMENT METING DATE: June 17, 2014 AGENDA ITEM NO. 50 ITEM TITLE: Resolution of the Community Development Commission Housing Authority of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2014-2015 (Housing and Grants) PREPARED BY: Jocker Alejandro PHONE: 619 336-4266 EXPLANATION: DEPARTMENT: Housing, Grants, & Asset Mageent APPROVED BY: This is a request to approve the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2014-15. The Community Development Commission Housing Authority of the City of National City operates housing programs that benefit very low, low and moderate -income households in the City of National City. All costs of operating these programs are revenue offset. There is no cost to the City General Fund. (Please see attached background report). FINANCIAL STATEMENT: APPROVED: ��.�Finance ACCOUNT NO. APPROVED: MIS The funding source is Morgan Tower and Kimball Tower rental revenues and Section 8 rental subsidies from the U.S. Department of Housing and Urban Development. There is no cost to the City's General Fund. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background 2. Kimball Budget 3. Morgan Budget Attachment 1 Background Falkenberg, Gilliam and Associates, Inc. (FGA) has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission (CDC). On June 5, 2012, all CDC housing functions and assets were transferred to the Community Development Commission Housing Authority of the City of National City (CDC -HA). As a result, the fiscal year 2014-15 Morgan Tower and Kimball Towers will be considered for approval by the CDC -HA. Kimball Tower Kimball Tower is a 151 unit complex located at 1317 D Avenue owned free and clear by the Community Development Commission. Of the 151 total units, two (2) are reserved for property management staff and 149 are rented to qualified households. Of the 149 rental units, 141 units receive rental subsidies from the U.S. Department of Housing and Urban Development (HUD) through the City of National City's Section 8 program. Eight units are market (unsubsidized) rate and do not receive HUD rental subsidies. For the fiscal year ending June 30, 2015, the projected annual income is $1,101,631 and the total cost of operations total $1,052,459. Although this presents a net cash surplus of $49,172, the property management company is required by the CDC -HA to place $84,000 in the replacement reserve account ($7,000 per month). Replacement reserves are funds that are restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of April 30, 2014, the balance of the replacement reserve fund is $1,375,259.74. After funding the reserve account with an additional $84,000, the net income of the Kimball Tower is estimated to be $2,533. FGA does not propose a rent increase since we anticipate a budget surplus of $49,172. Currently, residents pay 30% of income up to a maximum of $610 per month for rent. Highlights of Kimball Tower Budget are: • No rent increase proposed, which means rent will stay at $610 a month. • Projected budget surplus of $49,172. • GL #6320 (Management Fee): Management Fee of 7.5% did not change from last year • GL # 6450 (Electricity), #6451 (Water), #6452 (Gas), #6453 (Sewer): Utility expenses increased from audit amount of $170,877 to budgeted amount of $184,183. • GL # 6310 (Office Salaries), #6330 (Manager's Salaries), #6510 (Payroll), #6723 (Health Insurance & Other Employee Benefits): Staff salary (including benefits) costs continue to increase i • GL # 6720 (Property & Liability Insurance): Property and Liability Insurance increased from audit amount of $33,478 to $40,868. • Carry forward the unexpended Capital Improvement Budget appropriation established for FY2014 totaling approximately $425,000. Morgan Tower Morgan Tower is a 152-unit complex located at 1415 D Avenue. Of the 152- units, one unit is reserved for property management staff and 151 are rented to qualified households. Of the 151 rental units, 150 receive Section 231 rental assistance from HUD. One unit is market (unsubsidized) rate and does not receive a rental subsidy. For the fiscal year ending June 30, 2015, the projected annual income is $1,259,195 and total cost of operations total $1,276,840 which includes loan principal payments of $265,396. Morgan Tower is projecting a deficit of $17,645. The Morgan Tower deficit is due to the ongoing maintenance such as unit flooring, bed bug treatment, plumbing, and installation of a new fire alarm. FGA is proposing a rent increase of $10 from $688 to $698, which would be possible based on HUD's Annual Adjustment Factor (AAF). Households receiving a Section 8 subsidy will not feel the impact of this rental increase due to the fact that the proposed rent increase will be covered by the rent subsidy. However, market renters/non-Section 8 tenants are affected since they do not participate in Section 8 programs. Currently, there are two (2) tenants who are not participating in Section 8 and will be affected by this rent increase. Despite the deficit, Morgan Tower has sufficient funds in its reserve for replacement account as well as in the residual receipts accounts to meet its financial obligations. This building has a mortgage balance of approximately $1,597,881.12 with a mortgage maturity date of August 1, 2019. Morgan Tower is depositing $3,127 per month or $37,524 per year into the Berkadia Money Market Account, which is a replacement reserve fund. As of April 30, 2014, the balance of the replacement reserve fund is $416,036.81. Attached to the operating budget is a FY 2015 capital improvement budget for Morgan Tower that includes: • Morgan Tower plumbing maintenance with a projected estimate of $11,563. • Morgan Tower bed bug treatment with a projected estimate of $14,850. • Morgan Tower unit flooring with a projected estimate of $9,680. • Increase of security cost due to the Morgan Tower fire alarm replacement with a projected estimate of $54,107. Notable items of the Morgan Tower budget are: • The only method that Morgan Towers can increase rents is based on HUD's Annual Adjustment Factor (AAF). The calculation resulted in a proposed $10 rent increase, from $688 to $698. • GL # 6330 (Manager's Salaries), #6510 (Payroll), #6723 (Health Insurance & Other Employee Benefits): Staff salary (including benefits) costs keep increasing. • GL # 6720 (Property & Liability Insurance): Property and Liability Insurance increased from audit amount of $34,019 to $41,547. 2 • Even though the budget is showing a deficit, the building has funds in the reserve for replacement account as well as in the residual receipts account to meet its obligations. • Carry forward the unexpended Capital Improvement Budget appropriation established for FY2014 totaling approximately $225,000. Staff recommends adopting the Morgan Tower and Kimball Tower budgets for the FY 2014-2015. 3 KIMBALL TOWERS 2014 Budget Narrative Attachment 2 SUMMARY The 2014 Budget for Kimball Towers does not propose a rent increase as we are projecting a. budget surplus of $49,172. Therefore, we believe current rent levels will be adequate to operate the building for the 2014 Budget Year. We will submit this budget for owner review and approval. Currently residents pay 30% of income up to a maximum of $610. ACCT. DESCRIPTION EXPLANATION 5120 Rental Revenue The proposed rents are as follows: Unit Type # of Units Current Rent One -Bedroom 151 $610 5220 Vacancy Factor Budgeted at 1 % ofrents. 5410 Financial Revenue -Project Operations 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 5990 Misc. Revenue 6203 Conventions and Meetings 6204 Management Consultants 6310 Office Salaries 6311 6320 6330 Office Expenses Management Fee Manager's Salaries 6331 Admin. Rent -Free Units 6340 Legal Expenses 6350 Auditing Expenses 6351 Bookkeeping Fees / Accounting Services revenue. Budgeted per audit. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and water vending income. Budgeted per current for key income and other miscellaneous revenue. Budgeted for annual occupancy training at $2,700, which includes professional training, food, lodging and mileage for office staff, 2 annual occupancy -related classes at $300 total for office staff, for subtotal of $3,000. In addition, budgeted for annual maintenance seminar at $1,000 for maintenance staff. Budgeted at $25,000 for asset management fee. Current includes consulting fees for development of new project. Budgeted per current for assistance in processing rents at $753 per month plus $1,500 for additional work related to front-line assistance. Also budgeted for Irma Garcia, office assistant, working 40 hours per week at $3,293 per month plus 5%. Also included additional amount for sick, overtime and salary increase. In addition, budgeted for a 5% year-end bonus for office assistant, in lieu of a pension contribution. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted at current rate of7.50% of net rental, vending machine and laundry 1 Budgeted per current plus 5% for Patricia Estanciero, Resident Manager, working 32 hours per week, earning $1,941 per month.. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Flora Gouleva, Assistant Manager, working 32 hours per week, earning $2,773 per month. Budgeted additional amount for overtime, sick and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted at $610 each per month for the manager's unit and assistant manager's unit. Budgeted at $500 for project related legal expenses. Budgeted per audit plus $500 for annual•audit, electronic submission and filing fees. Budgeted for project computer software updates at $431, project computer maintenance at $1,292 and web -based occupancy software at $1,507. Also included allowable bookkeeping fees of $4 PUPM for centralized services. Prepared by Fallcenberg/Gilliaan & Associates, Inc.. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Kimball Towers ACCT. DESCRIPTION 6390 Misc. Administrative Expenses 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 6520 6525 6530 Supplies Contracts Trash Removal Security Payroll/ Contract 6546 Heating/Cooling Repairs 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits Reserve for Replacement Deposits 2014 Budget Narrative EXPLANATION Budgeted per current for Resident Council at $100 per month. Resident Council is a tenant association that represents the tenants. They are elected by the tenants and provide support, activities and refreshments to all residents. Also budgeted for a service coordinator at $1,025 per month. The service coordinator helps the elderly residents obtain supportive services from the community in order to help them live independently and in their home. Budgeted per 12-month current total of $46,820 plus 5%. Budgeted per 12-month current total of $40,835 plus 5%. Budgeted per 12-month current total of $44,614 plus 5%. Budgeted per current sewer fee of $45,300. Budgeted per current plus 5% for Roberto Estanciero, Superintendent, working 40 hours a week earning $2,427 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Iordan Gouleva, Assistant Superintendent, working 40 hours a week earning $3,467 per month and for Charles Ray, Maintenance working 40 hours a week earning $3,640 per month. Budgeted additional amount for sick, overtime and salary increases. In addition, budgeted for 5% year-end bonuses, iri lieu of pension contributions. Budgeted per audit plus 5% for cleaning supplies, plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit (less $29,224, for capital needs items, such as flooring and cabinets/countertops) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Current is high due to replacement of generator at $59,950. Budgeted per 12-month current total of $12,800 plus 5%. Budgeted per audit (less $67,159 for replacement of fire alarm system) plus 5% for guard service, quarterly fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Currentis high due to fire alarm upgrade costs of $66,929. Budgeted per audit plus 5% for heating and cooling repairs.. . Budgeted at 7.65% of salaries for Social Security and Medicare plus .$224 each for SUUETT taxes. • Budgeted per current 2014-2015 premium of'$40,868 for property and liability insurance. Attachment 2 Page 2 Budgeted per 2013-2014 premium of $16,392 plus 5% for worker's compensation insurance. Budgeted per current plus 5% for four employees at monthly cost of $909,02 each for health insurance, $5.90 each for life insurance, and $15.81 each for dental insurance. Audit was low because not all staff was participating. However, other employees has shown interest in participating and therefore budgeted for that amount. Budgeted per current plus $500 for elevator permit and inspection fees at $700, annual emissions fee at $270, Hazmat materials fee at $281, and generator permit at $309. Budgeted per monthly deposit of $7,000. May 20, 2014 Prepared by Falkenberg/Gilliam & Assodates,.Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Budget Worksheet income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Public reporting burden for this collection of information Is estimated 10 average 1.5 hours per response, including the time for mvIeaing Instructions, searching yodeling data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect Ws information, and you are not required to complete OMB Approval P6dt5SIXBDIS62 (exp. 12131/2014) this form, unless it displays a currently valid OMB control number. This information Is collected In accordance wlh Title II of the National Houeing Ad which requires that HUD regulate rents for certsln coopamfve and subsidised rental projects. The Department formulated the processes by which owners could request increases. The requirements for tenant parlidpatbn in the rent Increase process, which le Included in Section 202 (b) of the HCD Amendments of 1978, necesslated that the Department design procedures to give consideration for tenant comments. The infommadon gathered is not of a confidential nature. The information is required In order to obtain benefits. Project Number Name of Protect KIMBALL TOWER Description of Account Acct. No. Audit (FYE 8/30/2013) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/14-8/31/15 PUPM 151/12 Rental Rent Revenue - Gross Potential 5120 517,527 285.61 367,761 285.33 530,600 292.83 Income Tenant Assistance Payments 5121 560,559 309.36 435,1368 320.73 574,720 317.17 5100 Rent Revenue - Stores & Commerdal 5140 - - - Garage & Parking Spaces 5170 - - - Flexible Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Speclal Claims Revenue 5193 - - - Retained Excess Income 5194 - - - Total Rent Revenue Potential at 100% Occupancy 51007 1,078,086 694.97 823,629 608.06 1,105,320 610.00 Vacancies Apartments 5220 5,004 2.76 3,023 2.22 11,053 6.10 5200 Stores and Commercial 5240 - - - Rental Concessions 5250 - - - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacenc)es 5200T 5,004 2.76 • 3,023 2.22 11,053 6.10 , Net Rental Revenue (Rem Revenue less Vacancies) 5152N 1,073,082 592.21 820,606 603.83 1;094,267 603.90 Income Nursing Homes/Assisted Living/Board & Care/ Other 6300 Elderly Cam/ Coop/ Other Revenues 6300 1 Financial Financial Revenue - Project Operations 5410 26 0.01 • 21 0.02 26 0.01 Revenue Revenue from Investments - Res. Rec. 5430 - - - 5400 Revenue from Investments - Rept. Res 5440 1,910 1.D5 - - Revenue from Investments - Miscellaneous 5490 - - - • Total Financial Revenue 6400T 1,936 1.07 21 0.02 26 0.01 Other Laundry and Vending Revenue moo 7,218 3.98 5,664 4.17 7,218 • 3.98 Revenue Tenant Charges 5920 - - - 5900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - Miscellaneous Revenue 5990 180 0.10 - . 120 0.09 1 20 0.07 Total Other Revenue 59DOT 7,398 • 4.08 5,784 4.26 7,338 4.05 Total Revenue 50DOT 1,082,416 697.36 826,411 608.10 1,101,631 607.96 Admin. Conventions and Meetings 6203 3,417 1.89 3,204 2.36 4,000 2.21 Expenses Management Consultants 6204 20,000 11.04 , 25,563 .. 18.81 25,000 13.80 6200/ Advertising and Marketing 8210 - • - - - - 63D0 Other Renting Expense 6250 - - 445 0.33 - Office Salaries 6310 44,421 24.51 37,670 27.72 56,5013 31.19 Office Expenses 6311 19,851 10.96 16,491 12.13 ' 20,844 11.50 Office or Model Apartment Rent 6312 - - - ManegementFee 6320 80,106 44.21 61,027 44.91 81,513 44.99 Manager or Superintendent Salaries 6330 54,225 29.93 48,131 35.42 65,984 36.42 Administrative Rent Free Unit 6331 14,300 7.89 10,908 8.03 14,640 8.08 Legal Expenses - Project 6340 - - 170 0.13 500 0.28 Audit Expenses 6350 8,000 4.42 - - 8,500 4.69 Bookkeeping Fees/Accounting Services 6351 6,256 3.45 5,627 4.14 10,477 5.78 Miscellaneous Administrative Expenses 6390 . 13,375 7.38 9,925 7.30 13,500 7.45 Total Administrative Expenses 6263 T 263,951 145.67 219,161 161.27 301,466 166.37 Previous editions are obsolete page 1 of 2 ref. Handbook 4350:1 ' . form HUD-92547-A (82000) Project Number ' Name of Project Attachment KIMBALL TOWER )escription of Account Acct. No. Audit (FYE 6/30/2013) PUPM 161/12 Current FY , (no. of mos. 9) PUPM 151/9 Budget from 9/1/14.8/31/15 PUPM 151/12 itilitles FuelONCoal 6420 .400 Elec$rlcity 8450 45,241 24.97 35,761 26.31 49,181 27.13 Water 6451 36,418 20.10 28,192 20.74 42,877 23.66 Gas 8452 43,918 24.24 33,461 24.62 48,845 25.85 Sewer 6453 45,300 25.00 45,300 33.33 45,300 • 25.00 ' Total Utilities Expense 6400 T 170,877 94.30 142,714 105.01 184,183 101.65 Operating & Payroll 6510 110,163 60.80 95,134 70.00 132,090 72.90 Maint. • Supplies 6515 34,158 18.85 r 24,352 17.92 35,868 19.79 Expenses Contracts 6520 136,289 75.21 171,181 125.96 112,418 62.04 6600 Operating and Maintenance Rent Free Unit 6521 - - - Garbage and Trash Removal 6525 12,505 6,90 9,415 6.93 13,440 7.42 Security Payroll/Contract 6530 105,663 58.31 88,086 64.82 40,429 22.31 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 20,410 11.26 9,789 7.20 21,431 11.83 Snow Removal 6548 - - - Vehicle & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 . 1,012 0.56 - - Total Operating & Maintenance Expenses 6500 T 420,200 231.90 397,957 292.83 355,674 196.29 Taxes & Real Estate Taxes 6710 - - insurance Payroll Taxes (Project's share) 6711 17,738 9.79 15,415 11.34 20,013 11.04 6700 Property and Liability Insurance (Hazard) 6720 33,478 18.48 27,147 19.98 40,888 22.55 Fidelity Bond insurance 6721 - - - Workmen's Compensation 6722 15,261 8.42 12,294 . 9.05 . 17,212 9.50 Health insurance & Other Employee Benefits 6723 30,334 16.74 25,626 18.86 46,983 25.93 Misc. Taxes, Licen., Permits, & Insurance 6790 1,560 0.86. • 6,694_4 4.93 2,060 1.14 Total Taxes & insurance 6700T 98,371 54.29 87,176 64.15 127,136 70.16 rinanciai Interest on Mortgage Payable 6820 - - - - ?xpenses interest on Notes Payable (Long -Term)' 6830 3800 Interest on Notes Payable (Short -Term) * 6840• Mortgage Insurance Premium/Service Charge 6850 • - - Miscellaneous Financial Expenses 6890 Total Financial Expenses 6800 T - - - - - - Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Care/ Coop/ Other 6900 Total Cost of Operations 6000T 963,399 526.16. 847,008 623.26 988,459 534.47 Reserve for Replacements Dep. Required • 84,000 46.36 63,000 46.36 84,000 46.36 Prinelpal Payments Required - - - - - - Debt Service for other approvedloans • Debt Service Reserve (if requir I d) General Operating Reserve (Coops) .• • . Total Cash Requirements 1,037,399 572.52 910,008 669.62• 1,052,459 680.83 Less Total Revenue 1,082,416 697.36 826,411 608.10 1,101,831 807.96 Net Cash Surplus (Deficiency) 45,017 24.84_ (83,597) (61.51)J 49,172 27.14 5/20/2014 I hereby certify that all the information stated herein, as well as any information provided In the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal endlor civit penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Signature) Date (mm/ddlyyyy) editions are obsolete 'HUD Approved Secondary Financing page 2 of 2 ref. Handbook 4350.1 , . faro HUD-92547-A (8/2000) Only for Budget Projections. MORGAN TOWERS 2014 Budget Narrative Attachment 3 SUMMARY Morgan Towers' rent increase for 2014 is only $10. That is the total rent increase amount to which the building is entitled. Even though the budget reflects a shortfall, the building should have adequate funds in the short-term to meet its current needs and obligations. We anticipate the new rents to be effective September 1, 2014. There are currently two residents who do not participate in the Section 8 program and they will be affected by this rent increase. ACCT. DESCRIPTION EXPLANATION 5120 Rental Revenue The proposed rents are as follows: 5220 Vacancy Factor 5410 Financial Revenue -Project Operations 5430 Revenue from Investments - Residual Receipts 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 6203 Conventions and Meetings 6210 Advertising and Marketing 6250 Other Renting Expenses 6310 Office Salaries 6311 Office Expenses 6320 Management Fee 6330 Manager's Salaries Unit Type # of Units Current Rents Proposed Increase Proposed Rents One -Bedroom 151 $688 $10 $698 One -Bedroom 1 Staff Budgeted at 1% of rental income. Budgeted per audit. Budgeted at $0. The amount remains in the residual receipts account and may not be used for operations. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and vending machine income. Laundry 'facilities are leased. Budgeted for annual occupancy training at $2,000, which includes professional training, food, lodging and mileage for office staff, 2 annual occupancy -related classes at $200 total for office staff, for subtotal of $2,200. In addition, budgeted for annual maintenance seminar at $500 for maintenance staff. Budgeted at $500 for classified advertising of rental units (Affirmative Marketing). Budgeted per audit for background screening fees of potential tenants. Budgeted per current for assistance in processing HUD paperwork at $756 per month plus $1,250 for additional work related to front-line assistance. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted per current contract rate at 6.5% of net rental, ending machine and laundry revenue. Budgeted per current expense plus 5% for Patricia Estanciero, Resident Manager, working 32 hours per week, earning $1,941 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgetedfor Rosa -Flores, Assistant Manager, working 32 hours per week, earning $2,912 per month. Budgeted additional amount for overtime, sick time and salary increases. In addition, budgeted for 5% year- end bonuses, in lieu of pension contributions. 6340 Legal Expenses Budgeted per audit for project related legal expenses. 6350 Auditing Expenses Budgeted per audit plus $500 for'annual audit, electronic submission and filing fees. 6351 Bookkeeping Fees / Budgeted for project computer software updates at $128, project computer maintenance Accounting Services at $1 292 and web -based occupancy software at $1,911. Also included allowable bookkeeping fees of $4 PUPM for centralized services. Prepared by Falkenberg/Gillian & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 9.1 109-7070 • (323) 258-3512 Morgan Towers ACCT. DESCRIPTION 6390 Misc. Administrative Expenses 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 6520 6525 6530 Supplies Contracts Trash Removal Security Payroll/ Contract 6546 Heating/Cooling Repairs 6590 Misc. Operating Expense 6711 Payroll Taxes 6720 Property and Liability In urance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits 6820 interest on Mortgage Payable 6850 Mortgage Insurance Premium Reserve for Replacement Deposits Principal Payments Required Attachment 3 2014 Budget Narrative Page 2 EXPLANATION Budgeted per current for Resident Council at $100 per month. Resident Council is a tenant association that represents the tenants. They are elected by the tenants and provide support, activities and refreshments to all residents. Also budgeted for a service coordinator at $1,025 per month and her monthly internet usage at $79 per month. The service coordinator helps the elderly residents obtain supportive services from the community to help them live independently and in their home. Budgeted per 12-month current total of $43,274 plus 5%. Budgeted per 12-month current total of $39,528 plus 5%. Budgeted per audit plus 5%. Budgeted per audit. Current is low since expense hasn't been paid. Budgeted per current expense plus 5% for Roberto Estanciero, Superintendent, working 40 hours a week earning $2,427 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Philip Flores, Assistant Superintendent, working 40 hours a week earning $3,640 per month and for Keyanue McCallon, Maintenance working 40 hours a week earning $3,987. Budgeted additional amount for overtime, sick time and salary increases. In addition, budgeted for 5% year- end bonuses, in lieu of pension contributions. Budgeted per audit (less $1,703 for capital needs item, such as refrigerators/stoves) plus 5% for cleaning and plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit (less $30,042 for capital needs items such as flooring and cabinets/countertops) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning,landscaping, exterminating, generator service, etc. Budgeted per 12-month current'total of $12,780 plus 5%. Budgeted per audit (less $25,764 for fire sprinkler upgrade) plus 5% for guard service, fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Current is high due to payment of fire alarm replacement at.$54,107. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted per audit plus 5% for nutrition center expenses. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUJ/ETT taxes. Budgeted per current 2014 -2015 premium of $41,547 for property and liability. Budgeted per 2013-14 ptlemium of $13,466 plus 5% for worker's compensation. Budgeted per current plus 5% for four employees at.$909.02 eachper month for health insurance, $5.90 each per month for life .insurance, and $15.81 each per month for dental insurance. Budgeted per audit plus $500 fort elevator inspection fees at $700, generator permit fees at $309, and fire permit at $703. Budgeted per amortization schedule. . . Budgeted per amortization schedule. Budgeted per current monthly deposit amount of $3,127. Budgeted per amortization schedule. May 20, 2014 Prepared by Falkenberg/Gilliatn & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena; CA 91109-7070 ■ (323) 258-3512 Budget Worksheet Income and Expense Projections and urban pment Office of Housing sing Federal Housing Commissioner Public reporting burden for this canton of Information Is estimated to average 7.5 hours per response, including the time for reviewing Instructions, searching existing dela sources, gatherin end maintaining the data needed, and completing and reviewing the collection of information. This egenny may not oohed this information. end you are not required to compute thls form, unless it displays a currency vafld OMB control number. This Information is collected in accordence with Tale II of the National Housing Act which requires that HUD regulate rents for certain cooperates and subsidized rental projects. The Department formulated the processes by which owners could request Increases. The requhements for tenant participation in the rent increase process, which is Included in Section 202 (b) of the HCD Amendments of 1978, neceutated that the Department design procedures to give consideralbn for tenant comments. The information gathered Is not of a confidential nature. The Information is required In order to obtain benefits. U.S. Department of Housing OMB Approve18$83*1I!I41894i (exp. 12/31/2014i Project Number 129-38013 Name of Project MORGAN TOWERS Description of Account Acct. No. Audit (FYE 6/30/2013) PUPM 151/12 Current FY (no. ofmos. 9) PUPM 151/9 Budget from 9/1/14-8/31/15 PUPM 161/12 Bernal Rent Revenue - Gross Potential 5120 486,070 268.25 379,425 279.19 493,689 272.46 Income Tenant Assistance Payments 5121 759,188 418.98 557,512 410.31 771,087 425.54 5100 Rent Revenue - Stores & Commercial 6140 - - - Garage & Parking Spaces 5170 - - - Flexlble Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Spedal Claims Revenue 5193 - - - Retained Excess Income 5194 - - _ Total Rent Revenue Potential at 100% Occupancy 5100T 1,245,258' 687.23 937,037 689.50 1,264,776 698.00 Vacancies Apartments 5220 4,005 2.21 2,216 1.631 12,648 6.98 6200 Stores and Commercial 5240 - - - Rental Concessions 5250 - - 324 0.24 - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacancies 6200T 4,005 2.21 . 2,640 1.87 12,648 6.98 Net Rental Revenue (Rent Revenue lass Vacandes) 6162N 1,241,253 685.02 934,497 687.64 1,262,128 691.02 Income Nursing HomeslAsslstsd Living/Board & Carel Other 5300 Elderly Care/ Coop/ Other Revenues 5300 Financial Financial Revenue- Project Operations 5410 19 0.01 13 0.01 19 0.01 Revenue Revenue from Investments - Res. Rec. 5430 789 0.44 - - 6400 Revenue from Investments - Repl. Res 5440 941 • 0.52 - - Revenue from Investments - Miscellaneous 5490 - - - - Total Financial Revenue 5400T 1,749 0.97 13 0.01 19 0.01 Other Laundry end Vending Revenue 5910 7,048 3.89 5,254 3.87 7,048 3.89 Revenue Tenant Charges 5920 330 0.18 60 0.04 - 6900 interest Reduction Payments Revenue 6845 - - - Gifts (nonprofits) 5970 - - Miscellaneous Revenue 5990 - - - - - Total Other Revenue 5900T 17,378 •4.07 I 5,314 3.91 '7,048 3.89 Total Revenue 5000T 1,250,380 690.06 939,824 691.66 1,259,195 694.92 Admen, Conventions and Meetings 6203 2,261 1.25 1,372 1:01 2,700 1.49 Expenses Management Consultants 6204 - - - 6200/ Advertising end Marketing 6300 6210 250 0.14 - 500 0.28 Other Renting Expense 6250 1,547 0.85 228 0.17 1,547 0.85 Office Salaries 6310 7,630 ,4.21 ' 6,323 4.65 10,322 5.70 Office Expenses 8311 11,026 6.08 9,132 6.72 11,577 6.39 Office or Model Apartment Rent 8312 - - - f - Management Fee 6320 82,376 34.42 54,612 40.19 81,846 45.17 Manager or Superintendent Salaries 6330 58,039 32.03 48,911 35.99 67,564 37.29 Administrative Rent Free Unit 6331 Legal Expenses -Project 6340 520 0.29 - - 520 0.29 Audit Expenses 6350 7,500 4.14 - - 8,000 4.42 Bookkeeping Fees/Accounting Services 8351 5,857 3.23 6,364 4.68 10,626 5.86 Miscellaneous Administrative Expenses 6390 14,374 7.93 10,915 8.03 14,448 ' 7.97 Total Administrative Expenses 8263 T 171,380 94.68 137,867 101.44 . 209,650 116.70 Previous editions are obsolete page 1 of 2 ref. Handbook 4380.1 Corm HUD-82547-A (8/2000) Project Number 129-38013 Name of Project Aftacnment 3 MORGAN TOWERS Description of Account Accl No. Audit (FYE 6/30/2013) PUPM 151/12 CurrentFY (no. of mos. 9) PUPM 151/9 Budget from 9/1/14-8/31/15 PUPM 151/12 Utilities FuelOil/Coal 6420 6400 Electricity 6450 40,679 22.45 32,879 24.19 45,438 25.08 Water 6451 37,845 20.89 29,909 22.01 41,504 22.91 Gas 6452 28,439 15.69 20,833 15.33 29,861 16.48 Sewer 6453 45,800 25.17' - 45,600 25.17 Total Utilities Expense 6400 T 152,583 84.20 83,621 61.53 162,403 89.63 Operating & payroll 6510 120,277 66.38 99,881 73.50 138,204 76.27 Maint. supppes 6515 35,055 19.35 19,158 14.10 35,020 19.33. Expenses Contracts 6520 153,666 84.80 99,232 73.02 129,805 71.64 6800 Operating and Maintenance Rent Free Unit 6521 - - - Garbage and Trash Removal 6525 12,501 6.90 9,395 6.91 13,419 7.41 Security Payroll/Contract 6530 62,123 34.28 74,415 54.76 38,177 21.07 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 18,628 9.18 14,387 10.59 17,459 9.64 Snow Removal 6548 - - - Vehide & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 5,953 3.29 11,255 8.28 8,251 3.45 Total Operating & Maintenance Expenses 6500 T 406,203 224.17 327,723 241.16 378,336 206.79 Taxes & Reel Estate Taxes 6710 - - Insurance payroll Taxes (Project's share) 6711 15,054 8.31 , 12,821 9.43 16,861 9.31 67130 property and Liability insurance (Hazard) 6720 34,019 18.77 27,589 20.30 41,547 22.93 Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 12,941� 7.14 10,099 7.43 14,139 7.80 Health Insurance & Other Employee Benefits 6723 35,626 , 19.66 27,104 19.94 46,909 25.89 Misc. Taxes, Liven„ Permits, & Insurance 6790 1,750 ' 0.97 749 0.55 2,250 1.24 Total Taxes & Insurance 6700T 99,390 64.86 78,362 57.66 121,706 67.17 Financial Interest on Mortgage Payable 6820 125,669 69.35 85,009 62.55 94,661 52.24 Expenses Interest on Notes Payable (Long Term) • 6830 6800 Interest on Notes Payable (Mort -Tern) " 6840 Mortgage Insurance Premium/Service Charge 6850 9,662 5.33 6,391 4.70 7,165 3.95 Miscellaneous Financial Expenses 6890 Total Financial Expenses 6B00 T 135,331 74.89 91,400 67.26 101,826 66.20 Expenses Nursing Homes/Assisted Living/Board & 6900 CarelOther EId. Care/ Coop/ Other 6900 Total Cast of Operations ' 6000T 964,867 632.49 718,963 629.04 973,920 537A8 Reserve for Replacements Dep. Required 37,524 20.71 28,143 20.71 37,524 20.71 Principal Payments Required 233,123 128.68 185,033 136.15 266,396 148.47 Debt Service for other approved loans Debt Service Reserve (if requited) General Operating Reserve (Coops) ` Total Cash Requirements 1,236,614 681.86 932,139 686.90 1,276,840 704.66 Less Total Revenue 1,250,380 690.06 939,824 691.56 1,269,195 694.92 Net Cash Surplus (Deficiency) 14,866 8.20 7,685 6.65 (17,645) (9.74) 5120/2014 I hereby certify that all the information stated herein, as well as any information provided In the accompaniment herewith, le true end accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.G. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) (Signature) Date (mm/dd/yyyy) ons are obsolete *HIJD Approved Secondary Financing page 2 of 2 ref. Handbook 4350.1 form HUD-92547-A (11/2000) Only for Budget Projections. RESOLUTION NO. 2014 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ADOPTING THE MORGAN TOWER AND KIMBALL TOWER BUDGETS FOR FISCAL YEAR 2014-2015 WHEREAS, the Community Development Commission — Housing Authority of the City of City of National City ("CDC -HA") operates the Kimball and Morgan Towers; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company, and is reviewed and approved by the CDC -HA Board; and WHEREAS, the Kimball and Morgan Towers' operations do not have a direct financial impact on CDC -HA operations, and should be presented and approved independently of the CDC-HA's annual budget; and WHEREAS, a rent increase of one dollar ($10) from $688 to $698 per month for the Morgan Tower is recommended to cover increases in general operating costs; and WHEREAS, the budgets for the Kimball and Morgan Towers for fiscal year 2014- 2015 have been prepared and presented for approval. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission - Housing Authority of the City of City of National City hereby approves the Kimball and Morgan Towers budgets for the fiscal year 2014-2015. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO.51 ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City accepting a grant, authorizing the Chairman to execute a Subgrant Agreement not to exceed $200,000 from the City of National City, and authorizing the establishment of appropriations and the corresponding revenue budget for the remediation of hazardous materials at 2100 Hoover Avenue - Westside Infill Transit -Oriented Development project — Phase 2 (Funded by the U.S. Environmental Protection Agency). PREPARED BY: Raymond Pe DEPARTMENT: P PHONE: 336-4421 APPROVED BY: EXPLANATION: On October 1, 2009, the US Environmental Protection Agency (EPA) granted the City $1,000,000 to establish the Revolving Loan Fund (RLF) for the remediation of sites contaminated with hazardous materials and/or petroleum. Under the terms of the EPA grant, eligible recipients can receive subgrants for the remediation of eligible sites. The Westside Infill Transit -Oriented Development project will require environmental remediation with an estimated budget of over $1,500,000 for site remediation, demolition, and soils removal. The EPA has reviewed and approved the eligibility of the site and the proposed subgrant of up to $200,000 for remediation on the Phase 2 site (92 units), which is owned by the Community Development Commission -Housing Authority. FINANCIAL STATEMENT: ACCOUNT NO. Revenue 001-09596-3498 Expenditure 001-409-500-598-1596 ENVIRONMENTAL REVIEW: Not applicable.; ORDINANCE: INTRODUCTION: APPROVED: ' p/% 4 Finance Environmental Protection Agency RLF — Other Federal Grants WI-TOD Site Remediation FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution.: BOARD / COMMISSION RECOMMENDATION: Not applicable. .TTACHMENTS: Proposed subgrant agreement.; EPA SUBGRANT AGREEMENT (Westside Infill Transit -Oriented Development Project — Phase 2) This EPA Subgrant Agreement (Westside Infill Transit -Oriented Development Project — Phase 2), dated for purposes of identification only as of June 17, 2014 (the "Date of Agreement"), is made and entered into by and between the City of National City, a public body, corporate and politic, (the "CITY") and the Community Development Commission - Housing Authority of the City of National City, a public body, corporate and politic, (the "SUBGRANTEE"). RECITALS A. The CITY is the recipient of certain funds from the United States Environmental Protection Agency (the "EPA") which have been used to establish and administer a revolving loan fund (the "Revolving Loan Fund") from which the CITY is authorized to make subgrants to entities willing to undertake remediation and mitigation of hazardous substances on brownfields. B. The SUBGRANTEE is the owner of that certain real property generally located at 2100 Hoover Avenue in the City of National City, California (the "Property"); the Property is depicted on the "Map" and described in the "Legal Description" which are attached hereto as Exhibit "A" and Exhibit "B", respectively, and incorporated herein by this. reference. C. Certain hazardous substances have been identified in the soil of the Property, having been deposited or released thereon or therein prior to the date on which the SUBGRANTEE acquired the Property, and the SUBGRANTEE has not caused, contributed to, permitted or exacerbated the release of hazardous substances on, in or from the Property, has not been subject to any penalties resulting from environmental non-compliance related to the Property, and is not a generator or transporter of hazardous contamination at or to the Property. D. A Property Mitigation Plan (the "PMP"), pending final approval from the California Department of Toxic Substances Control, prepared in accordance with the Development Agreement, sets forth the necessary actions to remediate and mitigate hazardous substances identified in the soil of the Property. E. The CITY has determined that, due to the potential residual contaminants located in the soil at the Property, a hazardous condition requires the mitigation set forth in the "PMP" which is incorporated herein by this reference (the "Mitigation Project") in order for Property to be redeveloped as the Apartments. F. SUBGRANTEE, while willing to undertake the Mitigation Project, has requested that the CITY provide a subgrant of the Revolving Loan Funds (hereinafter defined as the "Subgrant") in order to do so. 1 G. The SUBGRANTEE is a public body, corporate and politic and the Property is not listed, nor proposed to be listed, on the EPA's National Priorities List; therefore, the SUBGRANTEE is eligible to receive the Subgrant. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND SUBGRANTEE AGREE AS FOLLOWS: 1. The City Manager of the CITY is authorized to act on behalf of the CITY in order to implement or to satisfy the requirements of the EPA Cooperative Agreement. 2. The CITY has designated a qualified environmental project manager who shall review and approve the Mitigation Project and coordinate the work to be performed using the Revolving Loan Funds. The CITY's environmental project manager will review the SUBGRANTEE's mitigation planning, design, and engineering documents (the "Project Documents") and review the activities as they are ongoing to ensure that the Mitigation Project is being completed in accordance with all Federal, State, and local requirements and is protective of human health and the environment. 3. The CITY shall ensure that all public participation requirements are met. This includes public notifications, opportunities for public involvement, responses to comments and establishing a local information repository. 4. The CITY agrees to grant to SUBGRANTEE up to Two Hundred Thousand Dollars ($200,000.00) of Revolving Loan Funds to be used to implement the Mitigation Project. All proceeds of the Subgrant shall be held by the CITY and disbursed upon receipt of written invoices and documentation to the reasonable satisfaction of the CITY. 5 The term of the subgrant shall be a period of one (1) year from the date of the City's execution of this Agreement. 6. The SUBGRANTEE has prepared a cost estimate for the Mitigation Project (the "Project Budget"), attached hereto as Exhibit "C", which has been approved by the CITY. 7. The Subgrant shall be payable to the SUBGRANTEE as a reimbursement for allowable expenses incurred based upon the progress of the work and in accordance with the approved Project Budget. 8. The SUBGRANTEE will carry out the Mitigation Project in accordance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 104(k); Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (40 CFR Part 31); 2 and all other applicable provisions of Federal, State or local law. 9. The SUBGRANTEE represents that none of the contractors or subcontractors undertaking the Mitigation Project is currently suspended, debarred, or otherwise declared ineligible for participation in this Federal program or from the receipt of proceeds of the subject funds. 10. The SUBGRANTEE shall carry out the Mitigation Project in accordance with the Davis -Bacon Act of 1931, which requires payment of Federal prevailing wage rates for federally funded construction, repair or alteration work. 11. The SUBGRANTEE shall comply with Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4 relating to federally assisted construction contracts. 12. The SUBGRANTEE shall grant the CITY the right to enter the Property to oversee Mitigation Project implementation at any time. Whenever possible, CITY shall provide advance notice to SUBGRANTEE prior to entering the Property. 13. The SUBGRANTEE shall provide mitigation design and engineering documents to the CITY's designated environmental project manager for review and approval. 14. The SUBGRANTEE understands and agrees that all Subgrant funds provided by CITY shall only be used to mitigate hazardous conditions within the Property. 15. The SUBGRANTEE further understands and agrees that the receipt of any Subgrant funds and all work performed on the Property using Subgrant funds are conditioned upon the SUBGRANTEE's full compliance with the Project Documents and this Subgrant Agreement. 16. SUBGRANTEE agrees to document and keep separate all expenditures of the Subgrant funds within the approved Project Budget. SUBGRANTEE shall not exceed any of the costs shown in the approved Project Budget. It is the responsibility of the SUBGRANTEE to pay any costs of the Mitigation Project that exceed the Subgrant amount. 17. SUBGRANTEE shall commence work on the Mitigation Project within ninety (90) days from the date of execution of this Subgrant Agreement and shall complete and perform all work on the Mitigation Project in accordance with the Description of Work. 18. All work on the Mitigation Project performed pursuant to this Subgrant Agreement and with Subgrant funds shall be performed in a good and workmanlike manner. 3 19. All changes or modification to the Mitigation Project or the Project Documents shall be approved in writing by the CITY's City Manager or her designee prior to such change or modification becoming effective. All additional costs incurred as the result of any Change Orders shall be subject to prior written approval of the CITY. In the event that unforeseen conditions are discovered during the Mitigation Project implementation, the CITY reserves the right to require the SUBGRANTEE to revise the mitigation plans and the Project Documents. 20. SUBGRANTEE, at its sole cost and expense, and from sources other than the Subgrant funds, shall be responsible for obtaining all permits, licenses, approvals, certifications and inspections required by Federal, State or local law and to maintain such permits, licenses, approvals, certifications and inspections in current status during the term of this Agreement. 21. The SUBGRANTEE shall: a. Notify the CITY when the Mitigation Project is complete. The notice shall contain certification or documentation that the mitigation of hazardous conditions has been performed in accordance with the terms of this Subgrant Agreement. This closeout documentation shall summarize the actions taken, the resources committed, the problems encountered in completion of the Mitigation Project, if any, and document that the Mitigation Project is complete. This documentation shall be submitted to CITY's designated environmental project manager for review and approval. b. Perform all of its obligations under this Subgrant Agreement, and any other agreements or instruments to which the SUBGRANTEE is a party and which relate to this Subgrant Agreement or to the Mitigation Project. 22. Any forbearance by the CITY with respect to any of the terms and conditions of this Agreement shall in no way constitute a waiver of any of CITY's rights or privileges granted hereunder. 23. In the event of a default of any of the terms or conditions of this Subgrant Agreement, then, the SUBGRANTEE shall forfeit use of the Subgrant funds. 24. The SUBGRANTEE agrees to maintain financial and programmatic records pertaining to all matters relative to this Subgrant Agreement in accordance with generally accepted accounting principles and procedures. All such records and supporting documents shall be made available, upon request, for inspection or audit by the CITY or its representatives. The SUBGRANTEE shall retain all of its records and supporting documentation applicable to this Subgrant Agreement for a period of three (3) years except records that are subject to audit findings, which shall be retained three (3) years after such findings have been resolved. 4 25. The SUBGRANTEE agrees to permit the CITY or its designated representative to inspect and/or audit its records and books relative to this Agreement at any time during normal business hours and under reasonable circumstances and to copy therefrom any information that the CITY desires relevant to this Agreement. The CITY shall provide written notice to the SUBGRANTEE prior to the implementation of this provision. The SUBGRANTEE agrees to deliver the records or have the records delivered to the CITY or its designated representative at an address designated by such party. If the CITY or its representative finds that the records delivered by the SUBGRANTEE are incomplete, the SUBGRANTEE agrees to pay the CITY or its representative's cost to travel to the SUBGRANTEE's office or other location where the books or records are located to audit or retrieve the complete records. 26. The SUBGRANTEE will comply with the statutes prohibiting discrimination on the grounds of race, color, national origin, sex and disability. In addition, the SUBGRANTEE will undertake good faith efforts to give opportunities for qualified Small Business Enterprises (SBE), Minority Business Enterprises (MBE) and Women -Owned Business Enterprises (WBE) to submit proposals, bids, and provide services on contracts and subcontracts for services and supplies. The SUBGRANTEE shall submit a report of such efforts on the City -provided form. 27. The SUBGRANTEE agrees to protect, indemnify, defend and hold harmless, the CITY, its officers, administrators, agents, servants, employees and all other persons or legal entities to whom the SUBGRANTEE may be liable from, for or against any and all claims, demands, suits, losses, damages, judgments, costs and expenses, whether direct, indirect or consequential and including, but not limited to, all fees, expenses and charges of attorneys and other professionals, court costs, and other fees and expenses for bodily injury, including death, personal injury and property damage, arising out of or in connection with the performance of any work or any responsibility or obligation of the SUBGRANTEE as provided herein and caused in whole or in part by any act, error, or omission of the SUBGRANTEE, its agents, servants, employees or assigns. 28. The SUBGRANTEE shall not assign or attempt to assign directly or indirectly, any of its rights under this Subgrant Agreement or under any instrument referred to herein without the prior written consent of the CITY. 29. This Subgrant Agreement is not intended to create or vest any rights in any third party or to create any third party beneficiaries. 30. All amendments to this Subgrant Agreement shall be in writing and signed by both parties hereto. 31. It is expressly understood that a failure or delay on the part of the SUBGRANTEE in the performance, in whole or in part, or any of the terms of this Subgrant Agreement, if such failure is attributable to an Act of God, fire, flood, 5 riot, insurrection, embargo, emergency or governmental orders, regulations, priority, or other limitations or restrictions, or other similar unforeseen causes beyond the reasonable control of such party, the failure or delay shall not constitute a breach or default under this Subgrant Agreement; however, the SUBGRANTEE shall use its best effort to ensure that the Mitigation Project is completed in a reasonable time without unnecessary delay. 32. The provisions of this. Subgrant Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 33. No failure of either party to exercise any power or right given it hereunder or to insist on strict compliance by the other party with its obligations hereunder shall constitute a waiver of the other party's right to demand at any time exact compliance with the terms hereof. 34. All notices, requests, instructions or other documents to be given hereunder to either party by the other shall be in writing and delivered personally or sent by certified or registered mail, postage prepaid, to the addresses set forth in this Subgrant Agreement. Any such notice, request, instruction or other document shall be conclusively deemed to have been received and be effective on the date on which personally delivered or, if sent by certified or registered mail, on the day mailed to the parties as follows or to such other address as a party may subsequently specify in writing to the other party: To the CITY: CITY OF NATIONAL CITY City Manager 1243 National City Boulevard National City, California 91950 To the SUBGRANTEE: HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY Executive Director 1243 National City Boulevard National City, California 91950 35. This Subgrant Agreement and all covenants, agreements, representations and warranties made herein shall survive the execution of this Subgrant Agreement and shall continue in full force. 36. If any provision or item of this Subgrant Agreement is held invalid, such invalidity shall not affect other provisions or items of this Subgrant Agreement which can be given effect without the invalid provisions or items, and to this end, the provisions of this Subgrant Agreement are hereby declared severable. 6 37. Except for any exhibits, attachments, plats or other documents as may be affixed hereto, made a part hereof, and properly identified herewith, this Subgrant Agreement constitutes the entire contract between the parties, and shall not be otherwise affected by any other purported undertaking, whether written or oral. 38. The SUBGRANTEE understands and agrees that any use of the Property or any activity thereon which is inconsistent with the foregoing provisions is expressly prohibited. IN WITNESS WHEREOF, THE CITY AND THE SUBGRANTEE HAVE EXECUTED THIS AGREEMENT ON THE RESPECTIVE DATES SET FORTH BELOW. "CITY" CITY OF NATIONAL CITY, a public body, corporate and politic Dated: June 17, 2014 By: Ron Morrison Mayor "SUBGRANTEE" COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, a public body, corporate and politic Dated: June 17, 2014 By: Ron Morrison Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva City Attorney 7 40' i4F 20TR STREET i 2 40' i I< 1 �. .0' 40' NOT A PART OF THIS SUBDIVISION .0' ' 10' 40' EXHIBIT A PROJECT LOCATION 40' 18TH STREET 40' AO 20TH STREET IO' br9'.Iy bfJ *R iT\ PARCEL 3 $1.6110 30 r:. 1171 *OCS 1WL 0g1.2 MAT-ua CWSER011 flX0tk PARCEL 4 laJp 2.E02 AO0S —. OSRO+En SWF RESrRY[ HOOVER TO DE DEDICATED PARCEL 1 sn .101(5 201C. 101.2 YY.A-VX 0 1[CCK Pawing, II00VER TO BE VACATED HOOVER TO REMAIN .0. 1I .0' uLrr- .20711 i'TREE YACHTED 40' II !1 PARCEL 2 , '' 7,6 i lo. C01. Q 1.9. rut. ' .O 21ST STREET 1 I 40' M H00VER TO BE VACATED p /1 gra:y 1 HARDINC iraroey TO BE VACATED R•1• 40' 40' 22ND STREET 8 AO' 40' EXHIBIT B LEGAL DESCRIPTION PARCEL 2: PORTIONS OF BLOCKS 86 85 AND 84 IN THE CRY OF NATIONAL CITY COUNTY OF "SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED IN THE bFFICE OF THE COUNTY RECORDER OF SAID SAW DIEGO COUNTY OCTOBER 2582, O WITH A PORTION OF 21ST STREET VACATED AND 201H STREET VACATED DESCRIBEDAS TO HEMMING AT POINT 'A' AS DESCRIBED ABOVE; THENCE SOUTH 7212'08" WEST 182.86 FEET; THENCE NORTH 1 T43'08' WEST 352.88 FEET; THENCE NORTH 79'34'38" EAST 92.41 FEET; THENCE NORTH 18'15'31' EAST 172.78 FEET; THENCE NORTH 2317'12 EAST 37.08 FEET TO A POINT IN THE WESTERLY RIGHT OF WAY OF HOOVER AVENUE HAVING A H1ALF WIDTH OF 40.00 FEET; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY SOUTH 1 T48'25' EAST 209.35 FEET; THENCE SOUTH 1745142. EAST 384.46 FEET TO POINT 'A'. 9 EXHIBIT C PROJECT BUDGET Environmental Remediation-Uses WITOD Site Remediation, Demolition, and Soils Removal $ 1,513,000 Total Uses- WITOD Demolition, Remediation, & Soils Removal Environmental. Remediation-Sources EPA Grant (allowable remediation costs on Phase I (Parcel 1) housing site only) City Redevelopment Funds Site Infrastructure Agreement- City Funds $ 1,513,000 $ 200,000 $ 850,000 $ 463,000 Total Sources-WITOD Demolition, Remediation, & Soils Removal 10 $1,513,000 RESOLUTION NO. 2014 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT, AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBGRANT AGREEMENT NOT TO EXCEED $200,000 FROM THE CITY OF NATIONAL CITY, AND AUTHORIZING THE ESTABLISHMENT OF APPROPRIATIONS AND THE CORRESPONDING REVENUE BUDGET FOR THE REMEDIATION OF HAZARDOUS MATERIALS AT 2100 HOOVER AVENUE — WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT PROJECT — PHASE 2 WHEREAS, the CITY has been granted $1 million by the United States Environmental Protection Agency ("EPA") to assist with the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, the Community Development Commission -Housing Authority owns a contaminated property located at 2100 Hoover Avenue, and has applied to use said grant funding for necessary remediation; and WHEREAS, the EPA has determined that the site and Community Development Commission -Housing Authority are eligible to use a sub -grant of up to $200,000 from the City's grant funds to perform said remediation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby accepts the grant and authorizes the Chairman to execute the Agreement by and between the City of National City and the Community Development Commission -Housing Authority of the City of National City granting an amount not to exceed $200,000 for remediation of hazardous materials on the site located at 2100 Hoover Avenue. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel ITEM # 52 6/17/14 SENIOR BUS UPDATE (ENGINEERING/PUBLIC WORKS)