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HomeMy WebLinkAbout2014 08-19 CC HA AGENDA PKTRON 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 TIONALCITYCA. GO V AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, AUGUST 19, 2014 — 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior CC/CDC Agenda 8/19/2014 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos 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 8/19/2014 — 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. Unified Port of San Diego Update - Port Commissioner Robert (Dukie) Valderrama 2. Introduction of New Employees. (Director of Public Works/City Engineer) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 3. Approval of the Minutes of the Special Meetings of the City Council of the City of National City of February 4, 2014 and March 4, 2014 and Adjourned Regular Meeting of the City Council of the City of National City and Community Development Commission - Housing Authority of the City of National City of August 5, 2014. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with BSE Engineering, Inc. for a not -to - exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, Mechanical, Electrical, Plumbing (MEP) and Energy Engineering (EE). (Engineering/Public Works) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Chen Ryan Associates, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to traffic engineering, transportation planning and design, mobility planning, design and multimodal integration for complete streets, CC/CDC Agenda 8/19/2014 —Page 4 bicycle and pedestrian planning and design, and Geographic Information Systems (GIS). (Engineering/Public Works) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Atkins North America, Inc. for a not - to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability Act (ADA) / Universal Design, and community outreach. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Randall Lamb Associates, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to Mechanical, Electrical, Plumbing (MEP) Engineering, clean energy solutions, building commissioning, air barrier auditing and testing, and sustainable design. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of 2204 Granger Avenue. (TSC 2014-10) (Engineering/Public Works) 9. Resolution of the City Council of National City authorizing the installation of a blue curb handicap parking space with signage adjacent to the corner lot residence at 641 "C" Avenue. (TSC 2014-09) (Engineering/Public Works) 10. Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $53,948.00 to Innovative Mechanical Systems, Inc. for the Civic Facilities Air Conditioning Replacement Project, Specification No. 14-03; 2) authorizing a 15% contingency in the amount of $8,092.20 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 11. Resolution of the City Council of National City ratifying the acceptance of a $15,000 grant from the California Library Literacy Services (CLLS) to fund the Library's literacy services for FY 2014-15; and authorizing the establishment of fund appropriations and a corresponding revenue budget. (Library) 12. Warrant Register #3 for the period of 7/09/14 through 7/15/14 in the amount of $1,435,919.82. (Finance) 13. Warrant Register #4 for the period of 7/16/14 through 7/22/14 in the amount of $2,754,788.48. (Finance) CC/CDC Agenda 8/19/2014 — Page 5 PUBLIC HEARINGS 14. Continued Public Hearing - Conditional Use Permit for a Wireless Communications Facility at Sweetwater Heights Park, 3820 Cagle Street. (Applicant: Plancom, Inc. for Verizon Wireless) (Case File 2014-01 CUP) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 15. Resolutions of the City Council of the City of National City authorizing the City of National City to opt into three Property Assessed Clean Energy (PACE) Programs to enable property owners in the City to access financing for energy and water conserving improvements through a voluntary contractual assessment program. (Planning). 15A. HERO Program - Resolution of the City Council of the City of National City, 1) consenting to the inclusion of properties within the City in the California HERO Program, 2) approving an amendment to the Joint Powers Agreement of the Western Riverside Council of Governments adding the City as an Associate Member and providing for the indemnification of the City, and 3) authorizing the Mayor to execute the amendment. 15B. CaliforniaFirst Program - Resolution of the City Council of the City of National City, 1) authorizing the City to join the CaliforniaFIRST Program, and 2) authorizing the Mayor to execute an Indemnification and Insurance Agreement between the City and Renewable Funding, LLC, which is the administrator of the CaliforniaFIRST Program. 15C. Fiqtree PACE Program - Resolution of the City Council of the City of National City approving the Associate Membership by the City in the California Enterprise Development Authority and authorizing the Mayor to execute the Associate Membership Agreement; and Resolution of the City Council of the City of National City, 1) consenting to the inclusion of properties within the City in the Figtree PACE Program, and 2) authorizing the Mayor to execute an Indemnification Agreement between the City and Figtree Company, Inc. which is the administrator of the Figtree PACE Program. (Planning) 16. A resolution of the City Council of the City of National City, 1) approving the Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for project costs in an amount not to exceed CC/CDC Agenda 8/19/2014 — Page 6 $250,000, 2) authorizing the Mayor to execute the MOU, and 3) authorizing the appropriation of $250,000 to the Wayfinding Signage Program through the General Fund, to be reimbursed by the Port District via the terms of the MOU. (Engineering/Public Works) 17. Resolution of the City Council of City of National City authorizing the Mayor to execute a third Standard Agreement Amendment to the Environmental Oversight Agreement with the California Department of Toxic Substance Control extending the ending term date to August 31, 2015 and increasing funding by $53,821 from an original amount of $74,984 not to exceed $128,805 to allow the continuation of the original Scope of Work providing for qualified oversight of environmental remediation planning and implementation for the Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Project site. (Housing, Grants, and Asset Management) NEW BUSINESS 18. A Request to Initiate a Street Vacation for a segment of A Avenue located south of East 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) 19. Request to use the Martin Luther King Jr. Community Center (North and South Rooms, and Kitchen) by National City Chamber of Commerce for the annual "Salute to Navy" Luncheon on Wednesday, October 1, 2014, from 8:00 am to 3:00 pm. This event is co -sponsored by the City. (Engineering/Public Works) 20. Request to use Martin Luther King Jr. Community Center (South Room) by National City Rotary Club, a service organization, for their weekly luncheon meetings every Tuesday of the month for one year, from 11:00 a.m. to 1:30 p.m. for approximately 20-25 members. Applicant is requesting a waiver of fees in the amount of $1,200.00 ($100 per month for National City service clubs).(Engineering/Public Works) 21. Notice of Decision - Planning Commission approval of a Conditional Use Permit for expansion of a convenience store at an existing gas station located at 2945 Highland Avenue. (Applicant: Paris Hagman, Architect) (Case File 2012-20 CUP) (Planning) 22. Temporary Use Permit - Pumpkin Station hosted by Pinery Christmas Trees, Inc. at Westfield Plaza Bonita Mall from September 26, 2014 thru November 2, 2014 with no waiver of fees. (Neighborhood Services) 23. Relocation of Christmas in July from 2101 Hoover Avenue and consideration of a short term lease between the City of National City and Christmas in July for up to two large metal storage containers for program supplies. (Housing, Grants, and Asset Management) CC/CDC Agenda 8/19/2014 — Page 7 COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - September 2, 2014 - 6:00 p.m. - Council Chambers - National City, California. ITEM # 8/19/14 UNIFIED PORT OF SAN DIEGO UPDATE PORT COMMISSIONER ROBERT (DUKIE) VALDERRAMA niTerminal Operator Agreement Area (116 total acres, 73 acres open storage) Short Term Permit Areas (47 total acres, 42 acres open storage) INN 2 ITEM NO. 8/19/14 INTRODUCTION OF NEW EMPLOYEES Ray Robertson, Management Analyst II Tirza Gonzales, Executive Secretary And RECOGNITION OF EMPLOYEE PROMOTION Kathy Guzman, Senior Office Assistant (Engineering/Public Works) 2 Item # 3 08/19/14 APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF FEBRUARY 4, 2014 AND MARCH 4, 2014 AND ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF AUGUST 5, 2014 (City Clerk) Book 96 / Page 10 CC Book 2 / Page 1 PA Book 3 / Page 3 SA 02-04-2014 DRAFT DRAFT DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PARKING AUTHORITY OF THE CITY OF NATIONAL CITY AND SUCCESSOR AGENCY TO THE COMMUN EVELOPMENT COMMISSION AS THE NATIONAL CITY RF ELOPMENT AGENCY February 4, The Special Meetings of the City C Agency of the City of National City w Chairman Ron Morrison. ROLL CALL Council / Board members pr Sotelo-Solis (5:15 p.m.). Administrative Officials present: Members retire s:'g == `E 4'-;. Sessio CLOSED SESS Br Emp vernment >M1 cy Design ulston, Organ¢ 2. Conferenc City of Natio up) Sacramento Court Case No. 34.2012-80001198 Parking A °` ity and Successor ailed to order at p.m. by Mayor / ano, Mo'"f7v Natividad (5:22 p.m.), Rios, 54957.6 Rep ';- tatives: Stacey Stevenson, Claudia Silva, Robe , Frank Parra, Tim Davis n: Fire Fighters' Association al Counsel — Existin• Litigation y and Successor Agency v. Matosantos, Sandoval (true SUCCESSOR AGENCY 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Matosantos, Sandoval (true up) Sacramento Court Case No. 34.2012-80001198 1 PARKING AUTHORITY 1. Real Property Transaction — Former Costco Site APN: 559-086-03-00 Agency Negotiator: Don Mosier Under Negotiation: Price and Terms of Paym CLOSED SESSION REPORT At the conclusion of the Closed Session, City Claudia Silva reported that there was Session. ADJOURNMENT The meeting was adjourned Successor Agency to be helc next Regular Meeting of the 2014, at 6:00 p.m., in the Cou Boulevard, Nation City Se The fo e Next Re sday, Feb thority t s, Civ Book 96 / Page 11 CC Book 2 / Page 2 PA Book 3 / Page 4 SA 02-04-2014 and Agency Counsel ort from the Closed ing of the Cit''`>l!;•uncil and 4, 2014 at 6:00 p.m. and the held on Tuesday, July 15, nter, 1243 National City Secretary, Parking Authority d at the Meeting of August 19, 2014. Mayor, City of National City Chairman, Parking Authority & Successor Agency a EXHIBIT `L' AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NA : 1 CITY PARKING AUTHORITY OF THE CIT <:_._€p , IONAL CITY SUCCESSOCY TO THE COMMUNITY DEVEL ENT COMMISSION A THE NATIONAL CITY R -,, LOPME T AGENC in Conferen ivic Cente 12 s� .4' .ICity Bou Callforn Sp •y>!d eting — Tu -s ay, Fe • ;° F 201 . fir.. 00 p.m. ROLL CALL OP 1. Real P APN: 55 Agency Neg Under Negotia CLOSED SESSION NG AUTHORITY Former Costco Site sier nd Terms of Payment CITY COUNCIL 1. Conference with Labor Negotiators: Agency Designated Representatives: Employee Organization: Government Code Section 54657.6 Stacey Stevenson, Claudia Silva, Brad Raulston, Mark Roberts, Frank Parra, and Tim Davis Fire Fighters' Association 3 CLOSED SESSION (cont.) CITY COUNCIL 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Matosanto Sacramento Court Case No. 34-2012-80001198 SUCCESSOR A 3. Conference with Legal Counsel — Existin ' = ion Government Code Section 54956.9(a) City of National City and Successor Ag o-a. Matosantos, Sandov .e up) Sacramento Court Case No. 34-2012-800 Closed Session Agenda Page Two February 4, 2014 andoval (true up) 4. Real Property Transaction — F APN: 559-086-03-00 Agency Negoti_}x xosier Under Negot:e ; ed Terms ADJOURNMENT ebruary 4, 2014, 6:00 p.m., Council Book 96 / Page XX CC Book 2 / Page 3 PA Book 3 / Page XX SA 03-04-2014 DRAFT DRAFT DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PARKING AUTHORITY OF THE CITY OF NA ONAL CITY AND SUCCESSOR AGENCY TO THE COMMU EVELOPMENT COMMISSION AS THE NATIONAL CITY R LOPMENT AGENCY The Special Meetings of the City . il, Parking Auto and Successor Agency of the City of National City we Iled to order by Ma ;;Chairman Ron Morrison. ROLL CALL Council / Agency / Board Natividad, Rios, Sotelo-Solis (4: Administrative Offici •resent: f Payment Memb' etired into t' .-d S= n at 4:40 p.m. CLOSED CITY COUNCIL no (5:03 p.m.), Morrison, 1. Conference wi abor Negotiators — Government Code Section 54657.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Brad Raulston, Mark Roberts, Frank Parra, and Tim Davis Employee Organization: Fire Fighters' Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Mark Roberts, Tim Davis, and Jose Tellez Employee Organization: Police Officers' Association 5 CLOSED SESSION (cont.) CITY COUNCIL 3. Conference with Labor Negotiators — Govern Agency Designated Representatives: Stace Tim Davis, Mark Roberts, and Kunabalan` Employee Organization: Municipal Em 4. Conference with Le• al Counsel — Government Code Section 549 yti� 't City of National City, Successo' . ncy v. Morgan Sq San Diego Superior Court Case µ -2013ry e054606- Book96/PageXXCC Book 2 / Page 4 PA Book 3 / Page XX SA 03-04-2014 t Code Section 54957.6 enson, Claudia Silva, Muthusamy sociation :ESSOR A 1. Conference with Legal C Government •de Section City of Na =__. Succes San Die urt Ca N: 559- ency Negot`= Negotiatio HORITY co Site er erms of Payment 'sting Li'Q :tion Inc. R-CT quare, Inc. 54606-CU-OR-CT CLOSED ION REPG T At the conclu '' a,•f the sF( ed Session City Attorney and Agency Counsel Claudia reporte• 7 t as no action to report from the Closed Session. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting of the City Council and Successor Agency to be held on Tuesday, February 4, 2014 at 6:00 p.m. and the Next Regular Meeting of the Parking Authority to be held on Tuesday, July 15, 2014, at 6:00 p.m., in the Council Chambers, Civic Center, 1243 National City Boulevard, National City. 6 Book 96 / Page XX CC Book 2 / Page 5 PA Book 3 / Page XX SA 03-04-2014 ADJOURNMENT (cont.) Next Regular City Council Meeting — Tuesday, March 4, 2014, 6:00 p.m., Council Chambers, Civic Center Next Regular Successor Agency Meeting — Tuesd i rch 4, 2014, 6:00 p.m., Council Chambers, Civic Center Next Regular Parking Authority Meeting — ter.1ay, J , 2014, 6:00 p.m., Council Chambers, Civic Center City Clerk, City of National Ci;35`{ , _;, retary, Parking Authority Secretary, Successor Agency The foregoing € "' >-pprovecs ee`k August 19, 2014. City of ational City Chai ` , Parking Authority & `?cessor Agency DRAFT DRAFT DRAFT Book 96 / Page XX 08-05-2014 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY August 5, 2014 The Adjourned Regular Meeting of the Council and Community Development Commission — Housing Author` City of National City was called to order at 5:08 p.m. by Mayor / Chaim, -on ',r ison. ROLL CALL Council / Board members present: Ca ; orrison, Natividad, , Sotelo-Solis. Administrative Officials resent: Dalla -ese: ong, Ma iello Parra, Raulston, Roberts, Rodriguez .. ilva, Steven w -ra, Williams, Others resent: CityTreasur= :` Beaucha p��h PLEDGE OF ALLEGIANCE T ; BY M•p.R RON MORRISON PUBLIC ORAL CICATIO Sunshine Hort e to her Birthday Party fund raising event for Children Mar ®dal CiY�},, ed n� Cc° cil to consider purchasing an ad in th �eetwater t�Sch• � asketba ,,gram. COUNCIL MEETI F '' SENTATIONS 2014 (102-10-9) 1. Life Saving R=''•gnition — Lucia Yamira Reyes & Emilia Galiana Reyes. (Fire) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 2. Burn Institute Recognition — National City Fire Department fundraising for Burn Camp. (Fire) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 3. Water Drought Update. (Mayor Ron Morrison) Book 96 / Page XX 08-05-2014 OFF AGENDA ITEM SUBJECT: Temporary Use Permit — Thornton Family Event with Ceremony hosted by Olivewood Learning Center on September 20, 2014 from 10am to 7pm with no waiver of fees. RECOMMENDATION: Add the item. ACTION: Motion by Sotelo-Solis, seconded by Rios, to bring the item onto the Agenda as Item No. 29a. Carried by unanisr•us vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR through 11 (Resolution Nos. 2014-101 Item Nos. 13 through and 18 (Warran Natividad, to •ull Item Nos. 7 and Consent Calendar. Carried by unanimo APPROVAL OF MINUTES 4. APPROVAL OF THE CITY COUNCIL AND HOUSING AU HORITY 18, 2014, ADJOU COMM OF THE C City C ON: RE THIS BE INTR TITLE ONL ACTIO I \M1{ 3 ugh 2014- isters). Motion nd to a••rove Minutes), Item Nos. 5 Item No. 12 (TUP), no, seconded by .mainder of the ULAR MEETINGS OF THE MENT COMMISSION — AL CITY OF MARCH MINUTES OF THE CITY COUNCIL AND MISSION `- HOUSING AUTHORITY OF APRIL 29, 2014 AND JUNE 17, 14-1 f ESOLUTION OF THE CITY COUNCIL OF IONA'ft ' ITY APPROVING THE WAIVING OF THE TEXT OF THE ORDINANCES CONSIDERED AT PROVIDING THAT SUCH ORDINANCES SHALL ND/OR ADOPTED AFTER A READING OF THE Clerk) Adopted. See above. Book96/PageXX 08-05-2014 CONSENT CALENDAR (cont.) CONTRACT (C2011-23) 6. Resolution No. 2014-102. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH SAFDIE RABINES ARCHITECTS INC. TO INCREASE THE NOT -TO - EXCEED AMOUNT OF THE AGREEM T BY $270,000 FOR ARCHITECTURAL AND CONSTRUCTION PORT SERVICES FOR THE NATIONAL CITY AQUATIC CENT »m OJECT. (Funded by San Diego Unified Port District CIP) En in F<g ;°{� •Iic Works) ACTION: Adopted. See abov CONTRACT (C2009-78) 7. Resolution No. 2014-103. R THE CITY OF NATIONAL CI EXECUTE AN AGRE .,I ENT WIT TESTING, INC. (S FOR A $300,000 TO PROVI FOR NATIONAL CITY' INCLUDING, A:UT NOT MATERIA r4 G. (E n by Riw_ •' ied by GR CARR "POLICE ACCEPTA EXPENDITUR HE CI ND PUB Ci ARTMEN E 2014 JAG) P BA ID COUNCIL OF AYOR TO ASOIL& UNT OF CT SUPPORT SERVICES ENT PROGRAM (CIP), HNICAL, SOILS AND se `Q` -d by Cano, to adopt the ous vote: LION OF THE CITY COUNCIL OF AL CI ^`` UTHORIZING THE 30-DAY REVIEW NT 0 THE NATIONAL CITY POLICE PPLICATION IN THE AMOUNT OF $31,995 ARD "o RNE MEMORIAL JUSTICE ASSISTANCE RAM TO PURCHASE ACTIVE SHOOTER PLATE TIC PLATES, MAGAZINE POUCHES, AND FICATION PANELS, AUTHORIZING THE THE GRANT AWARD, AND AUTHORIZING THE F GRANT FUNDS. (Police) ACTION: Adopted. See above. \0 Book 96 / Page XX 08-05-2014 CONSENT CALENDAR (cont.) BUDGET FY 2014-2015 (206-1-30) 9. Resolution No. 2014-105. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A FISCAL YEAR 2015 BUDGET ADJUSTMENT BY RATIFYING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE FUND APPROPRIATION AND ACCEPTANCE OF $2,500 AND A REIMBURS LE GRANTS CITYWIDE FUND REVENUE BUDGET OF $2,500 FR`r<`HE 2014 SDG&E SAFE SAN DIEGO INITIATIVE GRANT F Eke RECEIVED FOR THE � PURCHASE OF MEALS READY TO < z 2 taffy S) FOR THE NATIONAL CITY COMMUNITY EMERGENCY - ` °. NS M (CERT). (Fire) ACTION: Adopted. See a EMERGENCY / DISASTER PLANNI 10. Resolution No. 2014-106. RES THE CITY OF NATIO.. AL CITY EMERGENCY SER Fem. CHIEF SECURITY MANAGE`h'`�..; S PURPOSE OF OBT CO A TR THRO ASSISTANCE DISASTE APPRO FM -CA) AC esolutio HE CITY EXECUTE CIATION R PRO JUNE OR COS THR UDE IRE (F d. See A Reso MIN (301-1-1) ION THE CI OUNCIL OF G THE D ,TOR OF OLICE, AND MELAND AU ' ' IZED AGENTS FOR THE R STATE FINANCIAL OPEN AND FUTURE ING THE DATE OF TTIA FIRE (FEMA-5054- ). (Fire) R ") TION OF THE CITY COUNCIL OF CITY UTHORIZING THE CITY MANAGER DUM OF AGREEMENT WITH SAN DIEGO GO MENTS (SANDAG) FOR THE GRAFFITI M, FOR THE ANNUAL AMOUNT OF $2,607 2015. (City Manager) on by Cano, seconded by Sotelo-Solis, to adopt the arried by unanimous vote. TEMPORARY USE PERMITS 2014 (203-1-30) 12. Temporary Use Permit — 13th Annual 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16th Street on September 11, 2014 from 6:00 a.m. to 10:00 a.m. This is a City - sponsored event. (Neighborhood Services) ACTION: Approved. See above. 1� Book96/PageXX 08-05-2014 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2013 — JUNE 2014 (202-1-28) 13. Warrant Register #49 for the period of 05/28/14 through 06/03/14 in the amount of $1,246,030.98. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2013 — JUNE 2014 (2 . 1-28) 14. Warrant Register #50 for the period of 06/e)` y through 06/10/14 in the amount of $1,670,397.92. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2013 — J 15. Warrant Register #51 for the amount of $475,260.92. (Finan ACTION: Ratified. See ab 014 (202- of 06/11/14 th WARRANT REGISTER JUL — JUNE E 02-1-28) 16. Warrant Register #52 riod of /14 through 06/24/14 in the amount of $2,275,621.33 ACTIO Ratified. h 06/17/14 in the WARRANT R WARRANT R 17. Warrant R NT REGIS rant Regis t of $1,48 TION: R PUBLIC HEAR r1-28) 2015 (2 1 -1-29) of 06/25/14 through 07/01/14 in the 14 — JUNE 2015 (202-1-29) period of 07/02/14 through 07/08/14 in the 7.78. Hance) ied. See above. CONDITIONAL USE a RMITS 2014 (403-29-1) 19. Public Hearing — Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., Suite E7B. (Applicant: Vapure USA, Inc. (Case File 2014-04 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission. TESTIMONY: Christine Gentry, appeared on behalf of the applicant and responded to questions. Book 96 / Page XX 08-05-2014 PUBLIC HEARINGS (cont.) CONDITIONAL USE PERMITS 2014 (403-29-1) 19. Public Hearing —.Conditional Use Permit (continued). ACTION: Motion by Sotelo-Solis, seconded by Rios, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Rios, Sotelo-Solis. Nays: Cano. Absent: None. Abstain: None. Motion by Sotelo-Sotelo, seconded b ; no, to have staff return in 30 da s with Ian •ua•e and infor k`eR"` relatin• to aliowin• Ii.uid area and no selling of hardware. Carried • "`R'nimo ORDINANCES FOR ADOPTION MUNICIPAL CODE 2014 (506-2-29) ELECTION NOV 2014 (505-2 .1) 20. Ordinance No. 2014- THE CITY OF NATIO NATIONAL CITY MU MU E 21. TRANSACTIO RECOMM T A Ord! TR ONE THE GE 4, 2014. (C RECOMMEN ON NO rdinance CITY OF URE TO CTIONS ENT N ORDI MEND ODE S AND U N: Ado ukie V by So ed by un OF THE CITY CNCIL OF ECTION 4.60.170 OF THE NDING AN EXISTING D"). (City Attorney) City, spoke in favor. olis, seco "ded by Rios, to adopt the ous vote. AN OR i INANCE OF THE CITY COUNCIL OF ITY ORDERING THE SUBMISSION OF A AN EXISTING VOTER APPROVED D USE TAX (A SALES TAX) IN THE AMOUNT OF ) TO THE QUALIFIED VOTERS OF THE CITY AT ICIPAL ELECTION TO BE HELD ON NOVEMBER ney) ION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt the Ordinance. Carried by unanimous vote. L3 RTY TAX olution No. ITY OF TY TAX FRO Book 96 / Page XX 08-05-2014 NON CONSENT RESOLUTIONS PARKING & TRAFFIC CONTROL ADMIN 2014 (801-2-35) 22. Resolution No. 2014-108. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 60 FEET OF RED CURB "NO PARKING" BETWEEN 630 AND 632 EAST DIVISION STREET TO ENHANCE VISIBILITY AND ACCESS ONTO EAST DIVISION STREET. (TSC Item No 20-07) (Engineering/Public Works) RECOMMENDATION: Adopt the Resolut TESTIMONY: None. ACTION: Motion by Cano s : nde Rios, to adopt the Resolution. Carried by un s vote. FINANCIAL MANAGEMENT 2014-2 04-1-30) 23. Resolution No. 2014-109. RES ION • THE CIrOUNCIL OF NATIONAL CITY �� THORIZIN T APPROPR "� ON AND CORRESPONDING�UE INC OF $2,150,000 OR THE PURPOSE OF CO e )c, n�h XPEND ' ES RELATED TO THE RELOCATION OF . F € WO Hip FACILITIES AND ENVIF ONME TAL RE FIAT ► � ,�N ``' ` �; WESTSIDE IN -FILL TRANSIT fs.NTED `":�EV�NT" PROJECT SITE. (Engine RECOM DATIO` ,:' dopt t ... olution. TES CTIOs, seconded by Natividad, to adopt mous vote. T PRO YEAR TO 0.96 RECOMME TESTI INDE:TEDNESS ADMIN (205-2-2) ESOLUTION OF THE CITY COUNCIL OF ITY AUTHORIZING REDUCTION OF THE TE FOR BONDED INDEBTEDNESS FOR FISCAL 19 CENTS PER $100 OF ASSESSED VALUATION ance) N: Adopt the Resolution. Y: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 1'A Book 96 / Page XX 08-05-2014 NON CONSENT RESOLUTIONS (cont.) LABOR RELATIONS FFA MOU 2014 — 2015 (605-6-11) 25. Resolution No. 2014-111. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION, AMENDING THE AGREEMENT TO INCREASE, BY $10.00 PE', ONTH, TO A TOTAL OF $20.00 PER MONTH, THE RETIREE HEA rENEFIT FOR ELIGIBLE MEMBERS OF THE FIREFIGHTERS' A CATION RETIRING ON OR AFTER JULY 1, 2014. (Human Resou RECOMMENDATION: Adopt the R •`"`on. TESTIMONY: None. ACTION: Motion by Na; 7 -` , seconded by -lo-Solis, to adopt the Resolution. Carried `Yv animous vote. CONTRACT (C2010-86) 26. Resolution No. 2014- THE CITY OF NATI EXECUTE THE SECO BETWEEN T SAN DIE BETW SCHOO AND EPIS ND ESOLU TY CITY AN CON AND EASE MUNI ATE nage dopt tolution. : Mr. Danny Shuriock, President reate s & Girls Club of San Diego, ns. : Motion by Rios, seconded by Cano, on. Carried by the following vote, THE CITY C b'UNCIL OF AU IZING THE MAYOR TO MEN "-+ THE LEASE BY AND CLUB OF GREATER CEASE AGREEMENT INTEGRITY CHARTER EEN TH'°:OYS AND GIRLS CLUB ERVICES FOR THE CITY -OWNED T 1430 "D" AVENUE. (Housing, and CEO of responded to to adopt the to -wit: Ayes: Morrison, Natividad, Rios. Nays: Sotelo-Solis. t: None. Abstain: None. 15 Book96/PageXX 08-05-2014 NEW BUSINESS XXXXX 27. Request to appoint two City Council members to serve on an ad hoc committee for the consideration and potential selection and recommendation of an energy service firm to enter into a guaranteed energy savings contract (ESCO) with the City in response to a request for statements of qualifications (SOQ). (Planning) RECOMMENDATION: Appoint two City Co':_` embers to serve on the ESCO ad hoc committee. TESTIMONY: None. ACTION: Motion by Morris Members Rios and Cano t following vote, to -wit: Ay None. Absent: Sotelo-S Member Sotelo-Solis left the amber at 27. Member Sotelo-Solis returned t LEAGUE OF CA 28. City C Resoluti RECOMM e ngeles. TES ACTIO forward wi FINANCIAL 29. Investme RECOMME DMIN ( of Lea ger) ity Coun no, Morrison, Abstain: None. by Cano, to appoint ittee. Carried by the 'dad, Rios. Nays: ng discuss f Item No. Cities 2014 Conference onsider the League's resolutions and our voting delegates can represent nference on September 3-5 in Los tion "sw' ios, seconded by Cano, to support moving :he Re f ution. Carried by unanimous vote 2014-2015 (204-1-30) r the quarter ended March 31, 2014. (Finance) N: Accept and file the Investment Report for the Quarter ende• " arch 31, 2014. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanimous vote �6 HOUSING AUTHO - ITY OF TH STAFF REPORT Mark Roberts MAYOR AND CI Vic Me zones the food Sotelo-So „esidents d ordinanc Book 96 / Page XX 08-05-2014 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2014 (203-1-30) 29a. Temporary Use Permit — Thornton Family Event with Ceremony hosted by Olivewood Learning Center on September 20, 2014 from 10am to 7pm with no waiver of fees. RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all condition f approval with no waiver of fees. TESTIMONY: An un-named sp Olivewood Learning Center and ACTION: Motion by Natividaa,ond Application for a Tempora , `;;e Permit. vote. appeared on behalf of to questions. Rios, to approve the rried by unanimous COMMUNITY DEVELO ' . ENT COM ISSION "}4- ATIONAL bonds. ss for issuing business licenses. consideration be given to the need for cool nt heat wave and inquired about the status of Member Rios nded ` one about the upcoming Relay for Life event. Member Cano corn ed the efforts of the Code Enforcement staff. Mayor Morrison reviewed the many events happening in the City including National Night Out, State of the City, Movies in the Park the Car Show and Relay for Life. CLOSED SESSION REPORT City Attorney Claudia Silva stated the City Council authorized action in one matter by a 5-0 vote. Details to be provided later so as not to effect service of process. 1� Book 96 / Page XX 08-05-2014 ADJOURNMENT The meeting was adjourned in honor of Mr. Rip Reopelle a WWII Veteran career educator, Public Servant and community volunteer who recently passed away. Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be.eld Tuesday, August 16, 2014 at 6:00 p.m. at the Council Chambers, Natio:z�' y, California. Carried by unanimous vote. The meeting closed at 7:39 p.m. City Cle The foregoing minutes were a®,o ` the R=®"" ar Meeting of August 19, 2014. 1% Mayor EXHIBIT 'L' AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NAT1O 9,L CITY Main Conference R Civic Cente 1243 National Cit = evar National Cityfornia Special Meeting — Tues ugust 5, 2014 — 4:3 ROLL CALL CLOSED SESSION 1. Conference with Initiati•� • Litigation 0 se AD Next Civic Ce Anticipate rumen eeting igation e Section 54956.9(c) sday, August 5, 2014, 5:00 p.m., Council Chambers, \o` CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19, 2014 AGENDA ITEM NO. 4 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with BSE Engineering, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, Mechanical, Electrical, Plumbing (MEP) and Energy Engineering (EE) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year Capital Improvement Program (CIP) is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban runoff; Americans with Disabilities Act (ADA) enhancements; park amenities; mechanical, electrical and heating, ventilation, and air conditioning (HVAC) upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT). The RFQ was advertised on the City's Website, published in the Daily Transcript, and e-mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected several firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with BSE Engineering, Inc., for a not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, Mechanical, Electrical, Plumbing (MEP) and Energy Engineering (EE). See Exhibit "A" for general scope of work and Exhibit "B" for fee schedule. BSE Engineering is certified as a Small Business Enterprise (SBE). A copy of the SOQ submitted by BSE Engineering is available for review in the Office of the City Engineer. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BSE ENGINEERING, INC. THIS AGREEMENT is entered into this 19th day of August, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BSE Engineering, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a Mechanical, Electrical, Plumbing (MEP) and Energy Engineering (EE) firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. $COPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, Mechanical, Electrical, Plumbing (MEP) and Energy Engineering (EE). The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 1 BSE Engineering On -Call Agreement, August 2014 -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the Project Coordinator. The CONSULTANT shall appear at meetings as required by the Project Coordinator to keep staff and City Council advised of the progress on projects. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Tamara Badkerhanian-Ganev, President/CEO, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and materials, consistent with Exhibit "B". The total cost for services described in Exhibit "A" shall not exceed $500,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. 2 BSE Engineering On -Call Agreement, August 2014 -2- The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE, DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 19, 2014. The duration of this Agreement is for the period of August 19, 2014 through August 18, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through August 18, 2017. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement 3 B SE Engineering On -Call Agreement, August 2014 nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL,. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all 4 BSE Engineering On -Call Agreement, August 2D14 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTJAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. TNI)EMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable 5 BSE Engineering On -Call Agreement, August 2014 -5- attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. /1 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"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 6 SSE Engineering On -Call Agreement, August 2014 -6- 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VllI according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. jVIEDLATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the 7 BSE Engineering On -Call Agreement, August 2014 _7_ parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 BSE Engineering On -Coll Agreement, August 2014 -8- To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Tamara Badkerhanian-Ganev, AScT, LEED AP, CEM, CxA President/CEO BSE Engineering, Inc. 10680 Treena Street, Suite 100 San Diego, CA 92131 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 9 BSE Engineering On -Call Agreement. August 2014 _0_ 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 10 ESE Engineering On -Cell Agreement, August 2014 -10- opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY BSE ENGINEERING, INC. J By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney By:� Tamara Badkerhanian-Ganev President/CEO ( 42 By• Alan Brown, P.E. Principal 11 BSE Engineering On -Call Agreement, August 2014 EXHIBIT "A" MECHANICAL & ELECTRICAL - REQUEST FOR QUALIFICATIONS (RFQ) ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP) SSE ENGINEERING February 24, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 RE: Mechanical and Electrical Engineering - On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Mr. Manganiello, Thank you for this opportunity! BSE Engineering is an award -winning woman -owned, full service, Mechanical/Electrical/Plumbing (MEP) and Energy Engineering (EE) firm with a key focus on energy efficiency and sustainable projects in local, state and federal government sectors. BSE is certified as a Small Local Business Enterprise (SLBE) through the City of San Diego and has a strong performance history in completing prime contracts for complex electrical, mechanical and energy related projects. BSE also provides alternative energy system designs, including electrical and energy master planning services. Over the past 3 years, we have secured well over a million dollars in energy efficiency incentives for our clients through various utility company (IOU) incentive programs. BSE Engineering is a local San Diego based engineering firm with a 45 year history of successfully completing over 1000 prime contracts with various government agencies including counties, cities, port districts, and the federal government. We have a proven record of past performance to support our long history of quality engineering services. We are interested in this On -Call Contract for three main reasons: 1. We enjoy working with the National City staff and feel honored to be able to support your mission. 2. Previously with the City of National City, BSE has added value by assisting the City through the process of designing a retrofit of the City Hall chiller plant and assisting with bidding the project publicly to secure the energy efficiency block grants committed for the project. 3. BSE Engineering has developed a working relationship and understanding of city processes as a sub -consultant to the City through Bureau Veritas and Project Professionals Corporation. Based on our understanding of the City's mechanical and electrical engineering needs, acting as a prime engineering consultant will allow us to better deliver our services while minimizing costs and delays that can occur while working as a subconsultant. Designing Your Sustainable Future Page 3 of 35 -12- MECHANICAL & ELECTRICAL - REQUEST FOR QUALIFICATIONS (RFQ) ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP) BSE ENGINEERING We are different than most other engineering firms because we are one of the few local consulting engineering firms that has clearly positioned themselves as the "Owner's Engineers" and has been able to avoid conflicts of interests with other parties, including but not limited to vendors, contractors and suppliers. We understand the rules and the regulations governing the public contracting and bidding practices and we are able to stay impartial and professional throughout various phases of the project. In closing, I would like to quote Albert Einstein ... "Strive not to be a success but to be of value to others". Our business is built around collaboration, service and adding value. Please let us help you create mechanical, electrical and energy engineering solutions for your upcoming Capital Improvement Program (CIP). Warmest Regards, • ‘datt-- • cJ Tamara Badkerhanian-Ganev, AScT, LEED AP (BD+C), CEM, CxA President/CEO Designing Your Sustainable Future Page 4 of 35 11 BEE ENGINEERING ESE Engineering, Inc. 10680 Treena St., Suite 100, San Diego, CA 92131-2443 tel 858.279.2000 fax 858.279-2626 www.BSEengineering.com EXHIBIT "B" CITY OF NATIONAL CITY MECHANICAL, ENERGY AND ELECTRICAL ENGINEERING CONSULTING SERVICES 2014-2018 (5 YEAR TERM) HOURLY BILLING RATES Rate Category Base Year Hourly Rate Principal $185 Senior Associate/Senior Engineer $160 Associate/Senior Engineer $150 Project Engineer $140 Design Engineer II $125 Design Engineer I $115 Senior CAD Drafter $85 CAD Drafter $70 Clerical $55 REIMBURSABLE EXPENSES Expense Rate Mileage No Charge Travel Expenses — Accommodation, Meals, etc. No Charge Project Delivery CAD Paper No Charge Plots (Up to three sets per submission stage) Additional CAD Paper Plots $5 / plot (Beyond three sets) Project Delivery CAD Vellum $10 / plot vellum $25 / plot color Plots Photocopies $0.10/copy Fax No Charge Handling Fee 0% I4_ RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BSE ENGINEERING, INC., FOR A NOT -TO -EXCEED AMOUNT OF $500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROJECTS, INCLUDING, BUT NOT LIMITED TO, MECHANICAL, ELECTRICAL, PLUMBING (MEP), AND ENERGY ENGINEERING (EE) WHEREAS, National City's current 5-Year Capital Improvement Projects ("CIP") is projected to deliver over $60 million in major public improvements, such as corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low Impact Development ("LID") measures for treatment of urban runoff; Americans with Disabilities Act enhancements; park amenities; mechanical, electrical and air conditioning ("HVAC") upgrades to City -owned buildings; and affordable housing projects, including infill transit -oriented development; and WHEREAS, in order to design, manage, and deliver these projects on schedule and within budget, the Department of Engineering and Public Works advertised a Request for Qualifications ("RFQ") for various engineering and construction support services on January 27, 2014, and received approximately 70 Statement of Qualifications ("SOQs") from various firms; and WHEREAS, based on the strength of their SOQ and interview, staff recommends executing an agreement with BSE Engineering, Inc., for the not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, Mechanical, Electrical, Plumbing (MEP) and Energy Engineering (EE). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with BSE Engineering, Inc., for a not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, Mechanical, Electrical, Plumbing (MEP), and Energy Engineering (EE). The Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Chen Ryan Associates, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, traffic engineering, transportation planning and design, mobility planning, design and multimodal integration for complete streets, bicycle and pedestrian planning and design, and Geographic Information Systems (GIS) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year Capital Improvement Program (CIP) is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban runoff; Americans with Disabilities Act (ADA) enhancements; park amenities; mechanical, electrical and heating, ventilation, and air conditioning (HVAC) upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT). The RFQ was advertised on the City's Website, published in the Daily Transcript, and e-mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected several firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Chen Ryan Associates, Inc., for a not -to - exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, traffic engineering, transportation planning and design, mobility planning, design and multimodal integration for complete streets, bicycle and pedestrian planning and design, and Geographic Information Systems (GIS). See Exhibit "A" for general scope of work and Exhibit "B" for fee schedule. Chen Ryan Associates is a women -owned small business, certified as both a Small Business Enterprise (SBE) and Disadvantaged Business Enterprise,(DBE). A copy of the SOQ submitted by Chen Ryan Associates is available for review in the Office of the City Engineer. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEN RYAN ASSOCIATES, INC. THIS AGREEMENT is entered into this 19`h day of August, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Chen Ryan Associates, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a traffic engineering and transportation planning and design firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, traffic engineering, transportation planning and design, mobility planning, design and multimodal integration for complete streets, bicycle and pedestrian planning and design, and Geographic Information Systems (GIS). The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 1 Chen Ryan Associates On -Call Agreement, August 2014 -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the Project Coordinator. The CONSULTANT shall appear at meetings as required by the Project Coordinator to keep staff and City Council advised of the progress on projects. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Monique Chen, P.E., thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and materials, consistent with Exhibit "B". The total cost for services described in Exhibit "A" shall not exceed $500,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. 2 Chen Ryan Associates On -Call Agreement, August 2014 -2- The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 19, 2014. The duration of this Agreement is for the period of August 19, 2014 through August 18, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through August 18, 2017. 7. DISPOSITION AND9WNERSRIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY' S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement 3 Chen Ryan Associates On -Call Agreement, August 2014 -3- nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITHAPPLIC&BLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. JJCENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARF. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all 4 Chen Ryan Associates On -Call Agreement, August 2014 -4- products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. YVON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable 5 Chen Ryan Associates On -Call Agreement, August 2014 -5- attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTS negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. JNSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 6 Chen Ryan Associates On -Call Agreement, August 2014 -6- 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. J.EGAI, FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the 7 Chen Ryan Associates On•Call Agreement, August 2014 -7- parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 Chen Ryan Associates On -Call Agreement, August 2014 -s- To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Monique Chen, P.E. President Chen Ryan Associates, Inc. 239 Laurel Street, Suite 203 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 9 Chen Ryan Associates On -Call Agreement, August 2014 -9- 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCEI,I,ANEOIIS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 10 Cben Ryan Associates On -Call Agreement, August 2014 _10_ opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CHEN RYAN ASSOCIATES, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney By: By: 1V1oniqhen, P.E. President Sherry Ryan, J hD Vice President 1 1 Chen Ryan Associates On -Call Agreement, August 2014 -11- EXHIBIT "A" February 24, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 CHEN * RYAN Re: Statement of Qualifications to Provide On -Call Project Support Services for National City's Capital Improvement Program (CIP) - Traffic Engineering and Transportation Design & Planning Dear Steve: Chen Ryan Associates, Inc. is pleased to present our Statement of Qualifications (SOQ) to provide on -call project support services for National City's Capital Improvement Program (CIP), with a focus on traffic engineering and transportation design & planning. We are confident that you will find Chen Ryan Associates to be exceptionally well qualified to assist you in the upcoming years on a range of transportation related tasks, including complete streets, bicycle and pedestrian planning and design, traffic operational analyses and simulations, parking analyses, Traffic Impact Study (TIS) preparation and review, and other traffic engineering support and advice. Our firm has extensive experience throughout the San Diego region in multi -modal transportation studies on a wide range of projects, from bicycle and pedestrian master plans, to corridors studies and concept design, to General Plans. We can also ensure the ability to bring fresh perspectives incorporating state-of-the-art analysis tools and expertise related to mobility planning, design and multi - modal integration within the context of complete streets. We have an unparalleled and in-depth understanding of the City's vision, goals and opportunities in its mobility planning and implementation as our key staff have assisted the City in recently delivering the Circulation Element Update which was adopted in June of 2011. The Update process allowed me to work very closely with you and develop a deep appreciation of both your tireless work ethic and your management style. We are excited about this particular Request for Qualifications (RFQ) for two reasons — helping the City to realize its vision of being a multi -modal transportation leader in our region through various CIP projects; and having the opportunity to work with you again. Chen Ryan Associates is experienced in serving in the capacity of on -call consultants. I have served as the on -call project manager providing transportation planning and traffic engineering services for the City of Vista over the past ten plus years. During this period, I have managed numerous traffic impact studies in the City of Vista including mixed -use, municipal, parks, commercial, office uses, and residential projects. Interchange operations, speed studies, fair share cost estimations, as well as circulation element assessments have also been a part of our previous on -call efforts for the City of Vista. These experiences provide our team with in-depth familiarity and knowledge of the City's mobility network operations, opportunities and constraints. For the past fifteen years, I have served as the on -call project Chen Ryan Associates 1239 Laurel Street, Suite 203 I San Diego, CA 92101 1619.318-4664 www.ChenRyanMobility.com -12- CHEN*RYAN manager providing transportation planning and traffic engineering services for the Otay Ranch Company in the development of multiple Otay Ranch Villages which are comprised of over 10,000 acres and 15 urban mixed -use villages. Responsibilities have included a wide variety of traffic operations and traffic impact assessments, and safety studies requiring state-of-the-art software and analysis capabilities. Traffic simulations have been utilized extensively to convey findings and the benefits of recommended improvements. I bring extremely strong technical skills in traffic engineering and transportation planning, specifically in traffic impact analyses, complete streets assessments, and multi -modal designs. As a project manager, I strive to produce high quality products within prescribed timeline and budget parameters. 1 will be supported by highly qualified staff to ensure that we provide the City of National City with the full spectrum of transportation planning and traffic engineering services necessary over the duration of this on -call contract. Chen Ryan Associates is a certified Disadvantaged and Small Business Enterprise (DBE/UDBE and SBE) founded in 2011. We take no exceptions to this RFQ and the requirements stated within. No addenda have been issued for this RFQ. We appreciate the opportunity to present our qualifications and look forward to providing our services to the City of National City. Thank you. Sincerely, Monique Chen, PE Principal Chen Ryan Associates, Inc. 239 Laurel Street, Suite 203 San Diego, CA 92101 Phone: 619-318-4664 Email: mchen@chenrvanmobilitv.com Chen Ryan Associates 1239 Laurel Street, Suite 203 I San Diego, CA 92101 1619-318-4664 www.ChenRyanMobility.com -13- EXHIBIT "B" CHEN ` RYAN Billing Rates (August 1, 2014) Principal $160.00 Senior Project Engineer $140.00 Project Engineer / Planner $110.00 Junior Engineer / Planner $90.00 GIS / Graphics $110.00 Intern $60.00 -14- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CHEN RYAN ASSOCIATES, INC., FOR A NOT -TO -EXCEED AMOUNT OF $500,000, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROJECTS, INCLUDING, BUT NOT LIMITED TO, TRAFFIC ENGINEERING, TRANSPORTATION AND DESIGN, MOBILITY PLANNING, DESIGN AND MULTIMODAL INTEGRATION FOR COMPLETE STREETS, BICYCLE AND PEDESTRIAN PLANNING AND DESIGN, AND GEOGRAPHIC INFORMATION SYSTEMS WHEREAS, National City's current 5-Year Capital Improvement Projects ("CIP") is projected to deliver over $60 million in major public improvements, such as corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low Impact Development ("LID") measures for treatment of urban runoff; Americans with Disabilities Act enhancements; park amenities; mechanical, electrical and air conditioning ("HVAC") upgrades to City -owned buildings; and affordable housing projects, including infill transit -oriented development; and WHEREAS, in order to design, manage, and deliver these projects on schedule and within budget, the Department of Engineering and Public Works advertised a Request for Qualifications ("RFQ") for various engineering and construction support services on January 27, 2014, and received approximately 70 Statement of Qualifications ("SOQs") from various firms; and WHEREAS, based on the strength of their SOQ and interview, staff recommends executing an agreement with Chen Ryan Associates, Inc., for the not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, traffic engineering, transportation and design, mobility planning, design and multimodal integration for complete streets, bicycle and pedestrian planning and design, and Geographic Information Systems. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Chen Ryan Associates, Inc., for a not -to -exceed amount of $500,000, to provide on -call project support services for National City's Capital Improvement Projects, including, but not limited to, traffic engineering, transportation and design, mobility planning, design and multimodal integration for complete streets, bicycle and pedestrian planning and design, and Geographic Information Systems. The Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Atkins North America, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability Act (ADA) / Universal Design, and community outreach PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution r- Explanation: The City's current 5-Year Capital Improvement Program (CIP) is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban runoff; Americans with Disabilities Act (ADA) enhancements; park amenities; mechanical, electrical and heating, ventilation, and air conditioning (HVAC) upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT). The RFQ was advertised on the City's Website, published in the Daily Transcript, and e-mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected several firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Atkins North America, Inc., for a not -to - exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability Act (ADA) / Universal Design, and community outreach. See Exhibit "A" for general scope of work and Exhibit "B" for fee schedule. A copy of the SOQ submitted by Atkins North America is available for review in the Office of the City Engineer. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATHINS NORTH AMERICA, INC. THIS AGREEMENT is entered into this 19th day of August, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Atkins North America, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a sewer system management, civil engineering, Americans with Disability Act (ADA) / Universal Design and community outreach firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. $COPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability Act (ADA) / Universal Design, and community outreach. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 1 Atkins North America On -Call Agreement, August 2014 The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the Project Coordinator. The CONSULTANT shall appear at meetings as required by the Project Coordinator to keep staff and City Council advised of the progress on projects. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Cynthia S. Peraza, P.E., thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and materials, consistent with Exhibit "B". The total cost for services described in Exhibit "A" shall not exceed $500,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. 2 Atkins North America On -Call Agreement, August 2014 The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. ) FFECTIVE DATE ANT) LENGTH OF AGREEMENT. This Agreement will become effective on August 19, 2014. The duration of this Agreement is for the period of August 19, 2014 through August 18, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through August 18, 2017. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT' S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement 3 Atkins North America On -Call Agreement, August 2014 nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. J.JCENSES. PERMITS. FTC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all 4 Atkins North America On -Call Agreement, August 2014 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDF.MNIFI ATION ND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable 5 Atkins North America On -Call Agreement, August 2014 attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTS negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. JJ1SURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, with a $5,000,000 Umbrella Excess Liability policy covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 6 Atkins North America On -Call Agreement. August 2014 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. L All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. T.F,GAT, FFF„S, If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the 7 Atkins North America On -Call Agreement, August 2014 parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICF,S. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 Atkins North America On -Call Agreement, August 2014 To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Cynthia S. Peraza, P.E. Senior Project Manager Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, CA 92130 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 9 Atkins North America On -Call Agreement, August 2014 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 10 Atkins North America On -Call Agreement August 2014 opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ATKINS NORTH AMERICA, INC. By: Ron Morrison, Mayor By. Vltl•D. ftsi TA0V10•- VAS APPROVED AS TO FORM: Claudia G. Silva City Attorney 1 1 Atkins North America On -Call Agreement, August 2014 EXHIBIT "A" ATKINS February 24, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering and Public Works 1243 National City Boulevard National City, CA 91950 Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.514.1014 Fax: +1.858.259.0741 www.atkinsglobal.com/northamerica Subject On -Call Project Support Services for National City's Capital Improvement Program: Civil Engineering; ADA and Universal Design; Sewer System Management; Community Outreach Dear Mr. Manganiello, The City of National City (City) is seeking consultants to provide on -call project support services for the City's Capital Improvement Program (CIP). The City requires a consultant with the resources, knowledge, and expertise to provide fiscally responsible, creative solutions to achieve its CIP goals. Atkins has extensive experience developing precisely these types of solutions. For the past 30 years, Atkins has been providing engineering consulting and staff extension services throughout San Diego, saving money by developing innovative and cost-effective solutions to meet clients' project challenges. We also have experience working closely with local, state, and federal agencies having jurisdiction over southern California. The proposed services will require a project team that thoroughly understands the issues associated with providing an array of services, such as: civil engineering, Americans with Disability Act (ADA) and Universal Design, sewer system management, and community outreach. Atkins is interested in providing these services to the City. We are familiar with City staff through our continued work with the City including performing the current sewer user rate study, annual tax roll billing, and providing on going San Diego Metro financial and engineering support. By selecting Atkins, the City will engage a firm that truly understands the City's needs and knows City staff. In addition, Atkins' team provides several advantages to the City, as described below. Depth of in-house resources assures the City will receive continuity on each project from one cohesive team. With more than 175 professionals in our California offices (located in both northern and southern California), we can meet your full range of consulting team requirements. Our team members have experience providing as -needed services to local agencies, and we understand the procedures of local governments for the design, award, and construction of CIP projects. Comprehensive approach and methodology saves the City time and money. We have the demonstrated ability to tailor an approach and methodology to meet City needs. The comprehensive approach outlined in our proposal illustrates our knowledge of and experience with delivering quality projects on time and within budget. Demonstrated track record provides the City with expertise and experience to exceed each project goal. Atkins offers a dedicated team experienced in the management and implementation of private and public sector improvements for successful project completion, is capable of independent engineering judgments and decisions, and is knowledgeable of the requirements to comply with all the local, state, and federal requirements. Our team has successfully worked together on similar projects for clients that include the City of Imperial Beach, County of San Diego, San Diego Unified Port District, and Otay Water District. Our strong professional relationships, interconnected expertise, and thorough knowledge of the specific needs of cities, districts, and agencies have resulted in exceeding our client's expectations and allowed us to develop long- term working relationships with our clients. Atkins is dedicated to the success of your projects. We are proud of our depth of experience and flexibility and are ready to take on any services as needed. Atkins stands by its commitments and our team approach will result in value and cost savings for the City. We look forward to continuing to work with City staff. If you have questions or require additional information, please contact me at 1.858.514.1007 or by email at carmen.kasner@atkinsglobal.com. Cordially, Carmen C. Kasner, PE Principal -in -Charge 0414.038649.0214 ATKINS EXHIBIT "B" ATKINS SOUTHWEST INFRASTRUCTURE Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, Califomia 92130 Telephone: +1.858.874.1610 Fax: +1.858.259.0741 STANDARD RATE SCHEDULE, EFFECTIVE JANUARY 1, 2014 www.atkinsgiobal.cominorthamerica ENGINEERING SERVICES Principal Engineer V $265.00 Principal Engineer IV 240.00 Principal Engineer III 220.00 Principal Engineer II 200.00 Principal Engineer I 190.00 Supervising Engineer II 180.00 Supervising Engineer I 165.00 Senior Engineer HI 155.00 Senior Engineer II 145.00 Senior Engineer I 135.00 Engineer In 125.00 Engineer II 115.00 EngineerI 105.00 Engineering Aide 70.00 CONSTRUCTION RELATED SERVICES Senior Construction Manager $175.00 Senior Project Engineer (Const.) 155.00 Construction Manager 140.00 Prevailing Wage Field Rep.** 125.00 Senior Field Representative* 115.00 Construction Management Rep. II* 100.00 Construction Management Rep. 1* 90.00 Sr. Contract Administrator 100.00 Contract Administrator 85.00 ENVIRONMENTAL SCIENCE SERVICES Supervising Scientist $225.00 Senior Scientist III 180.00 Senior Scientist II 165.00 Senior Scientist I 140.00 Scientist III 125.00 Scientist II 110.00 Scientist I 90.00 Assistant Scientist 75.00 Research Assistant 60.00 PUBLIC AFFAIRS/COMMUNITY RELATIONS Project Manager $170.00 Community Relations Specialist 140.00 Assistant Project Manager 125.00 Account Coordinator 80.00 OTHER PROFESSIONAL SERVICES Principal Professional $196.00 Supervising Professional 170.00 CASp/Access Specialist 150.00 Sr. Professional III / Sr. GIS Analyst III 150.00 Senior Professional II / Sr. GIS Analyst II 135.00 Senior Professional I / Sr. GIS Analyst I 122.00 Professional 11 / GIS Analyst II 101.00 Professional I / GIS Analyst I 88.00 DESIGN & GRAPHIC SERVICES Senior Designer IV $165.00 Senior Designer III 140.00 Senior Designer II 135.00 Senior Designer 1 120.00 Designer II 110.00 Designer I 100.00 Graphics Designer II 100.00 Graphics Designer 1 95.00 CAD Technician III 95.00 CAD Technician 11 85.00 CAD Technician 1 70.00 LANDSCAPE ARCHITECTURE Sr. Landscape Architect $180.00 Sr. Landscape Architect II 120.00 Landscape Architect I 100.00 ADMINISTRATIVE SERVICES Senior Administrator II $135.00 Senior Administrator I 115.00 Senior Administrative Assistant III 95.00 Senior Administrative Assistant II 85.00 Senior Administrative Assistant I 80.00 Administrative Assistant III 75.00 Administrative Assistant II 65.00 Administrative Assistant I / Clerk 60.00 Non -Prevailing Wage Prevailing Wage Rate - Overtime will be charged at 1.25 times and Sundays and holidays will be charged at 1.70 times the above rates. EXPENSES AND OUTSIDE SERVICES Identifiable non -salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage, postage, etc., are billed at actual cost plus 10 percent 10 cover overhead, administration, and insurance costs Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Computer Aided Drafting, hydrologic water, sewer and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. If applicable, a vehicle allowance of $8.00 per hour will be charged for the use of a company vehicle assigned to an inspector. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business. C:\Users119244\Desktop\CP 2014 Standard Rate Sheet -San Diego. dots RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ATKINS NORTH AMERICA, INC., FOR A NOT -TO -EXCEED AMOUNT OF $500,000, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROJECTS, INCLUDING BUT NOT LIMITED TO, SEWER SYSTEM MANAGEMENT, PREPARATION OF SEWER USER RATE STUDIES AND ANNUAL TAX ROLL BILLING, CIVIL ENGINEERING, AMERICANS WITH DISABILITY ACT / UNIVERSAL DESIGN, AND COMMUNITY OUTREACH WHEREAS, National City's current 5-Year Capital Improvement Projects ("CIP") is projected to deliver over $60 Million in major public improvements, such as corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low Impact Development ("LID") measures for treatment of urban runoff; Americans with Disabilities Act enhancements; park amenities; mechanical, electrical and air conditioning ("HVAC") upgrades to City -owned buildings; and affordable housing projects, including infill transit -oriented development; and WHEREAS, in order to design, manage, and deliver these projects on schedule and within budget, the Department of Engineering and Public Works advertised a Request for Qualifications ("RFQ") for various engineering and construction support services on January 27, 2014, and received approximately 70 Statement of Qualifications ("SOQs") from various firms; and WHEREAS, based on the strength of their SOQ and interview, staff recommends executing an agreement with Atkins North America, Inc., for the not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability Act / Universal Design, and community outreach. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Atkins North America, Inc., for a not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability / Universal Design, and community outreach. The Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Randall Lamb Associates, Inc. for a not -to -exceed amount of $500,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, Mechanical, Electrical, Plumbing (MEP) Engineering, clean energy solutions, building commissioning, air barrier auditing and testing, and sustainable design PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS Funded through various CIPs, on an as -needed basis DEPARTMENT: Engineering & Public Works APPROVED BY: .4/'Z2 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 4q,E(,r,_• Finance STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year Capital Improvement Program (CIP) is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban runoff; Americans with Disabilities Act (ADA) enhancements; park amenities; mechanical, electrical and heating, ventilation, and air conditioning (HVAC) upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT). The RFQ was advertised on the City's Website, published in the Daily Transcript, and e-mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected several firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Randall Lamb Associates, Inc., for a not -to - exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, Mechanical, Electrical, Plumbing (MEP) Engineering, clean energy solutions, building commissioning, air barrier auditing and testing, and sustainable design. See Exhibit "A" for general scope of work and Exhibit "B" for fee schedule. Randall Lamb Associates is certified as a Small Business Enterprise (SBE). A copy of the SOQ submitted by Randall Lamb Associates is available for review in the Office of the City Engineer. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RANDALL LAMB ASSOCIATES, INC. THIS AGREEMENT is entered into this 19th day of August, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Randall Lamb Associates, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a Mechanical, Electrical, Plumbing (MEP) Engineering firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. F,NGAGFMF,NT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. $COPF. OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, Mechanical, Electrical, Plumbing (MEP) Engineering, clean energy solutions, building commissioning, air barrier auditing and testing, and sustainable design. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 1 Randall Lamb Associates On -Cell Agreement, August 2014 -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the Project Coordinator. The CONSULTANT shall appear at meetings as required by the Project Coordinator to keep stair and City Council advised of the progress on projects. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDIINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Gary A. Eastley, P.E., thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and materials, consistent with Exhibit "B". The total cost for services described in Exhibit "A" shall not exceed $500,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. AcCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. 2 Randall Lamb Associates On -Call Agreement, August 2014 -2- The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. FFFECTIVF, DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 19, 2014. The duration of this Agreement is for the period of August 19, 2014 through August 18, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through August 18, 2017. 7. DISPOSITION ANT) OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. JNDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement 3 Randall Lamb Associates On -Call Agreement, August 2014 -3- nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROT,. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITIJ APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the tern of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARP,. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto, C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all 4 Randall Lamb Associates On -Call Agreement, August 2014 -4- products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. PION -DISCRIMINATION PROVISIONS,. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION, The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation, The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. JNDFMNIFTCATtON ANI) VOI,I) HARMLESS The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable 5 Randall Lamb Associates On -Call Agreement, August 2014 -5- attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTS negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 6 Randall Lamb Associates On -Call Agreement, August 2014 -6- 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. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. J,F,GAI, FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the 7 Randal] Lamb Associates On -Call Agreement, August 2014 -7- parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. 'TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 Randall Lamb Associates On -Call Agreement, August 2014 -8- To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Gary A. Eastley, P.E., LEED AP Principal Randall Lamb Associates, Inc. 4757 Palm Avenue La Mesa, CA 91942 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 9 Randall Lamb Associates On -Call Agreement, August 2014 -9- 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 I 0 Randall Lamb Associates On -Call Agreement, August 20/4 -10- opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY RANDALL LAMB ASSOCIATES, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney Aaron Princ 11 Randall Lamb Associates On -Call Agreement, August 2014 -11- EXHIBIT "A" RANDALL LAMB 4757 Palm Avenue, La Mesa, CA 91942-9252 (619) 713-5700 PHI (619) 713-5701 PAX www.Randalllarnb.com Integrated Services - MEP Engineering 1 Technical Services I Building Science.) Building Commissioning I Clean Energy Solutions Energy Services SAN DIEGO J SAN FRANCISCO February 24, 2014 Stephen Manganiello, Director of Public Works/City Engineer City of National City, Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 Subject: Request for Qualifications; On -Call Project Support Services for National City's Capital Improvement Program (CIP) Dear Mr. Manganiello, As one of the most established engineering firms in San Diego with a 40 year history, and a part of the community since 1974, we have had the privilege of working with exceptional clients. Our passion for finding new ways to help our clients has resulted in an ever-increasing offering of Integrated Services including MEP Engineering, Technical Services, Clean Energy Solutions as well as our Building Sciences and Building Commissioning divisions that provide project commissioning and air barrier auditing and testing. These services enrich the quality of our responsiveness and reflect the ongoing challenges the building industry faces. We have had the opportunity to work with many public agencies over the years, and are confident that we would be an asset to National City's Dept. of Engineering and Public Works to deliver the necessary upgrades. We have performed capita] improvement projects for clients that include the City of San Marcos, City of Temecula, City of La Mesa, City of Solana Beach, County of San Diego as well as the San Diego Unified Port District. Based on the City of National City's CIP, our breadth of MEP experience with the various projects types anticipated for completion is vast, including engineering infrastructure, agency facilities and data centers, recreational centers, streetscape improvements and multi -family housing projects. In addition, we offer commissioning and air barrier auditing and testing services. Air barriers are becoming mandatory July 1, 2014 for commercial buildings, and we are unique in providing that coverage in San Diego County. Further information is enclosed. Providing excellent client service is our mission and the reason why we enjoy a high repeat client base. We pride ourselves in offering solid engineering combined with a collaborative spirit on all of our projects, no matter what the delivery method or size of the project. We have a well -organized, thorough, and proactive project approach to each and every project. We are eager to join the City of National City in its quest to efficiently update its city for its bright future. Sincerely, Gary A. Eastley Principal -in -Charge (619) 713.5700 x 213 Enclosures -12- EXHIBIT "B" RANDALL LAMB BILLING RATE SCHEDULE - 2014 MECHANICAL, ELECTRICAL & PLUMBING ENGINEERING Principal $225.00/hour Project Manager $175.00/hour Senior Engineer $150.00/hour Project Designer $150.00/hour Engineer $125.00/hour Senior Designer $725.00/hour Designer $100.00/hour CAD Drafter $75.00/hour Administrative $65.00/hour Travel time at the client's request will be charged at the hourly rates specified above. The maximum travel time charge per day will be eight hours. Reimbursable expenses will be billed at their direct costs plus 10%. Reimbursable expenses include reproduction of drawings and specifications, outside consultants, equipment rental, testing services and other contracted services. Reimbursable automobile mileage will be billed at $0.565 per mile. This rate schedule is effective for the duration of the On -Call Project Support Services for National City's Capital Improvement Program (CEP). -13- RANDALL LAMB BILLING RATE SCHEDULE - 2014 COMMISSIONING & AIR BARRIER SERVICES Principal $225.00/hour Commissioning Agent $175.00/hour Air Barrier Auditor $175.00/hour Commissioning Technician $I00.00/hour Air Barrier Technician $ I00.00/hour Administrative $65.00/hour Travel time at the client's request will be charged at the hourly rates specified above. The maximum travel time charge per day will be eight hours. Reimbursable expenses will be billed at their direct costs plus 10%. Reimbursable expenses include reproduction of drawings and specifications, outside consultants, equipment rental, testing services and other contracted services. Reimbursable automobile mileage will be billed at $0.565 per mile. This rate schedule is effective for the duration of the On -Call Project Support Services for National City's Capital Improvement Program (CIP). Page A-1 -14- RANDALL LAMB 4757 Palm Avenue, La Mesa. CA 91942-9252 (619) 713-5700 pH: (619) 713-5701 FAX WwW,pandnlfLamb.COm Integrated Services MEP Engineering Technical Services Building Sciences (Building Commissioning Clean Energy Solutions Energy Services SAN DPGO.. SAJ9 FRA74C'1Si'O Project: Job No: Purpose: Employee: Charge Status: PROJECT EXPENSE FORM • Date: O Reimbursable Expense - Invoice Client El Non -Reimbursable Expense - Invoice to Project COPYING SERVICES Type/Size Quantity Rate/Plot Charge Bond (11"x17") $1.62 $0.00 Bond (15"x21") $2.74 $0.00 Bond (15"x22.5") 52.93 $0.00 Bond (18"x24") 53.75 $0.00 Bond (22"x34") $6.49 $0.00 Bond (24"x36") $7.50 $0.00 Bond (30"x42") $10.94 $0.00 Bond (30"x45") $11.72 $0.00 Bond (36"x48") $15.00 $0.00 CD Disc/Burn $25.00 $0.00 Bindery $0.00 $0.00 PHOTOCOPYING SERVICES Size Quantity Rate/Copy Charge 8.5"x 11" (COLOR) 50.14 $0.00 8.5'x 14" (COLOR) 50.29 $0.00 11'x 17' (COLOR) $0.29 $0.00 8.5"x 11" (B&W) $0.02 $0.00 8.5"x 14" (B&W) $0.04 $0.00 11"x 17" (B&W) 50.04 $0.00 MISCELLANEOUS SERVICES Description Quantity Rate Charge 72 Hr. Elect. Metering $750.00 $0.00 30 Day Elect. Metering $1,500.00 $0.00 Local Delivery $0.00 $0.00 Mileage $0.55 $0.00 Total Charge This Ticket: $0.00 -15- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RANDALL LAMB ASSOCIATES, INC., FOR A NOT -TO -EXCEED AMOUNT OF $500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROJECTS, INCLUDING, BUT NOT LIMITED TO, MECHANICAL, ELECTRICAL, PLUMBING (MEP) ENGINEERING, CLEAN ENERGY SOLUTIONS, BUILDING COMMISSIONING, AIR BARRIER AUDITING AND TESTING, AND SUSTAINABLE DESIGN WHEREAS, National City's current 5-Year Capital Improvement Projects ("CIP") is projected to deliver over $60 million in major public improvements, such as corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low Impact Development ("LID") measures for treatment of urban runoff; Americans with Disabilities Act enhancements; park amenities; mechanical, electrical and air conditioning ("HVAC") upgrades to City -owned buildings; and affordable housing projects, including infill transit -oriented development; and WHEREAS, in order to design, manage, and deliver these projects on schedule and within budget, the Department of Engineering and Public Works advertised a Request for Qualifications ("RFQ") for various engineering and construction support services on January 27, 2014, and received approximately 70 Statement of Qualifications ("SOQs") from various firms; and WHEREAS, based on the strength of their SOQ and interview, staff recommends executing an agreement with Randall Lamb Associates, Inc., for the not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, Mechanical, Electrical, Plumbing (MEP) Engineering, clean energy solutions, building commissioning, air barrier auditing and testing, and sustainable design. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Randall Lamb Associates, Inc., for a not -to -exceed amount of $500,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, Mechanical, Electrical, Plumbing (MEP) Engineering, clean energy solutions, building commissioning, air barrier auditing and testing, and sustainable design. The Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 8 1EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of 2204 Granger Avenue (TSC 2014-10) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage in front of 2204 Granger Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 11, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of 2204 Granger Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on June 11, 2014 (TSC 2014-10) 3. Resolution EXPLANATION Ms. Georgia Wapnowski, resident of 2204 Granger Avenue, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the west side of Granger Avenue midblock between East 20th Street and East 24th Street, across from Granger Junior High School. Ms. Wapnowski possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger due to a steep driveway slope and narrow garage port. At their meeting on June 11, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install blue curb handicap parking space with signage in front of 2204 Granger Avenue. If approved by City Council, all work will be performed by City Public Works. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 11, 2014 ITEM TITLE: 4 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 2204 GRANGER AVENUE (BY G. WAPNOWSKI) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Georgia Wapnowski, resident of 2204 Granger Avenue, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the west side of Granger Avenue midblock between East 20'h Street and East 24t Street, across from Granger Junior High School. Ms. Wapnowski possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger due to a steep driveway slope and narrow garage port. Currently, there are no on -street handicap parking spaces provided nearby Ms. Vasquez's residence. As a result, Ms. Wapnowski's request is eligible for further consideration. Based on the site evaluation, staff has determined that accessible parking is not available on the property. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Per the City Council Disabled Persons Parking Policy, Ms. Wapnowski's request is eligible for further consideration. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this 'Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 2204 Granger Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2014-10 -2- Georgia Wapnowsld 2204 Granger Avenue National City, CA 91950 619-470-7942 619-994-0005 May 20, 2014 Mr. T. Mangianello Planning Department City of National City 1243 National City Boulevard National City, CA 91950 Re: Disabled Parking Dear Mr. Mangianello • Kt��i'VtD ENGINEERING DEPT. 16i�1'Nkl 22 A t To begin, please excuse me if I have misspelled your last name. Trying to rely on memory at my age can be risky. I was the former Principal's Secretary at Sweetwater High until June, 2011. A little over a year ago, you were chatting with us about possibly making Granger a one- way street. You also suggested that because of my knee replacements, that you would be happy to paint a disabled area in front of our home to help accommodate us. I was on a temporary disabled placard at that time. I am now with a permanent disabled placard as I have difficulty, at times, walking Mr. Hernandez (Fernandez?) stated that I needed to write a letter and send copies of my placard and my permit. Both are attached to this letter, Parking around here can be pretty difficult; not only with school parents/staff - the Samahan Clinic is very busy during their hours of operation. If we go anywhere and return home we have to, many times, park down the street. Grocery buying has to be timed when school is out of session and I don't like to go out when it is dark, alone. Please accommodate us. Thank you in advance for your consideration. Sincerely, -3- ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2015 ***DISABLED PERSON PLACARD*** PLACARD NUMBER: G276622 PIC: 1 TV: 91 WAPNOWSKI GEORGIA ANN 2204 GRANGER AVE DATE ISSUED: MO/YR: DT FEES RECVD: 08/05/13 UV 08/05/13 AMT DUE : NONE AMT RECVD - CASH : NATIONAL CITY - CHCK CA 91950 - CRDT : CO: 37 E10 C64 5F 0000000 0001 CS E10 080513 N1 G276622 DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS._.IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD OWNER.`PRESENT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV BY'PHONE OR MAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FROM T.HEREAR.VIEW MIRROR. REMOVE IT WHEN DRIVING. PLACARD#: EXPIRES: DOB: ISSUED: TYPE: G276622 PLACARD HOLDER: WAPNOWSKI GEORGIA ANN 06/30/2015 2204 GRANGER AVE 08/03/1946 08/05/13 N1 NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-SERVICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLY.DISPLAYED,:YOU MAY PARK IN/ON: *DISABLED PERSON PARKING SPACES (BLUE ZONES) *STREET METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT._RESTRICTIONS:.TO TIME LIMITS *STREET WHERE PREFERENTIAL PARKING PRIVILEGES..ARE GIVEN'TO,RESIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *RED.ZONES *TOW AWAY ZONES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATCH'. LINES NEXT TO DISABLED PERSON PARKING SPACES. IT IS CONSIDERED MISUSE: *TO ,DISPLAY :APLACARD UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DISPLAY A PLACARD WHICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO ANYONE, INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION OR REVOCATION, OF THE PLACARD. LOSS OF PARKING PRIVILEGES. AND/OR FINES. -4- "WARNING; 11-toiIIe u o parkioy pcu CCUILI result n rnaximoni fine of $4,2011,' 6 276622 ,t,oRcHASE Of': FUEL P!olcsr,ron,:., Cock, I 3C,,C0 Location Map Proposed Blue Curb Disabled Parking per TSC 2014-10 Location of Proposed Blue Curb and Signage for 2204 Granger Avenue (looking west) Location of Proposed Blue Curb and Signage for 2204 Granger Avenue (looking south) -7- DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. -8- 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. -9- (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha: p -10- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 2204 GRANGER AVENUE WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 2204 Granger Avenue, located on the west side of Granger Avenue midblock between East 20th Street and East 241h Street, across from Granger Junior High School; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space and recommends the installation of a blue curb handicap parking space with signage in front of the residence at 2204 Granger Avenue; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its June 11, 2014 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with signage in front of the residence at 2204 Granger Avenue, which is located on the west side of Granger Avenue, midblock between East 20th Street and East 24th Street, across from Granger Junior High School. PASSED and ADOPTED this 19th day of August, 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 "FETING DATE: August 19, 2014 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage adjacent to the corner lot residence at 641 "C" Avenue (TSC 2014-09) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage adjacent to the residence at 641 "C" Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 11, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage adjacent to the residence at 641 "C" Avenue. rTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on June 11, 2014 (TSC 2014-09) 3. Resolution EXPLANATION Mr. Benjamin Cazares, resident of 641 "C" Avenue, has requested a blue curb handicap parking space in front of his residence due to physical limitations. The residence is located on the northeast corner of East 7th Street and "C" Avenue. Mr. Cazares possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have a driveway or garage to accommodate a vehicle. Currently, there is on -street disabled parking spaces provided at 319 East 7th Street (one space). Per the City Council Disabled Persons Parking Policy, since the total number of on -street handicap parking spaces (including the proposed handicap parking space in front of 319 "C" Avenue) does not exceed 3% of the total number of available on -street parking spaces in the area, Mr. Cazares's request is eligible for further consideration. At their meeting on June 11, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install blue curb handicap parking space with signage adjacent to the corner lot residence at 641 "C" Avenue. If approved by City Council, all work will be performed by City Public Works. 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 11, 2014 ITEM TITLE: ITEM NO. 2014-09 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE AT 641 "C" AVENUE (BY B. CAZARES) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Benjamin Cazares, resident of 641 "C" Avenue, has requested a blue curb handicap parking space in front of his residence due to physical limitations. The residence is located on the northeast corner of East 7th Street and "C" Avenue. Mr. Cazares possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have a driveway or garage to accommodate a vehicle. Currently, there is on -street disabled parking spaces provided at 319 East 7th Street (one space). Per the City Council Disabled Persons Parking Policy, since the total number of on -street handicap parking spaces (including the proposed handicap parking space in front of 319 "C" Avenue) does not exceed 3% of the total number of available on -street parking spaces in the area, Mr. Cazares's request is eligible for further consideration. Based on the site evaluation, staff has determined that accessible parking is not available on the property. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Per the City Council Disabled Persons Parking Policy, Mr. Cazarez's request is eligible for further consideration. -1- It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 641 "C" Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2014-09 -2- L .71 - • ENSILELRI, 3 DEPT. 1 .-1/1-)Z„ _Ad /1- -51-61))4cL / 41* 1Y4 A IV, 1-4-12 7PJeLi C. 47, !V-- C- "47711/4[4 L. aiiiive.-.4.,54:710g if4/15'.!0 /1/41 /61A-x..14 e Gre:311 • WO 6./ 4i1,-.52/1,461?$ .7-101 lif0A-4114:1.1-Y.A4- et-4e. Al. 11. 1) A/ 7141 r, (ntoPit_rm 6w sr .4 ,612- 70, 4445. S aP/e-7-0-11/ I Acaes:777.0. oVi 4 9 2,14. Mi> .-15>/t 4W7z 44 E dAI1V.C. -/e c 6414 cjJ tev-A/ .4-7-7.0. .444.7704 7-2? All .`-*4- A9)z /20.e4PA-.1/ 77,4742-. 5AlAti6n/ -4.6n.he Ai / gFrtg-A/ nt P. KT:A..41-g .292,4/ 4"/67._. ce /e vz) 7-41-e4G- iv/ //,t/o ir 6r- 1701 .4:A/ ffAl/ 7-c44-0 c.,47-7/q1(...4, 5(0o EicTs e.0 //141-47t 0/V44-- 07 AP "1- 151fip XgrAteLs 4/ ft f) 14AR 214 P T2: Ob -3- p 1 4 �'xdd ('-,7sl vo/rad S, 1 - pi r,4 „: �.. 411' too: DEPARTMENT OF MOTOR VEHICLES PLACARD NUMBER: J082745 1 TYPE: N 1 TV: 92 DOB: 01/19/1931 ISSUED TO CAZARES BENJAMIN PIERCE 641 C AVE NATIONAL CITY CA 91950 DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT EXPIRES: 06/30/2015 DATE ISSUED: 03/21/2013 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard Is properly displayed, CO: 37 you may park In or on: Disabled person parking spaces (blue zones) Street metered zones without paying. Purchase of fuel (Business & Professions Code 1340): State law requires service stations to refuel a disabled person's vehicle at self-service rates except self-service facilities with only one cashier. Green zones without restrictions to time limits. Streets where preferential parking privileges are given to residents and merchants. You may not park In or on: Red, Yellow, White or Tow Away Zones. Crosshatch marked spaces next to disabled person parking spaces. It Is considered misuse to: Display a placard unless the disabled owner is being transported. Display a placard which has been cancelled or revoked. Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. PARKING PLACARD ca w OIL DPP000 FwW101 -5- Location Map Existing Blue Curb Disabled Parking at 319 East 7th Street Location of Proposed Blue Curb and Signage for 641 "C" Avenue on E 7th Street adjacent to power pole (looking northeast) -7- DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. -8- 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not theintention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. -9- (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p -10- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN ADJACENT TO THE CORNER LOT RESIDENCE LOCATED AT 641 "C" AVENUE WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of his home at 641 "C" Avenue, which is on the northeast corner of East 7th Street and "C" Avenue; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space and recommends the installation of a blue curb parking handicap space with signage adjacent to the corner lot residence at 641 "C" Avenue; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its June 11, 2014 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with signage adjacent to the corner lot residence located at 641 "C" Avenue. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 10 'ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $53,948.00 to Innovative Mechanical Systems, Inc. for the Civic Facilities Air Conditioning Replacement Project, Specification No. 14-03; 2) authorizing a 15% contingency in the amount of $8,092.20 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering APPROVED BY: APPROVED:-°C"C'zzl APPROVED: MIS Funds are available in the following accounts: 001-409-500-598-1591 (City Hall) $21,080 001-409-500-598-1607 (MLK) $32,868 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A •ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. LowLBid Summary 4. Resolution EXPLANATION The project consists of replacing one air cooled condenser unit at the Civic Center Building and two, 7.5-ton rooftop heat pump units with economizers at the Martin Luther King Jr Community Center. In May 2014, the bid solicitation was advertised in local newspapers and posted on the City's website. On June 10, 2014, three sealed bids were received by the deadline, opened and publically disclosed. Innovative Mechanical Systems, Inc. was the apparent low bidder with a total bid amount of $53,948.00. Upon review of all documents submitted and reference checks, Innovative Mechanical 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 summary of the low bid from Innovative Mechanical Systems. Staff recommends the following: 1) award a contract in the not to exceed amount of $53,948.00 to Innovative Mechanical Systems, Inc. for the Civic Facilities Air Conditioning Replacement Project, Specification No. 14-03; 2) authorize a 15% contingency in the amount of $8,092.20 for any unforeseen changes; and 3) authorize the Mayor to execute the contract. BID OPENING SPECIFICATION NUMBER: 14-03 PROJECT TITLE: CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT TIME: 3:30 P.M. DATE: TUESDAY, JUNE 10, 2014 ESTIMATE: BASE BID: $25,000 City Hall and $28,000 Martin Luther King Jr. Community PROJECT ENGINEER: STEPHEN MANGANIELLO NO. BIDDER'S NAME (PAGE ) BID TOTAL AMOUNT (PAGE ) ADDENDA (PAGE ) BID SECURITY (PAGE BOND) 1. INNOVATIVE MECHANICAL SYSTEMS, INC. 10815 WHEATLANDS AVENUE, SUITE K S53,948.00 1,2,3 YES 2. SOUTHCOAST HEATING 2373 LAMIRADA DRIVE $54,875.00 1,2,3 YES 3. AIR TEMPERATURE SPECIALIST, CORP. 26023 JEFFERSON AVENUE, SUITE B MURRIETA, CA 92562 S58,320.81 1,2,3 YES -1- CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT, CIP NO. 14-03 ', 6 1SE B CITY HALI y, kR, Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $ 2,000.00 $ 2,000.00 2 Replace air condenser unit LS 1 $ 13,200.00 $ 13,200.00 3 Bonding LS 1 $ 380.00 $ 380.00 4 Field orders $ 5,000.00 $ 5,000.00 5 Permit fees $ 500.00 $ 500.00 City Hall Base Bid Total $ 21,080.00 BASE BID - MARTIN LUTHER KING JR. BLDG. Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $ 2,000.00 $ 2,000.00 2 Replace two (2) 7.5 ton HVAC units LS 1 $ 24,718.00 $ 24,718.00 3 Bonding LS 1 $ 650.00 $ 650.00 4 Field orders $ 5,000.00 $ 5,000.00 5 Permit fees $ 500.00 $ 500.00 MLK Bldg Base Bid Total $ 32,868.00 Total of Base Bid Amounts (City Hall + MLK Base Bids) $ 53,948.00 -2- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INNOVATIVE MECHANICAL SYSTEMS, INC., IN THE NOT TO EXCEED AMOUNT OF $53,948.00 FOR THE CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $8,092.20 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering/Public Works Services Department, in open session on June 10, 2014, did publicly open, examine, and declare three (3) sealed bids for the Civic Facilities Air Conditioning Replacement Project (the "Project"); and WHEREAS, Innovative Mechanical Systems, Inc., was the lowest responsive bidder with a proposed bid amount of $53,948.00; and WHEREAS, a 15% contingency amount up to $8,092.20 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 Civic Facilities Air Conditioning Replacement Project to the lowest responsive, responsible bidder, to wit: INNOVATIVE MECHANICAL SYSTEMS, INC. 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 $53,948.00 with Innovative Mechanical Systems, Inc., for the Civic Facilities Air Conditioning 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 $8,092.20 for unforeseen changes to the Project. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of National City ratifying the acceptance of a $15,000 grant from the California Library Literacy Services (CLLS) to fund the Library's literacy services for FY2014-15; and authorizing the establishment of fund appropriations and a corresponding revenue budget. PREPARED BY: G. Olivares PHONE: 470-5800 EXPLANATION: DEPARTMENT: Libra APPROVED BY: The California Library Literacy Services (CLSS) grant is awarded to the National City Public Library by the California State Library to support its adult literacy program for FY2014-15: CLLS funding formula consists of three parts: 1. A baseline amount to support a minimum level of local literacy staffing and services. 2. A per capita amount per adult learner served in the previous year; and 3. A match on local funds earmarked and expended for adult literacy services. At this time, the CLLS grant is providing a baseline amount of $15,000. The remainder of the award will be determined by applying the other two parts of the formula to the last fiscal year 2013-14 actual service statistics and financial data to be submitted to the State Library in a final report at a later date. FINANCIAL STATEMENT: ACCOUNT NO. 320-418-339 320-31339-3463 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 144�Clc,�gc Finance APPROVED: MIS STAFF RECOMMENDATION: Approval recommended BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on August 11, 2014 ATTACHMENTS: I . Award Letter 2. Resolution Can efill!( STATE 'L1 BRARY PRI)tRY1N4 OUR 7I IRITAI:t $MATING OUR FIItc'0.1 July 18, 2014 Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950 Dear Ms. Duong: We're happy to tell you your California Library Literacy Services program will receive funding for the 2014-2015 fiscal year. It's an honor to support the important work you, your staff and volunteers do in your community. The library's funding formula consists of three parts: 1. A baseline amount for each of your approved literacy program components so that each library has enough funds to provide a minimum level of local literacy staffing and services. 2. Aper capita amount per adult learner served in the previous year, and. 3. A match on local funds raised and expended for adult literacy services— reflecting a commitment to a continuing state/local partnership, and providing an incentive for increased local support for adult literacy. As you may have heard, the Legislature and the govemor included an additional $1 million in the budget for our library literacy programs for the fiscal year that began July 1. However, this is a one- time only augmentation. Therefore, you may see a "bump" in your award for this year, starting with a $15,000 baseline instead of the usual $10,000. Without a similar augmentation in the budget next year, funding will fall back to 2013-2014 levels. It's your reporting of the successes you've achieved with these additional funds that help build a case for continuing a higher level of state financial commitment. At this time, we're providing the $15,000 baseline amount for your program. The remainder of your literacy program award will be determined and then forwarded in the fall after applying service statistics and financial data from the final report closing out the last fiscal year and which is to be submitted later this summer. We'll begin the payment process as soon as we receive your signed Claim Form (attached). A check should arrive no later than six weeks after submitting your claim form While we at the library process your claim forms within several days of receipt, we're currently required to then forward the claims to the Department of General Services. After their review, the department then gives the information to the State Controller's Office, which by law has up to 10 working days to cut a check s1YR1� +4-%�dY.KY�ht 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 947817 Sacramento, CA 94237-0001 900 N Street, 4th Floor, Sacramento, CA 95814 National City Public Library Page 2 To be more responsive to you and other State Library partners, we're seeking approval to handle our own accounting, which should significantly shorten this process in the 2015-2016 fiscal year. Thanks for your understanding. Direct additional questions -to: Carla Lehn at (916) 653-7743 or clehn®library.ca.gov. Thank you again for your willingness to do so much for so many people in need. Respe Greg L State Li . of California cc: lissa Solis, Literacy Coordinator (melissa.solis@ nationalcityllbrary.org) File Enc.: Claim Form 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 94,1137 Sacramento, CA 94237-0001 900 N Street, 4th Floor, Sacramento, CA 95814 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $15,000 GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICES TO FUND THE NATIONAL CITY PUBLIC LIBRARY'S LITERACY SERVICES FOR FISCAL YEAR 2014-2015, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, on July 18, 2014, the National City Public Library (the "Library") was awarded a California Literacy Services ("CLLS") literacy award for Fiscal Year 2014-2015 in the amount of $15,000, which will be used to fund the Library's literacy services; and WHEREAS, the Library Board of Trustees approved the grant award acceptance on August 11, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby ratify the acceptance of the California Library Literacy Services award grant for Fiscal Year 2014-2015 in the amount of $15,000 to fund the National City Public Library's literacy services for Fiscal Year 2014-2015. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 12 ITEM TITLE: Warrant Register #3 for the period of 7/09/14 through 7/15/14 in the amount of $1,435,919.82. (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, through 7/15/14. DEPARTMENT: Financ APPROVED BY: 1, K-ez , attached are the warrants issued for the period of 7/09/14 Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor CSAC Excess Insurance Dixieline Builders EC Constructors Health Net Ins Kaiser Foundation Pal General Engineering Project Professionals Check/Wire 313237 313244 313248 313258 313261 313279 313284 Amount 136,516.00 51,925.00 238,009.08 59,318.55 172,664.88 369,846.16 62,187.79 Explanation Excess WC Insurance Services / 2508 Seawind Drive Aquatic Center Ins R1192A —July 2014 Ins Active 104220-0002 July 2014 Community Corridor 8th Street Safety Enhancement FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,435,919.82. APPROVED: (-�f4 1 Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,435,919.82. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: Warrant Register #3 PAYEE SOTELO SOLIS, A PENNY SAVER A REASON TO SURVIVE ACE UNIFORMS & ACCESSORIES INC ADAMSON POLICE PRODUCTS AFLAC ALDEMCO ALL FRESH PRODUCTS AMEDEE, W AQCS ENVIRONMENTAL ARENSON OFFICE FURNITURE AT&T MCI AT&T MOBILITY ATKINS NORTH AMERICA INC BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW -7VERIDGE, M 4CK & VEATCH C/O BENNETT J BPI PLUMBING CAPF CALIFORNIA LAW ENFORCEMENT CALIFORNIA POLICE CHIEFS CALIFORNIA RESERVE PEACE CALIFORNIA RESERVE PEACE CESENA, R CHRISTENSEN & SPATH LLP CHRISTENSEN & SPATH LLP CHRISTENSEN & SPATH LLP CHRISTENSEN & SPATH LLP CITY OF NATIONAL CITY COSTAR REALTY INFORMATION COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY CV VENTURES LLC DALEY & HEFT LLP DATA TICKET INC DELTA DENTAL DELTA DENTAL INSURANCE CO IISCOUNT SPECIALTY CHEMICALS ''ELINE BUILDERS .AAX ENGINEERING DTSC ACCOUNTING UNIT DURON, C EC CONSTRUCTORS INC ENVIRONMENTAL H S LABORATORIES N WARRANT REGISTER # 3 7/15/2014 DESCRIPTION REIMB L.A. NAT COUNCIL LA RAZA CONFERENCE STATE OF THE CITY AD WEEK 7/16/2014 PROJECT MANAGEMENT, DESIGN & FABRICATION CHAMELEON SOFT SHELL BLACK LEVEL IIIA BALLISTIC VEST AFLAC ACCT BDM36 - JULY 2014 FOOD / NUTRITION FOOD FOR NUTRITION CENTER TRAVEL EXPENSE GEN.CONSULT WILSON JUNE 2014 BOSS EXECUTIVE SWIVEL AT&T PHONE SVC 5/13/14 - 6/12/14 AT&T PHONE SVC 5/06/14 - 6/05/14 TAX ROLL PREPARATION COMMUNITY YOUTH ATHLETIC CENTER LIABILITY CLAIM COSTS REGIONAL PERMIT PETITION ED REIMBURSEMENT REFUND OF PERMIT FEES MUSIC PERORMANCE AGREEMENT CITY-WIDE PLUMBING SERVICE & REPAIRS FIRE LTD - JULY 2014 PD LTD - JULY 2014 MEMBERSHIP DUES / POLICE TUITION: 2014 ARPOC CONFERENCE LEGAL SUPPORT AND MEMBERSHIP REFUND: BUSINESS LICENSE FEE PROFESSIONAL LEGAL SERVICES LEGAL SERVICES LEGAL SERVICES PROFESSIONAL SERVICES BOILER INSPECTION PROFESSIONAL SERVICES PERMIT FEES - HAZARDOUS MATERIALS RCS SYSTEM MAINTENANCE COX COMMUNICATIONS DATA FY14 EXCESS WC INSURANCE SETTLEMENT TO CV VENTURES LIABILITY CLAIM COSTS DATA TICKET DMV REMOVALS 2014 DENTAL INS PREMIER - JULY 2014 PM! DENTAL INS JULY 2014 KLEEN OUT DRAIN OPENER PROFESSIONAL SERVICES NC STORM WATER 2013-14 N C PUBLIC WORKS YARD ED REIMBURSEMENT AQUATIC CENTER LEAD WIPE 1/3 CHK NO DATE AMOUNT 313103 7/9/14 625.00 313202 7/10/14 657.35 313203 7/15/14 12,646.68 313204 7/15/14 1,901.82 313205 7/15/14 4,741.54 313206 7/15/14 725.16 313207 7/15/14 743.78 313208 7/15/14 194.37 313209 7/15/14 14.56 313210 7/15/14 440.00 313211 7/15/14 278.55 313212 7/15/14 1,680.84 313213 7/15/14 2,252.64 313214 7/15/14 8,919.75 313215 7/15/14 18,367.35 313216 7/15/14 1,893.50 313217 7/15/14 130.00 313218 7/15/14 325.00 313219 7/15/14 2,988.00 313220 7/15/14 591.30 313221 7/15/14 285.00 313222 7/15/14 624.00 313223 7/15/14 1,960.00 313224 7/15/14 1,680.00 313225 7/15/14 1,240.00 313226 7/15/14 540.00 313227 7/15/14 320.00 313228 7/15/14 4,725.00 313229 7/15/14 2,042.50 313230 7/15/14 1,132.40 313231 7/15/14 112.50 313232 7/15/14 325.00 313233 7/15/14 2,868.00 313234 7/15/14 754.00 313235 7/15/14 7,526.00 313236 7/15/14 3,074.66 313237 7/15/14 136,516.00 313238 7/15/14 9,439.93 313239 7/15/14 5,901.28 313240 7/15/14 3,094.65 313241 7/15/14 14, 346.74 313242 7/15/14 2,926.44 313243 7/15/14 384.85 313244 7/15/14 51,925.00 313245 7/15/14 34,417.30 313246 7/15/14 11,324.23 313247 7/15/14 267.53 313248 7/15/14 238,009.08 313249 7/15/14 24.00 PAYEE EXPERIAN FEDEX FIRE ETC HAINES & COMPANY HARRIS & ASSOCIATES INC HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC INDEPENDENT FORENSIC SERVICES JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KANE BALLMER & BERKMAN KONICA MINOLTA LAW OFFICES OF EDWARD Z KOTKIN MAN K-9 INC MARCHANTE, A MARTIN & CHAPMAN MASON'S SAW MEYERS NAVE MILLER, C MORRISON, R NINYO & MOORE NORTH STATE ENVIRONMENTAL OPPER & VARCO LLP PACIFIC TELEMANAGEMENT SERVICE PAL GENERAL ENGINEERING INC PENNY SAVER PERISCOPE HOLDINGS INC POWER PLUS PROFORCE LAW ENFORCEMENT PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RBF CONSULTING SDCLEEAA S D COUNTY DEPUTY CITY CLERKS S D COUNTY SHERIFF'S DEPT SAN DIEGO COUNTY SAN DIEGO COUNTY RECORDER SANDAG SASI SAV-MART PHARMACEUTICALS SDG&E SEAPORT MEAT COMPANY SMART SOURCE OF CA LLC WARRANT REGISTER # 3 7/15/2014 DESCRIPTION CREDIT CHECKS / POLICE TECHNICAL PERSONNEL CHARGES QUICKSTOP FIREFIGHTER MULTI TOOL DIRECTORIES 8TH STREET SMART GROWTH FULL NETWORK 57135A JULY 2014 INS JULY 2014 - N5992F, 57135J INS N5992A JULY 2014 INS R1192A - JULY 2014 SART EXAMS / POLICE CITY-WIDE SECURITY/FIRE ALARM INS ACTIVE GRP # 104220-0002 JUL 2014 RETIREES INS - JULY 2014 RETIREES INS - JULY 2014 HSA INS GRP #104220-005 JULY 2014 LEGAL SERVICES AGREEMENT COPIER EQUIPMENT 5/01/14 - 5/31/14 GENERAL COUNSEL SERVICES MAINTENANCE NARCOTICS TRAINING SUPPLIES: PADFOLIOS AND CART 2014 ELECTION NOMINATION PAPERS MOP#45729 PLANTING MATERIALS LEGAUN C VS SANDOVAL REIMB - BEHAVIOR ANALYSIS STATE OF THE CITY ADDRESS DVD 8TH ST. IMPROVEMENTS HAZARDOUS WASTE REMOVAL LEGAL ED VILLAGE/GENERAL PACIFIC TELEMGT PAYPHONE COMMUNITY CORRIDOR STATE OF THE CITY AD LICENSE RENEWAL EQUIPMENT RENTAL DEF DIRECT IMPACT SPONGE 8TH STREET SAFETY ENHANCEMENT MOP 45742 LAUNDRY SVC - NSD DIRECT AUTHORIZATION ANNUAL BILLING 8TH ST. SAFETY ENHANCEMENT EXPLORER ACADEMY ENROLLMENT 2014 ANNUAL MEMBERSHIP DUES SHERIFF'S RANGE USE TUITION FEE - POLICE MOTORCYCLE PROFESSIONAL SVCS MEMBER AGENCY ASSESSMENTS PROCESSING CHARGES - JULY 2014 MIDAZOLAM FOR PARAMEDICS SDG&E 4/22/14 - 5/21/14 CDC FOOD / NUTRITION CENTER MOP 63845 ENVELOPE IMPRINTS 2/3 CHK NO DATE AMOUNT 313250 7/15/14 30.40 313251 7/15/14 46.50 313252 7/15/14 542.28 313253 7/15/14 871.08 313254 7/15/14 8,534.75 313255 7/15/14 5,153.90 313256 7/15/14 1,528.85 313257 7/15/14 525.07 313258 7/15/14 59,318.55 313259 7/15/14 1,471.00 313260 7/15/14 235.00 313261 7/15/14 172,664.88 313262 7/15/14 18,772.47 313263 7/15/14 10,346.37 313264 7/15/14 2,207.11 313265 7/15/14 90.00 313266 7/15/14 6,572.88 313267 7/15/14 41111 nn 313268 7/15/14 3 313269 7/15/14 2_ 313270 7/15/14 18.90 313271 7/15/14 103.19 313272 7/15/14 6,213.80 313273 7/15/14 537.18 313274 7/15/14 19.99 313275 7/15/14 2,409.00 313276 7/15/14 3,317.35 313277 7/15/14 747.50 313278 7/15/14 228.00 313279 7/15/14 369,846.16 313280 7/15/14 657.35 313281 7/15/14 150.00 313282 7/15/14 195.00 313283 7/15/14 2,934.44 313284 7/15/14 62,187.79 313285 7/15/14 15.02 313286 7/15/14 11.67 313287 7/15/14 3,592.30 313288 7/15/14 5,720.00 313289 7/15/14 45.00 313290 7/15/14 200.00 313291 7/15/14 130.00 313292 7/15/14 12- -- 313293 7/15/14 12,8E 313294 7/15/14 2: 313295 7/15/14 14.05 313296 7/15/14 20.93 313297 7/15/14 2,357.44 313298 7/15/14 75.22 PAYEE SOLANO PRESS BOOKS SOUTH BAY COMMUNITY SERVICES SOUTH COUNTY BUICK GMC SPARKLETTS SPARKLETTS STAPLES ADVANTAGE STINNETT, R SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE CENTRE FOR ORGANIZATION THE LINCOLN NATIONAL LIFE INS TIP OF SAN DIEGO COUNTY TORREY PINES BANK U S BANK U S HEALTHWORKS U S HEALTHWORKS UNION TRIBUNE tS CORPORATION '4 MOBILITY WIRELESS INC _LEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS FLORES, V ZUMAR INDUSTRIES AMAZON BAKER & TAYLOR BRODART CO CHECKPOINT SYSTEMS INC CITY OF NATIONAL CITY JANWAY COMPANY USA INC MIDWEST TAPE SIRSIDYNIX 774271 SMART & FINAL SPRINT STAPLES ADVANTAGE XEROX CORPORATION WARRANT REGISTER # 3 7/15/2014 DESCRIPTION CA LAND USE/PLANNING LAW - 2014 34TH EDI CDBG EXPENSE REIMB - 4TH QTR SPO S ROTOR WATER / MYR WATER / DELIVERY FOR NUTRITION MOP 45704 OFFICE SUPPLIES - FINANCE SUBSISTENCE: DRUG RECOGNITION EXPERT INSTALLATION OF SHORT SIDE FOOD & CONSUMABLES / NUTRITION LIBRARY STRATEGIC PLAN LIFE & AD&D, STD, LTD INS - JULY 2014 VOLUNTEER RESPONSE SVCS ESCROW 209-4 CREDIT CARD PAYMENT - HR MEDICAL SERVICES MEDICAL SERVICES LEGAL NOTICES ADVERTISING KIMBALL MORGAN NUTRITION METROCALL SERVICE MOP#46453 PLUMBING MATERIALS VERIZON CELL SVC MAY 02 - JUN 01 REFUND OF PERMIT FEES HEAVY DUTY ANCHOR BOOKS / LIBRARY BOOKS / LIBRARY BOOKS / LIBRARY RFID'S FOR THE NEW BOOK COLLECTION OUT OF STATE SALES TAX / LIBRARY SET-UP CHARGE DVD'S AS NEEDED FOR FY 2014 LIBRARY'S AUTOMATION MAINTENANCE MOP #45756 - SUPPLIES FOR VOLUNTEER VIDEO CONFERENCING, LONG DISTANCE MOP #45704 - SUPPLIES XEROX BASE CHARGES AND OVERAGES GRAND TOTAL 3/3 CHK NO DATE AMOUNT 313299 7/15/14 115.24 313300 7/15/14 4,513.19 313301 7/15/14 167.50 313302 7/15/14 44.43 313303 7/15/14 37.56 313304 7/15/14 1,444.31 313305 7/15/14 2,161.00 313306 7/15/14 2,656.88 313307 7/15/14 2,667.26 313308 7/15/14 235.00 313309 7/15/14 8,832.32 313310 7/15/14 8,000.00 313311 7/15/14 2,767.01 313312 7/15/14 848.76 313313 7/15/14 300.00 313314 7/15/14 206.00 313315 7/15/14 525.20 313316 7/15/14 3,538.00 313317 7/15/14 788.34 313318 7/15/14 695.17 313319 7/15/14 2.20 313320 7/15/14 3,860.25 313321 7/15/14 1,026.43 313322 7/15/14 3,719.24 313323 7/15/14 4,958.19 313324 7/15/14 1,087.02 313325 7/15/14 828.78 313326 7/15/14 117.15 313327 7/15/14 499.50 313328 7/15/14 131.84 313329 7/15/14 15,532.17 313330 7/15/14 38.07 313332 7/15/14 11.59 313333 7/15/14 428.39 313334 7/15/14 273.66 AfP Total 1,435,919.82 $ 1,435,919,82 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 16ih OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19, 2014 AGENDA ITEM NO. j3 ITEM TITLE: Warrant Register #4 for the period of 7/16/14 through 7/22/14 in the amount of $2,754,788.48. (Finance) PREPARED BY: (K. Apalategui DEPARTMENT: Financ � PHONE: 619-336-4572! APPROVED BY: 71 44: ,a,�; 1'— EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 7/16/14 through 7/22/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount SANPIPA 313885 818,945.00 SANPIPA 313386 109,695.00 The Bank of New York 552558 430,730.00 Public Emp Ret System 7172014 311,581.31 Explanation Excess Liability Insurance WC Claim Costs HUD 108 Series 2003-A Ret Ins Period 6/24/14 — 7/7/14 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,754,788.48. APPROVED: ��%2CFinance 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 $2,754,788.48. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #4 1/2 PAYEE ARCO GASPRO PLUS ACE UNIFORMS & ACCESSORIES INC AIR & BUILDING SCIENCES INC ALEXANDER'S LEGAL SEMINARS AMERICAN TRAFFIC SOLUTIONS INC AT&T MCI AT&T MOBILITY AUSTIN DOORS BJ'S RENTALS CARCAMO, J CHILDREN'S HOSPITAL CITY OF NATIONAL CITY CITY OF SAN DIEGO COOPER'S PLUMBING & HEATING COX COMMUNICATIONS D-MAX ENGINEERING ESGIL CORPORATION FEDEX DNZALEZ, L GINGER i'C SYSTEMS INC HARRIS & ASSOCIATES INC HERNANDEZ, A INNOVATIVE CONSTRUCTION INTERNATIONAL CODE COUNCIL JERAULDS CAR CARE CENTER LANGUAGE LINE SERVICES LIBERTY MFG INC MAN K-9 INC. MINK, M MINK, M BANJOMAN, M NAN MCKAY AND ASSOC INC NAPA AUTO PARTS NATAN & WILLIAM LEISOREK NATIONAL CITY CAR WASH NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER NATIONAL CITY ROTARY CLUB NATIONAL CREDIT REPORTING NETREIT INC OFFICE SOLUTIONS BUSINESS 'ENNY SAVER 'NNY SAVER tRY FORD PRENDELL, E RESTORATION MGMT COMPANY RODRIGUEZ, M ROUSTON, J NAT'�'" 1881 WARRANT REGISTER #4 7/22/2014 DESCRIPTION FUEL FOR CITY FLEET DARK BLUE NAVY SMOCKS / POLICE LIABILITY CLAIM COSTS CIVIL LITIGATION MANUAL REFUND - CITATION NC4140122024 ATT PHONE SERVICE / 5/13/14 - 6/12/14 ATT WIRELESS SERVICE / 6/6/14 - 7/5/14 CITY-WIDE ROLL -UP DOORS SERVICE STATE OF THE CITY LIGHT TOWERS REIMB - GASB UPDATE/TRAINING 2014 CHILD ABUSE EXAMS PETTY CASH REPLENISHMENT - APR 2014 PRETREATMENT PROGRAM PERMIT CITY-WIDE PLUMBING SERVICES AND REPAIRS COX COMMUNICATIONS DATA FY14 T&A#1691 BLUE LINE BLDG INSPECTION RESOURCES AQUATIC CENTER EDUCATIONAL REIMBURSEMENT / PW MOP#65179 SMALL TOOLS GTC SYSTEMS NETWORK SUPPORT FY14 PROFESSIONAL SVCS - T&A #90044 SUBSISTENCE: SHERMAN BLOCK LEADERSHIP FEDERAL AUDIT REVIEW SUBSCRIPTION MOP#72449 AUTOMOTIVE EQUIPMENT LANGUAGE LINE INTERPRETATION REMOVAL OF RANGE LEAD FROM RUBBER BERM MAINTENANCE TRAINING FOR POLICE K-9 2014 MISS NC ALUMNI REUNION / RIOS 2014 MISS NC ALUMNI REUNION / CANO EDUCATIONAL REIMBURSEMENT / PW CD REVISION SERVICE / SEC 8 MOP 45735. SUPPLIES FOR PARKS DEPT REFUND - CITATION NC4140405014 CAR WASHES FOR CITY FLEET FY 2014 MARKETING DISTRICT FEE - MAY 2014 COMMUNITY ENHANCEMENT DUES/MEALS 3/1/14-6/30/14 CREDIT REPORTING / S8 REFUND OF PERMIT FEES 2013-3014 MODEL HR1PT, BLACK ARMLESS PLY SEAT STATE OF THE CITY ADDRESS AD 2014 STATE OF THE CITY ADD 8/6/14 R&M CITY VEHICLES AS NEEDED FOR FISCAL REIMB - GFOA BUDGET ACADEMY LIABILITY CLAIM COSTS REIMB • ANNUAL CONFERENCE LICENSE REIMBURSEMENT CHK NO DATE AMOUNT 313335 7/21/14 39,680.25 313336 7/22/14 178.15 313337 7/22/14 480.00 313338 7/22/14 32.87 313339 7/22/14 70.00 313340 7/22/14 5,851.55 313341 7/22/14 2,220.10 313342 7/22/14 357.50 313343 7/22/14 416.70 313344 7/22/14 102.36 313345 7/22/14 1,441.00 313346 7/22/14 559.82 313347 7/22/14 10,436.00 313348 7/22/14 1,000.00 313349 7/22/14 3,133.76 313350 7/22/14 960.00 313351 7/22/14 581.00 313352 7/22/14 21.25 313353 7/22/14 114.68 313354 7/22/14 306.27 313355 7/22/14 585.00 313356 7/22/14 2,210.00 313357 7/22/14 468.00 313358 7/22/14 4,556.00 313359 7/22/14 225.00 313360 7/22/14 291.72 313361 7/22/14 27.68 313362 7/22/14 3,936.20 313363 7/22/14 800.00 313364 7/22/14 35.00 313365 7/22/14 35.00 313366 7/22/14 515.00 313367 7/22/14 224.00 313368 7/22/14 477.38 313369 7/22/14 30.00 313370 7/22/14 515.00 313371 7/22/14 25,726.68 313372 7/22/14 25,000.00 313373 7/22/14 195.00 313374 7/22/14 51.35 313375 7/22/14 3,088.82 313376 7/22/14 6,782.04 313377 7/22/14 657.35 313378 7/22/14 657.35 313379 7/22/14 525.43 313380 7/22/14 9.88 313381 7/22/14 4,429.55 313382 7/22/14 363.13 313383 7/22/14 225.00 PAYEE SAN DIEGO PET & LAB SUPPLY SANDPIPA SANDPIPA SDG&E SMART SOURCE OF CA LLC SMART SOURCE OF CA LLC SOUTH COUNTY ECONOMIC SOUTHWEST SIGNAL SERVICE STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY THOMSON WEST LINCOLN, T T-MAN TRAFFIC SUPPLY TODD PIPE & SUPPLY LLC U C REGENTS CPER U S BANK UNITED PARCEL SERVICE VA MOBILE TIRE SERVICE VERIZON WIRELESS VISION INTERNET PROVIDERS VISION SERVICE PLAN (CA) WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY YBARRA, A SDCTTC WIRED PAYMENTS THE BANK OF NEW YORK PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 15 7/8/2014 WARRANT REGISTER #4 7/22/2014 DESCRIPTION MOP 45753 K9 FOOD - PD EXCESS LIABILITY INSURANCE WC CLAIM COSTS FACILITIES DIVISION GAS & ELECTRIC MOP 63845 ENVELOPES - FINANCE MOP 63845 BUSINESS CARD IMPRINTS MEMBERSHIP DUES TRAFFIC SIGNAL & STREET LIGHTING WILSON & HOOVER FIBER O. COPY PAPER FOR WAREHOUSE MOP 61744 MISC SUPPLIES - MIS PARKS DIVISION WATER FY 2014 ON LINE LEGAL RESEARCH FY14 REFUND - CITATION NC1140509020 MOP#76666 TRAFFIC CONTROL SUPPLIES PLUMBING MATERIALS, PARTS, SUPPLIES AS POCKET GUIDE CREDIT CARD EXP - PD SHIPPING CHGS - FINANCE SERVICES CALL TO REPLACE TIRES VERIZON CELL SERVICE FY14 VISION INTERNET WEBSITE PROGRAM VISION SVC PLAN - JULY 2014 CLEAR INVESTIGATIVE DATABASES MOP 45763 MISC SUPPLIES - MIS EDUCATIONAL REIMBURSEMENT POSSESSORY TAXES HUD 108 SERIES 2003-A SERVICE PERIOD 06/24/14 - 07/07/14 End Date 7/21/2014 Check Date 7/30/2014 GRAND TOTAL 2/2 CHK NO DATE AMOUNT 313384 7/22/14 278.51 313385 7/22/14 818,945.00 313386 7/22/14 109,695.00 313387 7/22/14 17,037.59 313388 7/22/14 176.58 313389 7/22/14 94.84 313390 7/22/14 5,000.00 313391 7/22/14 9,301.32 313392 7/22/14 7,250.00 313393 7/22/14 7,879.15 313394 7/22/14 438.43 313395 7/22/14 1,967.46 313396 7/22/14 782.72 313397 7/22/14 25.00 313398 7/22/14 1,858.56 313399 7/22/14 2,155.67 313400 7/22/14 30.47 313401 7/22/14 892.70 313402 7/22/14 313403 7/22/14 1 313404 7/22/14 7,43k.01 313405 7/22/14 250.00 313406 7/22/14 256.17 313407 7/22/14 455.11 313408 7/22/14 270.62 313409 7/22/14 285.00 313410 7/22/14 398.33 AIP Total 1,143,937.58 552558 7/16/14 430,730.00 7172014 7/17/14 311,581.31 868,539.59 $ 2,754,788.48 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. /fr-,—/L2e194_ MARK ROBERTS, FINANC LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 16th OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19, 2014 j AGENDA ITEM NO. ;14 ITEM TITLE: IContinued Public Hearing — Conditional Use Permit for a Wireless Communications Facility at Sweetwater Heights Park 3820 Cagle Street. (Applicant: Plancom, Inc. for Verizon Wireless.) (Case File 2014-01 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Pia PHONE: 336-4313 I APPROVED BY: EXPLANATION: ;This public hearing was continued from the May 6, 2014 meeting at the request of the applicant in order to allow for additional public outreach and redesign of the project. The original proposal was for a 45-foot tall artificial pine tree and a 408 square -foot, partially underground equipment shelter. The applicant is now proposing to install a new 55-foot tall tree to replace an existing 40-foot tall artificial palm tree and to locate existing and proposed equipment on the new tree, therefore not increasing the number of artificial trees in the park. The equipment shelter would remain as originally proposed. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categoricall)r Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION: ;The Planning Commission denied the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Garcia, Pruitt Noes: Bush, DeLaPa ATTACHMENTS: 1. Background Report 5. List of Proposed Improvements 2. Recommended Findings/Conditions 6. Reduced Modified Plans 3. Location Map 7. Site photos, Modified Simulations, Coverage Maps 4. Community Meeting Flyers BACKGROUND REPORT The project site is Sweetwater Heights Park, which is located on the south side of Cagle Street, near its terminus at Plaza Bonita Center Way, in the Open Space zone. The park contains playground equipment and a sand area near the southwest corner, and a basketball court on the east end of the park. There are two existing wireless facilities located at the same site; an artificial palm tree approved in 2002 and an artificial pine tree, which was approved in 2004. The palm tree is 40 feet tall and is operated by Sprint. The pine tree is 55 feet tall and has three carriers upon it — AT&T, T-Mobile, and Cricket. The Sprint facility is located along the north property line and has an above -ground equipment shelter. The AT&T/T.-Mobile/Cricket facility has underground equipment shelters (two vaults) and is located just south of the Sprint facility. Previous Design The applicant originally proposed to install a 45-foot tall artificial pine tree and a 408 square -foot equipment shelter. Tree -mounted equipment included twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The new facility was proposed directly east of the existing facilities. The proposed tree was located near to the artificial palm, with the equipment shelter tucked into the east corner of the park. The shelter was to be partially underground with approximately seven feet remaining above ground. Landscaping was proposed along the west elevation to screen the shelter from Cagle Street. The proposal also included an emergency generator in case of power failure. The generator would be within the equipment shelter. Current Design Since the previous Council meeting, the applicant has changed the design of the proposed facility to a new 55-foot tall tree to replace the existing 40-foot tall artificial palm tree operated by Sprint. In this proposal the existing Sprint equipment and the proposed Verizon equipment (antennas, etc.) would be located on the new tree, therefore not increasing the number of artificial trees in the park. The equipment shelter would remain as originally proposed. The proposal would be a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately four and a half feet from the tree trunk but will be obscured by the branches of the artificial tree. Wiring between the tree and shelter would be placed underground. The two existing facilities have underground shelters, which limits the exposure of equipment. The applicant considered a vault, but ultimately opted for the partially underground shelter citing costs and waterproofing issues. Although it may be more consistent to also underground the shelter, there is already one facility with an above -ground shelter (Sprint). Given that the facility is tucked into the far corner of the park, there is less issue with regard to Toss of park space, particularly if there is no increase in the amount of artificial trees. The corner of the park where the equipment would be located is currently covered with ice plant and not generally used for recreation. i The proposed shelter structure is larger than the existing above ground shelter on -site. The proposed shelter is 34 feet by 12 feet in size (408 square feet). The existing Sprint shelter is around 300 square feet, although it is higher (10-12 feet high). To enhance the site, the applicant is proposing landscaping (palms) to screen the shelter from Cagle Street. A condition of approval (No. 20) has been included to require that landscaping be tall enough to screen the shelter from Cagle Street (greater than 7 feet). The facility is also consistent with City policy related to co -location with existing facilities. There are four other carriers at this location. The existing tree pine tree is not large enough to accommodate another carrier's antennas without making the tree significantly taller. The artificial palm tree is also not tall enough to accommodate another carrier, hence the proposal to replace it with another pine tree. The pine design would also be consistent with existing live trees and the existing artificial pine tree in the park. The facility is proposed to improve service south of State Route 54. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Comments were received from the Building and Fire Departments and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. The Public Works/Parks Department had no comments related to the project, although they have been included in staff meetings related to the project and have provided verbal comments to the applicant. One letter was received in response to the public notice for the original public hearing from a nearby residential property owner on Cagle Street across from the park. Concerns noted in the letter were mostly related to potential hazards from radio frequency and chemicals, noting the warning labels on existing facilities. All facilities have a label warning of chemicals in backup batteries contained within equipment shelters. These batteries are enclosed and out of reach of all but maintenance staff. With regard to radio frequency issues, it should be noted 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." The letter also relays safety and security concerns related to graffiti, people hiding or involved in illegal activity in and around existing facilities. This could be addressed through additional conditions (e.g., requiring additional lighting) at the discretion of the Council, although there is a standard condition related to graffiti (No. 19). An additional concern was related to potential decreases in property values related to proliferation of 2 wireless facilities. Staff is unaware of any correlation between such facilities and nearby property values. An additional letter of concem was also received at that time. As of the writing of this report, no additional comments have been received. 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. 17) is included requiring these permits. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Planning Commission conducted a public hearing on March 3, 2014. Commissioners expressed concerns regarding the footprint of the facility, the existing cell towers, and the use of public park space for private use. The Planning Commission voted to deny the Conditional Use Permit. Council reviewed the Notice of Decision of the Planning Commission's denial at their meeting of April 1, 2014, at which time the applicant filed an appeal of the denial of the Conditional Use Permit. At the April meeting, the applicant was granted a continuance to August 18, 2014 in order to allow for additional public outreach and redesign of the project. A courtesy notice was sent out to 140 property owners and occupants to inform them of tonight's meeting. Since the continuance was granted, the applicant held two noticed community meetings to address concerns related to the proposal. The first meeting was held on July 2, 2014 at the Chamber of Commerce. Approximately 140 notices were sent out, which encompassed all property owners and occupants within 300 feet of the park. Three community members were in attendance, as was a Planning staff member. Comments were related to the number of existing artificial trees, general park conditions, and park maintenance. Another comment referred to the need for additional people to be noticed. The second meeting was held on August 5, 2014 at the park. 450 notices were sent out, which included all property owners and occupants in the Sweetwater Heights Subdivision. 19 people were in attendance; staff did not attend this meeting. Based on comments received at the community meetings, the applicant committed to several proposed improvements at the park (see attached). The improvements are related to landscaping, driveway and basketball court remediation, and also provide for additional picnic benches and security cameras. Condition No. 23 covers these improvements. Although the proposed project is consistent with the Land Use Code, in that it meets all applicable design requirements for wireless communication facilities, there are concerns form nearby residents related to facility operation, security, and loss of park space. The new design and improvements have been proposed in order to address concerns. Ultimately the facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers, which is consistent with the General Plan. 3 RECOMMENDED FINDINGS FOR APPROVAL 2014-01 CUP — 3820 Cagle Street 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 OS 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 facility, including the artificial pine tree and shelter (408 square feet), can be accommodated on the 2.35-acre site, will not affect surrounding existing uses, and since the proposed artificial tree would replace an existing artificial tree. 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 55-foot artificial pine tree will adequately screen the proposed and relocated antennas, and since the partially underground nature and landscaping on -site will provide adequate screening of the equipment shelter from adjacent properties. 6. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 7. 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. 4 RECOMMENDED FINDINGS FOR DENIAL 2014-01 CUP — 3820 Cagle Street 1. That the proposed use is not consistent with the General Plan, since Policy OS- 5.2 strives to meet and maintain a park to population ratio of 4.75 acres per 1,000 residents — a ratio which is currently less than 3 acres per 1,000 residents — and since there are multiple General Plan policies that discourage loss of open space, which would result from an additional wireless facility in the park. 2. That the site for the proposed use is not adequate in size and shape, since the combined footprint of the three existing facilities (approximately 1,157 square feet) and the proposed 408 square -foot facility would reduce space within the 2.35-acre public park by almost two percent. 3. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the new facility would exacerbate existing safety and security issues related to graffiti, loitering, and drug usage in the corner of the park where the project is proposed. 4. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since it will increase the private use of a public park to the exclusion of the public and decrease useable park area for the enjoyment of the general public. 5 RECOMMENDED CONDITIONS OF APPROVAL 2014-01 CUP — 3820 Cagle Street General 1. This Conditional Use Permit authorizes a wireless communications facility at 3820 Cagle Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, Case File No. 2014- 01 CUP, dated 1/7/2014. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. The artificial tree shall have the same dimensions and proportion as shown on approved 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. Building 5. Plans submitted 'for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire 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. Emergency Shutdown procedures shall be posted in conspicuous area of emergency generator "EMERGENCY POWER". All Emergency Power signs shall be of .080 gauge aluminum. All signs shall be 10 inches wide and 12 inches long. All signs shall have Type IV high intensity prismatic sheeting (H.I.P.), reflective in 6 nature. Protective overlay film shall be required on sign (P.O.F.). Color of sign shall be white background with black letters. Sign shall describe all additional power shutdowns in clear map form. Map shall describe present position ("You Are Here"). • White background with black letters. • Signage letter height — "Emergency Power" — shall be two inches tall. • Sign shall be clearly visible from the street. If the power source is inside of the building and cannot be seen from the street, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. • Please contact the National City Fire Department for requirements. A detailed plan shall be submitted to the Fire Marshal for approval and final field placement. 8. A 704 diamond shall be placed in conspicuous area to identify fuel and battery hazards. 9. Fire department access roads shall meet the requirements of the California Fire Code (current edition) Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed Toad of a fire apparatus weighing at least 75, 0000 pounds. Fire Department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 10. Roads or alleys 20 to 26 feet in wide shall be posted on both sides as fire lanes. 11. 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 12. 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 7 Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 13. 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. An approved SWPPP will be required prior to issuing of a construction permit. 14.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Utilities 15. Prior to any construction or grading activities, the applicant shall coordinate with all utilities and City Departments with infrastructure in the area to ensure protection of any existing utility services. 16. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 17.AII appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 18. All exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 19. Exterior walls of buildings/poles to a height of not Tess than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 20.A landscaping and underground irrigation plan shall be submitted at Building Permit showing planting that screens the entire exposed height of the equipment shelter as visible from Cagle Street. 21. 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 itis determined by the City not to be desirable in a specific case. 22. 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. 23. All proposed improvements to Sweetwater Heights Park (landscape and driveway remediation) as attached and committed to by Verizon Wireless shall be completed prior to operation of the facility. s GP-PZ (RS-2) COUNTY OF SAN DIEGO _ -- C7T7 OF NATIONAL CITY 3604-3814 — — City Boundary — — — Zone; Boundary Project Location RS-2 --- RS1 L_J I Feet 0 75 150 300 APN: 564,.290-06 Planning Commission Location Map 2014-01 C U P Z.5.14 9 June 18, 2014 Notice of Community Meeting Dear Interested Resident: This notice is to invite you to an upcoming Community Meeting to discuss a proposal by Verizon Wireless to install a wireless telecommunications facility at Sweetwater Heights Park. The project proposes to install 12 new six-foot long antennas and 12 new remote radio units (RRUs) located behind the antennas on a new monopine tree. The project also proposes to install a partially underground equipment enclosure at the eastern edge of the park. The project site is located at 3820 Cagle Street in Sweetwater Heights Park. Representatives from Verizon Wireless will present the proposal in greater detail, answer questions and ask for community feedback. Date: Wednesday July 2, 2014 Time: 6:00 p.m. Place: National City Chamber of Commerce 901 National City Blvd. National City, CA 91950 This notice has been sent to property owners and occupants within 300 feet of the project site. If you have any questions regarding the project before the meeting, or if you have questions but will be unable to attend the meeting, please contact: Shelly Kilbourn Representative for Verizon Wireless shellykilbourn@cox.net 619-208-4685 PECE VED JW42321 10 July 22, 2014 Notice of Community Meeting Dear Interested Resident: This notice is to invite you to an upcoming Community Meeting to discuss a proposal by Verizon Wireless to install a wireless telecommunications facility at Sweetwater Heights Park. The project proposes to install 12 new six-foot long antennas and 12 new remote radio units (RRUs) located behind the antennas on a new monopine tree. The project also proposes to install a partially underground equipment enclosure at the eastern edge of the park. The project site is located at 3820 Cagle Street in Sweetwater Heights Park. Representatives from Verizon Wireless will present the proposal in greater detail, answer questions, ask for community feedback and discuss proposed park improvements based on the last community meeting held on July 2, 2014. Date: Tuesday August 5, 2014 Time: 6:30 p.m. Place: Sweetwater Heights Park Basketball Court 3820 Cagle Street. National City, CA 91950 This notice has been sent to all property owners and occupants within the Stockman and Cagle neighborhood. If you have any questions regarding the project before the meeting, or if you have questions but will be unable to attend the meeting, please contact: Shelly Kilbourn Representative for Verizon Wireless shellykilboum@cox.net 619-208-4685 RECEIVED JULlt2011 11 Proposed Improvements to Sweetwater Heights Park Based on the Community meeting on July 2, 2014 and meeting with City staff on July 8, 2014, Verizon Wireless will provide the following improvements to Sweetwater Heights Park to be included in the Conditional Use Permit's Conditions of Approval: Landscape and Driveway Remediation 1. Provide sod and irrigation between the existing fence and the sidewalk where there is currently a dirt patch; 2. Install a stamped concrete driveway over the dirt "driveway" area created by the technicians driving over the sidewalk. No curb cut to be provided. 3. Locking bollards to be placed across the driveway to keep non -park and wireless technicians from driving into the park; 4. The existing fence to be extended to the east to the edge of the driveway with older section to be removed; 5. Mulch to be provided along the northeastern property line between the existing fence and the basketball court; 6. Remove the existing dead palm tree and the existing dead pine tree; 7. Provide two (2) pine trees toward the southeastern corner of the park, in front of the existing tree stump and fix irrigation in this area. Provide new concrete mow strip to connect to existing and to existing Sprint tree and mulch in this lower area; 8. Grind the existing tree stump; 9. Remove the graffiti from the existing power box near the driveway; 10. Repair and replace existing broken section(s) of concrete sport court and resurface entire area per City of National City standards; 11. Install two (2) picnic tables on new concrete slab. One (1) of the tables will be ADA accessible; 12. Install one (1) motion detection light and one (1) motion detection camera to help deter illicit activity behind the Sprint PCS equipment shelter. Verizon Wireless will not provide monitoring of the security camera. The City will have access to the camera's recordings on request; and 13. Verizon Wireless will pay up to $20,000 as a park impact fee to be used for park improvements that the City deems necessary. The park impact fee should be included in the lease agreement with the City. Verizon Wireless will not be responsible for how and when these funds are allocated by the City. 12 VICINITY MAP MAWS OMOE Waft 1310-13 WOOMS5 MIS MOIL ITT 9P1o/OLL PIS 4 91•111 DIVEELACTIM: r AYLM11. RPM. M 0N,A 19M a ON WO WW1 MCIW WNW, YMMN* M, MM WI AT Tm APR K4 AA11 Ti8- TO 101 CNAMLOT IRS• .114 Mm1 (0*Lm - WI0 1 MINIM 1 f• CYafP.MT MLLIM MITT Pm R A wo MINT 9r CAW APPLICABLE CODES NA WC MA. PIMI MM TM ALLOW WWII CPC® P1.91.. 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MOM do x Mono mod o- [13IDtr(m M m rum MUMS AM ROM ems dodo e op o odePo m xEmcmcdo Mm. . odoco do /m m�T/!d!M eMOM.{AMM mem,dmmmra sed Km, MMM9 MMI uM. ouARTL 72559 ]0 :041 P.O. 202 19707 17IIN_ 21 12622-9)0) (^A9) 72 )0r0 GOMOT AMT JRN CIVIL ENGINEERS ^32 RYENIIM 0341IV.Mi0. MCC 107 SAN CLEdENTE. CA 92572 (3&3) 2*11 ♦n3E II PF,O'ECT 1410E PARKSIDE PARK -Poop CAT'r ST-ef, KRIOAdL CM. CA COO II p!:AY; It!i 0A7F<_ I1/IS;2p:1 SHEET PPE .coC,555_ SNS;Em II 11 UVrWilwrreless PHOTO STUDY & KEY MAP PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY Verizon Wireless "Parkside Park" 3820 Cagle Street National City, CA 91950 Prepared for: City of National City 1243 National City Boulevard National City, CA 91950 Prepared by: PlanCom, Inc. Contractor Representatives for Verizon Wireless 302 State Place Escondido, CA 92029 Contact: Kerrigan Diehl, Planning Consultant (760) 587-3003 December 18, 2013 Photo Study (Parkside Park) Page 1 12/18/2013 21 vwir8less South Elevation West Elevation Photo Study (Parkside Park) 12/18/2013 Page 2 22 VINTElftwireless East View South View Photo Study (Parkside Park) 12/18/2013 Page 3 23 vurgzpriwireiess West View Aerial View Photo Study (Parkside Park) 12/18/2013 Page 4 24 • These simulations are Intended for graphical purposes only and not Intended to be part of or to replace the information provided on the construction drawings 6/30/2014 P •tosmuaton Parkside Park 3820 Cagle St. National City, CA 91950 mortar o propo Existing coverage Coverage Levels: ® Excellent Gil Good/Variable Ir Poor %arkside Park 3820 Cagle St. National City, CA 91950 Ifwireless • 1/11fZU14- 26 Proposed coverage CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: August 19, 2014 AGENDA ITEM NO. 115 ITEM TITLE: Resolutions of the City Council of the City of National City authorizing the City of National City to opt into three Property Assessed Clean Energy (PACE) Programs to enable property owners in the City to access financing for energy and water conserving improvements through a voluntary contractual assessment program. A. HERO Program — Resolution of the City Council of the City of National City, 1) consenting to the inclusion of properties within the City in the California HERO Program, 2) approving an amendment to the Joint Powers Agreement of the Western Riverside Council of Governments adding the City as an Associate Member and providing for the indemnification of the City, and 3) authorizing the Mayor to execute the amendment. B. CaliforniaFirst Program — Resolution of the City Council of the City of National City, 1) authorizing the City to join the CaliforniaFIRST Program, and 2) authorizing the Mayor to execute an Indemnification and Insurance Agreement between the City and Renewable Funding, LLC, which is the administrator of the CaliforniaFIRST Program. C. Figtree PACE Program — Resolution of the City Council of the City of National City approving the Associate Membership by the City in the California Enterprise Development Authority and authorizing the Mayor to execute the Associate Membership Agreement; and Resolution of the City Council of the City of National City, 1) consenting to the inclusion of properties within the City in the Figtree PACE Program, and 2) authorizing the Mayor to execute an Indemnification Agreement between the City and Figtree Company, Inc. which is the administrator of the Figtree PACE Program. PREPARED BY: Raymond Pe` DEPARTMENT: PHONE: 1336-4421 APPROVED BY: EXPLANATION: PACE allows a property owner to access capital for energy and water retrofits and repay it as an assessment on their property tax bill. PACE is attached to the property itself; it is not considered a debt of the property owner. As title to the property transfers upon sale, so does the PACE assessment. PACE enables property owners to borrow funds for terms that match the useful life of the retrofit, typically 10 to 20 years. Therefore, a PACE funded retrofit can often be designed such that the annual energy and water cost savings covers the annual assessment payments. In this manner, a property owner can make their building more efficient without any cash outlay or diminishina their ability to borrow for their orimary business needs. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations and, therefore, no further action is required under the California Environmental Quality Act. Finance ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Adopt resolutions to opt into three Property Assessed Clean Energy (PACE) Financing Programs. BOARD / COMMISSION RECOMMENDATION: Not Applicable.( ATTACHMENTS: 1. Background Report Attachment 1 BACKGROUND REPORT PACE allows a property owner to access capital for energy and water retrofits and repay it as an assessment on their property tax bill. PACE is attached to the property itself; it is not considered a debt of the property owner. As the property transfers upon sale, so does the PACE assessment. PACE enables property owners to borrow funds for terms that match the useful life of the retrofit, typically 10 to 20 years. Therefore, a PACE funded retrofit can often be designed such that the annual energy and water cost savings covers the annual assessment payments. In this manner, a property owner can make their building more efficient without any cash outlay or diminishing their ability to borrow for their primary business needs. PACE's reliance on the special tax assessment system means that local government must take affirmative steps to establish one or more PACE programs before it is available to property owners within the jurisdiction. Jurisdictions must create their own PACE district or join an existing program run by other jurisdictions or a Special District, generally a joint powers authority (JPA). Building retrofits produce a number of benefits that do not generate payback for the private property owner, but nonetheless carry significant public benefit: • Reduce carbon emissions, • Save natural resources, • Reduce grid dependence, • Stimulate local economies by generating green jobs, • Increase property values, • Enhance building safety. In 2012, the City of National City approved a Climate Action Plan (CAP) aimed at bringing National City's carbon emissions to 15 percent below 2005 levels by 2020. The CAP specifies five measures to mitigate emissions from existing buildings including measure A1.a.4: "Adopt an energy financing program to encourage energy efficiency retrofits in existing buildings." The proposed resolutions would make multiple PACE financing options available to National City property owners who choose to participate. Jurisdictions have the option of creating their own PACE program or joining an existing program run by a Joint Powers Authority (JPA). There are three such JPA programs available statewide. All of the other jurisdictions in San Diego County have all joined at least one JPA PACE program and most have opted into multiple programs. Creating National City's own PACE program would require significant resources to setup and operate and could leave the City exposed to greater liability. The three JPA-run PACE programs allow National City to make PACE available while requiring virtually no City staff time to administer the programs. The JPAs are responsible for all set up, operational, and administrative functions. The City can optionally employ resources to support enhanced program marketing and outreach as 1 determined by the City. The table below summarizes .the three JPA PACE programs: CaliforniaFIRST Figtree PACE HERO Program JPA: CSCDA CEDA WRCOG PACE Provider / Administrator: Renewable Funding Figtree Financing Renovate America; Samas Capital (commercial) Jurisdictions Participating: 183 58 158 Transactions Completed: 2 / $260,000 2 / $2,500,000 12,941 / $245,000,000 Transactions Pending: 94 / $64,000,000 15 / *not available 25,943 / $1,040,000,000 Process to Join a JPA-run PACE Program There are four general steps to make a JPA-run program available to property owners. 1. Membership — The City must first become a member of the JPA if it is not already. 2. Opt -Into Program — A resolution is required to authorize the JPA to operate the program in the city. 3. Indemnification — The City must agree to provisions that limit its liability. 4. Judicial Validation — Judicial validations must be completed prior to launch. Each of the three programs differ in how they proceed with these four steps. This is a result of a few factors, including: whether the City is already a member of the JPA, how the JPA is structured, and how these PACE programs evolved over time. The specific agreements and resolutions required for each PACE program are described below under the heading for each program. All three PACE programs practice judicial validation before any transactions are completed in a jurisdiction. Judicial validation is a tool to decrease legal risk by filing a court action requesting a judge review the legal foundation of a matter. In the case of two JPA-run PACE programs, CaliforniaFIRST and Figtree PACE, statewide validations have already been completed that cover National City. For the HERO program, validations are filed in batches as new jurisdictions join. If approved by this Council, WRCOG is expected to file a judicial validation covering National City at the end of September. HERO program representatives estimate that the validation will be complete by January, at which time the program will go live. 2 HERO PACE Program The Western Riverside Council of Governments (WRCOG) is a regional association of local governments in Western Riverside County formed in 1991 to coordinate regional and inter -agency issues. The JPA launched the HERO program in December 2011 for residential properties and in December 2012 for commercial properties. The program is administered by Renovate America for residential properties and by Samas Capital for commercial properties. Renovate America is based in the City of San Diego. Residential HERO was the first residential PACE program to launch following the Federal Housing and Finance Administration's (FHFA) July 2010 statement citing concerns about PACE's impact on the mortgage market. After the program experienced rapid uptake, approving thousands of applications and funding tens of millions of dollars in its first year, WRCOG amended its JPA agreement, opening Associate Membership to jurisdictions statewide to participate in their PACE program. As the program has expanded to new jurisdiction, Renovate America has continued to report rapid uptake, which they attribute to their simplified product offering, software and service alignment with contractor's business models. HERO program representatives report that as a result of the program, many thousands of green jobs have been created as participating contractors have seen their businesses grow. Long- term funding is raised by packaging PACE loans into securities and selling them. In April 2014, Deutsche Bank sold the first securities constructed for $103 million in residential PACE loans from Renovate America's HERO program. To make the HERO program available within National City, a single resolution is required to authorize the program. The resolution includes an attached agreement between WRCOG and National City, where National City would agree to terms of Associate Membership under an Amendment to the WRCOG JPA Agreement. Indemnification provisions are included in the agreement. Council would need to authorize the Mayor to execute this agreement. CaliforniaFIRST PACE Program The California Statewide Communities Development Authority (CSCDA) was created in 1988 to provide California's local governments with an effective tool for the timely financing of community -based public benefit projects.. National City and more than 500 cities, counties and special districts in the state are Program Participants to CSCDA — which serves as their conduit issuer and provides access to an efficient mechanism to finance locally -approved projects. CSCDA contracts with Renewable Funding to offer the CaliforniaFIRST PACE program. Renewable Funding began accepting applications for the CaliforniaFIRST commercial PACE program in July 2012. The commercial program opened funding to any qualifying lender that the property owner chooses; the property owner is responsible for negotiating and comparing terms. Lithe outreach and marketing is provided locally. CaliforniaFIRST has not yet fully funded any commercial projects in 3 San Diego County as of mid -June 2014, although they reported there were transactions in the final stages. On the residential side, Renewable Funding is rolling out a program for homeowners and expects to offer it countywide to all contractors by mid -September 2014. To participate in CaliforniaFIRST, as National City is already a member of CSCDA, a single resolution is required which authorizes CSCDA to operate the program within the City. Council authorization is also requested for the Mayor to sign the indemnification agreement between National City and Renewable Funding. Figtree PACE Program The California Association For Local Economic Development (CALED) established the California Enterprise Development Authority JPA (CEDA) to address gaps in economic development financing. Specifically, CEDA's goal is to issue industrial development bonds (IDBs) for small- to medium-sized California manufacturers. IDBs are a powerful incentive for business expansion and location. CEDA also issues 501(c)3 Non -Profit bonds and has recently seen success in refinancing existing debt for non-profit businesses such as private schools, community centers, and health clinics. CEDA contracted with Figtree Financing to offer PACE programs to member jurisdictions. Figtree is based in the City of San Diego and focuses primarily on commercial properties. Figtree was the first firm to successfully combine multiple pre - approved commercial PACE projects into a pooled bond. They also offer customized owner -arranged financing similar to CaliforniaFIRST, and in early 2014 they raised a pool of funding out of which they are now able to fund projects as they qualify, branded as "OnDemand PACE Financing." Figtree aims to launch a broad PACE financing product for homeowners in 2015. Their financing is currently available to residential properties with no mortgages or with loans that do not meet FHFA lending criteria (jumbo loans). In order to make the Figtree PACE program available in National City, Council will need to approve two resolutions and authorize two agreements. One resolution is required for Associate Membership in CEDA, along with signature of the Associate Member Agreement. Another resolutions is required to join the Figtree PACE program. Finally, staff requests Council's authorization for the Mayor to execute an indemnification agreement between Figtree Company and National City. Issues with PACE's Senior Lien Status PACE assessments, like other special assessments and property taxes, have senior lien priority over mortgages in the event of foreclosure. The federal regulators that oversee commercial and residential mortgages have expressed concern over how the first lien status of PACE affects the position of mortgage holders and suggested that they take corrective measures. Commercial and residential PACE programs address these risks by undergoing judicial validations and instituting certain program rules. Commercial PACE programs, including the three JPA programs before Council, address this by requiring that property owners communicate with their mortgage 4 holders with the details of the PACE lien to .be placed on their property. The residential HERO program addresses these issues by providing disclosures designed to inform property owners of potential risk, including having to pay off the balance of their PACE assessment, and even having their mortgage accelerated. In Sonoma County, homeowners have sometimes been required to pay off their PACE assessment upon sale or refinance; however, HERO reports that none of their borrowers have been required to do so. Regarding mortgage acceleration, this measure has never been enforced. California government officials are actively communicating with FHFA and taking additional steps to address their concerns. In 2014, California established a PACE Loss Reserve Fund to compensate mortgage holders for any losses associated with a PACE lien in the event of foreclosure. The reserve pool is guaranteed up to $10 million on a first -come, first -served basis. The FHFA acknowledged the program in 2014 but stated they have not changed their position. In California, over 170 jurisdictions have decided that the benefits of residential PACE outweigh the risks and have opted to create their own program or join an existing program. Recommendation Staff recommends that Council take the following actions: 1. Approve a resolution seeking inclusion in the California HERO Program and an amendment to the WRCOG Joint Powers Agreement establishing National City as an Associate Member. 2. Authorize the Mayor to execute the JPA Amendment with WRCOG, establishing National City as an Associate Member. 3. Approve a resolution authorizing CEDA, through Figtree Energy Financing, to offer their program and levy assessments within the City of National City. 4. Approve a resolution to join the CEDA JPA as an Associate Member. 5. Authorize the Mayor to execute the Indemnification Agreement with Figtree Company. 6. Authorize the Mayor to execute the Associate Membership Agreement with CEDA. 7. Approve a resolution authorizing the CSCDA JPA to offer the California FIRST program and levy assessments within the City of National City. 8. Authorize the Mayor to execute the Indemnification Agreement with Renewable Funding. This action would .make available the three JPA-run PACE programs to property 5 owners within National City, namely, CaliforniaFIRST, Figtree PACE, and the HERO Program. Doing so will make PACE financing available to property owners in National City in order to facilitate water and energy saving building retrofits. Opting into existing JPA- run PACE programs rather than establishing a new standalone program requires fewer resources, makes PACE available more quickly, reduces program risk, and puts less of a participation burden on contractors, property owners and banks. Giving property owners (and contractors) multiple PACE options allows each to decide which program is best for their individual needs. This will help foster an innovative and competitive market for PACE financing services. As additional PACE program options become available, staff recommends that National City enable property owners to access those programs, provided they meet the following basic requirements: • There is minimal cost to National City. • There is minimal ongoing administrative burden to National City. • Participation does not inordinately expose National City to risk. • Participation does not inordinately expose National City property owners to risk. Fiscal Impact There will be no direct impact on the General Fund of the City. Staff time associated with consideration and adoption of this action is reimbursable via SDG&E's Emerging Cities Grant. Additional staff time is absorbable. Minimal staff time is anticipated to assist with the implementation of the programs and track their progress. Additional staff time would be needed to bring future PACE program options before Council for consideration. Attachments 1. PACE Policy Memo. 2. HERO California Residential Handbook, December 17, 2012. 3. Resolution Number 4-13, Resolution of the Western Riverside Council of Governments Declaring its Intention to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure Through the Use of Voluntary Contractual Assessments Pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code and Setting a Public Hearing Thereon (California HERO Program). 4. Amendment to the Joint Powers Agreement Adding the City of National City as an Associate Member of the Western Riverside Council of Governments to Permit the Provision of Property Assessed Clean Energy (PACE) Program Services within National City. 6 5. CaliforniaFIRST Program Report, County of San Diego (as of March 8, 2010). 6. California Statewide Communities Development Authority Resolution 10R-7, Resolution Declaring Intention to Finance Installation of Distributed Generation Renewable Energy Sources, Energy Efficiency and Water Efficiency Improvements, County of San Diego. 7. Indemnification and Insurance Agreement between the City of National City and Renewable Funding, LLC, the administrator of the CaliforniaFIRST Program. 8. Figtree PACE Program Report, Revised: June 4, 2014, minus the Boundary Maps of the Participating Agencies in Exhibits A-1 through A-47. 9. Resolution No. 13-39, Resolution California Enterprise Development Authority Declaring Intention to Finance Installation of Distributed Generation Renewable Energy Sources, Energy Efficiency and Water Efficiency Improvements in the County of San Diego. 10.Associate Membership Agreement between the California Enterprise Development Authority and the City of National City adding the City of National City as an Associate Member. 11.Indemnification Agreement between the City of National City and Figtree Company, Inc., the administrator of the Figtree PACE Program. 7 ATTACHMENT 1 9 POLICY MEMO Prepared for City of National City, CA ENABLING PROPERTY ASSESSED CLEAN ENERGY (PACE) FINANCING JULY 2014 LESAR•I)EVt LOPMENT CONSULTANTS Prepared for City of National City by: LeSar Development Consultants Eric Engelman, Energy Policy Consultant 619-800-3405 eric.engelman@gmail.com www.LeSarDevelopment.com 10 Policy Memo: Enabling PACE Financing in National City Acknowledgements Funded by San Diego Gas and Electric's Emerging Cities program Written by Eric Engelman, with contributions from the California Center for Sustainable Energy About LeSar Development Consultants LeSar Development Consultants (LDC) provides a full range of consulting services primarily to clients involved in creating physically and economically sustainable communities. Founded in zoos by Jennifer LeSar, LDC is certified by the State of California as a woman -owned, small business corporation and has three offices in San Diego, Los Angeles, and Sacramento. To learn more about LDC, please visit www.lesardevelopment.com. 111 LESAR• DE VELOPH F NT CONSULTANTS Copyright O 2014 by LeSar Development Consultants. All rights reserved. This policy memo or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of LeSar Development Consultants. Le Sar Development Consultants July2014 I Page 2 of 16 11 Policy Memo: Enabling PACE Financing in National City From an organizational standpoint, this memo is divided into four sections: 1. Overview and Recommendation, page 3. 2. Legal Considerations, page 5. 3. Policy Options and Approaches, page 9. 4. Recommended Framework for National City, page 14. 1. Overview and Recommendation In 2012, the City of National City approved a Climate Action Plan (CAP) aimed at bringing National City's carbon emissions to 15 percent below zoos levels by 2020. According to the plan, in zoos, residential energy use from the city's 14,750 dwelling units accounted for 6.4 percent of community -wide emissions, and energy use from the city's 8,158,18o square feet of commercial and industrial buildings accounted for 25.2 percent. The CAP specifies five measures to mitigate emissions from existing buildings including: A1.a.4 Adopt an energy financing program to encourage energy efficiency retrofits in existing buildings. Retrofit financing is a critical strategic policy objective. As buildings age and technology develops, energy inefficiency accumulates, resulting in unnecessary emissions and excessive utility expenses. Correcting this inefficiency results in lower utility costs and emissions, but requires property owners to undertake a large upfront investment. Many property owners do not have access to the capital or financing they need to undertake such an investment. As a result, energy inefficiency often persists in the building sector. Building retrofits also produce a number of public benefits that do not generate payback for the private property owner. Therefore, supporting building retrofits becomes a policy consideration for governments. Besides reducing carbon emissions, retrofits also: • Save natural resources, Reduce grid dependence, • Stimulate local economies by generating green jobs, • Increase property values, • Enhance building safety. Enabling retrofit financing solutions is one opportunity for government to promote building retrofits. Property Assessed Clean Energy (PACE) financing is designed to widely extend access to retrofit financing, and is often the only alternative available to property owners. PACE also offers unique benefits that are well suited to retrofit financing. PACE allows a property owner to access capital for energy and water retrofits and repay it as an assessment on their property tax bill. PACE is attached to the property itself; it is not considered a debt of the property owner. As the property transfers upon sale, so does the PACE assessment. By utilizing the special assessment system as a collection mechanism, PACE is associated with low repayment risk. This in turn enables property owners to borrow funds for terms that match the useful life of the retrofit, typically 10 to zo years. Therefore, a PACE funded retrofit can often be designed such that the annual energy and water cost savings covers the annual assessment payments. In this manner, a property owner can make their LeSarDevelopment Consultants I July2ol4 ( Page 3 of 16 12 Policy Memo: Enabling PACE Financing in National City building more efficient without any cash outlay or diminishing their ability to borrow for their primary business needs. PACE's reliance on the special tax assessment system means that local government must take affirmative steps to establish one or more PACE programs before it is available to property owners within the jurisdiction. To take advantage of PACE, jurisdictions must create their own PACE district or join an existing program run by other jurisdictions or a Special District, generally a joint powers authority (JPA). Recommendation After careful analysis, we believe PACE financing offers significant benefits for National City, given its stated policy goals. Therefore, we recommend that National City consider opting into the three JPA-run PACE programs within the state: 1. CalifomiaFIRST, z. OnDemand PACE, 3. The Home Energy Renovation Opportunity (HERO) Program. Opting into existing JPA-run PACE programs rather than establishing a new standalone program from scratch requires far fewer resources, makes PACE available sooner, reduces program risk, and puts less of a participation burden on contractors, property owners and banks. LeSar Development Consultants 1 July 2°14 1 Page 4 of 16 13 Policy Memo: Enabling PACE Financing in National City 2. Legal Considerations While the authors of this report are not attorneys, and none of the information contained in this report should be construed as legal advice, no comprehensive discussion of PACE would be complete without acknowledging its associated legal uncertainties, of which all property owners and jurisdictions should be aware. It is recommended that National City obtain advice from a qualified attorney regarding all potential risks and considerations associated with PACE financing before it decides to enter into one or more PACE programs. Liability and Risk to Jurisdiction Jurisdictions are commonly concerned about any legal exposure they might undertake extending from uncertainties surrounding the PACE district setup process or first -lien status of PACE. Certain PACE program designs are inherently riskier than others in how they deal with the first -lien issue. Some jurisdictions have taken certain steps in an attempt to insulate themselves from these risks. First, they have negotiated with PACE providers to indemnify the jurisdiction against any actions in connection with the PACE program. Second, by opting into an existing JPA-run program, jurisdictions have added a layer of protection they would not otherwise have had if they set up an independent program and district locally. Regarding the risk of non-payment, the three statewide PACE programs and most third -party administered programs are designed so that jurisdictions are not responsible for covering unpaid PACE assessments. Commercial Property Sector The federal Office of the Comptroller of the Currency (OCC) regulates commercial mortgage lenders. In a July 6, 2010 Bulletin, OCC offered guidance to lenders that they may want to secure additional collateral in cases where their loan position has been subordinated by a PACE lien2. Commercial PACE programs responded to the Bulletin by requiring that property owners contact their mortgage holders with the details of the PACE lien to be placed on their property. This gives the mortgage holders the opportunity to consider the implications of the new lien and oppose it if they choose. There are variations of this approach depending on the PACE program. Some require that existing title -secured lenders give their consent before a PACE transaction may proceed. Others require the lenders to simply affirm that they received the information (called "affirmative acknowledgement"). Whether they decline or accept the new lien, this two-way communication has helped prevent pushback from OCC and the lenders they regulate. The most liberal approaches simply require the property owner to notify the lender and allow them to proceed regardless of whether they receive a response. Residential Property Sector In the Unites States, approximately half of existing residential mortgages and 90 percent of new mortgages are held by Government Sponsored Enterprises (GSEs) regulated by the Federal Housing Finance Agency (FHFA). These include the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan 'National City should consult with an attorney as to jurisdictions' obligations resulting from unpaid PACE assessments. See OCC Bulletin 2010-25 LeSar Development Consultants July 2014 I Page 5 of 16 14 Policy Memo: Enabling PACE Financing in National City Mortgage Corporation (Freddie Mac). In National City, approximately 75 percent of residential properties have a mortgage.3 As PACE programs developed between zoo8 and 2010, FHFA expressed concerns about the senior status of PACE liens in relation to the existing mortgage. In the event of a forced sale due to a default, the PACE lien holder would be paid before the mortgage holder as with any other property taxes or assessments due.4 The FHFA argued that PACE was different from other assessments because property owners enter into PACE obligations at the discretion of the individual property owner and the improvements are made to private property. PACE proponents contested that only the overdue portion of the PACE lien would need to be paid, not the entire balance. In a July 6, 2010 Statement (Statement) directed towards GSEs, FHFA recommended a series of steps lenders and mortgage holders should take to protect their interests. The recommended actions affect both individual homeowners and the jurisdiction as a whole. With the passage of time and the growth of PACE, the hardest hitting of these recommended actions are viewed by many PACE experts as over -reactions by FH FA at the height of the mortgage market meltdown. Though the more severe recommended actions have never been taken, FHFA has not officially retracted its policy. As a result, they remain relevant in the PACE policymaking process. Risks to Individual Homeowners FHFA recommended that GSEs should not purchase any new mortgages or refinance properties that have a PACE lien attached. There has been inconsistent application of this recommendation and many homeowners who have PACE liens have been able to sell or refinance their property without any repercussions while others have had the new mortgage lender request that they pay off the remaining balance of their PACE lien. If the latter occurs, the homeowner has the option of paying off the lien or discontinuing the sale or refinance. For example, —5 percent of the participants in Sonoma County's PACE program sold or refinanced their property after assuming a PACE lien. Mortgage holders allowed zo percent of those homeowners selling their home and 6o percent of homeowners refinancing their home to proceed without paying off the lien. FHFA also indicated that if a homeowner acquired a PACE lien that was senior to the mortgage, it could be considered an act of default and cause the balance of the mortgage to become due immediately.5 This is the most serious risk to homeowners but lenders have yet to proceed with this action either because of the previously listed intermediate steps they can take, or because they do not have a strong case for viewing it as an act of default. Also, subsequent GSE and FHFA communications have notably omitted reference to mortgage acceleration as a potential risk -mitigation measure. PACE program administrators address the risks to individual homeowners by providing disclosures to program participants that list the FHFA issues in detail. They also may include a recommendation that homeowners inform their current mortgage holder of the PACE lien. Requiring mortgage lender consent or affirmative acknowledgement is not considered practical based on the rapid timelines of residential projects. Program administrators for both HERO Financing and Sonoma County's PACE program have found that a 3 According to www.City-Data.com. This does not distinguish whether the mortgage is held by a GSE. 4 it is important to note that FHFA does not distinguish between AB811 and SB555 programs since both give PACE primary lien status 5 Despite the fact that mortgage covenants traditionally acknowledge, categorically, the seniority of property taxes and special assessments, the FHFA in 2010 questioned the legitimacy of treating a PACE lien as a special assessment, questioning the public good such loans provide. L,eSarDevelopmentConsultants I Julyzo14 Page 6 of 16 15 Policy Memo: Enabling PACE Financing in National City large majority of homeowners read and acknowledge the risks and choose to proceed as planned. Risks to all Homeowners in a Jurisdiction In the Statement, FHFA recommended that GSEs and their lenders consider changing the underwriting standards throughout the entire jurisdiction where PACE is available. This included adjusting loan -to -value ratios to reflect the maximum permissible PACE loan amount and tightening debt -to -income ratio requirements. In fact, no underwriting requirements have changed. If this "red -lining" of a jurisdiction did occur, it could potentially impact the local housing market and economy. For that reason, it is considered unlikely that GSEs would take such action. Again, references to this action have been notably absent in subsequent FHFA and GSE communications. If at some future point the GSEs or FHFA decide to implement this action, one would expect they would do so after specific criteria and deadlines are established that allow the hundreds of jurisdictions that would be affected to correct course and avoid making it more difficult for many millions of people to buy homes. Additional Considerations Regarding FHFA Uncertainty In California, over 17o jurisdictions have decided that the benefits of residential PACE outweigh the risks and have opted to create their own program or join an existing program. California government officials are actively communicating with FHFA and taking additional steps to address their concerns. To mitigate the risk of potential losses to GSEs, California made a $io Million PACE Loss Reserve Fund available in March 2o14. PACE program administrators have access to this pool of money to compensate mortgage holders for any losses associated with a PACE lien. The reserve pool is guaranteed up to $io million on a first -come, first - served basis. Although Reserve Fund officials express optimism that the state would allocate more funding if the pool were ever exhausted, access to the Loss Reserve is not guaranteed once the $10 million cap has been reached. Since release of the FHFA's Statement, numerous agencies have asked for clarification or special consideration, but FHFA has not changed its position. This includes a recent response to Governor Brown as part of an ongoing dialogue regarding the PACE Loss Reserve. Although FHFA expressed appreciation for the effort put forth by Governor Brown's office, it responded that it still does not alleviate their primary concern that the mortgage is placed in a secondary position by PACE loans. If GSEs ultimately take any of the threatened actions, jurisdictions have several options after creating or joining a PACE program. National City may suspend its program or end its participation in a program. Program administrators can change the eligible properties list to only include homes without mortgages and homes with mortgages that are not held by GSEs (e.g. non -conforming mortgages such as a jumbo loan). Another potentially mitigating factor to consider is the 9th Circuit of Appeals decision in Rust v Johnson in 1979 (597 F.2d 174). The decision brings into question whether a jurisdiction would be able to collect assessments or taxes (e.g. PACE lien) if they harm GSEs. Rust v Johnson may effectively put PACE liens in a secondary position and alleviate FHFA's primary concern. It may also inhibit their ability to red -line an entire territory that enabled PACE. 1 eSarDevelopment Consultants j July 2o14 Page 7 of 16 16 Policy Memo: Enabling PACE Financing in National City Legislative Foundation and District Creation National City has the option of creating its own PACE district using one of two pieces of enabling legislation or joining an existing program run by another jurisdiction or a Special District, generally a JPA. The main benefit of establishing a unique local PACE option is the ability to design the program to address local issues (e.g. local hiring — more on that in Section 4). The main risk to the City is exposure if any legal issues arise out of the local PACE program, particularly around the validity of the district creation and assessment processes. Establishing a local program also comes with significant additional setup costs and staff time. Using a PACE provider to administrator a local PACE program mitigates risk to a jurisdiction because the third party administration contract typically includes an indemnification clause removing the City's liability. Several cities and counties opted early on to administer their own program and assume the legal risks, however several of those jurisdictions are subsequently transferring administrative duties to a third party.6 California has two different statutory frameworks that can be used to create PACE financing programs: 1. California Assembly Bill 811(passed July 2008). AB 811 Streamlined and clarified the process by which cities and counties can establish a geographic area, within which property owners can voluntarily undertake contractual assessments to finance energy improvements affixed to their real property. AB 811 and AB 474 amend the Improvement Act of 1911. AB 474 expanded AB811 to include water efficiency, and requires local governments to notify the local utility providers when PACE programs are created. 2. California Senate Bill 555 (passed October 2009). Authorizes an alternative process to create a Community Facilities District under the Mello -Roos Act of 1982, and expands eligible improvements to include energy and water efficiency to public as well as private facilities. SB 555 prohibits using financing in connection with initial construction of a privately owned residential building, unless undertaken by its intended owner or occupant. SB 279 Expands AB8ii to allow all jurisdictions to setup Mello -Roos community facilities districts, not just charter cities. Judicial Validation Although district financing is well -established in case law, PACE is a new variation that has not been extensively tested in courts. Therefore it is common for PACE providers to seek judicial validation before a program launches locally. A successful validation reduces program risk to the satisfaction of the PACE provider, investors, participating jurisdictions, and the JPA (where applicable). California law permits local agencies to bring action in court to challenge whether the jurisdiction has the authority to impose its PACE assessment or tax. Local counsel and PACE bond investors can use the results as an unqualified opinion on the validity of the financing mechanism.' A third party administrator generally covers the cost of validation, but if National City chooses to administer its own program, it would be responsible for the expense. With regards to JPA-run programs, the CaliforniaFIRST and OnDemand PACE programs have already completed statewide validations, so National City would be covered. For the HERO program, judicial validations are filed in batches every few months as new cities and counties join the program. If National City joins this program, a judicial validation will be filed on National City's behalf in the subsequent batch 8 6 Including San Francisco and Los Angeles County. 7 See http://residential.sonomacountyenergy.org/lowerphp?url=bond validation for additional information on the judidal validation process and sample documents. — 6 The next round of validations are expected to be filed in October and completed in early 2015. LeSar Development Consultants July 2014 Page 8 of 16 17 Policy Memo: Enabling PACE Financing in National City 3. Policy Options and Approaches The first PACE programs to be established in California between 2008 and 2010 (e.g. City of Palm Desert, County of Sonoma) were administered by the local jurisdiction itself and used public funds to extend loans. Since then, a few private firms (PACE providers) have developed more or less turnkey PACE programs that they offer to local jurisdictions. Typically these services are offered at no charge to the jurisdiction in exchange for the right to market PACE loans. This approach allows Jurisdictions to take a less active role, enabling these private firms to market and administrator a PACE financing solution which is funded through private capital sources. PACE providers also tend to coordinate and fund much of the legal setup process required to create a PACE program, which can be extensive. Jurisdictions can procure and contract directly with private PACE providers or opt into a JPA that has an existing contractual relationship with one or more PACE providers. The opt -in approach has several advantages. It often means a jurisdiction is able to bring a PACE program online quicker and with less staff resources. Also the economies of scale of offering a program that is also available in many other jurisdictions is thought to be advantageous for program uptake, as it reduces participation barriers for financiers, contractors and property owners who operate in multiple jurisdictions. The advantages of creating a standalone program for a jurisdiction include the ability to customize program rules and branding and a greater sense of local ownership. -run PACE Programs Program Narne CaliforniaFIRST OnDemand PACE HERO Program JPA j Jurisdiction CSCDA CEDA WRCOG Renewable PACE Provider / Administrator Funding Figtree Financing Renovate America (residential) Samas Capital (commercial) Number of Participating CA i83 Jurisdictions 58 158 PACE is still very new to the market and programs differ in a number of dimensions including: contractor requirements, project eligibility requirements, minimum and maximum financing amounts, payback terms and interest rates and fees. They also differ in how the financing is handled. For example, some PACE programs have pre -arranged financing from a single source at fixed terms. Other PACE programs leave it to the property owner or contractor to choose and negotiate with a lender. PACE programs also differ in their LeSar Development Consultants I July 2014 I Page 9 of 16 18 Policy Memo: Enabling PACE Financing in National City approach to marketing. A dominant model has not yet emerged, and as the market matures we may see even more variety, as specialized products are developed to meet more specific needs. Many jurisdictions are choosing to opt into multiple PACE programs rather than just one. Under this philosophy, the objective is to maximize property owner choice and inter -program competition, allowing market forces to determine the "best" approach. A potential drawback to the multi -provider approach is that choice can add complexity for property owners and contractors. Policy Approaches in San Diego County All jurisdictions within San Diego County (except National City) have one or more PACE programs online or have opted into at least one program. The majority of local jurisdictions have selected the multiple -provider approach. Of 19 jurisdictions, 15 cities and the County have created or opted into more than one PACE program. Table zs PACE Policy Approaches in San Diego County Jurisdictions Jurisdiction San Diego County Opt into Single Program Opt into Multiple Programs CalFIRST / HERO Establish Custom Program Carlsbad CalFIRST / HERO Chula Vista CalFIRST Ygrene Coronado CalFIRST / HERO Del Mar CalFIRST El Cajon CalFIRST / HERO Encinitas CalFIRST / HERO Escondido CalFIRST / HERO Imperial Beach HERO / OnDemand La Mesa CalFIRST / HERO Lemon Grove CalFIRST / HERO Oceanside CalFIRST / HERO Poway CalFIRST San Diego (City of) HERO / OnDemand/ CalFIRST San Marcos HERO / OnDemand Santee CalFIRST Solana Beach CalFIRST / HERO Vista HERO / OnDemand National City TBD TBD TBD Total 3 15 1 PACE Provider Overview CaliforniaFlRST — California Statewide Communities Development Authority (CSCDA) chose Renewable Funding to offer a PACE program among its 500+ member jurisdictions. The program, branded CaliforniaFIRST, was originally scheduled to launch both a residential and commercial program in the fall of LeSarDevelopmentConsultants July2014 1 Page to of 16 19 Policy Memo: Enabling PACE Financing in National City 2010, but FHFA's Statement to the GSEs caused significant delay. Renewable Funding revamped and launched the CaliforniaFIRST commercial PACE program in February 2012 and began accepting applications for project funding in July 2012. The revised commercial program opened funding to any qualifying lender that the property owner chooses; the property owner is responsible for negotiating and comparing terms. As such, each application is a customized, project -financed transaction. Little outreach and marketing is provided locally. Applications are contractor or property -owner driven. CaliforniaFIRST commercial was approved by the San Diego City Council in September 2012, but did not receive its first application until April 2013. This application has not yet reached the final approval stage. (CaliforniaFIRST has not yet fully funded any commercial projects in San Diego County as of mid -June 2014.) Renewable Funding points out that this apparently slow uptake is due to the lengthy sales cycle for commercial PACE (from 9 months to 2 years), when compared to the residential retrofit market. The commercial PACE programs (Figtree, Samas and CaliforniaFIRST) all are starting to see their first project funding occur this year (the various commercial PACE programs in the State started in zoiz and later). On the residential side, Renewable Funding is rolling out the "beta phase" of its residential program during summer zo14, initially in the Bay Area, and then in Los Angeles and San Diego County in late July. Renewable Funding expects to open the residential program countywide to all contractors by mid -September zo14. The program will automatically come available in jurisdictions that are currently participating in the commercial program, with the exception of the City of San Diego, which reserved the right to review a residential program. It is unclear what local support will occur in San Diego County. Renewable Funding recently hired a local program representative who is expected to start some type of outreach within San Diego County in the upcoming months, and a marketing agreement is rumored with the Electric and Gas Industries Association (EGIA). Specifics on how financing will be handled are not known at this time. HERO Program — Western Riverside Council of Governments (WRCOG) is a JPA formed to assist participating jurisdictions with financing. The HERO program launched in December zo11 for residential properties and in December 2012 for commercial properties. The program is administered by Renovate America for residential properties and by Samas Capital for commercial properties. Renovate America is based in the City of San Diego. The residential component of the HERO program was the first residential PACE program launch subsequent to FHFA's Statement and was widely viewed as a test to see whether the GSEs would immediately take action. No blanket action was taken, and the program experienced rapid uptake, approving thousands of applications and funding tens of millions of dollars in its first year in Western Riverside County. As a result WRCOG opened Associate Membership to jurisdictions statewide to participate in the HERO program. As jurisdictions around the state rapidly began opting into HERO in 2o13 and program participation continued robust growth, other PACE providers such as Figtree and Renewable Funding began preparations for launching residential programs. Long-term funding is raised by packaging PACE loans into securities and selling them. In April zo14, Deutsche Bank sold the first securities constructed for $103 million in residential PACE loans from Renovate America's HERO program. LeSar Development Consultants July 2014 1 Page 11 of 16 20 Policy Memo: Enabling PACE Financing in National City Figtree OnDemand - The California Enterprise Development Authority (CEDA), a JPA of the California Association of Local Economic Development (CALED), is a nonprofit that works in partnership with cities and counties in the State of California. CEDA has contracted with the Figtree Financing company to offer PACE programs to member jurisdictions. Figtree's OnDemand PACE financing is available via an assessment district established by CEDA and currently counts 35 participating city members and 21 county members. Figtree is based in the City of San Diego. Figtree was the first firm to successfully package multiple pre -approved commercial projects into a pooled bond. They also offer customized owner -arranged financing similar to CaliforniaFIRST. And as of March 2014, they have raised a pool of funding out of which they are now able to fund projects as they qualify. The residential program is anticipated to launch in 2o15 as Figtree plans to proceed conservatively based upon FHFA actions. Their financing is currently available to residential properties with no mortgages or with loans that do not meet FHFA lending criteria (jumbo loans). Ygrene Energy Fund - Ygrene is a privately funded and administered residential and commercial PACE provider that implements local programs in partnership directly with individual counties and cities. Ygrene's programs to date have been based off of SB 555 amended Mello -Roos districts rather than AB 811. Ygrene uses a variety of private funding sources to supply interim and long-term capital. In California, Ygrene administers districts in Chula Vista, Sacramento and Yolo County. It also has one in a multi -county area in Florida. These locally branded programs are offered at no charge to the local government, but there are upfront expenses, including: staff time for district formation process, legal expenses for the judicial validation, and ongoing program administration costs. These costs are borne by the local jurisdiction, and recouped via fees as the program does volume. Ygrene manages the ongoing operations and program administration, but key tasks are still required by city/county staff during the life of the program. Ygrene has negotiated to reimburse for some upfront time and incurred expenses during the formation of the PACE district, but reimbursement is on a contract -by -contract basis. As a customized program, Ygrene targets large urban cities with populations of 250,00o residents or more. Initially established at a 500,00o minimum in 2013, Ygrene lowered the population requirement to 250,000, in order to compete for the Clean Energy Chula Vista program. Comparison of Program Performance The table below shows program activity for the three statewide JPA-run PACE programs. Three commercial programs available to jurisdictions statewide have been online for two to three years. Uptake is clearly slow as only a few transactions have closed to date statewide, and there have been no closings within the County to date. Both CaliforniaFIRST and OnDemand PACE report that their first transactions in San Diego County will close soon. LeSar Development Consultants I July 2014 f Page 12 of 16 21 Policy Memo: Enabling PACE Financing in National City Table 3: JPA-run Programs — Statewide Commercial Uptake Program Name Countvvvide Participating Jurisdiction-, Program Launch Date Applications Received -- Quantity Applications Received -- S Volume Completed 1 ransactions - Quantity Completed Transactions - Si Volume CalFirst 184 $64 MM 2 $260 K OnDemand PACE 58 Dec. 2011 Feb. 2012 2 $2.5 MM 0 0 HERO 158 Dec. 2012 12 Jul 201 * * 2 0 0 Dec. 2012 * * * declined to provide The residential PACE situation is quite different. The HERO program is the only active program and some 12,931 transactions have closed statewide for a total of $245 million since launch in December 2011. More than $i billion in applications have been approved. In San Diego County, HERO came online in six cities9 in February 2014. Already, some 709 project applications have been approved for $48 million in funding. And more than 200 have closed in this short time, representing $4.9 million in completed transactions. Both CaliforniaFIRST and OnDeniand PACE are preparing to launch residential programs, too. Table 4: JPA-run Programs — Statewide Residential Uptake **program not yet online Program Name Countvrincle Participating Jurisdictions Program Launch Date Applications Received -0uantity Applications Receiw2o-sVolume CompletedTransaction�- Quantity Completed Transactions - s Volume CalFirst 183 ** ** ** ** 13 est. Seat 2014 OnDemand PACE 58 ** ** ** ** ** ** ** ** 12 HERO 158 Dec. 2011 est. 2015 ** ** ** ** 13 Feb. 2014 9 Lemon Grove, Carlsbad, Vista, Oceanside, San Marcos, Solano Beach. The other six cities in the county that have approved HERO are awaiting judicial validation. LeSar Development Consultants I July 2014 j Page 13 of 16 22 Policy Memo: Enabling PACE Financing in National City 4. Recommended Framework for National City At present, it is recommended that National City consider opting into the three JPA-run PACE programs within the state: t. California FIRST, 2. OnDemand PACE, 3. The HERO Program. National City's policy goals call for energy and water retrofits across building sectors, and making PACE financing available to those sectors is recommended. Opting into existing JPA-run PACE programs rather than establishing a new standalone program from scratch requires far fewer resources, makes PACE available more quickly, reduces program risk, and puts less of a participation burden on contractors, property owners and banks. Giving property owners (and contractors) multiple PACE options allows each to decide which program is best for their individual needs. This will help create a thriving, competitive market for PACE financing services, and the market will adapt more rapidly to meet the varying needs of diverse property owners. So far, among JPA-run PACE programs, results vary widely. No program in the commercial sector has yet had significant uptake in the marketplace although early results show some programs have been incrementally more successful than others. It is difficult to assess how much of this underwhelming uptake is due to the lengthy commercial sales cycle and how much is due to more fundamental shortcomings in program design and marketing. Competition is strong in the commercial sector and private capital is flowing to help PACEproviders adapt and hone their offerings. In the residential sector, the HERO program continues to demonstrate rapid uptake and growth, while other JPA-run programs are in the pre -launch stage. Residential HERO's results appear to be reliably achieved. The six San Diego County jurisdictions where the HERO program has been online for five months are each already seeing millions of dollars in approved residential applications. Meanwhile, Figtree and CaliforniaFIRST have yet to launch broad sector residential programs. As additional PACE program options become available, it is recommended that National City enable property owners to access those programs, provided they meet the following basic requirements: • There is no cost to National City. • There is no ongoing administrative burden to National City. • Participation does not inordinately expose National City to risk. • Participation does not inordinately expose National City property owners to risk. The residential HERO program, relative to the three commercial programs, takes the most progressive approach in dealing with the issues raised by the FHFA. When other jurisdictions refrained from bringing online residential PACE programs after 2010 for fear of FHFA reprisal, WRCOG and its constituent jurisdictions forged ahead with residential PACE in 2012. The FHFA and GSEs did not take the severe measures they once threatened. Developments since then have made it far less risky for other jurisdictions to follow. Additionally, the rapid uptake of the residential HERO model has eclipsed all other PACE programs, convincingly demonstrating that the benefits to participating jurisdictions outweigh the risks. LeSar Development Consultants I July 2014 1 Page 14 of 16 23 Policy Memo: Enabling PACE Financing in National City Departmental Ownership of PACE For many cities, there is a need to assign primary responsibility for the city's PACE programs to a single organizational unit. Anecdotally, it appears this responsibility most commonly resides with the Community Development division, although there is considerable variation between cities. For National City, the best choice is the organizational unit best suited to supporting the development of a thriving PACE and building retrofit market. Although there will be no explicit role for National City in the management and operations of PACE programs if the city opts into one or more JPA-run programs, there are still important functions the City should consider. These include: LeSar Development Consultants July 2014 Page 15 of 16 24 Policy Memo: Enabling PACE Financing in National City • Assuring that available PACE programs are integrated and cross -promoted with other City programs as appropriate, and leveraged to meet City policy goals, • Receiving community feedback regarding any marketing abuses related to PACE programs, and if necessary, taking action to correct them or discontinue the City's participation in an abusive program, • Considering the adoption of new PACE programs that meet City goals, • Exploring partnerships and initiatives to extend the reach of PACE to under -served segments of the community. Opting into a JPA-run PACE Program Opting into a JPA-run PACE program usually requires that Council approve two resolutions, which can be heard in the same session. One resolution is typically required to join the JPA (if National City is not already a member). Another resolution serves firstly to affirm that there are public benefits stemming from energy and water improvements to private property,'° and secondly to delegate authorities to the JPA needed to operate the PACE program on the jurisdiction's behalf." The table below lists the specific resolutions National City must adopt to opt into the three statewide JPA programs. Additionally, there are specific noticing requirements that must be followed in advance of the hearing where City Council considers such resolutions. Table 5: Required Opt -in Resolutions Program HERO Resolutions Required for Resolutions Required to Join Membership in JPA PACE Program 1. Associate Member Resolution 2. Associate Member Agreement 1. Program resolution OnDemand PACE 1. Associate Member Resolution 2. Associate Member Agreement 1. Resolution of consent CaliforniaFIRST None; National City is already a member �. Resolution to join program "This affirmation by City Council is a required step under AB 8tt. "Such as the authorities to place and collect assessments. LeSar Development Consultants i July 2o14 I Page 16 of 16 25 ATTACHMENT 2 26 CALIFORNIAthera Residential Handbook December 17th, 2012 A low cost financing program for homes in your community 27 Ohero Residential ProgramT"'Handbook CALIFORNIA Table of Contents 1 Program Introduction ., . 1 1.1 Program Overview. ..»..» » .__._ _ .._...._.___ _ ._.._... _ _1 12 Handbook Structure .»_._. __ _ ._ .» .___....___ . 1 1.3 Other Terms and Disclaimers...»..__.__......_....---..___..._____..._._.._._»..„q....».___._...._» ••• 1 2 Program Contact information .,. 2 2.1 Program Website_ 2 2.2 Program Offices _ Erroll Bookmark not lensed. 2.3 Program Call Center _..___.._........._._....._._.. �. 2 2.4 Program Contact Information and Other Useful Resources _._..._..._......._.._.._............ » _ __._..._.. ...„.__..._..2 3 Future Program Changes 3 4 Program Eligibility Requirements ... - 4 4.1 _.. 42 Eligible Property owners_ _._..5 4.3 Eligible Products. 5 4.4 Eligible Costs_ 6 4.5 Eligible Contractors ..7 4.6 Eligible Assessment Amounts....»...__ . 4.7 Eligible Assessment Term(s) _» 4.8 Eligible Rebate Programs and Tax Credits.. 7 4.9 Eligible Number of Assessments _ ..8 5 Program Requirements ... _ 8 5.1 Contractor Registration _.-_. ....». 5.2 Self -Install Agreement.__...__•__ _..___ _ .» .......».. _ _ .._.» ..»_ 8 5.3 Building Permits and Inspection _ ...».___.___ ._ . _» ..__._....._...»..__..._...._....._ ._..._._ -9 5.4 5.4 Fraudulent Activity _»_._..»._._.__...........»___._........9 5.5 Required Documents.._._.. _ _.__.... _ .»»__.. ....._ _ - 9 6 Financial Tonne ._ 9 6.1 Costs to Apply- _...» ......_........ ».._ __. __._........» 6.2 Assessment Costs ». ».._........ _ . _._ _.____ _ »» _ _. .... »»..__....._._. »..__.»..____..._ .......__.._ »9 6.3 Annual Repayments....__ _».»........ __...._....10 6.4 Prepayments........_._..........»_..._ 7 Program Process ... .. 11 7.1 Process Overview ...»,..........._..... _................... ..»___._......»....__.._.._..__».»..11 7.2 Step 1: Apply...._.__...Y.......»»..._..._.._._». •••••...._.._..__.._.....____.-»_....._..._..._.._...._.......».......»..___._.. 11 7.3 Step 2: Obtain Product Approval 13 7.4 Step 3: Sign Finandng Documents..._....._.._._.......__..-......_._.__ ........_._.._..___....... ..... ..»_14 7.5 Step 4: Install Eligible Products...........___._. _.._.._........_.._..__.._...._.....__,_,.._»._....__...__.....15 7.6 Step 5: Payment Issued__._.»......__._....._._.............._.._.._...__...._.._._._...»».....».».......�....»»...»».._.._..._.._.15 7.7 Record Lien on Property and Issue Payment 16 7.8 Add Assessment to Property Taxes_._.....„..».„.»...........__._....__._...._.._................-. _..__.__....._ 16 8 Dispute Resolution ._ 17 9 Additional Requirements and Tarns 17 10 Appendices . W seisms 18 Appendix A: Glossary of Terms Appendix B: Additional Requirements and Terms..-.....„,........,..„_._....».........»......_._.._..._ .... 22 Appendix C: Program Forms and Documents Appendix D: Eligible Products List26 28 Thera CALIFORNIA Residential Program Handbook 1 Program Introduction 1.1 Program Overview In 2008 and 2009, the State of California approved legisIation authorizing cities; and counties to establish voluntary programs to pay for energy efficiency, water efficiency, and renewable energy products which are permanently attached to property (-Eligible Products'). The California HERO Program (the "HERO Program" or "Program") was created to enable cities and counties to provide homeowners and busirresses with financing to pay for energy efficiency, water efficiency, and renewable energy products and their installation. The HERO Program has already helped thousands of residents reduce their utility bills, improve their property values, and lower their emissions. Once a city or county has signed up, homeowners may borrow money through the HERO Program. Homeowners repay the financing through their property tax bill. Participation in the Program Is completely voluntary. Property owners agree to repay the amount financed over a 5-,10-,15- or 20-year period. To see if your city or county is a participating HERO community, enter your zip code at www.herofinencing.com. If your city has not yet signed up, we recommend you contact one of your local elected officials and ask them to contact us so you can obtain HERO Financing. 1.2 Handbook Structure The purpose of the handbook is to help property owners apply for and receive financing for renewable energy systems and energy and water efficiency products. The handbook is divided into nine sections plus appendices, which will take the reader through the process necessary to complete and fund the Eligible Products. Section 1: Program Introduction provides a brief overview of Program basics; Section 2: Program Contact Information; Section 3: Future Program Changes to the Handbook Section 4: Program Eligibility describes eligibility requirements for residential properties, property owners, and Eligible Products; Section 5: Program Requirements outlines the requirements for Program participation; Section 6: Financial Terms outlines the cost of the Program; Section 7: Program Process provides a detailed description of the Program process; Section 8: Dispute Resolution provides summary of steps to take if an applicant wishes to dispute decisions by the Program; Section 9: Additional Requirements and Terms provides information about additional Program requirements and terms; and Appendices: Appendices provide important forms, defln#lons and Eligible Products List, which are required by the Program. For purposes of the handbook, all references to 'days* are in calendar days, unless otherwise specified. 1.3 Other Terms and Disclaimers All applicants must (and interested parties such as contractors should) reed the Additional Terms and Requirements in the Appendices. This section outlines many of the legal issues associated with the Program, including the responsibilities and obligations of both participating property owners and Program staff. 1 29 Ahem- CALIFORNIA Residential Program'"' Handbook 2 Program Contact Information 2.1 Program Website The Program website provides a variety of useful Information, Including Information on how the Program works, Eligible Products, available rebates and tax credits, a list of contractors who have registered with the Program and attended the Program orientation, and Program news and events. In addition, residential property owners will be able to apply online and contractors will be able to register online. Frequently Asked Questions, the Eligible Products List, and certain other documents will also be available for download. The Program website address is www.herofinancna.corn. 2.2 Program CaII Center Property owners and contractors may call (877) 747-4889 to ask questions about the residential financng Program or request a copy of the application by mail or email. Program Call Center hours are 8 am to 9 pm, Monday through Friday, and 10 am to 6 pm on Saturdays. Please see the Program website at www.herofinancina.com for recent updates about the call center operation times, phone number and other relevant information. 2.3 Program Contact Information and Other Useful Resources General questions about the Program can be answered by visiting the Program website at www.herofinancina.com, calling the Program's toll free number at (877) 747-4889, orclicking That Now" at the top of any HERO Program webpage. Program Contacts WRCOG (the "Agent') Renovate America, Inc. Phone Number(a): (951) 955-7985 (800) 350-4845 Program Coll Center Number. (877) 747-4889 Program Fax Number: (858) 385-0379 Program Email: aueatlonsetheroflnancino.com Contractor Email: contractoretheroflnancing.com Address: Riverside County Administrative Center Annex 4080 Lemon Street, 3'" Floor, MS 1032 Riverside, CA 92501-3609 16935 West Bernardo Drive, #150 San Diego, CA 92127 Other Useful Infonnetlon Building Performance Institute BPI is a national standards development www.bol.om and credentialing organization for (877) 274-1274 r.eldential energy efficiency retrofit work — providing tralnrng through a network of bating affiliate organizations, Individual oeNNcations, oompany accreditation and quality assurance programs. 2 30 State and Local Rebates hero CALIFORMIA Ca&CERTS California Building Performance Contractors Association California Solar Initiative (Go Solar California) Contractors State License Board CeICERTS is an approved California Energy Commission (CEC) Home Energy Rating System (HERS) Provider. CalCERTS, Inc. is a private organtra1Ion that provides servos, support, training and oerfflcatlon to HERS raters. CBPCA is a non-profit 501 aB trade association that develops, trains and promotes whole house energy-eliident retrofitting for contractors and professionals In the building performance Industry. BPI and HERS mining end certfication are avalabie. The California Solar initiative (CSI) is the solar rebate program for California conswnerra that are customers of the Investor -owned utilities, Inducting 8outem Catifornis Edison (SCE). The Contractors State License Board (CSLB) protects consumer by loaning and regulating California's construction industry. DSIRE DSIRE Is a comprehensive source of Information as state, federal, local, end utility Incentives and policies that support renewable energy and energy efficiency. Energy Star Energy Star is a government -backed program helping businesses and IndhMduals protect the environment through superior energy efldancy. Energy Star provides energy efficiency standards, quelled and labeled energy efficiency products and recommended Installation methods, among other things. Federal Tax Credits Information page about federal tea credits available for energy efIclency and renewable energy Improvements. See your local ufrrty company Information above. See also, Energy Upgrade California to search for rebates by zip code. Title 24 Hot Lie The Title 24 hotline Is provided by the California Energy Commission and le Intended to help contractors and others interpret and understand the rules In Calfomi's The 24 regulations for new construction of and rebofiWng of realderdial end commercial buildings. Residential ProgramTm Handbook hltasi/www.calcerts.00m/ (877) 437-7787 h8o://ihedmsa.o1g/ (510) 4336042 lwio.Mwrw.GoSolarCelfomla.ea.00v (888) 584-7436 (technical) Solar PV— SC Edison (800) 799 4177 (general) Solar PV — SC Edison (800) 799-4177 Soler Thermal — SC Edison (800) Gee-2000 SolerThermal — SoCalGas www.cslb.ca.gov [Y.S— 8L dude Contractors License Status 1(800) 321-CSLB (2752) www.dsireusa.orq wonv.eneraystancov Energy Star Hohne for specific questions about specific products (888) 782-7937 www.enernvsaversgov/lnanclalf70010.htm1 See local utility company information above. Bee also Energy Upgrade Celfomfa, JHmsJ/enernvuoe adeca.orafcountvhtversid'sdovervlew (800) 738-4777 SC Edison EUC Program (800) 427 2200 SoCalGes EUC Program www.enegw ca.aov/dldenov/IwWne html (800)772.3300 Mon. -Fri. 8AM-12 PM, t PM — 4:30 PM 3 Future Program Changes The Agent reserves the right to change the Program and its terms at any time; however, any such change will not affect a property owner's existing obligation to pay the contractual assessment agreed to in an executed Assessment Contract. A property owner's participation In the Program will be subject to this Handbook and other documents signed as part of the Program. If any provisions of this Handbook are determined to be unlawful, void, or for any reason 3 31 Ahero' CA1.1,G11t1A Residential ProgramTM Handbook unenforceable, then that provision shall be deemed severable from the Handbook and shall not affect the validity and enforceability of any remaining provisions. 4 Program Eligibility Requirements Potential property applicants should carefully review thls section in order to determine whether they are eligible for the Program before submitting an application. 4.1 Eligible Properties To be eligible, the property must pay property taxes. Residential properties are generally eligible, with the following limitations as set forth below: 4.1.1 No "New Construction" Only improved properties will qualify for Program fmancing. New construction is not eligible, unless ownership has been transferred from the developer to the property owner. 'New construction' Includes new homes under construction and additions to existing structures. 4.1.2 Mobile Homes, Manufactured Homes, Condominiums, and HOA's Mobile homes and manufactured homes are eligible 11 the homes are permanently attached to the real property, and if the mobile/manufactured home owner(s) also own the underlying land and pay real property taxes (not DMV fees). Condominiums are eligible, but may be restricted as to the Eligible Products that may be installed depending on the rules of the condominium association as well as the physical design of the unit. Condominium owners who are approved for Program financing will be required at the time they request specific Eligible Product approval, to provide written authorization by the condominium association's management stating that the property owner Is allowed to install the requested Eligible Products. Single tangy homes that are subject to HOA restrictions may also be required to provide written documentation that any solar systems, cool roofs, windows and doors, or other improvements restricted by the HOA, meet the HOA guidelines or requirements. 4.1.3 Property Must Be Located in a HERO Community All financed properties must be located in a city or county that has signed up to be a HERO Community. To see if your city or county is a participating HERO community, enter your zip code at www.heroflnanolna.com. If your city has not yet signed up, we recommend you contact one of your local elected officials and ask them to contact us so you can obtain HERO Financing. 4.1.4 Maximum Assessment to Value Amount Mortgage -related debt on the property must not exceed 90% of the value of the property. The amount to be financed under the Program may not exceed 15% of the value of the property. The combined amount to be financed under the Program plus the mortgage related debt must not exceed 100% of the value of the property. 4.1.5 Liens on Property In addition, the property must not have any federal or state income tax liens, judgment liens, mechanic's liens, or similar involuntary liens on the property. Prohibited liens do not include community facility district assessments or 4 32 hero CALIfOIMIA Residential Program"'' Handbook other financing district hens placed on all properties In that particular financing district. Any non -mortgage -related debt will be subject to review. The property also cannot currently be an asset in a bankruptcy proceeding. 4.2 Eligible Property Owners In addition to the property eligibility requirements, residential property owners must meet specific criteria In order to be eligible to participate In the Program. The eligibility criteria for residential property owners are set forth below. 4.2.1 Property Owners: 1. Applicant(s) must be the property owner(s) of record; 2. Property owner(s) must be current on their property taxes for the prior twelve (12) months; 3. Property ownam must be current on all property debt at the time of appikaltion and cannot have had more than one 30 day mortgage late payment over the previous 12 months; 4. Property owner(s) have not declared bankruptcy in the past seven (7) years and the property is not currently an asset In a bankruptcy proceeding, provided, however, that It the bankruptcy is more than two years old, and If Property owner has no additional derogatory credit, the Property owner may be approved; and 5. All property owners must sign all required documentation, including but not limited to the application, the Completion Certificate and the Assessment Contract with all other required Financing Documents. 4.2.2 Trust Ownership of the Property If the subject property Is owned by a Trust, the property is eligible for Program participation if adequate documentation of the Trust and the applicants' authority under the Trust Is provided with the application. All Trustees must sign all Program documents, including the Assessment Contract. 4.2.3 Business Entity Ownership of the Property if the subject property is owned by a business entity, the property Is eligible for Program participation if adequate documentation of the business entity and the applicants' authorization to act on behalf of the entity is provided with the application, such as a corporate resolution authorizing named officers to apply and sign the Assessment Contract and other Program required documents on behalf of the corporation. 4.3 Eligible Products The Program offers financing for various energy efficiency, renewable energy, and water efficiency products ('Eligible Products'). 4.3.1 Eligible Products Must Be Permanently Fixed, New Products Only permanently fixed, new Eligible Products can be financed by the Program financing. Remanufac tuned, refurbished, slightly used, or new equipment transferred from a previous Iocadon are not eligible. Previously installed products are not eligible for Program financing. Also, products that are not permanently fixed are ineligible, Including appliances, light bulbs and other non-fbctures. 4.3.2 Proposed Products Must Meet Minimum Eligibility Requirements There are minimum efficiency and/or other requirements for each Eligible Product. A complete list of eligible Products with minimum efficiency and other specifications for residential properties Is available on the Program 5 33 Ohero- CALIFORNIA Residential ProgramTm Handbook webslte www.he roflnanclna.com. Property owners should confirm with their oontractor(s) that only bids with at least the minimum specifications set forth in the Eligible Products List will be acceptable for Program financing. Before installing Products, contractors or property owners are required to obtain approval of proposed Eligible Products, which they can do by calling the Program (see Section 7.5.1). When calling in, contactors or property owners will need to have all details such as manufacturer, model number, and other typical identification information readily available in order to complete eligibility approval in a timely manner. Before calling the Program to get approval, contractors or property owners may also explore both Eligible Products and eligible models using the "Product Look Up' function of the Program website(www.herofinandno.00m/ElloibleProducts). 4.3.3 New Products and Custom Protects May Be Eligible Property owners who would like to install a product that is not on the Eligible Product List can fill out and submit a New Product Request Form. This form is typically filled out by the contractor. The new product will review the request and determine if the product meets necessary energy efficiency and performance attributes. A decision Is made to either add the new product to the Eligible Product List, not approve the new product, or consider it a custom project A custom project Is defined to be a one-time requirement whereby the circumstances are such that the project (product included) passes the Energy and/or Water efficiency scrutiny in the specific case that is being requested. It would not be feasible or necessarily be applied to other homes such that it should be considered a new product or placed In the Eligible Product List. The Program reserves the right to approve or disapprove of new products and custom projects. 4.3.4 Solar Systems Must Meet CSI Requirements All solar PV and solar thermal systems must use California Solar Initiative (CSI) eligible equipment and must be installed according to CSI requirements. The Program recommends that energy efficiency measures be completed prior to installing solar PV systems, as reducing a property's energy demands may also reduce the recommended size of the renewable energy system. Additionally, the Program will not finance any structural alteration of the roof, the building, or the property related to the Installation of a solar system. 4.4 Eligible Costs Eligible costs under the Program indude both the cost of the equipment and the installation costs. Installation costs may include, but are not limited to, energy/water audit costs, appraisals, labor, design, drafting, engineering, permit fees, and inspection charges. The installation may be completed by a licensed contractor of the property owner's choice who is registered with the Program or by a property owner who signs a Self -Install. Agreement. A property owner's own labor costs are not eligible costs for property owners who choose to self -install. For property owners who elect to complete their Program retrofits at the same time as a larger remodeling project, financing is only evadable for the retrofitting of the existing structure with retrofit Eligible Products. Repairs to the existing building's envelope, systems, and/or infrastructure are not eligible except where they are caused by the installation of the Eligible Product. 11 a property owner is planning to finance Eligible Products Included in a larger remodeling project, they should first contact Program Representatives to determine what costs will be eligible for financing. The cost of installing the Eligible Products must be reasonable and accomplished within industry cost guidelines. The Program shall have the right to refuse to advance any portion of a Completion Certificate that exceeds such guidelines, and/or to request additional documentation or other information to determine the reasonableness of any Completion Certificate. 34 •hero CALDORRIA Residential ProgramTh Handbook 4.5 Eligible Contractors Only contractors who have registered with the Program may complete Program -financed installation work, unless the property owner chooses to do the work him or herself and signs a Self -Install Agreement. Contractors may register with the Program tf they have an active license with the California Contractors State License Board rCSLB'), including meeting the CSLB's bonding and workers compensation insurance requirements and agree to all Program terms and conditions. In addition, contractors may only Install Eligible Products for which they have the appropriate CSLB license. All Solar PV and solar thermal systems must be installed by a CSI registered installer holding the correct contractor's license. • Property owners independently choose which contractors will work on the Installation of their Eligible Products. The Agent, Renovate America, Inc., and the Program do not endorse contractors who register with the Program, any other person Involved with the Installed products, or the design of the products, or warrant the economic value, energy savings, satiety, durability or reliability of the Eligible Products. A current listing of contractors registered for the Program who have also attended the Program orientation can be found on the Program website (www.herofinancing.com/FindContractors). If an Eligible Product is self -installed, financing will not be available for the property owner's labor and property owner(s) must first sign a Self -Install Agreement before beginning the project. 4.6 Eligible Assessment Amounts The minimum assessment amount is $5,000. The maximum assessment amount Is 15% of the value of the property not to exceed a combined mortgage and assessment contract amount of 100% of the value of the property or not to exceed $200,000. For residential properties, the value of the property will be the market value based on an automated valuation model ('AVM') value provided by a third party independent vendor. If an AVM value is not available for a particular property, the Program will use the assessed value unless the property owner can provide a recent appraisal. In addition, ff you disagree with the AVM value, you may choose to pay for an appraisal from a licensed appraiser and the Program will review the appraisal and determine whether it may be used for eligibility calculations. 4.7 Eligible Assessment Term(s) Assessment Contracts may include financing with a 5-, 10-, 15- or 20-year terns, but the financing term may not exceed the 'useful life' of the installed Eligible Product. A listing of Eligible Products and useful life can be found in Appendix D. The Program reserves the right to approve a different assessment term than requested based on the useful life of the Eligible Product(s) to be installed. 4.8 Eligible Rebate Programs and Tax Credits For energy efficiency, renewable energy, and water efficiency Eligible Products, various federal tax credits, state and local rebates, and incentive programs exist. Not all Eligible Products eligible under the Program will qualify for federal tax credits and/or state or local utility rebates. For example, some of the federal tax credit specifications require a higher energy efficiency standard than those required by the Program. For information on rebates and tax credits, please visit the rebates pages listed in Section 2.4 above, Including Energy Upgrade California at jittosJ/enervvuooradeca.ora/county/riverside%overview, which allows a zip code search for a comprehensive list of different types of rebates available in the area. Other resources include a 'Rebate Locator on the Energy Star website (htto://www.enerovstar.gqv) and a "Rebate Finder' on the WaterSerse website 35 7 hero CALIFORNIA Residential ProgramT"" Handbook 4.8.1 Deductions from Financing Amount All available up front federal, state, or utility rebates that are assignable to the contractor must be deducted from the assessment amount at the time of financing. Performance -based incentives which are paid over time, such as the CSI PBI rebate, will not be deducted. State or federal tax credits and rebates that are not assignable to the contractor will also not be deducted from the assessment amount, but property owners may wish to consider these additional benefits in determining the amount of their financing request. 4.8.2 Solar Rebates and Program Participation Property owners who plan to install solar photovoltaic ("solar PV') or solar thermal water heating systems must be eligible for and participate in the appropriate California Solar Initiative ("CSr) rebate program, unless rebates are not available or the property is currently not connected to the utility grid (solar PV only). Most solar installers can assist property owners with applying for these rebates. 4.9 Eligible Number of Assessments A property owner may apply for another assessment under the Program for the same property or an additional property(s), as long as all assessments under the Program for a particular property owner still meet all Program guidelines as to maximum assessment limits. 5 Program Requirements 5.1 Contractor Registration All contractors who install Program -financed Eligible Products must register with the Program. Any contractor who is licensed by the State of California and is in good standing with the Contractors State License Board ("CSLB'), including meeting all applicable bonding and insurance requirements, and who meets any fraud check requirements, is eligible to register with the Program. Contractors must also agree to abide by all Program terms and conditions, including: • Pulling permits as required by the local building department; • Obtaining approval of proposed Eligible Products In advance by calling the Program or completing the Custom Product Application process; • installing Eligible Products that meet the required eligibility specifications; and • Oniy Installing Eligible Products for which he/she has the correct contractor's license; Contractors who also attend a Program orientation wil be listed on the Program website. The Program, the Agent, and Renovate America, Inc. do not endorse contractors who register with the Program or any other person Involved with the installed products, the design of the products, or warrant the economk value, energy savings, safety, durability or reliability of the Products. 5.2 Self -Install Agreement For property owners who goose to self -Install Program -financed Eligible Products, those property owners will need to sign a Self -Install Agreement where they agree to follow the Program requirements, including: 36 .hero- CALIFORNIA Residential Programm Handbook • Pulling permits as required by the local building department; • Obtaining approval of proposed Eligible Products in advance by calling the Program or by completing the Custom Product Application process; and • Only Installing Eligible Products that meet the required eligibility specifications. 5.3 Building Permits and Inspection Property owners are responsible for obtaining any required building permits for Eligible Products. tf permits are required, the pulled permit documentation must be submitted with the Completion Certificate. Property owners should speak with their contractors to determine if their Eligible Products will require a permit and/or inspection. Program staff may also schedule an on -site validation visit to confirm that the approved Eligible Product was fully and permanently installed before approving a submitted Completion Certificate. 5.4 Fraudulent Activity Any misrepresentations made to the Program in the application, the contractors bid or any other document at any time during the Program is likely to cause the property owner and/or the contractor to be terminated from the Program and may result in legal action. For example, this may result In a refused application, a notification that any installed Eligible Products will be at the expense of the property owners, or a legal proceeding, chill or criminal, to recover any fraudulently obtained funds. 5.5 Required Documents Required documents must be submitted at different steps In the Program process. For a list of required documents which must be submitted and when they need to be submitted, please see Section 7, Program Process. 6 Financial Terms 6.1 Costs to Apply There are no costs to apply for HERO Financing. 6.2 Assessment Costs Below are the costs to utilize Program financing for the installation of Eligible Products on your property. 6.2.1 Program Financing Fee A Program Financing Fee is a onetime fee of 625% added to the balance of the assessment at the time of dosing which covers the costs of administering the Program. The amount of the Program Financing Fee is identified on the Program website and In the Financing Documents. 6.22 Interest Rate 37 9 Ahem- CALIFORNIA Residential Program." Handbook The interest rate for the assessment will be based on market rates. The final Interest rate will be set at the time the Financing Documents are issued and sent to the property owners. The current estimated interest rate(s) will be available on the Program website, with the actual interest rate identified In the Financing Documents. 6.2.3 Interest Before First Payment Based on the closing date of your assessment, payments on your assessment may not begin until the following year's tax statement. This is the amount of Interest that Is added to the assessment amount for the period between your closing date and the date of your first assessment payment. The amount of interest for your assessment will be included on your Financing Documents. 6.2.4 Recording Fees Property owners will need to pay for any and all fees their respective County charges to record the assessment lien documents and related notices. These fees are added to the assessment amount. The total County recording fee amount will be listed on the Assessment Contract. 6.2.5 Annual Assessment Administrative Fee Additionally, each year, an annual assessment administrative fee will be added to the assessment lien amount on property tax bills. This fee covers the annual costs to place the lien on your property tax bill and manage the tax payments. The annual assessment administrative fee will be identified in the Financing Documents. 6.3 Annual Repayments Property owners will repay principal and interest over 5,10,15, or 20 years, depending on their approved term. Payment will be billed and paid through a separate line item on the property owner's property tax bill. As with other property taxes, the assessment payment is due in one or two installments each year. The payment schedule will be attached to the Assessment Contract that property owners sign, which sets forth the annual amounts due during the assessment term. Failure to repay the assessment lien will result In Interest and penalties and may result in foreclosure, as with other property tax payments. 6.4 Prepayments Property owners may choose to prepay their assessment Ilen In full or In increments of $5,000 at any time. However, If you do prepay the assessment lien, you will need to pay (I) the principal amount of the assessment to be prepaid (the "Assessment Prepayment Amount"), (11) a prepayment premium computed as set forth below, (iii) interest on the Assessment Prepayment Amount to the Mier of March 2 or September 2 occurring at Nest 90 days following the date the prepayment is made and (iv) a processing fee of up to $500. The prepayment premium is determined as follows: Year 1: Year 2: Year 3: Year 4: Year 5: Years 6-20: 5% of Assessment Prepayment Amount 4% of Assessment Prepayment Amount 3% of Assessment Prepayment Amount 3% of Assessment Prepayment Amount 3% of Assessment Prepayment Amount No penalty. In order to prepay, the property owner will need to contact the Program to initiate the prepayment process. If the assessment Is to be repaid In full, this will include a cakxdation of the princpal, interest and prepayment costs. 10 38 hero CALIFORNIA Residential Programme Handbook 7 Program Process The Program Process section describes the entire process for residential property owners, contractors, and Program Representatives from before the project begins, though all steps of the financing process. 7.1 Process Overview The chart below shows the -steps for the completion of a residential project financed through the Program: rz 1 7.2 Step 1: Apply APPlY Property owner salmis application wine, through a con motor, or by twd copy. Product Approval Contractor or property owner calls HERO Program Representative ugh specific product detail beforebnnntairg produols. Sign Financing Documents Property owner is emoted Rnwwing Deponents, whth they sign and return. Install EGgibie Products Payment Issued The oor6sator and property on must sign and se/ni a completion Certificate. Payment is then issued. 7.2.1 Application Each property owner will need to complete an application and pay the application fee, If applicable. Property owners have the option of submitting the application: 1. online: www.herofinancing.com 2. fax: (858) 385-0379, 3. email: questions©herormancing.com, 4. mall or in person: HERO Program, 18935 West Bernardo Drive, Suite 150, San Diego, CA 92127, or through a contractor registered with the Program. Submission of an application does not guarantee that a property owner will be approved for financing. Also, If a property owner proceeds with Installation of any Eligible Products prior to receiving approval, the property owner risks becoming Ineligible for Program financing. Furthermore, If ri property owner Is approved for financing but then installs products that are not eligible, that project will not be funded. 11 39 Ahera- CALIrOa.IA Residential ProgramTm Handbook By submitting an application, property owners are specifically authorizing and agreeing that the Program staff has permission to obtain a credit report for each property owner and any other Informational reports needed to verify bankruptcy and current property debt, obtain a property valuation, verify the property owners' declarations regarding tWe to the property and current and historical property tax status, and complete any other necessary record checks to verify information in the application or confirm eligibility for the Program. 7.2.1.1 Secure Online Application A secure online application for the Program is available on the Program website (www.herofinancina.00m). The online application is a step-by-step process where each applicant provides personal and property information. Applicants who receive an'approved° response to their application may then obtain approval of the proposed Eligible Products by calling the Program at (877) 747-4889 (see Section 7.5.1 for details). Applicants Who receive a "conditionally approved" or 'in review' message regarding their application will be contacted by a Program Representative once the application has been reviewed, but may also correspond with the Program either by email at cuestionstilherofinancina.corrt or through the call center at (877) 747-4889. Applicants will also receive notification entails regarding their application status. 7.2.1.2 Hard Copy Application In addition to the online application, a hard copy application is also available for property owners to fill out. The applicant may obtain the hard copy application by downloading it from the Program website, calling Program Representatives at (877) 747-4889, emalling Program representatives at questions®herofinancing.com. Program information and documents are available through these same methods. Once completed, a property owner may submit a hard copy application by mall, e-mail, facsimile, or in person to the contact Information stated above. 7.2.1.3 Contractor Call In Contractors who have registered with the Program may call in an application to the Program and receive approval over the phone. Contractors and the property owner must fill out the hard copy application, provide that information over the phone, and then fax, emall or mail a signed version of the application copy smelled by the Program to the property owner. As with the online application, calling in and then faxing or emailing the signed application allows quick processing and official notification of financing eligibility. 7.2.2 Application Results Applicants will receive official notification of the status of their applications immediately If applying through the online system or through the contractor call in method (with a confirming email). If applying through a hard copy application, the Program will notify applicants of the application status determination by email or mallonce the application is processed. There are four possible application review results: Approved. An application will be approved if Program staff has verified all of the items listed in the Eligibility Requirements for properties and property owners. An 'approved' applicant will receive an Approval Letter with instructions about the next steps for obtaining Program approval of Eligible Products, signing Financing Documents, installation of Eligible Products, and submitting the Completion Certificate. An 'approved' applicant must comply with all Program requirements for these items, or will not be approved for funding at a later date. Conditionally Approved. An application will be conditionally approved if all the submitted information meets the underwriting eligibility requirements, but, based on certain information that was encountered during processing, additional information or documentation is required. if the property owner compiles with the listed additional condltbns, the application will then be approved. Examples of 'conditions' that might be required are trust documents for property in a trust's name or corporate authorization 12 40 'hero CatIra,IRIA Residential Programm4 Handbook documentation when the property is owned by a corporation. It is within the Program staffs discretion to request specific types of documentation depending on the issues with the application. In Review. An application will be reviewed If the Program staff and/or the automated underwriting system is unable to connect the property with the property owner using the information that was submitted by the applicant or any Issues arise during verification of eligibility requirements. in review' applicants will be notified by email or mail of the issues that need to be resolved before the application can move forward. If the applicant has any questions, he or she can always call the Program to speak with a Program representative at (877) 747-4889. Denied. An application will be denied if Program staff determines the applicants or the property do not meet the ellgib®ity requirements. A property owner sal be notified In writing by milli of the specific reason(s) why his or her application was denied. If the property owner believes there has been an error based on the stated reasons in the declination letter and is unable to resolve it quickly by contacting Program staff, the property owner must follow the steps set forth in Section 8, Dispute Resolution, in order to formally contest the Program's decision. 7.3 Step 2: Obtain Product Approval Property owners must obtain approval of all Eligible Products to be installed PRIOR to installation. 7.3.1 Scope of Project - Obtain Quote Property owners must determine which Eligible Product(s) they wish to finance through the Program. Property owners can work directly with an energy/water auditor and/or contractors to determine the scope of their project. Funding Is only available for products listed on the Eligible Products List and Custom Products, if approved by the Program. Contractors or self -installing property owners may explore what products and models are eligible by using the 'Product Look Up' function of the Program website at www.herofinancing.com/EligibieProducts. It is highly recommended that property owners perform a comprehensive energy/water audit on their property before considering any Eligible Products. A comprehensive audit applies building science principles from data collected on the subject property utilizing sophisticated diagnostic equipment including a Mower door, duct blaster, and digital Infrared camera to precisely detect the cause and measure the effects of building performance related problems. To find an energy auditor, contact the California Building Performance Contractors Association (CBPCA), Building Performance institute (BPI), CaICERTS, or RESNET. Some energy auditors also provide home performance contracting work and specialize in energy efficiency products. As some homes may not have proper solar exposure or the structural framework to support the weight of a system, property owners who are considering the installment of a solar PV or solar thermal system are encouraged to contact one or more qualified solar system Installers for a free solar site evaluation. Also, property owners should register and then complete the rebate process for their solar PV projects with CSI, or the appropriate local utility, when available. Please note that structural work to support a solar system is not eligible for financing even If the system itself is eligible. 7.3.2 Eligible Product Look Up Prior to submitling an application, contractors and property owners may do preliminary research whether a product is eligible in two ways: download and review the current Eligible Products List from the Program website or use the 'Product Look Up' function of the Program website (www.herofnancina.00m/EllalbleProducts) to 13 41 Ahern CA11fOANUA Residential ProgramTM Handbook explore eligibility of particular products in advance. While the Eligible Products List provides the required specifications, the 'Product Look Up' page allows users to look for specific models. However, property owners may not purchase or install Eligible Products until they have received an email from the Program with an attached Completion Certificate, listing the approved Eligible Products (including the particular model and its cost) for all of the items they plan to install. 7.3.3 Contact Call Center for Product Approval Contractors or property owners will need to call the Program at (877) 747-4880 to obtain approval of specific Eligible Products and installation costs before Financing Documents are emaled to the property owner and Eligible Products are installed. The installation cost provided by the contractor or property owner is a "Not to Exceed' amount and the final invoiced amount of the project may not exceed this amount This process should be followed for each Eligible Product Included in the project. If a different Eligible Product or model needs to be installed, the contractor or property owner must contact the Program representatives again and repeat the process outlined above. To help determine which Eligible Products to install, the current Eligible Products List and the minimum specifications and/or Installation requirements for each Eligible Product is available on the Program website (www.herofinencina.com/EliaibleProducts). In addition, contractors and property owners may use the 'Product Look Up" function of the Program website (www.herolinanclna.con/ElioibleProducts) to explore eligibility of particular model numbers or product requirements in advance. 7.3.4 New Products or Custom Projects If a property owner wishes to finance a product that Is not listed on the Eligible Products List, he or she must complete the New Product Request Form. The property owner and contractor will need to provide the following: (a) the product/project they wish to install; (b) the cost to Install; (c) the basis for eligiblity (energy savings, water savings, or renewable energy production); and (d) the product they are removing. During review, Program Representatives may request additional documentation or additional contractor(s)' bid(s) for proposed products/project for any reason, including ff the Program determines that the submitted bid(s) appear to be unreasonable as to cost or scope. The Program reserves the right to deny any New Product or Custom Project. Reasons for dental may include any of the following: if It appears that the proposed product is not cost effective, is too experimental or unreliable, the claimed energy or water savings or renewable energy generation product is not dearly supported, the costs do not appear to be in conformance with Industry standards, or installation of the product may violate local laws or regulations. The Program will provide a written explanation for any denial of a New Product Request Form. 7.4 Step 3: Sign Financing Documents After products are approved, Program Representatives will email property owners their Financing Documents, which must be signed and received by the Program et 16935 West Bernardo Drive, Suite 150, San Diego, CA 92127 4v the date stated on the signature page of the Assessment Contract: 1. Signed Assessment Contract with exhibits thereto; 2. Signed Application; and 3. Acknowledged Right to Cancel. 14 42 Ahem CAUIORNIA Residential Program Handbook The due date on the signature page of the Assessment Contract will generally be ten (10) calendar days from the date of issuance of the Financing Documents. This means that the original, executed Financing Documents must be received by the Program by the dose of business on the stated due date. If all property owner(s) for a particular property fail to sign end submit Financing Documents by the required date, new Financing Documents will need to be issued with a new interest rate. Repeated delays requiring repeated reissuance of Financing Documents, however, may result In a cancellation of approval or processing fee charges for Program financing. The property owner will also receive an email, which informs the property owner and contractor of the next steps. Inducted with the Financing Documents will be the Completion Certification, which will list the approved Eligible Products. 7.5 Step 4: Install Eligible Product(s) Installation may only be completed by a contractor who has registered with the Program or by a sell -installing property owner. Eligible contractors may register with the Program if they have met all the requirements and sign an agreement to comply with all Program terms and conditions. Property owners who are self -installing must notify the Program when they call in for Eligible Product approval that they are self -installing and must submit a signed Sell -Install Agreement with the Completion Certificate. See Section 4, Eligibility Requirements. All Eligible Product instafations, inspections or validations, and submission of the Completion Certificate and required attachments must be completed within the date indicated on the Completion Certificate. Applicants who are completing larger projects and/or who believe they need more time may contact the Program to come to an agreement on an appropriate completion period. If the approval period expires without the Program agreeing to an extension In writing, the property owner may be required to slgn new Financing Documents. The Program, the Agent, and Renovate America, Inc. do not endorse contractors who register with the Program or any other person involved with the installed products, the design of the products, or warrant the economic value, energy savings, safety, durebliky or reliability of the products. 7.5.1 Building Permit Requirements Property owners are responsible for obtaining building permits and completing inspections, Including final Inspection sign -off, by the appropriate City or County Building Department. Property ownere are also responsible for ensuring that their Eligible Products have met all other applicable federal, state and local taws and regulations, including Title 24. Property owners should speak with their contractors to determine if their Eligible Products require a building permit and/or inspection and what requirements must be met. The Program has the right to schedule an on -site validation visit once the Completion Certlticate is submitted for any installed, Program -financed Eligible Products (see Section 7.8 below). 7.8 Step 5: Payment Issued 7.6.1 Submit Completion Certificate Once Installation Is complete, the property owner must submit an executed Completion Certificate and all required attachments to the Program for approval. To do so, the following conditions must be met (1) all Installed Eligible Products or Custom Products have been specifically approved by the Program in advance of installation and listed In one or more Completion Certiflcate(s); (2) all Eligible Products or Custom Products to be financed have 16 43 hero C IIVO11111A Residential Programml Handbook been completed and installed in compliance with Program rules; and, (3) property owner(s) are submitting a complete Completion Certificate within the financing period set forth in the application approval letter. The Completion Certificate must be submitted with signatures from the contractor and property owners with the following documents: 1. A final invoice from all contractor(s) or product invoice(s) if sell -installed; 2. If required by the jurisdiction, a pined permit from the appropriate city or county building department for all permitted Eligible Products or Custom Products; 3. If a solar PV or solar thermal system was installed, a copy of the CSI Rebate Reservation form, including the CSI Reservation number; 4. Specific Eligible Product Attachments: a) Window, door, skylight or window film — must attach peel off NFRC labels with Energy Star efficiency information (one for each financed window, door, etc.); c) Duct Sealing — must attach HERS Report; d) Airseaiing — must attach blower door test results; and 5. Signed Self -Install Agreement, if property owner self -installed any Eligible Products without using a contractor registered with the Program. A current list of the required attachments for the Completion Certificate will be provided on the Program website (www.herofinancing.com/HEROFinancing(HowltWorks) and on the Completion Certificate Instructions page that a property owner receives with their Completion Certificate. Completion Certificates and required attachments may be submitted to the Program by facsimile, emaL, mail or hand delivery. If an on -site validation visit is required before approval or the Completion Certificate is incomplete, Program Representatives will notify the property owner by email or mail of the next steps. 7.6.2 Right to Validate Products by Agent The Program reserves the right to perform Independent on -site validation(s) of any Eligible Products financed by the Program even if permit inspections have already been completed. If a validation visit is required, Program staff will schedule any such on -site validation visit with the property owner once a Completion Certificate has been submitted. 7.7 Record Lien on Property and issue Payment After receiving the executed Completion Certificate, the Program will record the assessment lien documents with the County of Riverside, issue bonds and issue payment. Payment will be issued to the contractor(s) listed in the Completion Certificate(s) and signed by the property owner, unless the property owner self -installed. 7.8 Add Assessment to Property Taxes For all property owners who sign Financing Documents, the Program will submit to the County a tax roll that identifies the tax lien and the assessment due. This assessment payment will appear as a separate line item on a property owner's annual property tax bilis for the term of the financing. 7.8.1 Assessment Payments on Property Tax BID Property owners who apply to the Program must be able to pay the agreed -upon assessment regardless of a chabge in personal financial circumstances, the condition of the property, or the condition of the newly installed 16 44 Ahem CALIFORNIA Residential Prograem Handbook Eligible Products. As with other property taxes, failure to pay the assessment MI result in penalties, Interest, end, eventually, foreclosure of the property by the Agent or the County Tax Collector. Recordation of the assessment lien on the property will establish a continuing annual Ilen. As with other property taxes, the property owner may pay the entire annual amount on the date the that installment is due OR he or she may pay in two installments on the dates such installments are due. If the property owner wishes to sell the property, under California law, property taxes typically stay with the property when it is sold and the same is true with assessments. Under the HERO Program, when a property owner sells or refinances their property, the Agent and the County will permit their assessment to stay with the property; however, the sellers lender or the buyers lender may require that the seller pay off the remaining outstanding balance of their HERO Program Assessment. Accordingly, depending upon the requirements of the lenders, the seller may be able to transfer the remaining balance to the new owner (or In the case of a refinandng allow it to remain with the property), or the seller may need to pay the unpaid balance at the time of transfer or refinance. Property owners should consult with their lenders at the time of refinance or sale of the property to determine whether their Program assessment will need to be paid In full. In addition, by law, property owners must provide notice of the assessment to the buyer prior to sale of the property. If a property owner uses an impound account to pay his or her taxes, he or she can contact his or her lender to increase monthly impound payments by an amount equal to the total annual assessment divided by twelve (12) months. The contractual assessment amounts and any associated ongoing fees will be based on the installation costs, Program financing fees, ongoing support fees and the effective interest rate of the Program. Amounts will be specified in the Financing Documents in the Schedule of Assessment Payments attached to the Assessment Contract. 8 Dispute Resolution The parties who have signed an Assessment Contract for the Program shall attempt In good faith to promptly resolve any dispute arising out of or relating to any Assessment Contract under the Program by negotiations between the Agent or his or her designated representative and the Property Owner. Either party must give the other party or parties ratan notice (sent by certified mail) of any dispute. Within thirty (30) calendar days after delivery of the notice, the Agent and the Property Owner shall meet at a mutually acceptable time and place, and shall attempt to resolve the dispute. lithe matter has not been resolved within thirty (30) calendar days of the first meeting, any party may pursue other remedies, Including mediation. Ali negotiations and any mediation conducted pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations, to which Section 1152.5 of the California Evidence Code shall apply, and Section 1152.5 is Incorporated herein by reference. Each party is required to continue to perform Its obligations under the Assessment Contract pending final resolution of any dispute arising out of or relating to the Assessment Contract. Property Owners who wish to dispute decision(s) made by the Agent, but who have not signed a formal Assessment Contract, shall use a similar process. Written notice must be sent by oerttfied mail to Westem Riverside Council of Governments at 4080 Lemon Street, 34 Floor, MS1032, Riverside, CA 92501-3809. The notice must identify the issue(s) for resolution, the circumstances Mat surround the issue(s), the section in the Handbook that the issue(s) pertain(s) to, and a timeline of events. Within thirty (30) calendar days after delivery of the notice, the Agent with the Property Owner, and shall attempt to resolve the dispute. The Agent shall render a written decision in 30 calendar days and send that decision to the Property Owner. The decision of the Agent is final. 9 Additional Requirements and Terms Additional requirements and terms for the Program are set forth in Appendix B to this Handbook. All Program applicants, borrowers, and contractors are subject to these additional terms as applicable. 17 45 0hera CALIFORNIA Residential Program Handbook 10 Appendices Appendix A: Glossary of Terms Annual Fuel Utilization Efficiency (AFUE): AFUE Is the standard measurement of efficiency for gas and oil- fired furnaces. Given in percentages, this number tells you how much of your fuel Is used to heat your home and how much fuel is wasted. The higher the AFUE rating, the greater the efficiency. Assembly Bill 811: Approved in July 2008 by the California legislature, authorizes cities and counties to establish voluntary contractual assessment programs to fund an array of conservation and renewable energy projects proposed by property owners. Assembly Bill 474: Approved in October 2009 by the California legislature, expands provisions to authorize the legislative body of any public agency, as defined, to determine that ft would be in the public interest to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments to finance the installation of eligible water conservation Products that are permanently fixed to real property. British Thermal Units (Btu): The amount of heat required to raise the temperature of one (1) pound of water one (1) degree Fahrenheit Building Performance institute (BPI): BPI is a national standards development and c redentialing organization for residential energy efficiency retrofit work — providing training through a network of training affiliate organizations, Individual certifications, company accreditation and quality assurance programs. BPI oerttfloations include building analysts (for energy audits) as well as building envelope professionals (envelope or manufactured housing) and mechanical professionals (heating or cooling). Building Permits: Formal approval of building plans by the designated government agency as meeting the requirements of prescribed codes. It Is an authorization to proceed with the constriction or reconfiguration of a specific structure at a particular site, in accordance with the approved drawings and specifications. California Solar Initiative (C8I): The California Solar initiative Is part of the Go Solar California campaign and builds on 10 years of state solar rebates offered to customers In California's investor -owned utility territories: Pacific Gas & Electric (PG&E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG&E). The California Solar initiative is overseen by the California Public Utilities Commission. California Title 24: California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code, is a compilation of three types of building standards from three different origins: • Building standards that have been adopted by state agencies without change from building standards contained in national model codes; Building standards that have been adopted and adapted from the national model code standards to meet California conditions; • Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns. California Title 20: Title 20, a California law Intended to drive down electrical energy consumption in the state, is having a noticeable impact on manufacturers, importers and retailers who produce or sell portable lamps. Coefficient of Performance (COP): The COP is the basic parameter used to report efficiency of refrigerant based systems. Commercial: Commercial entities are defined as all non-residential properties and include apartment buildings with five units or more and industrial properties. 18 46 hero CALI�OI MI" Residential ProgramTh Handbook Contractor: A person or business entity who contracts to erect buildings, or portions of buildings, or systems within buildings. Cool Roof: A cool roof reflects and emits the sun's heat back to the sky Instead of transferring it to the building below. "Coolness" is measured by two properties, solar reflectance and thermal eminence. Both properties are measured from zero (0)10 one (1) and the higher the value, the "cooler" the roof Cool Roof Rating Council (CRRC): The CRRC is an independent, non-profit organization that maintains a third - party rating system for radiative properties of roof surfacing materials. CSLB: The California State Licensing Board is the state entity in California that licenses and regulates all contractors. You may check a contractor's license status, as well as their bonding and workers compensation Information at any time on the CSLB website. Custom Products: Energy or water conservation products that require special approval to be financed through the WRCOG HERO Program because the products are not induded on the approved Eligible Products List. Custom Products should save energy or water or produce renewable energy for a reasonable cost. Energy Audit: An evaluation of energy consumption, as in a home or business, to determine ways in which energy can be conserved. Energy Efficiency Ratio (EER): EER is a measure of how efficiently a cooling system will operate when the outdoor temperature is at a specific level (Not). The higher the EER, the more efficient the system. Eligible Products: All Eligible Products listed in Appendbc D. Energy Star: EnergyStar is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy helping us all save money and protect the environment through energy efficient products and practices. Expected Performance -Based Buy -Down (EPBB): Systems smaller than 30kw In cap acity can receive a one- time, up -front incentive based on expected performance, and calculated by equipment ratings and installation factors (geographic location, tilt and shading). EPBB payments are provided on a $ per watt basis. Systems eligible for EPBB can choose to opt -in to the PBI system. Evapotranspiration (ET): ET is a term used to describe the sum of evaporation and plant transpiration from the Eerth's land surface to atmosphere. Heat Seasonal Performance Factor (HSPF): HSFP is the most commonly used measure of a heat pumps heating efficiency. The higher the HSPF, the more efficient the heat purnp. Home Energy Rating System (HERS): Based on the home's plans, the Home Energy Rater uses an energy efficiency software package to perform an energy analysis of the home's design. This analysis yields a projected, pre -construction HERS Index. Upon completion of the plan review, the rater will work with the builder to Identify the energy effidency Eligible Products needed to ensure the house will meet ENERGY STAR performance guidelines. The rater then conducts onslte inspections, typically including a blower door test (to test the leakiness of the house) and a duct test (to test the leakiness of the ducts). Results of these tests, along with Inputs derived from the plan review, are used to generate the HERS Index score for the home. Improved Property: Improved property Is land with one or more structures on It. ft Is the opposite of vacant or unimproved property. Only approved products on Improved Property are financeable through the WRCOG HERO Program. Interconnection Agreement: A legal document authorizing the flow of electricity between the faculties of two electric systems. Under the CSI Program, eligible renewable energy systems must be permanently Interconnected and operating In parallel to the electrical distribution grid of the utility serving the customer's 19 47 ..hero- CAL IFORNIA Residential Program Handbook electrical Toad. Portable systems are not eligible. Proof of interconnection and parallel operation S required prior to receiving an incentive payment. Investor -Owned Utility (IOU): For purposes of the Program, this refers to Southern California Edison Company. Kilowatt (kW): A unit of electrical power equal to 1,000 watts, which constitutes the bask: unft of electrical demand. The watt is a metric measurement of power (not energy) and Is the rate (not the duration over which) electricity is used. 1,000 kw is equal to 1 megawatt (MW). Kilowatt Hour (kWh): The use of 1,000 watts of electricity for one full hour. Unlike kw, kwh is a measure of energy, not power, and is the -unit on which the price of electrical energy is based. Electricity rates are most commonly expressed in cents per kilowatt hour. Market Value: Highest estimated price that a buyer would pay and a seller would accept for an item in an open and competitive market. Megawatt (mW): Unit of electrical power equal to one million watts; also equals 1,000 kw. Net Operating income (NOI): Net operating income is rental income of a property after operating expenses. These expenses would include all operating expenses, including maintenance, janitorial, supplies, insurance, accounting, management, etc. Participating Jurisdictions: The initial participating jurisdictions are the Cities of Banning, Calimesa, Canyon Lake, Corona, Eastvale, Hemet, Jurupe Valley, Lake Elsinore, Menifee, Moreno Valley, Murreta, Norco, Perris, Riverside, San Jacinto, Temecula, Wildomar, and the western unincorporated portion of the County of Riverside. Other member agencies of WRCOG may elect to participate in the future. Program: The WRCOG Energy Efficiency and Water Conservation Program for Western Riverside County. Agent: The WRCOG Executive Director and/or his designee are designated as the Agent and are authorized to enter into contractual assessments. Real Property: A property in Western Riverside County that is subject to a real property tax. Performance based Incentive (PBI): Solar Installations over 30 kw must take the PBI. Any sized system can elect to take PBI. The PBI pays out an Incentive, based on actual kwh production, over a period of five years. PBI payments are provided on a $ per kilowatt-hour basis. Renewable Energy: Electricity supplied by energy sources that are naturally and continually replenished, such as wind, solar power, geothermal, small hydropower, and various forms of biomass. Residential: Single terrify home, fewer than four (4) residential units. R-Value: R-Value is a measure of thermal resistance used in thebuilding and construction industry, usually for insulation. The higher the R-Value, the greater the insulation qualities of the product. Seasonal Energy Efficiency Ratio (SEER): SEER is commonly used to measure the efficiency of central aft conditioners and air source heat pumps. SEER measures how efficiently a cooling system will operate over an entire season. The higher the SEER, the more efficient the system. Solar Heat Gain Coefficient (SHGC): SHGC measures how well a product blocks heat by sunlight. SHGC Is expressed as a number between 0 and 1. The lower the SHGC, the less solar heat is transmitted into the building. Solar Rating and Certification Corporation (SRCC): The SRCC currently administers a certification, rating, and labeling program for solar collectors and a similar program for complete solar water heating systems. 20 48 !hero- CALIPORItiA Residential Program' Handbook Water Audit: Water Audit Is a qualitative and quantitative analysis of water consumption to Identify means of reducing, reusing and recycling of water. WaterSense: WaterSense Is a partnership program sponsored by the U.S. Environmental Protection Agency (EPA) with the goal of protecting the future of the US's water supply. By promoting and enhancing the market for water efficient products and services, WaterSense makes every drop count by leveraging relationships with key utility, manufacturer and retail partners across the U.S. Western Riverside Council of Governments (" WRCOG"): Is a joint powers authority representing the 17 cities, the Riverside County Board of Supervisors, and the Eastern and Western Municipal Water Districts. WRCOG is serving as the Agent to facilitate funding for property owners in participating Jurisdictions that meet the project approval and financing criteria provided herein. 21 49 •hero CALIFORNIA Residential Progranirm Handbook Appendix B: Additional Requirements and Terms In addition to the Program eligibility criteria and requirements descried above in the Handbook, the following additional terms are required of property owners who participate in the Program. Property Owner Agrees to All Program Terms By execution of the Assessment Contract documents, each executing property owner certifies that they have read, understood and agreed to the terms of the Program as outlined in the Program Handbook in addition to the terms of the Assessment Contract. Property owner also thereby certifies that the property owner(s), the property, and the products meet all Program eligibility requirements. Authority to Install Products By execution of the assessment contract documents, each property owner represents that he or she has the authority to install the approved products on the property named in the Assessment Contract documents. No Endorsement by Agent The property owner(s) agree that they understand that the Agents review of the proposed products and authorization for Program funding shall not be construed as confirming or endorsing the qualifications of the property owner(s), the contractors, or any other person involved with the products; endorsing the design of the products; or as warranting the economic value, energy savings, safety, durability or reliability of the products. Property Owner Is Responsible for Products, Permits and Inspections The property owner Is solely responsible for all products Installed on his or her property, including the selection of any contractor(s), energy auditor(s), or equipment, including manufacturers. Any perrormance related issues are the responsibility of the property owner and the property owner's contractor(s). Neither the Agent nor Its Agents are responsible for the performance of the products. Completion of all city and county permitting and inspections are the responsibility of the property owner. Program May Inspect Products The Program reserves the right to inspect any and all products financed by the Program at any time during installation or when a Completion Certificate is submitted to ensure compliance with the Program. Dispute Resolution The parties to any Assessment Contract under the Program shall attempt in good faith to resolve any dispute arising out of or relating to it promptly by negotiations between the Agent and an authorized representative of the property owner. Defaults on Assessment Payments After written notification, defaults in payment of assessments will result in the Initiation of foreclosure proceedings on the December id following such default. Rebates and Tax Credits Federal, state, or local laws or rebate programs may change at any time. Therefore, the Program is not liable for any Toss of or change in a rebate or tax credit. Property owners should consult with their tax advisors and/or accountants as to the applicability of any federal tax credits to their personal tax situation. Tax Deductibility of Contractual Assessment 50 •hero [al1IO11111A Residential Prvgramul Handbook Please confer with your tax advisor as to whether he or she recommends deducting any part of your contractual assessment on your tax return. Program Database All information obtained from property owners through the Program will be used only for purposes of the Program, CSI or other utility rebate programs, energy savings tracking, and federal or state grant program funds tracking and surveys. Prepayments Early pre -payment of the assessment may result in pre -payment penalties as set forth in the Assessment Contract. Releases and Indemnification By submitting a Program application, property owner thereby acknowledges that the Agent has formed the Contractual Assessment District, with the acknowledgement of the local city/county officials, solely for the purpose of assisting the property owners in the city or county where thek home Is located with the financing of approved products and that the Agent, its member agencies and Program staff have no responsibility of any kind for, and shall have no liability arising out of, the installation, operation, financing, refinancing or maintenance of the products. Property owner agrees that property owner and his or her successors in Interest to the fee simple title in the subject property shall be solely responsible for the Installation, operation, financing, refinancing or maintenance of the products. Participation in the Program does not in any way obligate the Agent, Its member agencies, participating cities/counties, or its Agents to guarantee or ensure the performance of any products. Property owner thereby acknowledges that the subject property will be responsble for payment of the contractual assessment regardless of whether the products are property Installed or operate as expected. Property owner also agrees to release, defend, Indemnify, and hold harmless the Agent, Its member agencies. participating cities/counties, and Program staff, including their officers, directors, employees and agents, from and against any claims, actions, demands, costs, damages or lawsuits, including the payment of attorney fees and cost of court, arising out of or in any way connected with his or her participation in this Program. Including, without limitation, the installation, maintenance or repair of the products or compliance with any applicable federal, state or local laws. Disclosure of Particlpent Information By submitting a Program application, property owner agrees that the Agent may disclose his or her personal Information to Program staff, and that the Agent and Program staff may disclose that information to third parties when such disdosure is essential to the conduct of the Agents or its member agencies' business or to provide services to property owner, including, but not limited to, where such disclosure is necessary to (I) comply with the taw, legal process or our regulators, (II) enable the Agent or the Program staff or consultants to provide services to property owner and to otherwise perform their duties, and (IN) obtain and provide credit reporting Information. in order to receive funding tor this Program and to enable communication regarding the State of California's rebate program, property owner consents to the release of his or her name and contact information to the California Solar Initiative or the utility soiar rebate program operated by the boat Utility. Properly owner further agreccs to the release of his or her name and contact information and the subject property's utility usage data for 12 months before installation of the improvements and up to 24 months after installation of the improvements from the local utility company to the Agent, Program staff, Its grantors, and Its designated contractors for the purpose of conducting surveys and evaluating the Program and Its impact. In addition, property owner understands that the Agent Is a public agency which, in certain circumstances, may have an obligation to release information under the California Public Records Act or pursuant to court order Financing Disclosure Requirements Required financing disclosure notices and forms are attached to this Handbook In Appendix E. 23 51 •hero CAII/ORMIA Residential Program Handbook Renewable Energy Certificates and other Green Attributes For those property owners who Install solar PV or non-PV electricity generating systems, Renewable Energy Certificates ("RECs") and all related green attributes will be assigned to the Program for the length of the financing term. RECs can only be registered and tracked for properties with monitoring systems. Contractor Marketing Guidelines The Agent has provided Contractor Trademark and Logo Usage Guidelines for any third party wishing to reference the Program in that third party's marketing materials. These guidelines should be strictly adhered to or such third party will risk being excluded from participating In the Program in the most severe instances. 24 52 'hero CAII!ORNJA Appendix C: Program Forms and Documents Residential Program Handbook Program Handbook httn:i/wi+coca.herofinanana.corn/Content/Documents/WRCOG HEROProclramHandbook.odf HERO Financing Residential Application http://wroom herofinancinsa.com/Content/Documents1HEROFInanclncResidentialHardCopvAoaiication.odf Contractor Participation Tenns and Conditions httodlwrwa.herannanclno.com/Content/Documents/WRCOG HEROProgramContractorParticioationTennsAndCon ditions.odf Custom Product Application httaJ/wr+coc.herofinancinc.com/Content/Documents/HEROFnancingCustom ProductAnolication.pdf Sample Completion Certificate httrawrcoo.herofinandnq.cornlConten /Documents/HEROFinancingCompletlonCertificate(SamaleLadf Sample Financing Documents http://wroomherofinancinn.com/Content/Documents/HEROFinancinnFinancin$Documents(Samolelod( Privacy Policy htta/aanneb.herofinancing.comIPrivacypoiicv.asDX 53 25 Aher- CALILOeNIA Appendix D: Eligible Products List Energy Efficiency Products Residential ProgramTM Handbook e3m �f ¢i «�Ihb..ko�4. ixF�. ��� v ��3 �� Y>: kt� ` x ..v.4 x m .... a v.y ,.� ♦xvr '' ��.....,'`k.,_r�@::� Contractors should follow the Building Performance institute CBP1) standards, Energy Stitt guldelInes indror ASHRAE 622-7 2007 Ventilation Standards for air sealing and ' naaMrslaWon. It Is mandatory that air sealing levels are measured by a blower door test before and after bower before 10 ,are Air Sealing and WeadhMarMon knprovemerds ere made. A copy of the door test results (CFNf o) end eler Improvements are Installed must be included with She Completion Certificate. Mechanical venlRdion should be Installed 1r natural ventilation Is below the ndnlmum levels specified In ASHRAE 622-7 2007 Ventilation Spender*. Insulation Amc Energy Star labeled end R-30 mu n mulled In open attic; admire! ceilings will vary. Mr 20 years Wall � , or tit Star labeled and R-19 ndrimumwall csvly (e.g., for 2x4, R-13 will fill waft years20 Floor (over unconditioned apace). Energy Star labeled and R-10 minimum 20 yeas Perimeter (foundation) R 10 mlohnum 20 years Ducts (in unconditioned space) R.6 minimum 20 Yeas Reflective Insulation and Radiant Barriers Foil type radiant barriers are recommended. Ventilation and moisture control requirements should be corsldarad. 20 years Cool Roof System 1. Rooting products Including liquid coatings must comply with all mandatory me wren of the current California Title 24. The roofing products manufacturer must have its roofing product listed In to CRRCI Rayed ProduaDkeobry(eee )stm9Mmw.woirori ore) OR, for steep sloped roofs only, be an appnwed Above - Sheathing Ventilation (ASV) metal roofing product whose manufacturer has provided sufficient evidence of energy savings equivalent to the minimum solar reflectance and thermal emissivity requirements sat forth below. 2. Rooting products must at a minimum meet the bibeto solar retectance and Memo! emissivity requirements. In the cese of Isquld cooling products, the overall final roof assembly or surface. with the predict applied. mud mast these requirements: .1• aieeyspi41011 J1y�t1' ...20 years .000! minimum solar reflectance 025 02 minlmum themad endSenoa 0.75 0.75 ( b ..40iig ' minimum solar reflectance 0.65 0.5 minimum tanner ambience 0.75 0.75 3. Any project involving roofing may be sub)ect b additional cods oomplance requirements such as those prescribed byte Califon& Meding Code, or Title 24 for eddnong and Moreton,. The project stakeholder Is fully end solely responsible 10 mew any such addMarwl requirements "bMlar is the score forthat product when It is newly installed. •Aged is the scare for that Product arbor S has been burbled on is roof for three yaws. Space Heating, Ventilation, and Air Conditioning (H A) Programmable Thermostat Shipped wash ■ default energy caving program that Is wpabse of maintaining two separate programs (to address the afforest combrt needs of Msekdays and weekends) end four tseperatun settees or more for each day. 15 years Duct Sealing A HERS test kr required for duct replacement or repair. A copy of the CForm will be required as part of the Completion Certificate. Tonal CFM leakage should be lees than 6%. Contractors should fallow Fsnerev Star guidelines. 20 yeas Boiler On Energy Star Curried Ilst ( a 05%AFUE). 20 years On Energy Star Omitted list Habaal bias or Propane (s r10% AFUE). 15 yeas High &Dclancy Fumaoe Whole House Fen Must be Included on the Southern Calton& Edison Cluellyng Product Met 20 yeas 28 54 !hero CALIFORNIA Residential Programml Handbook Attic Fan Fen must have controls (the moetat). Fen opehlog must be properly Insuhted and sealed In winter. Soler -powered fans are allowed. 15 yeens Ceiling Fen Must be on Energy Star tumbled I1st. 10 years Other Ventilating Farm On Energy Star QualEed list. ' !AUlfiluin cy M Alr(low( ) . •.... ear F tit rarrAl Rape Hoods - up to cfm (max) 2.8 Bathroom and Util ty Room Fens -1010 89 afm 1A Bathroom and tally Room Fans - 90 to 500 cfm (max) 2.8 In -Line atingle -port & muMFport) Farm 2.8 10 years Air Source Heat Pumps On Energy Star QusWted and AHRI late: = Spit systems: a 92 HSPF, a12 EER and a 14.5 SEER Packaged t�� a 8 HSPF, 211 EER end a 14 SEER The AHRI Number for the system must be provided to arum the system meets Energy Star and AHRI minimum whet. 15 yews GroundSCUMHeat Pumps On Energy Star Qualified let As of Jenu•rvi. 2011 15 years • awed Loop (waterloo air): 216.1 EER and 2 9.5 COP • Open Loop (water to tit): a 18.2 EER and a 3.8 COP • Closed Loop (waterta walerk a 15.1 EER and t 3.0 COP • Open Loop Wider wale* a 19.1 EER end a 5.4 COP • DGX (Direct Expansion): a Ito EER and 2 9.e COP As of January 1.2012: • Closed Lew (*Wert urk a 17.1 EER and a 3.8 COP • Open Loop (water to ale): a 21.1 EER end 2 4.1 COP • ClosedLoop (watertowater):a18.1 EER and a3.1 COP • Open Loop (water to water): a 20.1 EER and a 3.5 COP • DGX (Direct Exoensionk 216.0 EER end 2 3.8 COP Rasianl 11“Ing Ind Coding (floor, wail. teal one) Radiant systems must be powered by a qualified heat pump (electric or 0aa-fired, ar ground -source), ellctmince). ent gee boiler, or solar system (not by electric 15 years Central Air Conditioner On Energy Stir Qualified and AMR! I1te • Split systems: a12 EER and t14.5 SEER • Packaged systems: all EER and 214 SEER Replacement of wasting system only. No new cooing systems. The AHRI Number forte be to Energy 16 years eydem mud provided ensues the system meets SW and AHRI minimum values. EvaporrtWe Cooler Must be Included on the Southern Celkmie Edison Cuddled Product list Must be permanently Instilled through the wall or on the roof. Widow kwtslkd evaporaive coolers are not eligible. Must have separate ducting system -independent of the air candlllonmg and heam p duet aysbm• Can be single stage or two gape syehem that 1. its UL recognised electrical component; 2. Comae with • niter openly marwrpomsrd system Thal provides positive removal of sump wider on a regular Interval (a bleed system Is not Mowed); 3. Have a single duct or mull eluded dtetrlbnllon system; 4. Have Mort (a) A mall -function manual control svAtcl , which offers high and low An speed. pump en or of and the uht control don or off, or (b) A thermostat speclkmlly designed for evapeettve coolers, which automatically withal the wit operation based on the indoor temperature, tan speed, and perm) oponean. The outmode ltsmnoNst mint be mounted remotely the cooler. Pmesuro relief dampers are required. 10 yearn ECM Motor The ECM (Electronically Commutated Motor) or Uklonleea An motor wry not be financed for longer than the remitting useful the of the forced alr unit in which it 1e installed In. 10 year Water Nesting GIs Condensing Water [later On Energy Star Qualified psi or a 0.8 EF 10 years Hanel Gas Stange Water Heeler On Energy Ster (t 0.67 EF) 10 years 27 55 hero CALIFORNIA Residential Program Handbook Tanide s (Demand) Water Heater On Energy Star Qualified Ist (a 0.52 EF) 20 years Electric Heat Pump Water Heater On Energy Sur owned let (Z 2.0 EF) 15 years Windows, S1gAights, and Doors Exterior Windows Energy Star labeled (c 0.35 U Factor and c 0.30 SHGC) Repuoement windows only; no newly created windows. A copy of the NFRC label will be required with the Completion Caracole. 20 years Doors Energy Star labeled: • Opaque s0.21 U Factor and no required rating for SHGC, • S Mite c0.27 U-Fedor and 60.30 SHGC • ' Wbte 6.62 U-Factor end s0.3O SHGC A copy of the NFRC libel will be required with the Completion Certitude. 20 Years Slq/phte Energy Sur labeled (U Fedora 0.57 and SHGC s 0.30) Replacement skylights Only. rro new alcyliphls. A copy of the NFRC label will be required with the Cotyledon Certificate. 20 years Window Film Spectrally selectivewindowfilms. a70%visible Ighttransmission recommended. Must provide NFRC Zabel or product sheet with the Completion Certificate. 10 years Pool Equipment High Efficiency Pool Circulating Pump and Motor Must be 'Included on the Southern California EdIon QIWI6ed Product lit Replace existing pool pump and motor with energy-efficlent variabisapeed pool pump on a single famlyresidence pool. It Is recommended that pump motor be premium rated etldency (NEMA). May Include add on of efficient pool flter which does not ues badcaslshing. Proof of ef&iencyleo backweshIna must be provided. 10 years Natural Gas Pool Heater On Patin Desert Set to Sava Quel fying Product Llet (Thermal efficiency a Oct%) 10 years fild Measures Indoor Flxbmes On Energy Sur thrilled bit Must be permanently Metalled. 10 years 28 56 mhero- CAlnF0AN1A Renewable Energy Systems Soler Photovoltaic Solar Thermal Water Heating Small Wind Turbines Residential Program Handbook Swthem must be installed by a conuacbr registered with the California Solar hitletve Program who has the coned contractors license to Install solar systems. System owner must utilsm equlpmerd thot has been approved by the California Soler Missive rebate program. Systems cruet be grid -connected unless the properly Is not connected to the add. Please see the Program Handbook for more hfamatlon. Indoor Water Heating: The system (OG 200) must be certified by the Solar Rating and Certification Corporation (MCC). Auditory tad must be residential -doss. SF a 0.5 Poo Hendee: The collectors (OG 100) must be certified by the SRCC. Equipment must be Il.tcd on California Energy Commission's List of Eigide Smell Wind Turbines. 20 years 15 years 20 years Water Effiniencf+Products Indoor High Efficiency Toilets Wat iSrwa melded (s 1.28 gpf) 20 years Urinals WderSenea quailed (s .5 gp) 20 years Hot Water Delivery Systems (Orel We hot water) Hot water dtlivery colons ea defined by the Energy Star 'Volumetric Hat Water Savings Gtddeli nes:' (e) Docketed redreuld g Uns—This method of mdroulaSMg hot water requlme specietydsigned plumbing where the hat water pipe from your Water heater is plumbed to each firmrre Ina bop fashion. and then continues back to the water heater through a third One (ratan line). A small pump m-drculetes the hot water in a (b) Whole house mnlold le hone manMaM also called parallel piste or home run systems, use didiameter,Oiekdble 16 years small t pipes that tun directly beech IndMdual fixture from a central manifold located near is Water heater. The manifold be may either piaslc or metal, and the doing consists of fletdble pinto plgrip audo es PEX. which Is a high- temperdure.Oasible polymer pipe. For example, bathroom sinks and showers wound be on their own hot Hater fine from the water heater. (e) Demand Misted redrculating oysters —The user Initiates demendanWpted mu g systems by pushing a button or via a motion sensor located near the hot-water enure. Pumps are used to send cold water In the pipes beck to the water heater through a dedicated return fine or the cold water One end pd1 hot water from the water heater to Where It Is needed. When the pump Is operating, a sensor measures a champ of temperature and turns the pure dip when toe desired temperature charge Is met. (d) Coro plwrbkg systems -.A core punting system Is ■ system tool has a antral plumbing core, where the kbofen. the bathrooms. and the laundry mom are h dose prmdmiy ante the water heater Is centrally loaded beneath the centet pkangrng core. The system I designed to minimize the total volume of pipe by halting run lengths and designing the system Ina beodake structure with trans, branches, and twigs. wham longer pips lengths haw a much smoke pipe diameter. Please see hadthwww.EsryyBteegowf e/part eewlpWrejeakn_nteN doe iadW imeMc Hat_Water Savings Ouldekkas.pdf for more information. Outdoor Walther eased irrigation Control Systems Must be on the Seen Wow Smart rebate list A wee0ter.based Irrigation system (also called a Smart Imgatlon er "Evambenspimbon (Er)' mmrdlsr or system vnth a rain slut off device t1*1 data 10 years uses weather and/or the talon atltl0l11 such as pled type end apdekler system output adjust meanrg times end S farming. d. Please sea hilp.8hwww.spa.gov wat�erwelprodudsherr roltech.hen1 for room Rotating Sprtnkler Nodes Must be on the S&Cr Water Smart list S0 yews rebirth Product also called 'rotary nodes and bodies.' Replaces regular sprinider males end bodies wltt rotor's verdant tout reduce water usage up to 20%. Shaul oleo have mdched pied on webdy so 11mt a0 !prey patterns and maul delivar water ewny over the landscape area. Drip hmfg0!on Drip Irrigation In 10 years systems grdens, planters and beds. . Rainwater Catchment Must be permanently kidded. Storage system to be sized to hold e0 water from a 1' rainfall event (or 0.82 gallons per too foot of total rod area used for cadre). 20 YOCUM grey Warr Systss The system nod meet grater 18A of the California Plumbing Code. Gray water reuse 1 to be used for irrigation or hdoor use. Con be co0eded from dollies washer, systems as cub or other sources. Single fixture systems ere not eligible. QNy permitted 16 years 29 57 Thera CALIiOANUA Residential ProgramTm Handbook 58 ATTACHMENT 3 59 'e,lern River-ide Council cf Govel nmer,€. Cauriy of Rhenide • Cy of Bondnp • Cy of Calmar • Cy el Canyon bee • Cy of Como • Cry of 6adale • of Hemet • Q y dMupa •' Qy Doff lake Elsinore • 001 Menge& ■ City of Abrsa Vdey • Cly of Muniet • Cy d Norco • QV d Pert • City of bookie • Clly d San Jodnb City d Temecula • Cy of Widmer • Endure Murieipd Water DbWd • A1corn Mentdpol Wan Dldrtd RESOLUTION NUMBER 04-13 RESOLUTION OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS DECLARING ITS INTENTION TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE THROUGH THE USE OF VOLUNTARY CONTRACTUAL ASSESSMENTS PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A PUBLIC HEARING THEREON (California HERO Program) WHEREAS, pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act'), the Joint Powers Agreement of the Westem Riverside Council of Governments (WRCOG).originally made and entered Into April 1,1991 (the "Joint Powers Agreement"), as further amended to date, and the amendments to Joint Powers Agreement entered into as of the effective date of this resolution adding certain counties and cities throughout the State of Califomia as Associate Members of WRCOG to permit the provision of property assessed clean energy (°PACE') services within the jurisdictions of such Associate Members, WRCOG proposes to establish a voluntary contractual assessment program to be known as the `California HERO Program" (the 'Program') to assist property owners within the Jurisdictional boundaries of such Associate Members with the cost of installing distributed generation renewable energy sources, energy or water efficient Improvements and electric vehicle charging infrastructure that are permanently fixed to their properties ("Authorized Improvements'); and WHEREAS, In the opinion of this Executive Committee, properties located within in the Associate Members would be benefited by including such properties in the Program. NOW, THEREFORE, BE IT RESOLVED by the Executive Committee of the Westem Riverside Council of Governments as follows: Section 1. Findings. The Executive Committee hereby finds and declares all of the following: A. Ali of the above recitals are true and correct, 8. Energy conservation efforts, Including the promotion of energy efficiency improvements to residential, commercial, Industrial, agricultural or other real property, can reduce energy consumption, energy bills, and maximize existing energy production and transmission facilities; C. Energy efficiency improvements also Include improvements that promote water effidency. The California Energy Commission prepared a staff report In November 2005 regarding California's water -energy relationship. Such report states: "As California continues to struggle with its many critical energy supply and • • 4080 Lemon Sheer, 3rd Floor Annex, M51032 • lheride, CA 92501.3409 • (951) 955.7985 • fat 1951) 787-7991 • www.wrca8.eog.ea.us 60 Infrastructure challenges, the state must Identify and address the points of highest stress. At the top of this list is California's water -energy relationship; water -related energy use consumes 19 percent of the states electricity, 30 percent of its natural gas, and 88 billion gallons of diesel fuel every year— and this demand is growing ..., [A) major portion of the solution is closer coordination between the water and energy sectors... The state can meet energy and demand reduction goals. . by simply recognizing the value of tho energy saved for each unit of water saved; The direct relationship between water use and energy use means that Improvements to residential, commercial, Industrial, agricultural or other real property which promote water efficiency also result in energy efficiency; D. Water conservation efforts, including the promotion of water efficiency improvements to residential, commercial, industrial, agricultural or other real property, are necessary to address the Issue of chronic water shortages in California; E. The upfront cost of making residential, commercial, industrial, agricultural or other real property more energy or water efficient prevents many property owners from making those improvements and, in an effort to make those improvements more affordable and to promote the installetlon of those improvements, the Legislature has authorized an alternative procedure pursuant to Chapter 29 for authorizing voluntary contractual assessments to finance the cost of Authorized Improvements; F. A public purpose will be served by the establishment by WRCOG of a voluntary contractual assessment program whereby WRCOG is authorized to finance the installation of Authorized improvements that are permanently fixed to residential commercial, industrial, agricultural or other real property located in the jurisdictional territory of Associate Members of WRCOG; G. Property located in the jurisdictional territory of Associate Members of WRCOG will benefit from inclusion In the Program; and including such property in the Program will serve the public purpose of promoting energy and water conservation efforts and addressing the issue of global climate change; Section 2. petermination of Public Interest, The Executive Committee hereby determines that it would be convenient, advantageous and to the public interest to designate an area within the jurisdictional boundaries of each city and county which is an Associate Member of WRCOG as of the effective date of this resolution identified in Exhibit A hereto and incorporated herein by this reference, which may encompass the entirety of such Associate Member or a lesser portion, as areas within which authorized WRCOG officials and property owners may enter into voluntary contractual assessments pursuant to Chapter 29 to finance the Installation of Authorized improvements that are permanently fixed to real property pursuant to Chapter 29 (the "Program Boundaries'). Section 3. DetenninaJon to Establish a Single. Comprehensive Program. The Executive Committee hereby declares that while the Authorized Improvements are of such a character that they directly and specially benefd property in the Associate Member jurisdictions within WRCOG and that the purposes sought to be accomplished by establishing a program to finance the installation of such Improvements can best be accomplished by a single, comprehensive program available to Associate Members throughout the State of California rather than by separate programs administered by each Associate Member. Therefore, WRCOG proposes to make voluntary contractual assessment financing available to the owners of property located in the Program Boundaries to finance the installation of Authorized 61 Improvements that are permanently fixed to real property. Section 4. Jdentification of the Authorized Improvements. The Executive Director of WRCOG (the `Executive Director') shall prepare or direct the preparation of a list of the Authorized Improvements that may be financed through the Program, as part of the report required in Section 8 of this Resolution, and shall .update such list from time to time, as the Executive Director deems necessary. Section 5. Identification of the Boundaries. The area within which voluntary contractual assessments may be entered into pursuant to Chapter 29 is all land within the Program Boundaries. Section 8. Proposed Arrangejnents for Financina. The proposed arrangements for financing the Program are briefly described as follows: WRCOG may issue bonds, notes, receive lines of credit, and enter Into other financing Instruments or relationships pursuant to Chapter 29, the principal and Interest of which would be repaid by voluntary contractual assessments. Altematively or in the interim, WRCOG, may enter into agreements with other public entities to advance or grant funds to WRCOG to finance Authorized improvements and/or to implement and administer the Program. Such advances, if subject to reimbursement, shall be repaid through voluntary contractual assessments and WRCOG may sell bonds or other forms of indebtedness to reimburse such advances. The proposed financing arrangements may Include the lease -purchase of public facilities pursuant to a lease or other contractual arrangement with a public financing authority or non profit entity or other financing elements as may be determined necessary or useful to the financing of the voluntary contractual assessment program. WRCOG may enter into a relationship with an underwriter or financial institution that would allow sequential Issuance of a series of bonds, each bond being issued as the need arose to finance work to be repaid through voluntary contractual assessments. The interest rate of each bond may be determined by an appropriate index, but shall be fixed at the time each bond is issued. In the event improvement bonds will be issued pursuant to the Improvement Bond Act of 1915 to represent voluntary contractual assessments, ail of the following will apply to the extent not in conflict with Chapter 29: (a) Notice is hereby given that serial bonds or term bonds or both to represent unpaid assessments, and to bear interest at the rate of not to exceed 12 percent per year, or such other amount authorized by law, payable semiannually, shall be issued hereunder in one or mom series In the manner provided by the Division 10 (to the extent not in conflict with Chapter 29), and the last installment of bonds shall mature a maximum of 39 years from the second day of September next succeeding 12 months from their date. (b) WRCOG hereby determines and declares that WRCOG shall not obligate itself to advance available funds from WRCOG treasury nor shall any Associate Member be obligated to advance available funds from its treasury to cure any deficiency which may occur in the bond redemption fund. (c) WRCOG hereby determines that the principal amount of bonds maturing or becoming subject to mandatory prior redemption each year shall be other than en amount equal to an even annual proportion of the aggregate principal amount 62 of the bonds, and the amount of principal maturing or becoming subject to mandatory prior redemption in each year plus the amount of Interest payable in that year shall be an aggregate amount that is substantially equal each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds, (d) With respect to the procedures for the collection of assessments and the advance retirement of bonds, WRCOG proposes to proceed under the provisions of Part 11.1 of Division 10 (commencing with Section 6760 of the California Streets and Highways Code). (e) Such bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable laws permitting the refunding of the bonds, upon the conditions specified by and at the determination of WRCOG. The Executive Director, upon consultation with bond counsel, is authorized to provide for the Issuance of bonds payable from voluntary contractual assessments. In connection with the issuance of bonds payable from voluntary contractual assessments, WRCOG expects to obligate itself, through a covenant with the owners of the bonds, to exercise Its foreclosure rights with respect to delinquent contractual assessment installments under circumstances to be specified in such covenant WRCOG shall determine the creditworthiness of a property owner to participate in the financing of Authorized Improvements based upon criteria to be developed by the Executive Director in consultation with WRCOG's financing team. Section 8. Preparation of Report. The Executive Committee hereby directs the Executive Director to prepare, or direct the preparation of, and file with the Executive Committee a report pursuant to Section 5898.22 of the California Streets and Highways Code at or before the time of the public hearing described In Section 9 hereof (the °Report'), The Report shall contain all of the following: (a) A map showing the boundaries of the territory within which voluntary contractual assessments are proposed to be offered. (b) A draft contract specifying the terms and conditions that would be agreed to by the owner of property within the Program Boundaries and WRCOG. (c) A statement of WRCOG policies concerning voluntary contractual assessments including all of the following: (i) Identification of types of Authorized improvements that may be financed through the use of voluntary contractual assessments; (ii) identification of WRCOG official authorized to enter into voluntary contractual assessments on behalf of WRCOG, (iii) A maximum aggregate dollar amount of voluntary contractual assessments; (Iv) A method for setting requests from property owners for financing through voluntary contractual assessments in priority order In the event that requests 63 appear likely to exceed the authorization amount; and (v) A brief description of criteria for determining the underwriting requirements and safeguards that will be used to ensure that the total annual property tax and assessments on property proposed to be eubject to a voluntary contractual assessment under the Program will not exceed five percent (5%) of such property's market value, as determined at the time of approval for the contractual assessment of the owner of such property. (d) A plan for raising a capital amount required to pay for work performed pursuant to voluntary contractual assessments. The plan may include amounts to be advanced by WRCOG through funds available to from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of the California Streets and Highways Code. The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of ail or any portion of the costs Incidental to financing, administration, and collection of the voluntary contractual assessment program among the consenting property owners and WRCOG, A report of the results of consultations with the Auditor -Controller of any county within the Program Boundaries concerning the additional fees, If any, that will be charged to WRCOG for incorporating the proposed voluntary contractual assessments into the assessments of the general taxes of the Associate Members located within such county on real property and a plan forfinanclng the payment of those fees. Section 9. Public Hearinc. Pursuant to Chapter 29, the Executive Committee hereby orders that a public hearing to be held before the Executive Committee in the First Floor Board Chambers, County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, on June 3, 2013, on the proposed Report and the Program. At the public hearing all interested persons may appear and hear and be heard and object to or Inquire about the proposed Program or any of its particulars. Section 10. Notice of Public Heerino. The Secretary of the Executive Committee is hereby directed to provide notice of the public hearing by publishing this Resolution once a week for two weeks, pursuant to Section 6068 of the California Government Code, and the first publication shall occur not later than 20 days before the date of such hearing In a newspaper of general circulation published within the jurisdiction of each Associated Member or, if there is no such newspaper of general circulation published within the jurisdiction of an Associated Member, then In a newspaper of general circulation published nearest thereto. Section 11. The Voluntary Contractual Assessments. The voluntary contractual assessments levied pursuant to Chapter29, and the interest and any penalties thereon, shalt constitute e lien against the lots and parcels of and on which they are made, until they are paid. The voluntary contractual assessments shall be collected in the same manner and et the same time as the general taxes of WRCOG on real property are payable and shall be subject to the same penalties, remedies and lien priorities in the event of delinquency and default As a cumulative remedy, if any voluntary contractual assessment or installment thereof, or of any interest thereon, together with any penalties, costs, fees and other accrued charges are not paid when due, the Executive Committee may order that the same be collected by an action brought in superior court to foreclose the lien thereof as provided in Division 10 of the California Streets and Highways Code, (e) 64 Section 12. Consu)tations with the County Auditor -Controllers. The Executive Committee hereby directs the Executive Director to determine and discuss in the Report what additional fees, if any, will be charged, annually, by the Auditor Controller's office of any county within the Program Boundaries for incorporating the proposed voluntary contractual assessments on the tax roll. Section 13. preparation of Current Roll of Assessments. Pursuant to Section 5898.24(c)(1) of the California Streets & Highways Code, the Executive Committee hereby designates the Executive Director, or his or her designee, es the responsible official for annually preparing or causing the preparation of the current roil of voluntary assessment obligations by assessor's parcel number on property subject to a voluntary contractual assessment. Section 14. Responses to inquiries. Pursuant to Section 5898.24(c)(2) of the California Streets and Highways Code, the Executive Committee hereby appoints the Executive Director, or his or her designee, to establish procedures to promptly respond to Inquiries concerning current or future estimated liability for a voluntary contractual assessment. Section 15. Effective Date of Resolution. This resolution shall take effect immediately upon Its adoption. PASSED AND ADOPTED at a meeting of the Executive Committee of the Westem Riverside Council of Governments held this 8th day of May 2013. Jim jratt, Chair G Execut Committee Approved as „ form: do Bishop, Secretary WRCOG Executive Committee AYES: Q-/ NOES: re ABSENT: 0 ABSTAIN: 0 65 EXHIBIT A UST OF ASSOCIATED MEMBERS The following counties and titles are Associate Members of VVRCOG as of the data of the adoption of the foregoing resolution: 1. City of San Memos, San Diego County 2. Temple City, Los Angeles County 3. City of Vista, San Diego County 20323 0001065009.4.2 66 ATTACHMENT 4 67 AMENDMENT TO THE JOINT POWERS AGREEMENT ADDING THE CITY OF NATIONAL CITY AS AN ASSOCIATE MEMBER OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS TO PERMIT THE PROVISION OF PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM SERVICES WITHIN NATIONAL CITY This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and entered into on the 19th day of August, 2014, by the City of National City (the "City") and the Western Riverside Council of Governments (the "Authority") (collectively the "Parties"). WHEREAS, the Authority is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the California Government Code (Section 6500 and following) (the "Joint Exercise of Powers Act") and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and WHEREAS, Chapter 29 of the Improvement Act of 1911, Division 7 of the California Streets and Highways Code ("Chapter 29"), authorizes cities, counties, and cities and counties to establish voluntary contractual assessment programs, commonly referred to as a Property Assessed Clean Energy ("PACE") program, to fund certain renewable energy sources, energy and water efficiency improvements, and electric vehicle charging infrastructure (the "Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or other real property; and WHEREAS, the Authority established a PACE program known as the "California HERO Program" pursuant to Chapter 29 as now enacted or as such legislation may be amended hereafter, which will authorize the implementation of a PACE financing program for cities and counties throughout the state; and WHEREAS, the City desires to allow owners of property within its jurisdiction to participate in the California HERO Program and to allow the Authority to conduct proceedings under Chapter 29 to finance Improvements to be installed on such properties; and WHEREAS, this JPA Amendment will permit the City to become an Associate Member of the Authority and to participate in California HERO Program for the purpose of facilitating the implementation of such program within the jurisdiction of the City; and WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are approving this JPA Agreement to allow for the provision of PACE services, including the operation of a PACE financing program, within the incorporated territory of the City; and WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of the City and the Authority with respect to the implementation of the California HERO Program within the incorporated territory of the City. 68 MUTUAL UNDERSTANDINGS NOW, THEREFORE, for, and in consideration of the mutual covenants and conditions hereinafter stated, the Parties hereto agree as follows: A. JPA Amendment 1. The Authority JPA. The City agrees to the terms and conditions of the Authority JPA, attached. 2. Associate Membership. By adoption of this JPA Amendment, the City shall become an Associate Member of the Authority on the terms and conditions set forth herein and the Authority JPA and consistent with the requirements of the Joint Exercise of Powers Act The rights and obligations of the City as an Associate Member are limited solely to those terms and conditions expressly set forth in this JPA Amendment for the purposes of implementing the California HERO Program within the incorporated territory of the City. Except as expressly provided for by the this JPA Amendment, the City shall not have any rights otherwise granted to the Authority's Regular Members by the Authority JPA, including but not limited to, the right to vote on matters before the Executive Committee or the General Assembly, the right to amend or vote on amendments to the Authority JPA, and the right to sit on committees or boards established under the Authority JPA or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee. The City shall not be considered a member for purposes of Section 9.1 of the Authority JPA. 3. Rights oflhe Authority. This JPA Amendment shall not be interpreted as limiting or restricting the rights of Authority under the Authority JPA. Nothing in this JPA Amendment is intended to alter or modify the Authority Transportation Uniform Mitigation Fee (TUMF) Program, the PACE Program administered by the Authority within the jurisdictions of its Regular Members, or any other programs administered now or in the future by the Authority, all as currently structured or subsequently amended 4. Rights of the City. This JPA Amendment shall be not interpreted as limiting or restricting the rights of the City to establish parameters or limitations upon the HERO Program as it is conducted within the City's jurisdiction. B. Implementation of California HERO Program within City Jurisdiction. 1. Boundaries of the California HERO Program within City Jurisdiction. The City shall determine and notify the Authority of the boundaries of the incorporated territory within the City's jurisdiction within which contractual assessments may be entered into under the California HERO Program (the "Program Boundaries"), which boundaries may include the entire incorporated territory of the City or a lesser portion thereof. upon approval by the City Council. 2. Determination of Eligible Improvements. The Authority shall determine the types of distributed generation renewable energy sources, energy efficiency or water conservation improvements, electric vehicle charging infrastructure or such other improvements as may be authorized pursuant to Chapter 29 (the "Eligible Improvements") that will be eligible to be financed under the California HERO Program. August 2014 2 Amendment to western Riverside Co®cat of Governments WA Agreement adding City of National City as Associate Member 69 3. Establishment of California HERO Program. The Authority will undertake such proceedings pursuant to Chapter 29 as shall be legally necessary to enable the Authority to make contractual financing of Eligible Improvements available to eligible property owners within the Program Boundaries. 4. Financing the Installation of Eligible Improvements. The Authority shall develop and implement a plan for the financing of the purchase and installation of the Eligible Improvements under the California HERO Program. 5. Ongoing Administration. The Authority ahAtl be responsible for the ongoing administration of the California HERO Program, including but not limited to producing education plans to raise public awareness of the California HERO Program, soliciting, reviewing and approving applications from residential and commercial property owners participating in the California HERO Program, establiat„ng contracts for residential, commercial, and other property owners participating in such program, establishing and collecting assessments due under the California HERO Program, adopting and implementing any rules or regulations for the California HERO Program, and providing reports as required by Chapter 29. The City will not be responsible for the conduct of any proceedings required to be taken under Chapter 29; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale, or administration of any bonds issued in connection with the California HERO Program. 6. phased Implementation. The Parties recognize and agree that implementation of the California HERO Program as a whole can and may be phased as additional other cities and counties execute similar agreements. The City entering into this JPA Amendment will obtain the benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional area, irrespective of whether cities or counties enter into similar agreements C. Miscellaneous Provisions. 1. Withdrawal. The City may withdraw approval for conduct of the HERO Program within the jurisdictional limits of the City upon thirty (30) written notice to the Authority without liability to the Authority or any affiliated entity. The Authority may withdraw from this IPA Amendment upon six (6) months written notice to the other party; provided, however, there is no outstanding indebtedness of the Authority within the City. The provisions of Section 6.2 of the Authority JPA shall not apply to the City under this JPA Amendment The City's withdrawal shall not affect the validity of any voluntary assessment contracts. (a) entered prior to the date of such withdrawal or (b) entered into after the date of such withdrawal so long as the applications for such voluntary assessment contracts were submitted to and approved by the Authority prior to the date of the City's notice of withdrawal. 2. Indemnification and Liability. The Authority shall defend, indrmnify and hold the City and its directors, officials, officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property or persons, including wrongful death, arising out of or in connection with the California HERO Program administered under this JPA Amendment, August2014 3 Amendment to Western Riverside Coaacil of Governments JPA Agreement adding City of National City as Associate Member 70 including without limitation, the payment of expert witness fees and attomey's fees and other related costs and expenses, but excluding payment of consequential damages, provided that the Authority shall not be required to defend or indemnify the City and its directors, officials, officers, employees, and agents for the City's sole negligence or willful misconduct. Without limiting the foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment In no event shall any of the Authority's Regular Members or their officials, officers or employees be held directly liable for any damages or liability resulting out of this JPA Amendment. 3. Environmental Review. The Authority shall be the lead agency under the California Environmental Quality Act for any environmental review that may be required in implementing or administering the California HERO Program under this JPA Amendment. 4. Cooperative Effort. The City shall cooperate with the Authority by providing information and other assistance in order for the Authority to meet its obligations hereunder. The City recognizes that one of its responsibilities related to the California HERO Program will include any permitting or inspection requirements as established by the City. The City's cooperation shall not be interpreted to require any approvals without appropriate review or that any discretionary authority of the City be exercised other than as provided by law. 5. Notice. Any and all communications and/or notices in connection with this IPA Amendment shall be either hand -delivered or sent by United States first class mail, postage prepaid, and addressed as follows: AUTHORITY: CITY: Executive Director Western Riverside Council of Governments 4080 Lemon Street, 3rd Floor. MS1032 Riverside, CA 92501-3609 Director of Housing, Grants, and Asset Management City of National City 1243 National City Boulevard National City, CA 91950-4301 6. Entire Agreement. This JPA Amendment, together with the Authority JPA, constitutes the entire agreement among the Parties pertaining to the subject matter hereof. This JPA Amendment supersedes any and all other agreements, either oral or in writing, among the Parties with respect to the subject matter hereof, and contains all of the covenants and agreements among them with respect to said matters, and each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise, has been made by the other Party or anyone acting on behalf of the other Party that is not embodied herein. August 2014 4 Amendment to Western Riveraide Council of Governments IPA Agreement adding City of National City as Associate Member 71 7. Successors and Assigns. This JPA Amendment and each of its covenants and conditions shall be binding on and shall inure to the benefit of the Parties and their respective successors and assigns. A Party may only assign or transfer its rights and obligations under this JPA Amendment with prior written approval of the other Party, which approval shall not be unreasonably withheld. 8. Attomev's Fees. If any action at law or equity, including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, each Party to the litigation shall bear its own attomey's fees and costs. 9. Governing Law. This JPA Amendment shall be governed by and construed in accordance with the laws of the State of California, as applicable. 10. No Third Party Beneficiaries. This JPA Amendment shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof; nor shall it authorize anyone not a Party to this JPA Amendment to maintain a suit for personal injuries or property damages under the provisions of this JPA Amendment. The duties, obligations, and responsibilities of the Parties to this JPA Amendment with respect to third party beneficiaries shall remain as imposed under existing state and federal law. 11. ,Severability. In the event one or more of the provisions contained in this JPA Amendment is held invalid, illegal, or unenforceable by any court of competent jurisdiction, such portion shall be deemed severed from this JPA Amendment and the remaining parts of this JPA Amendment shall remain in full force and effect as though such invalid, illegal, or unenforceable portion had never been a part of this JPA Amendment. 12. Headings. The paragraph headings used in this JPA Amendment are for the convenience of the Parties and are not intended to be used as an aid to interpretation. 13. Amendment. This JPA Amendment may be modified or amended by the Parties at any time. Such modifications or amendments must be mutually agreed upon and executed in writing by both Parties. Verbal modifications or amendments to this JPA Amendment shall be of no effect 14. Effective Date. This JPA Amendment shall become effective upon the execution thereof by the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be executed and attested by their officers thereunto duly authorized as of the date first above written. [Signature Page to Follow J August 2014 5 Amendment to Western Riverside Council of Governments JPA Agreement adding City of National City as Associate Member 72 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS By: Date; Executive Committee Chair Western Riverside Council of Government CITY OF NATIONAL CITY By: Date: August 19, 2014 Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney August 2014 6 Amendment to western Riverside council of Governments JPA Apeman adding City of National City as Associate Member 73 ATTACHMENT 5 74 Cktic44.11titZ Lt. C0a4:�dlL'.'tT"F ..8 ,...u:, n::rry .: r;t• a:-:...n CaliforniaFIRST Program Report County of San Diego (as of March 8, 2Q10) 75 Table of Contents 1. Introduction 3 1,1. California Communities __._:.._..__..._____w _. _3 1.2 Purpose of the CallfomieFIRST Program.-- _ _ _ » ..., »_.. _ ...._w_ ._ 1.3 Asseesrrent Financing; Contractual .stnents....._..»._.__..._»,.._.._...;__._ .__._3 1,4. Purpose of this Program Report._._..._...._._.__. .... _._ 1.6 Program Administration and 2. Program Requirements .... 4 2.1 Authorized Irrrprovenents.......M,..... ___..._»....._.s..�.....:._._____,- 2.2 ......_ _ _.... _ ___,•_ ..•._4 Loading Order r ,_....,»,,._ .............».._.._.._:S 2.3 Property Eligibility 2.4 Eligible 2,5 Quality Assurance ..»_ . _ .._. _ ,_......_ 3. Financing of the CafifomiaFIRST Program...................................................5 3,1 Minimum and Maximum Financing 3.2 Financing 3.3 Overview of Application and Financing 3.4 initial Application; Apptcatlon Fee; Approval or Dental 8 3:5 Funding Reservation and 3,6 Funding Request and Disbursement _.._ _. 3.7 Coats of issuance and Administrative 3.8 Amounts that can be 3.9 Payment Terms »» ». ' 10 3.10 Transfer or Resale of Property 10 4. Consumer Protection is 5. Duration 10 6. Public Agency Official 11 7. Changes to the Report. 11 8. Program Handbook 11. 9. Appendices and Exhibits 11 2 76 1. Introduction This CadomisFIRST Raven Report (this *Program Repair) outlines the basic deelgn and structure cis property aeeess d aatiuctpai Sonde program ailed CanomiaFll{ST (the ItalfortilRST Program') for the County of San Diego (the "'Ccan W). 1.1 Caii€orniaCommun The California Statewide Communities Development Ado* realiWara`r Cornmennes) Is a sf*wIde Pint powemautlnhdty nd by the California 81ete Meoctsban of Counties and the League of Canto i Cldet: Caitomis Comm sues' mission isle provide local otsnemmanb acmes to fory host fad for projects that provide a tangrote public ben" oonblbute to soda) and economic growth, and improve the oversl quality otifs In local communities. 1.2 Purpose of the CatifomhtFIRST Program California Communities ts cifaringlhe CantaniIF1R8T program on a elOnvide bests, Inducing within the County, to encourage Itadabon of distributed generation rentre abb energy sources end energy efficiency and waterarficbnyr Improvements within the misting budding stock Canaille Communities will fades a statewide bond pool, whbh ad alow proper* owners to aeons compesbve introit rates offered kg the pubic bond mada4, Willi thepassage of All 32, the Slate of California (theStatel eat ambiier* for reducing tams 'Nub* and bang allemsli4e energy use. The Calcmle Pubtlo Undies hoe* a genet retroiiing over 13 million residences in the Slate to beat least 3O% more energy efficient Many ;anomie olio and counties hew adeo set their own greenhouse gas reduction target Sunday. Water coheeteatiof efforts, including the prwnoion of water-retrfid improvements to residential, eommercdal. Industrial. dr other reel property, are necessary m address the *sue admit water shortages In the Stale Propedy owners can help to achieve greenhouse gas reductions and educe waoruae and, atthe .same time,: save money by Invading in distributed ge neMeth turicin gis enAsgy aourcros, saletgy ellosaltr, andubr water efficiently !movements Yetmostpeople sell maw making these Improvements The number one banter Is the thugs upfront coat Mimed power and water 10 their as atomism as a temple papas -you -go senice. Homes and businesses ban be converted to dean energy and reduce wider use quiddy, bid many believe that it can theppen any f paying for titsdubuted generation 'renewable energy sources, raergy ancient* im revs nethb and water efficiency Improvements ts more lice paying • U r bi. The CalfotnIFIRST Program oan melee this happen. 1.3 Assessment Financing,. Contractual assessments The CadfomIeFIRST Program uses a fool that b widely used by localsgenllse In California to tisane obit benefit Pm jeOls: land-eeaeed financing. SttMs law hie long padded olbo and °Durheea hpidtr lute power to Issue bonds and levy assessments on the County propetty tier b4 to norm pubic projects such as shrwwu, perils, end be endergroundang of wider. Chapter in of thei provement Add 1911, cong wit Seaton SISM.ltl. eft* Saeits & Highweye Coda of the Stale (Chapter 2,.authorires the_ levy orcontractual assessmnte to thanes** the leetelkieoe of disblbuted ganaration reaewabfe-energy Wszoesemd aastgy endow and water ellaienay Improvements to be permanently anted to welds abet, Jrniablel. each tilpf . ar•otlfersal properhy• A'canbactusitsaessment le an aseessmartflset*levied bycontra* pursuant/Chapter 2a. PDMhe CaltIcatieFIRST Pragmm, the use espnent oenbad stun be an `Agreement to Pity llssesemsnt and nonce Improvements' hi substarnally the form attached to lib Program Ripe 1 es Digit A pis Contract)• the Aaseasnwnt Contact will be emoted by each paridpaenb:Propidy awnarond Calton* Communtdaa. 3 '77 Under the CeiltotnlaFIRST Program. a contractual assessment lien as placed on each perddpating property In an amount necessary to (0 finance the Installation of authorized renewable energy. energy 4fidency and water efficiency Improvements over a 5-20 year parted of ame, depending upon he die tithe financed Improvements, (d) pay for costs of issuing bonds (including a reserve fund), end pi) pay the costs oaf ofilt iniitei1np the{hCCaEaiflfrWIRSST Pt�grem./�TThkaantraatuaI ssessmen lllalt lkyna tame�cofleatall on the Cow r.i+ � fax MIL 9� 'owns Pl9Party9the ss entob gabon remains an ablkallian art* praupelly Crldoalla Cemnatnikre wll leave bonne secured by all 'oonb scIual assessment instalments to fund the costs of the pr0grom Under the Cel fornIaFIRST program, ff a property armor cats to pay the amnia' adibtaiuel assessment Instalments, California Communities is obligated to drip the *Ongoing installments tithe properly tax bIP and corierience Nadal l rooeedmgs tu°toredose lheliden rife delinquent instalments. This is she g adted procedure Met can Marlin in the public Gate Mete repo* in lea's than a year. All property owners need to contifir•therrpri ate tandem to determine that iho execuilon of the Aseaasntbrit. Contract will not violate their deed oiliest The CalhemlaFIRST Program is carnpletey voluntary and properly woes for properties in the County that do not choose to are completely unaffected by the CaliforrtlaFIRS'f Program. Individual torrhactual esseeaments are not effected by other properties p rtI p$ling in the program, 1.4 Purpose of this Program Report This Program Report constitutes the report mauled pursuant to section 589822 of Chapter 29 for the CaltornreFIRST Program in the County. The aelfornlaFIRST Program will be offered throughout the entire county as shown on the boundaryimep entailed as Exhibit". We property is boated to a. etty's' noorponafed territory wihinlate County, properly May pa►ficipete in the CatifemlaPIRST Proianr only tterthe city rims adopted a resolution authod¢Ing Ca5tc nis Communities to eterthe OsefornM.FIRST Program within* boundansa. 1.5 Program Administration and Underwriting California Communities has hired athird-party admtnistrat rtoadmirestertheL altiomieFIRSTProgram in the Cow*.InftaIIy Renewable fending- TheadminMndorwl6 review ne.ld Provide Rio and customer some through a webslte, anal, and a toll -free phone number. Callonite ConenW IOes sal work with a frond underwriter, Initially Regal Bank of Canada Capital iMarkets, to underwrite bonds sold In tbepublc marketplace 2. ProgramRequirements This Program Report identities the CaltomiaFlRST Program requirements rotating to the types of irnprovanbnts that can be tinannad under the CalifamtaPIRST Program (including the required looting order)..eligible pepperbox and financing parameters. 2.1 Authorized improvements The CalifomlaFIRST Program offers financing of the installation of those distributed generation renewable energy sources sod orterzyefficiancy and water eflolencylnprovernerds Fled on ffel t* C tt"`millet Aulhert> ed **marrieds, that Will be pee neeentyited io properly. Until furlharilotitie. to eteretI C1enny measures are Onellgble fix tklancing teithire the (tetikeniaF'1RST f rem Cakhirnie uornneurialee win update theist ofAuthorized in rvemeftssuthorizedforinstallationfiomlimeto lime and pubii*htie updated tat In lee Program Handbook. Property owneraera responsible forthe Authorized Improvements Installed an their properly. Prorerty owners must address performance end othersyslem.tel eted issues rive* with tie coned er aceording to thetas* of the oontrsditetreeen the property essriisr and the cenbactor. The CalionitaFIRST Program Ma financing program wry. Neither California Communes nor its employees or agents are teaponetbbsorthe 78 Authorized Improvements Or thelr perform e. 2.2 Loading Order Process The CalfondaFiiST Program will tmplem nt certain loading order requirements In order to comply with ar State and federal" ►equiiranents for The lnatallation of energy elide* measuresa. These.requlrernents generally mandate tnetairdon of thy most coat•affecave ftnpmvements That. The CakfommFURST Program requirements raiding to loading order may he amended b remain compliant and consistent math loading order requirements for the State and federal grant sad rebate programs. Details for current loading order requirements are outhned in the Program Handbook. 2.3 Property €ligibility Criteria to order to reoelve finanelog from the Calitomiia€iRST Program, the property to be assessed, and Its owners, must meet the IMAovAng baste requimmente. Nielson the astride are provided in the Program Handbook. Property Requirements e. jam. The property to improved wlthlhe Authorized knprovemnetts (the "subject property') must be boated within the boundaries of the CaIIfor ieFIRST Program. If e property is located Ina +`s:hcorporated territory within therrounly, a properly may pane e M the CdifohniaFlRaT Program only after Vie *bee bee adopted at resolution authondng California Communkies to offer $w CalaortNaFIRST Program within its boundaries. b_ lag. The subject property may be used for residential, commercial, agricultural, or other reef pl per4' pwpoe a. e LartderNott ation. The contactual assessment Idled pursuant to an Assessment Contend will cons.hute a bordor lien on the related property, whlctrmeans pre.eodatlng private lens, such as nrortaaees, we be subordinate to the contractual essearrnent ten. Therefore, optical*, end in some cases conserd from, mortgage holders will be required. d. Taxes. The property owners must be currant le the payment of all obligations secured by the subject property. including property toners, assessments and tax Ilene, within the time Period weeded in the Program *Who**. Who®k, e. Foreclosure. There must be no naloes of defeuft or loredmrursetded againstthe eubjed proper* titthlnittsgene period tpac l din the Program Handbook. f. Imsolurdaryjjam. The property must not be subject to inaolureary harts, defauts or judgments to excess of amount identified in the Program Handbook. g. Value Rados: i. The'pidvate loan to value ratio' neat be cx fnphern with the terms defined In the Fragrant Handbook. in home clr unadenoae; the pounds loan to value ret o requirement may be waived with the consent of a property's a dsiirg lenders. IL The'publlc debt to value ratio' must be compliant with the tans defined In the Program Handbook Property Owner Requtdnenrente a- Al owners of the fee simple the to the suuysct property must sign the CalftrItteT Program Documents and consent to the tontraotal assessment. b.Allthingthgt Aff Properly Ormer(s) rust candy Matter/ have not derilered biNwpsy within the given rant period indicated in the ROOMY. Handbook, e. low& Alt propertyovmers(s) must egret to participate surveys and CalisxnitiFIRST Program evakatlons directed by Caflfoomia Communities. In addldon, property owners via 5 79 be required to sign a weaver allowing the.CalifornlaFIRST Program b collectublity usage date es appropriate 10 comply with State and federal -reporting moderns.. d Adtgtbnat information. The Californian/MT Program involves issuance 6f bonds by California Communities, and, therefore, it is tmpoiisbtlhat properly owners pay their contredust assasarrarnl inabilments and off protiedy-related obiigeirona in ful on a lirnalYiaesis. Tharafore,�Csflb lerCommuniRiap ngeivssthe.tig t b egiwstaddI oneI information regarding the property owners' ability to pay such amooiits, Project Requirements a. Lta Bing Order. All participating properties will be required b meet bad, State and federal program requirements and guidetnes, including those described in "Loading Order Process' in Section 2.2. b. Audka California Oommprdhes *eaves the right tc wake or require an energy ellicieicy audit for ell Improvements seeking fianithg. Sea the Loads* Order' in Section 2.2 and the Program Handbook for more details on energy audit requirements C. Rebate Moraine, Properly owners will be required to participate In appropriate State Incarrdve and rebate prbgrami. d. Additltaiar Criteria. Additional criteria may be applied, jnciuding net operatingincome requirements` end/or cost RQCdveneuafornaiktesldehddproperties. 2.4 Eligible Contractors Contractor b being cornpy %ear applicable State� 1dthroughout die county, and the CialfomiaFIRST Program will etipty requirements of State and federal grant and rebate programs Details on cement regiirsments for Eligible Contractors are outlined In the Program Handbook 2.5 Quality Assurance Quality assurance protocols serve to prevent improper or bw.gwlity instaIebOn of energy and water improvements and protect against fraud and abuse in the CadprtaFIRST Program, The CatfomiaFIRST Program ivillinstrbste a quality assurance protocol incorrliillamie WWI Slate and federal grant and rebate program requirements. AB gustily assurance and mislay control procedures are subject to review and adjusbnentbased on applicable State and federeletanderds. Delaile on the o rrentquadtyassurance procedures are outlined into Program Handbook Despite the presence of these protocols and procedures, We responsibility for the successful operation of any improvements is that of the properly owner end its contractor, and not of California Con nunIbes or Ire agents or employees. 3. Financing of the CaliforniaFJRST Program 3.1 Minimum and Maximum Financing Amounts Max&num Financing Amount forth* CallfornlaFIR$T Program. The maximum aggregate dollar amount of the principal component of contractual assessments to be levied under ahe CaglomiaFIRST Program for the County is $1 btilion, subject to increased -there is sufficient demand. Minimum Financing Amount for each Property. The minimum insta0sdof costthat can be financed for a 6 CO single ta'opeay' $5,000. Maximum Ftnandng Amount for each Property. The maximum installation cost that an be famed for a angle property is depnridarit on the type of property, as indicated berm Eaddiggaladeggedleg. Residential properiea.are arable for tirhanckg up to the lesser of a percentage OMud np c redapppg public debt as identified In the Program HandboolO oldie sraeseed and market value of the proper * or a fixed dolor amount as idenUbd In the Program Handbook. Fortis ptnp0se. residential propertied yictude delimited hmpea, duplekes, tdPlexfa, foes, townhouses, twin homes; and mulli4emdy and tan ran.gormwq properties whir up to flour units Non-roaldanttal Pr roes are alble for trans % uP to a percentage (including overlapping public debt as identified in the Program Handbook) of the assessed and market Verne of the properly. For this purpose, non-reildantii properties consist of cctliterdni, ardustdei, agricultural, large multikmiy (five ay more units), community ity facades, and 11on prd4owned properties. getiOtirliet Wronger Canurrun ikal leean.s the Vale finance the welelkitonofAu homed improvements In a greater emoted then deserted above with the prior wrtten approval oftee existing lenders on the subject • property. 3.2 Financing Structure .California Communities** * Inane to Installation of Autiia ted Imprevemerrls using than dpferant nrrandng streams at die County level, as deserttred in Eidhart D-'Bend Struotufa'. le ardor to provide the lolererit posedble Interest rates through credit dniersifi awn, California Conhm indles veil issue bonds to the pubkcbbnd market on a statewide bask and purdrase bonds iaaredtoreach comity's. t:> 1ominFIRST Program. 3.3 Overview of Application and Financing Process AppkatIodstinen procarty owners for finaniting !AI be considered one basis. if a request from a propeity caner brimming would awe the CalromieFIRST Pietism to exceed the aullierked amount then tit let properly Chet armed theau*horkabon amount* be amended *M be. imago far ralelt btp. Mappflcetlaua receive a Ume etehlp io order below for p►bniy. The fella/Mg paragraphs outine:Qie CalrornkFIRSF Pregnant s residtettisrtirtancing psoaes. Non- residential projects wf iobw a skniar process, but may dinar sightly on a cese#y'osee berate dependhhg on the store and scope dike project, education. Properly owners vtet the iNcicated webelte to Nam about** program, fimncing tenths and otfher deldls, and 1pd approved oen*actorsand an mine te. Properly Meet rust determine fiat they we meet the eipbifhy readrements. Application. Property chimers apply on-line fora funding reserved,eh Walla C,titeorrdaFIROT Program and pay a non efundsble applications. Apples tione must inkede s proposed project and =near ter bid. Properly owners' rapist epee is the CaIV ndefIRST Program Terms as pen ofthe application. Review and APprtwat: COMM* pe dunes title worts le con firm cemerstilp, seniors far unpaid taxes or ether delinquent propeny-baaed debt applies tosrntowetue mebtos, end mamba the proper proms a Communities we ammo a n apparition entyaltsreo arming thatahepropert' meats the undone* lg criteria, loading order process; and other CsiferrltsFIRST Program Reservedon: headlands Communities en application. It will notify* property *timer rib funding reservation. its property orrn erhae a epecMc minder time b kh$fdtlte Authorized hrpfoihfrarts and to request funding when the properly has. met at the applicable requhementis *Minding. See 'Funding Rerervabon arid bistallathaf In Bec Ion 8:6. Detalk of the procedural** wadable In the Program flu ndb0ok.. Inetdaton. A quelled convertor must complete lie installation of Authorized bnprovemer is on the 7 81 property. See 'Authorized improvements' in Section 2.1 and 'Eligible Contactor' In Section2.4. Repayment. The property owner will be a peoted to pay the contractual assessment MisWhnents in the amounts and at the times specified in the Assessment Contract In general, the•contractwi asseaaments WI be due at the same tine es property taxes. 34 Initial Application; Application Fee; Approval or Denial Inkier Applicatlbn. AN properly owners inhabited in aplyingto the Program muhtsubi an amines or pie sppfic atop along wth Moodier applicabon'docunronts In the°Program handbook. Application Fee. The property !Mawr muetoayanor-nefundebleapplicattenfee sunh rshe submItaan application if the appre rUon is approved but the property boner does not auatthetcudtng requirements or decides not to utnizelhe GilfofilafiRST Program funding. the feareel not be a*firidod. Approval or DeWitt. eased on the ddg1blety requirements listed In the Program Fandbook, California Communities well appnttie or denya residential and non•rareldentiet application within in the ;poodle time periods identlfed in the Program Handbook The apeecantwail* notified of 'Waved ordeniat Oa email. See 'Consumer Protection Laws' Section4. 3.5 Funding Reservation and Installation A property ra nerwill be notified of a funding reae'vetion vie email. The installation roust occur durinj the reservation period, as -described below. Funding Raervaeon; Reeervaton Period. If California Communities approves the application, the funding reservation. will be effective for the period of time identified In the Program Handbook. This period of ems is Waned to as the 'reservation period." The proper!), owner must have a Omitted contractor complete inslalladon of the Authorized Improvements on the subject properly end submit compliant funding request (see'Funtffng Request' in Section 3.6) withInthearppliceble reservation period. tithe property armor ryes to have a qualified contractor complete the installation of Aalthormee Unprnvermenls on the subject prepaid), and submit a compliant funding request duting'the reservation parted, the funding reservation iw>V axpse Expiration. An.appic wntnay guest to.extand the reservation period prior to Its expiration. However, en additional fee �Ylll be legated, s desattred In the Prbaram Ifendbook lf)he read va> a .exphes, the apjiltcaiht May reapply but there re no guenutee that a new reservation wMl be available. Caraciltaiien, An afrpictrht may cancel a funding iesevaton during the teser aeon period, Out will forfeit the application fee end a +ell; not be eligible for funding under that -reservation. The apt cant rimy merely but will not be guaranteed fundmg availabety and will need to pay another application tee. 3.6 Funding Request and Disbursement Funding Request After a qualified contractor has iroinplted inelallaton of Authorized Improvements on the subject prPperty, the property owner must submit Projedt Verification Documents, as described in the Program Handbook. The Flint Program Documents (desolibed inthe Program Handbook WNl then be provided to the.property owner by COW* Communlies. The property owriermlai then sign and stamen* finding rsqusetend Final Program Documents California CommranlUea within the paned of tee spee8Ned In the Program Handbook Fieldirljl merlon; Cancstiation. Details en fun ingexpiraton and cancellation are melded in the Program Handbook. Di epraenient California Communities will approve the Issuance of a create the property owner (or the contractor, If the -properly owner instructs CaNfomta Comnwmibes to pay the contractor directly) after It hes 'received all required documentation from the applicant, and after 1 his confirmed coapffance With the ehgibilty requireeeente. B 82 3.7 Coats of issuance and Administrative Cads The costs Of Walla bonds end administering the Cai%mteFIRBT Program will be financed through Panto is rd appbcaton fees and a met of issuance component of the centraebral assessment teatalenents. CeWoni , Communities costal! lidded an apost1vphe hers] *establishing the talliomf0FIRBT Program end the costs Ogle cities and counties job the CadjomleFlR$T Preffera WM be paid through dtyNcounty set-up fees. Apptitmftonb.s. Awl** fees for 'Milord* propertt awned are not evaded to exceed $350. Non- residsntfal applicstion fees will vary depending on the size end scope otihe peajecl, as detailed In the Program Handbook. Qualify Assurance Fee in certain instances Identified to the Program Handbook. an additional be wI be. charged for supplemental wally pafwranc a run residentlai projects; this amount k not expected to exceed MEL County ColieNion Fee. The be chromed thy! the County to record the aq lubay notices In the real property records will be Included In the principal amount of each property's oontrsdml assessment. Mathes been working with the audtodcontroter for eagh Conrail►. Therese for 1000 the oonbaoprwt aseeesnenbi are expected to range from 025% r214 of the annuli contra** ameapmentputalment. The fees MI be added to the Inns c eontrarduel aessmerdtrat ike 1 paid by each pe idpateg pmi Y owner. CBlifom* Comnentles w■issene in the assessment contract fbe right Jo inor+ease the annual contractual as menient installment paid by property owners We County Incieases.the fee it charges Califtim s Cominunities. Costs of lssusncs. Them** of rotund ibe parade sod the Mad administrative coats include (I) Iegel costs for bond and disclosure comsat (s) undernutlfng costs. 011) issuer costa Cr Cailforala CommUribes. Bind (sr) other mordents] core of issuing the bonds. These costa are built into the principal component of the contractual assessment. The costa of lesuincto Modest In the principal Component are expected* be no move then 6.2&% of thefln.ncsd arneant, On golgg administrative firs. On.gobrg adminlsbilve lees— which **de piaperation Mew assessment 1nsWimeot his, oonbwkig diialoeure reports, mcnItgnrlg PM)* loads. Ceding duInquenofesr and fees charged by the County fort* oolecton of tie canton** assessment instalments on the County peel erty tax pa will be kairdW Ii the adidnistrabie expanse component dew cmdiantna assessment hntallnerua got Ws not elPected to slant Mate income to tree aggregate interest mile nelerated In the. contractual assessment instalments dowse* 1%.alhougb Celfomia Connemliastias rasenwad The pesslhrough to property owners Increased expanses Imposed en d brae Comity. 3.8 Amounts that can be Financed i<Inondng Cost In acerb receive funding. propsry owners w it agree 10 pay ashes' UMW" instalments In an amount equal to (b the appropriate Instalment of the principal eunount tithe cahbaokrel anent (i) knbiroal no the uhp*Id principal amount tithe conkedhal assessment, 010 on-golro adhtdniatralve expenses. 1. Principal Amount The principal amount of the contractual assessment wR be composed dew foNn+ring Items; a Eia6ie Costs. The CallondsPIR8Tprngnen may Sem, the cons of I Authorized improvemehls and wuwgy eildanay or water -efficiency audit: Al boat and state rebates nwet be dl dual ed from the gunned amount prior to approval The amotmtofthe federal Imamate lax Credi (ITC) turd the pry J1y may be audible b receive dose not need to be deducted tomtits Manor* amount. b. Datong to a Debt Service Re pve Fund, Cellfornin Conamrniias may require property Moment ID finance a deposit to a.debt service Tacna And; the reserve band would be used to Pay debt melee on the bonds In the event of contractual actual assessone t instilment delinquencies. The deposit to a debt service reserve 'fund wit typia ray be equal lo 9 83 approximately 1096 of the principal comment of the contractual amassment Subject to the requirements of Califorrda Communities' bond documerds. amounts in the debt service reserve fund will be evallable to pay the final year's contractual -assessment instalments for a property_ o ZEINIZUnkrgit BeCOUSe the COPritY haS eStSbAllhed i *Wipe forplacrog the eentleeteel elteesereente on the CeteltYPIePettrtlet Mk be lehellPelcelePellerlt of the contraoblet assessment may also include telt* tax year's instalments Othe deadline cannot be met d. Costs of imams and Administrative Costs. Initial -administrative costs and the costs of haulm; any bonds are befit into the prIndpel ilcimponeitt Of the tantredettlasselrement alaten. The coats to be mduded in the principal component ere ameded to be no more than az% of the financed amount See Costs of Issuance of Administrate's Coats in Section al. L Interest Rate. The rate of interest On the amount of funding mcelved wil be rood keened rate The rate vile be fixed et the trow of sale for each series of bonds. Participants can check the apphcable rate of interest on the CahromiefIRST Program mantis for each series of bonds that have been Issued. klerkat conditions will determine the interest rale on bonds eared to floats* the CafiforrisPOIST Pamper& 3. On -going Program Administrative Fees. Ses"Costs of issuance end Administrative Costs" in Section 3.7. Ongoing administrative costs Etre reflected In the administrative trortroteleet et the anneal contractual assessment instalments. 3.9 Payment Terms Payment of the CidifornieFIRST contactual annual assessment indatirnents is made through the tiddler:in of e be item on the properly tax NI Paymentiernii :angel= five to twenty we, depending on the expected We of therostelled improvement Contractual assessments may be prepaid in full or in pad et anytime, subject to a prepayment penalty. The prepayment penalty will be identified in the Assessment Contract 3.10 Transfer or Resale of Property The contractual assessment obligationremains en Obligation piths subbotpropinlyetthe sale pith* stayed property. Successor property miners will Mahe disclosure of the contrectual amassment sea result elle two stalebay radices moulded in the real properly rearm*: the Claim ofasseSsmerif and the Tayrnwa of eoneltratial•ASeesemeat Required." In eddltion,• sellers• of property are obligated by cailferlde Iaw-to disdose the contradual assessment obligations to prospective purchasers. 4. Consumer Protection The CallornleFiFtS7 Program is subject to certain State and federal laws designed to protect consumers. Among other things, these laws require Calforna Communities to Csdostirofoinedionto property owners and, only during the three-day period following =MAW of the Assessment Conked, guarantee a PmPertY canter the right to rescind the Assessment Contract without penalty (ncluding the return of the applicabon be). California Commundes 6vilicomp* with al -applicable State and federal laws in connection With the CelfornieFIRST Program. 5. Duration The CalibmIeFIRST Program will cordintie as tamp as there Issefficient demand. 10 84 6. Public Agency Official •C4gforr le Communities will, from lint to lime, authorize certain representatives to execute Avwsunent Contraction dB behalf, the current euthatired representative%: Neme: Daniel B. Noniron Title: Administ,utive Director Phone: 01) 868.82B7 'Emit dhan1 oni@cdties.ap Addresrc 1400 K' t, Suite 400 Secremon o,.CA 95814 7. Changes to the Report California Communities may make changes to this Report end the other CatifomlaFIRBT Program documents from tkne to time in Its absolute discretion. No such charges will strict the amounts payable by a properly owner ender an existing Assessment Contract 8. Program Handbook California Communities has prepared a Program Handbook to communicate CeMfomiaF1RST Program details in propetty'ownnera and odor wed panties. TIC Program Handbook wls be amended front time to bme.to reflect the degnls of the Cali omieFIRST Program. 9. Appendices and Exhibits Exhibit A: Form Assessment Contract —Agreement to Pay Assessment and Finance Improvements Exhnibb B: CalitoniaFIR$T Program Boundary Map Exhibit C: CalifomiaFIR$ Program InRYd Authorized Improvements Exhibit D: Band Structure 11 85 Exhibit A- For m Assessment Contract — Agreement to Pay Assessment and Finance Improvements 86 AGREEMENT TO PAY ASSESSMENT AND FINANCE tMPROVEMENTS CALIFORNIA STATEWIDE COMMUNiTIES DEVELOPMENT AUTHORITY CALIFORM AFIRST (COUNTY OF 1 This AGREEMENT TO PAY. ASSESSMENT AND FINANCE IMPROVEMENTS (this 'Agreement) is made and entered into as delis day of , 20_, byand between the California Statewide Communities Development Authority, a joint exercise of powers authority (the "Authority"), ark the record owners) (the `Property Owner") of the fee this to the real property identified on Exhibit A (the "Property"). poems WHEREAS, the Authority is a joint exercise domes authority the members of which Include numerous cedes and counties In the State of California; and WHEREAS, the Authority has estebeshed the CalifomiaFIRST program (the 'CalfforniaFIRST Program") to allow the financing of certain renewable energy, energy efficiency and water effidency improvements that are permanently fixed to real property (the `Authorized improvements') through the levy demential assessments pursuant to Chapter 29 of Division 7 of Streets & Highways Code ('Chapter2tl) and the issuance of improvement bonds under the improvement Bond Act of 1915 (Streets. and Highways Code Sections 8500 end following) (the "1915 Act") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that astessments may be levied under its provisions only with the free and wiling cogeent of the owner of each lot or, parcel on which an assessment Is levied at the tans the assessment is levied pursuant to a, act between the properly owner and the public agency; and WHEREAS, the Authority has conducted the pr ceedings required by Chapter 29 with respect to the territory wilhin.the boundaies oflhe County of (the 'County); and WHEREAS, the Property is boated in the boundaries of [the City of. ._^. (the `CifYliPha Count►l and the [City/Cour*jj has consented to (I) owners of property wehin its jurisdiction (the'Participating Property Owners" participating in the CeiifornieFIRST Program and (ii) the Authority conducting aseasnt proceedings under Chapter 29 and issuing bonds under the. 1815 Aict to finance the Authored Improvements; and. WHEREAS. pursuant to Chapter29, the Authority and the Property Owner vdsb to enter into a contract pursuant to which the Property Owner would agree to pay an went In_ order to finance the insMilation on the Property piths Authorized impraysrnerds dashed in Exhibit B `improvements") and the Authority would agree to provide financing, all on the terms set forth in this Agroernent NOW, THEREFORE, in oonetderation of the foregoing and the Material covenants hereinafter contained, the Property Owner and the Authority formally covenant, agree and bind I 87 themselves and their successors and assigns as follows: AGREEMENT Section 1. Purpose. The property Owner and the Authority are entering into this Agreement for tbe purpose of financing the Installation of the improvements identified on fochint fi on the Property. The Authority will not finance Installation of improvements other than those listed on Exhibit 8. Section 2. The Property This Agreement relates to the real property identified on Exhibit k The Property Owner has supplied to the Authonly current evidence of its ownershia fee title to the Property and posisesses all legal authority necessary to execute this Agreement on behalf of the Property Ovnter. Section 3. Agreement to Pay Assessment, Prepayment Non -Completion AMMIIIMmt (a) Payment of Initial Assessment. The Property Owner hereby freely and willingly agrees to pay the initial assessment set forth on Exhibit C (the Initial Assessnient". The Authority will not provide financing in an amount in excess of the Initial Assessment Except as otherwise set forth in this Agreerrtent, the initial ASSeeentent will be paid in the installments set forth in Exhibit C. There are Iwo schedules set forth in fochilpit C. if the Authority issues a bond to finance installation of the Improvements on the Property before the County's deadline for plating the first year's installments of the lnitial Auer:401W on the County's property tax roll, then the first year's installments will be hilled on the PM** Owner's property tax bill. Schedule 1 shows the amount of the Initial Assessment and the Initial Assessment instalments payable In this cinurmsianoe. *the Authority issues a bond to finance installation of the Improvements onthe Property afterthe County's deadline for placing the first year's' installments oldie Initial Assessment on the Courthis property tax roll, then the first yeti's Initial Assessment Installments will be financed and will be included in the amount of the initial Assessment Schedule 2 shows the arnount of the Initial Assessment and the initial Assessment Installments payable In this circumstance. Interest will accrue on the WOW Assessment at the Interest rate set forth on Exhibit A beginning on the date on which the Authority tissues bonds to finance the instillation of the Improvements. (b) Payment of Non-Comoletion_Assesentent. The Property Owner hereby freely and agrees to pay the additiOrtai assessment (the *Non -completion Alisissarnesie) Identified on Aschlbft A in the event that the Property Ownerfalie to Install the Improvements in compliance with the Callfomt.FIRST Program rules or otherwise fails to trialt-thaeonditione established by the Authority fortifier:Ana through the Callf0MISPIR ST Program. The Property Owner acknowledges that the purpose of the Non -Completion ArtieSsment is to pmvIde for redemption of anybonds Issued by the Authority to inante instaltation Otte Improvements on the Property, and to pay any costs incurred by the Authority in order to rttleise the lien of the Assessment on the Property. The Property Owner further acknowledges that the ,Non - Completion Assessment will be levied in full by the Alley" as set forth in Section M398,30 of Chapter 29 in the first fiscal year In which the Authority is able to cause the Non-Coniplistion 2 88 Assessment to be placed on the County property tax rail (c) Administrative Expenses. The Property Owner hereby acknowledges that, pursuant to the 1915 Act, including Sections 8882(b) and 8682.1(a), the Authority may add amounts to an annual installment of the Initial Assessment in order to pay for the costs of collecting the Aelleelifileat (the `Addide al Administrative Assessment: together with the Initial Assessment and the Non -Completion Assessment, the *Assessment". (d) Prisvment of the Assessment The Assessment may be prepaid, in whole or in part, at any laic upon the payment of (a) the whole or a por5on of the unpaid principal component of the Assessment, (b) the accrued but unpaid interest component of the whole or applicable portion of the unpaid principal component of the Assessment through the prepayment date, (c) a prept rent premium !tithe amount set forth on !bit A and (d) the reasonable costs of the Authority related to such prepayment (d) Absolute Obiiogjiori. The Property Owner hereby agrees that the Assessment wis not be subject to reduction, offset or credit of any kind in the event that the bonds secured thereby are refunded or for any other reason. Secdon 4.. Collection of Assessment Lisa. The Assessment, and the interest and penalties thereon as a result of a delinquency in the payment of any insialhnent of the Assessment, shag constitute a ben against thePropertyuntil they are paid and shall be collected ted and shall have the lien priority as set forth in Chapter 29. The Property Owner aciorewledges that if any Assessment instilment is not paid when due, the Authority has the tight to have the delinquent Instalment and Its ashodatad per. and interest stripped off the secured property tax roll and immediately enforoed through a Naiad foreclosure action that Could .result in a sale of the Property for the payrnent of the de iinquent installthenas, assodated penalties and interest, and all costs of ink inducing attorneys' teas. The Property Owner acknowledges that, if bonds are sold to finance the Improvements, the Authority may obligate itself, through a covenant with the owners of the bonds, fo exercise its foredoscae rights wAth respect to delinquent Assessment instalments under specified circumstances Section 5. Financing of the imoroverrnents. (a)- Aggment to Finance improvements. The AuUmrtty hereby agrees to use the Aseesemant to thence the Impeavemerds, Including the payment of the Authority's reasonable costs of administering the CaitlbamiaFIRST Program, sithject to the Property Owner's complianoe Oh the conditions for such financing established by the Authority. Agreement may provide for multiple diStrumements for nonyreisidentiai p open (b) Alligtaintelt instalments. The PrIme►rty Owner tamest) the Issuance of bonds by the Authority to finance the installation of the Improvements. The Mire* rate used to calculate the rotted Assessment Installments sat forth on i Cis identified on Eidigal A. if the Authority eeteellinea In'ite niaBettlable discretion that the Initial Asessament ktstailfrielltt may be reduced because the applicable intend rate on the bonds issued to finance installation of the Improvements is !ewer than the intermit rate spartified in fizdfillA, or if the cast of the Improvements, ens ahown in a final invoice provided to the Artt wly by the Property, Owner, is less tenths amount shown" on Exhibit B, then, concurrently wl h the diabureement of funds to the Property Owner, the Authority tray provide the Property Owner with a schedule of annual 3 89 Initial Assessment installments that provides for annual installments that ere • less than otiose set forth in the attached Exhibit C. . Section 6. Term: Aareoment Runs with the tend: Subdivision. (a) Except as otherwise set forth In this Agreement, this Agreement shall expire upon the final payment orprepayment of the Assessment, (b) Thk Agreement establishes rights and obligations that are for the benefit of the Property and, therefore, such rights and obligations run with the land pursuant to Civil Code Section 1462. (c) in the event the Property is subdivided while the A$aessmentt remains unpaid, the Assessment will be assigned to the newly -created parcel on which the improvements are located. If Improvements no longer exist, the Assessment will be assigned to each of the newly -created parcels MI a per -acne basis, unless the Authority, in its sole dii oration, determines that the Assessment should be allocated in an alternate manner. Section 7. Recordation of Documents. The Property Owner hereby authorizes and directs the Authority to cause to be recorded in the office of the County Recorder the various notices and other documents required by Chapter 29 and other applicable laws to be recorded against the Property. Section 8. Nonce. To the extent required by applicable law, the Property Owner hereby agrees to provide written notice to any subsequent purchaser of the Property of the obligation to pay the Assessment pursuant to this Agreement, Section 9. Waterers. Acknowledgment and Agreement. Because this Agreement reflects the Property Owner's tree and willing consent to pay the=Assessment following a noticed public haering,Ahe Property, Oaertrereby, waives any otherwiseappficable mquiremerUs of Article XIIID of the California Constitution or any other:provislon of California law for an engineer's report, notice, public hearing, protest or ballot The Property Owner hereby waives Its right to repeal the Assessment by ini iatIve or any other action, or to file any lawsuit or other proceeding to Ohalionge the Assessment orany aspect of the proceedings of the Authority undertaken in connection with tine Californiai1R$T Program, The Properly Owner hereby agrees that the Proper ,lwnor and.Itr successors in interest to fee title in the Property shall be seletyreeponeible foriheinstaUatlon, operation and. maintenance of the Irnprovements, The Property Owner hha eby acknowwledgestatthe Property will be responstbie for payment of the Assessment regardless of whether the improvements are properly Installed, operated or maintained as expected. The Property Owner hereby agrees that the Authority Is enierinp into this Agreement solely for the purpose of assisting the Property Owner whit the financing of the instsllation of the Improvements, and that. the Authority and Ithe C by/Countyj have no responslblltty of any kind for, and shall Have no liability ari$kig out of, the installation operation, financing, refiinanoing or maintenance of the ImprovemeMs, Rased upon the foregoing, the Property Owner hereby wit, the right to recover from end fully and irrevocably releases the Authority, the ICity/Cuuntyj and any and all agents, err+ployees, attorneys, representatives and successors and assigns of the Authority and the [City/County] from any and ail.lossee, iiabililies, claims, damages (ncluding consequential damages), penalties, fines, forfeitures, costs and expenses 4 90 (including all reasonable out.of-pocket litigation costs and reasonable attorneys fees), relating to the subject matter of this Agreement that the Property Owner may now have or hereafter acquire against the Authority, the (City/County) and any and ail agents,. employees, attorneys, representatives and successors and asters of the Authority or the pity/County]. To theextent that the foregoing twelves and agreements are subject to $coon 1542 of the CaliforniaChi) Code or similar provisions of other applicable law, It Is the intention of the Property Owner that the foregoing waivers and agreements will be effetve as a bat to any and all looses, liabilities. claims, damages [including consequential damages), penatties, tines, forfeitures, costs and -expenses (hyoiuding all reasonable out-of-podcetatigatton costs and reasonable attomey's fees), of whatever drag, nature and kind, Imam or unknown, suspected or unsuspected. and Property OWner agrees to waive any and ail rights and benefits conferred upon the Property Owner by theprevisions of Section 1542 of the California CNN Code or similar provisions of imitable law. Section 1642 reads as follows: NA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOTKNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. By !nitial'ing below, the Property Owner agrees to waive the provisions of Section 1542 in connection with the matters that are the subject of the foregoing wrests and releases. Property Owner's Initiate: The waivers, releases and agreements set forth in this Section 9 shall survive termination of this Agreement Section 10. lndamMfIcatbn. The Property Owner agrees to Indemnify, defend, protect, and hold harmless Authority, the [City/County] and any' and ail agents, employees, attorneys, representatives and successors: and 'Deigns of the Authorty orthe (City/County), from and aigalnst.a!! Tosses, Nobilities, claims, damages (including oonseeuen ial damages), penalties, fines, forfeitures; costs and anpbntea (inciudmg all reasoned* outer pocket litigation costs and reasonable alomeyrs-tees) and any demands of any nature whatsoever related directly or indirectly to, or arising out of or In connection with (i) the Property Owner's participation In the CarrforniaPIRST Pragrgnt, (8) the Assessment, (B) the tmprovernents, or (Iv) any other fact...circumstarce or event related to the subject matter of this Ageedenent, regardless of whether suelosses,. Imbibes, claims, damages (Including .00swequentIel derraages), penalties, finals, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorneys fees). accrue before or after the date -of this Agreement The pfaviebns of this Section 10 shall survive the termination ofthle Agreement Section 11. net to inspect Property. The Property OWner hereby grants the Authority, its agents and representatives the right to enter et arty reasonable time, upon reasonable notice, to inspect the improvements. The Property Owner further hereby grants the Authority, its agents and representauvas the right to mainline and copy any docum entatlon Mating to the Improvements. Section 12. Carbop Credits. The Property Owner hereby agrees that any carbon s 91 credits attributable to the Improvements -shall be owned by the Authority. Section 13. CalifomiaFIRST Aication. The Property Owner hereby represents and warrants to the Authority that the information set forth in the CalifomisFIRST Program Application submitted to the Authorty in connection with its request for financing is true and correct as ofthe date hereof, and that the representations set forth in the Califomiefl RST Program Application with respect to the Property and the Property Owner are true and correct as of the date hereof as if made on the date hereof. Section 14. Amen tit. Except -asset forth in Section S(h), this Agreement'may be mod'dred only by the written agreement of the Authority and the Property Owner, Section 15. 13+ndina Effect: Assignment. This Agreement inures to the benefit of and is binding upon the Authority, the Property Owner and their respective successors and assigns. The Authority has the right to assign any or all of its rights and obligations: under this Agreement without the consent of the Property Owner. The obligation to pay the Assessment set forth in this Agreement's an obligation of the Property and no agreement or action .di the Property Owner will be competent to impair in any way the Authority's. tights, Including, but not limited to, the right to pursue judicial foreclosure ofthe Assessment hen or the tight to enforce the collection of the Assessment or any installment thereof against the Property. Section 16. Eadalbtts. The Exhibits to this Agreement are incorporated into this Agreement by this reference as If set forth in their entirety in this Agreement. Section 17. ;overabdittt. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision of this Agreement Section 18. .Comecthre instruments, The Authority and the Property Owner -agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered. such supplements hereto and such further instruments as may reasonably be required in order to carry out out the expressedrntention of this Agreement. Section 19, Governino Law Venue. This Agreements governed by and construed in accordance with the laws of the Staa of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the Countyy of Sacramento, State of California; provided, however, actions to foreclose delinquent installments of the Aseesenent will be instituted In the superior court of the County or as otherwise provided by law. Section 20. Counterparts. This Agreement may be executed In several counterparts, each of which Is an original and all of which constitutes one and the same instrument. 6 92 IN WITNESS WHEREOF, the Authority and the Property Owner have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date tat above written. CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY 8y: Its: The following are the authorized signatories of the Property Owner. Name: Name: By: By. Ifs: Its" Name: Name: By: By Its' Its: 7 93 EXHIBIT A Agreement Number: Property Owner., Property (APNILegal Description): Prepayment Premium: Interest Rate Used to Calculate Initial Assessment Installments: Non -Completion Assessment The Non -Completion Assessment may include (i) an amount necessary to redeem the attributable portion of any Bonds issued to finance installation of the Improvements on the Property, inclUding but not limited to a prepayment premium in an amount equal to % of the Initial Assessment identified on Exhiit C and (II) en amount necessary to pay the Authority's costs related to the release of the lien of the Initial Assessment on the Property. Reserve Fund Deposit $ . The Authority will fund a deposit to a debt service reserve fund for bonds issued by the Authority to finance Installation of the Improvements on the Property. The reserve fund deposit will be in en amount equal to % of the Initial Assessment A-1 94 EXHIBIT B IMPROVEMENTS The improvements ere deserted en the attached deternentetion. 95 EXHIBIT C SCHEDULE 1 INITIAL ASSESSMENT INSTALLMENTS (assumes the first year's Installments are capNatized, it wia be necessary to capitalize the ifrst years installments if the Authority issues bonds to finance the Installation of improvements on the Property after the County's deadline for placing the first year's -installments on the prgperty tax roll) Fiscal Year Principal (a)* Interest (b)" Administrative Expenses (c)" Total (a) + (b) + (c) Total Initial Assessment: $ " Assurnes bonds are Issued by the Authority to finance Installation of the Improvements 30 days after the date of the application for contractual assessment financing submitted with respect to the Property. Subject to increase pursuant to Suction 3(c) of the Agreement_ C-i 96 Fiscal Year SCHEDULE INITIAL ASSESSMENT INSTALLMENTS (assumes the first year's Installments are not capitalized) Principal (a) Interest (b)' Administrative Expenses:for Total (a) + (b) + (c) Total Initial Aeseesment $ • Assumes bonds are Issued by the Authority to thane Installation of the Improvements 30 days after the date of the application for contactual assessment financing submitted with respect to the Property. • Subject to increase pursuant to Section 3(c) of the Agreement 97 [Attach notary pages] 98 Exhibit B: CaliromiaFIRST Program Boundary Map 99 CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY BOUNDARIES OF CALIFORNIARRST PROGRAM C04/1111Yer IMMO =WIMP GAUFORNIA 1 1 1 Azuapwa Aiwa 1 1 1 3 9 9 1 1 1 A 1 i Exhibit D. Band Structure The bonds will be Issued to Stenos the ins properties In the County end, with Sneede; service on the bonds will be seared ty participating properties of a similar type i5 , n the; CalifomieFIRST Program will be reflected in the arnbunir afifie Gamin owneie. 1..Mleno-bonda:' Micro -bonds` are bonds Issued to emboss the initagation: ofAudiotlzed tmprovemeres for one or a Sneed number of properties. These bonds will be purchased by a third -pa lnvesior idenatied by California Communities. and win be remarketed to the public bond market when a•atgnint esd number of Micro -bonds have been Issued The inlsrest rale iortrlcno-sonde will be set delly torweeldy, but tired at issuance of bonds. The interest on bonds Issued for the CalifornieFlRST Program w l be included in the .annual contractual assessment metatimerds paid by property owners, and, the contractual essesernwrds will be fixed for the duration of the repayment period in the Assessment Contract. Property owners may drop out of the CabfomlaFIRST Proram up to the lie the lien is pieced on the property wilhOut penally beyond the cost of the application fee, subject to applicable law, 3. Pooled band: 'Pooled bonds' are bonds belled 10 finance the installation ofAuthoilied Improvements fora large group of properties: Pooled bonds wni be sold to the market on a quedertyermore frequent basis depending upon the demand for financing by property owners in the openly, le orderie *Waste pooled bond financings, Assessment Contracts will be signed by property owners prbr to issuance of the pooled bonds. The combactuat assessment instelknerrtspayabl by property rimers iirinreAedsi noto-exceed Merest rate on the pooled bonds. No bonds Will be Issued lithe not to exceed thtbrest fate would be exceeded, and contractual tuei assessments wil be reduced downwa l lithe interest tale entre bonds is less then the not -to -exceed interest rate. If a properly owner drops out of the CahfornieVIRST pkogtuni Idler ene hen has been placed on the property but before bonds have been issued, the propt tty owner must pry the Costs of removing the lien end will forfeit the application -fee, subject to the appboabte pew: Ina property owner withdrew from the CaefomieFIRST Program ails the Asserornsnt Conirnct has been signed and pooled bonds have been Issued, ire property owner must peytfie costa associated with removing the lien, Inckiduip the administrative, financing, and pre -payment costs. $. Sinn*4 neFinencf f; terge novtrasidentiel proieafs maybe eligible for aMla id -Wens bond financing depending on the size and type of project. Banks and -other gnawing partners rs moat be d to provide funding for these projects. Under this approach, California Communities wnl issues bond and the bank or other fInandng partner wail purchase the bend. 102 P',1/11,6 oxvf.; Aritel.-aliot 4 Appievat Ptrw.) 4 Caloroatoon S.UPOW,P,S1 • Peg. Pmateey Scscry :44 Pivoylc, infa,Sara. do.,..aaantautw or drwrd Illicto-BoadProom Plxwo ikelksr 103 1 (C •C'WBQhii Proms twpartoten 1! aerh. fingirlteM •NJ paw A tr..* adudgrrd dxYr4Rrrdrok i drama Pooled Bond Pivots* Hsvea rare dt c 104 ATTACHMENT 6 105 RESOLUTION tN0.10R-7 RESOLUTION DECLARING INTENTION TO FINANCE JNSTALtATTON OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS COUNTY OF SAN DIEGO WHEREAS, the California Statewide Communities Development Authority (`Callbmia Communities") is authorized under the authority granted California Communities pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California in accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California {'Chapter 291 to authorize assessments to finance the instalation of distributed generation renewable energy sources, and energy efficiency end water efficiency improvements that are permanently fixed to real property ("Authorized improvements*); and WHEREAS, Chapter 29 authorizes California Communities to enter into contractual assessments to finance the installation of Authorized Improvements In the County of San Diego (the "County'); and WHEREAS, California Communities wishes to declare Its intention to establish a CalifomiaFIRST program (the "CalifomiaFIRST Program") In the County, pursuant to which California Communities, subject to certain conditions set forth below, would enter into contractual assessments to finance the Installation of Authorized Improvements In the County; NOW, THEREFORE, BE IT RESOLVED by the California Statewide Communities Development Authority, as follows: Section 1. Findings. California Communties hereby finds and declares the foiiowring: (a) The above recitals are true and correct. (b) Energy conservation efforts, including the promotion of energy -related Authorized Improvements to residential, commercial, industrial, or other real property, are necessary to address the issue of global dimate change and the reduction of greenhouse gas emissions in the County. (c) Water conservation efforts, including the promotion of water -related Authorized Improvements to residential, commercial, industrial, or other real property, are necessary to address the issue of chronic water shortages in California. (d) The upfront cost of making residential, commercial, industrial, or other real property more energy and water efficient, along with the fact that most commercial loans for that purpose are due on the sale of the property, prevents many property owners from installing Authorized improvements. (e) A public purpose will be seared by establishing a contractual assessment program, to be known as the CalifomiaF1RST Program, pursuant to which California Communftbs wR finance the installation of Authorized Improvements to residential, commercial, industrial, or other real property in the County. Jones Hal, A Professional tare Corporation 1-20-10 1 106 Section 12. Set Uo Fees. The County and various cities within the County may advance fees to California Communities to pay for certain costs of establishing the CallforniaFIRST Program, some or all of which represent State Energy Program (SEP) funds. The Program Manager is hereby authorized and directed to return to the County and cities, as eppNcabie, any fees paid to California Communities by the County and cities, as applicable, that do not represent SEP funds and that California Communities does not use to pay for the costs of establishing the CalifomiaFIRST Program. Section 13. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the California Statewide Communities Development Authority this January 27, 2010. I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of saki Authority at a duly called meeting of the Commission of said Authority held in accordance with law on January 27, 2010. Authorized Signatory California Statewide Communities Development Authority 6 107 Section 2. Determination of Public Interests. California Communities hereby determines that (a) it would be convenient, advantageous, and in the public interest to designate an area, which shall encompass the entire geographic territory within the boundaries of the County, within which California Communities and: property owners within the County may enter into contractual assessments to finance the installation of Authorized Improvements pursuant to Chapter 29 and (b) it Is in the public Interest for California immunities to finance the installation of Authorized Improvements In the County pursuant to Chapter 29. Section 3. Identification of Authorized ImorovenZents. California Communities hereby declares that it proposes to make contractual assessment financing available to property owners to finance installation of Authorized improvements, including but not limited to those improvements detailed in the Report described in Section 7 below, as that Report may be amended from time to tine. Section 4. identification of Boundaries. Contractual assessments may be entered into by property owners located within the entire geographic territory of the County; provided, however, that California Communities shall not enter into contractual assessments to finance the installation of Authorized improvements with the owner of any property in the County unless requested to do so first by the County if the property is located in unincorporated territory or a city if the property is located in incorporated territory and after such city or the County, as applicable, has held a public hearing pursuant to Section 6586.5 of the Government Code of the State of California. The form of resolution pursuant to which the County or cities may request California Communities to enter into contractual assessments to finance the installation of Authorized Improvements is attached as Exhibit A. Section & Pror osed Financino *refinements. Under Chapter 29, California Communities may issue bonds pursuant to Chapter 29 that are payable by contractual assessments and California Communities may advance its own funds to finance work to be repaid through contractual assessments, and may from time to time sell bonds to reimburse itself for such advances. Division 10 (commencing with Section 5500) of the Streets & Highways Code of the State (the improvement Bond Act of 1915) shall applyto any bonds issued pursuant to Chapter 29, Insofar as the Improvement Bond Act of 1915 Is not in conflict with Chapter 29. California Communities shall determine the creditworthiness of a property owner to participate in the financing of Authorized Improvements based on the criteria developed by the Program Manager in consultation with the CatifornieFIRST Program financing team. In connection with bonds Issued under the Improvement Bond Act of 1915 that are payable from contractual assessments, serial andlor term improvement bonds shall be Issued in such series and shall mature in such principal amounts and at such times (not to exceed 20 years from the second day of September next following their date)'and at such rate or rates of interest (not to exceed the maximum rate permitted by applicable law) es shall be determined by California Communities at the time of the issuance and sale of the bonds. The provisions of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the Intention of California Communities to create a special reserve fund for the bonds under Part 16 of the improvement Bond Act of 1915. California Communities win not advance available surplus funds from Its treasury to cure any deficiency in the redemption fund to be created with respect to the bonds; provided, however, that this determination shah not prevent California Communities from, in Its sole discretion, so advancing funds. The bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable 2 108 laws permitting refunding of the bonds, upon the conditions specified by and at the determination of California Communities. California Communitles hereby authorizes the Program Manager, upon consultation with bond counsel and the CaiifomlaFIRST Program underwriter, to provide for the issuance of bonds payable from contractual assessments. In connection with the issuance of bonds payable from contractual assessments, California Communities expects to obligate itself, through a covenant with the owners of the bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment installments under specified circumstances. Section 6. Pubic Hearing. Pursuant to the Act, California Communities hereby orders that a public hearing be held before this Commission, at 1400 K Street, 3rd Floor, Sacramento, CA 95814, on March 10, 2010, at 10:00 a.m., for the purposes of allowing interested persons to object to or inquire about the proposed program or any of its particulars. The public hearing may be continued from time to time as determined by the Commission for a time not exceeding a total of 1 BD days. At the time of the hearing, the Report described in Section 7 below shall be summarized and the Commission shall afford all persons who are present an opportunity to comment upon, object to, or present evidence wtih regard to the proposed contractual assessment program, the extent of the area proposed to be included within the program, the terms and conditions of the draft Contract described in Section 7 below, or the proposed financing provisions. Following the public hearing, California Communities may adopt a resolution confirming the Report (the "Resolution Confirming Report") or may direct the Report's modification in any respect, or may abandon the proceedings. The Commission hereby orders the Secretary to publish a notice of public hearing once a week for two successive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient The period of notice wry commence upon the first day of publication and terminate at the end of the fourteenth day. The first publication shall occur not later than 20 days before the date of the public hearing. Section 7. Report. The Commission hereby directs the Program Manager for the CalifomiaFIRST Program to prepare and file with the Commission a report (the "Report") at or before the time of the public hearing described in Section 6.above containing all of the following: (a) A map showing the boundaries of the tenttory within which contractual assessments are proposed to be offered, as set forth in Section 4 above. (b) A draft contract (the "Contract") epecfying the terms and conditions that would be agreed to by California Communities and a property owner within the County. The Contract may allow property, owners to purchase directly the related equipment and materials for the installation of the Authorized Improvements and to contract directly for the installation of such Authorized Improvements. (c) A statement of California Communities' policies concerning contractual assessments including all of the following: 3 109 (1) identification of types of Authorized Improvements that may be financed through the use of contractual assessments. (2) Identification of the California Communities official authorized to enter into contractual assessments on behalf of California Communities. (3) A maximum aggregate dollar amount of contractual assessments In the County. (4) A method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d) A plan for raising a capital amount required to pay for work performed pursuant to contractual assessments. The plan may include amounts to be advanced by California Communities through funds available to it from any source. The plan may indude the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The plan shall include a statement of or method for determining the Interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of al or any portion of the costs incidental to financing, administration, and collection of the contractual assessment program among the consenting property owners and California Communities. (e) A report on the results of the consultations with the County Auditor -Controller described in Section 9 below concerning the additional fees, if any, that will be charged to California Communities for Incorporating the proposed contractual assessments Into the assessments of the general taxes of the County on real property, and a plan for financing the payment of those fees. Section 8. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the Interest and any penalties thereon, will constitute a Ilen against the lots and parcels of land on which they are made, until they are paid. Unless otherwise directed by California Communities, the assessments shall be collected in the same manner and at the same time as the general taxes of the County on real property are payable, and subject to the same penalties and remedies and Lien priorities in the event of deNnquency and default. Section 9, Consultations with County Auditor -Contra . Caldomia Communities hereby directs the Program Manager to enter into consultations with the County Auditor - Controller in order to reach agreement on what additional fees, if any, will be charged to California Communities for incorporating the proposed contractual assessments into the assessments of the general taxes of the County on real property. Section 10. j'reoaration of Current Roll of Asleesfnent. Pursuant to Section 5898.24(c), California Communities hereby designates the Program Manager (or his/her designee) as the responsible official for annually preparing the current roll of assessment obligations by assessor's parcel number on property subject to a voluntary contractual assessment. Section 11. procedures for *montane to'Inaulrias. The Program Manager shall establish procedures to promptly respond to inquiries concerning current and future estimated liability for a voluntary contractual assessment. 4 110 Section 12. Set-Uo Fees. The County and various cities within the County may advance fees to California Communities to pay for certain costs of establishing the CalifomiaFIRST Program, some or all of which represent State Energy Program (SEP) funds. The Program Manager is hereby authorized and directed to retum to the County and cities, as applicable, any fees paid to California Communities by the County and cities, as applicable, that do not represent SEP funds and that California Communities does not use to pay for the costs of establishing the CaIfomiaFIRST Program. Section 13. Effective Date. This resolution shall take effect immediately upon Its adoption. PASSED AND ADOPTED by the California Statewide Communities Development Authority this January 27, 2010. I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of said Authority at a duly called meeting of the Commission of said Authority held in accordance with law on January 27, 2010. • By: Authorized Signatory California Statewide Communities Development Authority 5 111 ATTACHMENT 7 112 INDEMNIFICATION AND INSURANCE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RENEWABLE FUNDING, LLC This Indemnification and Insurance Agreement (the "Agreement") is entered into by and between the City of National City a municipal corporation (the "City") and Renewable Funding, LLC, a California limited liability company (the "Administrator"), the administrator of the CaliforniaFIRST Program, which is a program of the California Statewide Communities Development Authority, a California joint exercise of powers authority (the "Authority"). RECITALS WHEREAS, the Authority is a joint exercise of powers authority whose members of which include the City in addition to other cities and counties in the State of California; and WHEREAS, the Authority established the CaliforniaFIRST Program ("PACE Program") to allow the financing of certain renewable energy, energy efficiency, and water efficiency improvements that are permanently affixed to real property through the levy of assessments voluntarily agreed to by the participating property owners pursuant to Chapter 29 of Division 7 of the California Streets and Highways Code ("Chapter 29") and the issuance of improvement bonds under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter 29 with respect to the territory within the boundaries of the City; and WHEREAS, on August 19, 2014, the City Council of the City of National City adopted a resolution authorizing the City to join the PACE Program, authorizing the Authority to accept applications from eligible property owners, conduct assessment proceedings and levy assessments within the territory of the City, and authorizing related actions; and WHEREAS, the Authority is solely responsible for the formation, operation, and administration of the PACE Program, as well as the sale and issuance of any bonds in connection therewith, including the conduct of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, „ale, and administration of any bonds issued by the Authority on behalf of the PACE Program; and WHEREAS, the Administrator is the administrator of the PACE Program and agrees to indemnify the City and provide insurance adding the City as an additional insured on its insurance policy or policies in connection with the operations of the PACE Program as set forth herein. NOW, THERFORE, in consideration of the above premises and of the City's agreement to join the PACE Program, the parties agree as follows: Indemnification and Insurance Agreement 1 City ofNatonal City and Renewable Funding, LLC 113 1. Agreement to Indemnify. The Administrator agrees to defend, indemnify, and hold harmless the City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands, and defense costs (including, without limitation, actual, direct, out-of- pocket costs and expenses, and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of or in connection with the PACE Program, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. The Administrator will conduct all defenses at its sole cost and expense, and the City shall reasonably approve selection of the Administrator's counsel. This indemnity shall apply to all claims, and liability regardless of whether any insurance policies of the Administrator, its affiliates or any other parties are applicable thereto. The policy limits of any insurance of the Administrator, its affiliates or other parties are not a limitation upon the obligation of the Administrator, including without limitation, the amount of indemnification to be provided by the Administrator. 2. Insurance. The Administrator agrees that, at no cost or expense to the City, at all times during the operation of the PACE Program, to maintain the insurance coverage set forth in Exhibit "A" to this Agreement. 3. Amendment/Interpretation of this Agreement This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 4. ,Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 5. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 6. $everability and Governing Law. If anyprovision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreements shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 7. Notices. All notices, demands and other communications required d or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: indemnification and mnantance Agreement 2 City ofNatonal city and Renewable Funding, LLC 114 If to the Administrator Renewable Funding, LLC 500 12th Street, Suite 300 Oakland, CA 94607 If to the City: Alfredo Ybarra Director of Housing, Grants, and Asset Management City of National City 1243 National City Boulevard National City, CA 91950-4301 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 9. Effective Date. This Agreement will be effective as of the date of the signature of City's representative as indicated below in the City's signature block. IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below. CITY ADMINISTRATOR CTI'Y OF NATIONAL CITY RENEWABLE FUNDING, LLC By: Ron Morrison, Mayor APPROVED AS TO FORM: By: (Name) (Print) (Tide) Claudia Gacitua Silva Date: City Attorney Indemnification and Inamnnce Agreement By: (Name) (Print) (fisle) Date: 3 City of Manual City and R icwableFunding,LLC 115 EXHIBIT A INSURANCE A. Minimum Scone of Insurance Coverage shall be at least as broad as: 1. The coverage provided by Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CO 0001; and 2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall be included for all owned, non - owned and hired automobiles; and 3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and 4. Professional Liability Errors & Omissions for all professional services. There shall be no endorsement reducing the scope of coverage required above unless approved by the National City Risk Manager. B. Minimum Limits of Insurance Administrator shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $l,000,000 per accident; and 4. Professional Liability Errors & Omissions $1,000,000 per occurrence/ aggregate limit. C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to, and approved by the National City Risk Manager. At the option of City, either: the insurer shall reduce or eliminrm; such deductibles or self -insured retentions as respects City, its officers, employees, agents and contractors; or Administrator shall procure a bond guaranteeing payment of losses and related Indemnification and Insurance Aweement 4 city of 1Vaonal city end Renewable Aladin& ILC 116 investigations, claim administration and defense expenses in an amount specified by the National City Risk Manager. 1). Other insurance provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages. a. National City, its officers, employees, agents, and contractors are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of Administrator; products and completed operations of Administrator; premises owned, leased, or used by Administrator, and automobiles owned, leased, hired or borrowed by Administrator. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, employees, agents, and contractors. b. Administrator's insurance coverage shall be primary insurance as respects the City, its officers, employees, agents, and contractors. Any insurance or self-insurance maintained by City, its officers, employees, agents, or contractors shall be excess of Administrator's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies by Administrator shall not affect coverage provided to the City, its officers, employees, agents, or contractors. d. Coverage shall state that Administ'rator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Coverage shall contain a waiver of subrogation in favor of the City, its officers, employees, agents, and contractors. 2. Workers' Compensation and Employers' Liability. Coverage shall contain waiver of subrogation in favor of National City, its officers, employees, agents and contractors. 3. All Coverages Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. indemnification Bad insurance Agreement 5 (Sty of Natonal City and Renewable Funding, LLC 117 E. Acceptability of Insurers. Insurance is to be placed with insurers acceptable to the National City Risk Manager. F. Verii cation of Coverage. Administrator shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Proof of insurance shall be either emailed in pdf format to: eamaya@a nationalcitvcaa.nov or mailed to the following postai address or any subsequent address as may be directed in writing by the National City Risk Manager: Risk Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 G. Subcontractors Administrator shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. Indemnification and Insurance Agreement 6 City of Mould City and Row/able Funding, LLC 118 ATTACHMENT 8 119 FIGTREE PACE Program Report Revised: June 4, 2014 120 CoNTENTs L Introduction 1 A. Parties Identified in this Report 2 1. Issuing Agency: CBDA 2 2. Program Administrator: Fig Company, Inc. ("Figtree") 2 3. Bond Administrator: Wilidan Financial Services ("Willdan") 2 B. Participating Agencies Included in this Program Report 2 C. Background 3 D. Program Goals 3 E. Program Benefits 4 F. Program Administration 4 G. Financing Plans 5 H. Geographic Parameters 5 I. Changes to Report 5 11. Program Requirements for Participation in Commercial Financing 5 A. Eligible Property Owners and Property Classifications 5 B. Eligible Improvements 6 C. Eligible Costs 7 D. Administrative Costs 7 E. Application Process 8 111. Program Plan for Commercial PACE Financing 11 rv. Program Requirements for Participation in Residential Financing. 11 A. Eligible Property Owners and Property Classifications 11 B. Eligible Improvements 12 C. Eligible Costs 12 D. Administrative Costs 13 E. Application Process 14 V. Program Plan for Residential PACE Financing 16 VI, Program Requirements for Participating Contractors 16 A. Eligible Contractors 16 VII. Appeals 17 VIII Program and Financing Disclosures 18 A. Financing Amount and Terms — Commercial Properties 18 4829-6142-0561J 121 1. Minimum Assessment Financing Amount 18 2. Maximum Assessment Financing Amount 18 3. Financing Term 18 B. Financing Amount and Tams — Residential Properties 19 1. Minimum Assessment Financing Amount 19 2. Maximum Assessment Financing Amount 19 3. Financing Term 19 C. Maximum Portfolio 19 D. Priority of Funding 19 E. Accelerated Foreclosure 19 F. Prepayment 20 G. Assessment Interest Rate 20 DC.. Exhibits 20 4829-61 a2-0561.1 122 L INTRODUCTION This report ("Program Report") has been prepared in compliance with Section 5898.22 and 5898.23 of Chapter 29 of the California Streets and Highways Code in connection with the development and implementation of Figtree PACE (the "Program"), a Property Assessed Clean Energy ("PACE") financing program, within the jurisdictions of California cities and counties that are already members of or those which are pending or will become members of the California Enterprise Development Authority ("CEDA"), referred to as 'Participating Agencies." The Figtree PACE program, also known as the California PACE Program, (both the "Program"), is a local government initiative designed to unlock the multibillion dollar economic stimulus of energy efficiency. The Program gives California Property Owners (defined as owners of record of commercial and/or residential property(ies)) access to upfront financing for energy efficiency, renewable energy, and water conservation property improvement projects which create local jobs, encourage sustainable building practices, and help municipalities reach climate protection goals — all without relying on public funds. The Program is offered by the California Enterprise Development Authority ("CEDA'), a joint powers authority established by the California Association for Local Economic Development ("CALED"), which has retained Figtree Company, Inc. ("Figtree") as the Program Administrator. The Program is established pursuant to California Assembly Bill 811, adopted in 2008, which provides for local agencies to leverage the power of voluntary contractual assessments, as a financing mechanism, to finance property improvements to promote the public purpose of energy and water resource efficiency. This Program Report is the authoritative document for the Program and fulfills the Section 5898.22 and 5898.23 requirements and contains the following: • Policies of CEDA concerning contractual assessments, which include the following: o Authorized improvements for Program financing (See Exhibit C) o Identification of the CEDA official authorized to enter into contractual assessments on behalf of CEDA (See section I.A) o Maximum aggregate dollar amount of voluntary contractual assessments authorized for the Program (See section VIII.C) o Guidelines for prioritizing financing requests in the event that such requests may exceed authorization amount (See section VIILE) o Underwriting criteria for Program eligibility (See section ILA and IVA) o Safeguards used to ensure total annual property tax and assessments on property will not exceed 5% of property value per California Code (See section VIII.R.2 and VIII.B.2) o Fundraising plan for capital to pay for work performed (See section HI and V) • Summary of discussions with the County Auditor/Controllers with jurisdiction over the Participating Agencies as to the fees chargeable to Participating Agencies and/or Program participants for incorporating voluntary contractual assessments into the property tax bills (See section ILD and NC) • Maps showing the territory, with delineated boundaries, in which contractual assessments are offered (See Exhibits A4-I through A-47) • Draft Anemment Contract between a Property Owner and CEDA specifying the terms and conditions of the financing (See Exhibit B) 45294142-0561.1 1 123 A. Polies Identified in this Report Energy financing programs, such as Pigtte PACE, are continually evolving with emerging financial products and solutions. Because of the nature of the energy efficiency financing structure, the financing ng team participants may vary throughout the life of the Program and additional financing participants may be used at the discretion of Figtree and/or CEDA, as required. 1.Issuing Agency: CEDA CEDA 550 Bercut Drive, Suite G Sacramento, CA 95811 Phone: 916-448-8252 Web: ceda.caled.org CEDA has authorized its Chair to enter into contractual assessments on behalf of CEDA. 2.Program Administrator: Figtree Company, Inc. ("Figtree") Figtree is a San Diego based company specializing in municipal and energy financial services. 3.Bond Administrator: Willden Financial Services ("Wi idan") Wildan is a subsidiary of Wi ldan Group, Inc., a publicly traded company (NASDAQ: WLDN), specializing in financial and economic consulting for growth planning, revenue generation, debt administration and municipal services. B. Participating Agencies Included in this Program Report The cities and counties that have adopted the required resolutions authorizing CEDA to establish and administer a PACE assessment district on their behalf (each a "Participating Agency," collectively "Participating Agencies") are as follows: • City of South San Francisco — adopted February 22, 2012 (Resolution'Nos.15-2012,16-2012) • City of Pittsburg — adopted March 5, 2012 (Resolution No. 12-11786); • County of Kern — adopted March 13, 2012 (Resolution No. 2012-033); • City of Dublin - adopted March 20, 2012 (Resolution No. 36-12); • City of Redlands — adopted March 20, 2012 (Resolution No. 7140); • City of Rancho Cordova — adopted April 16, 2012 (Resolution No. 24-2012). • County of Alameda —adopted April 24, 2012 (R-2012-135); • City of Elk Grove — adopted May 31, 2012 (Resolution No. 12-24); • City of Yuba City — adopted August 16, 2012 (Resolution No. 12-035); • City of Kingsburg — adopted August 16, 2012 (Resolution No. 2012-31); • City of Clovis — adopted May 21, 2012 (Resolution No. 12-28); • City of Fresno —adopted October 18, 2012 (Resolution No. 2012-181); • City of San Diego — adopted October 23,2012 (Resolution No. R-307794); • City of Commerce — adopted November 20, 2012 (Resolution No.12-130); • City of Palm Springs —adopted December 19, 2012 (Resolution No. 23282); • County of Butte — adopted March 26, 2013 (Resolution No.13-048); • City of Bakersfield — adopted April 17, 2013 (Resolution No. 040-13); • City of San Marcos — adopted April 23, 2013 (Resolution No. 2013-7772); • City of Vista — adopted April 23, 2013 (Resolution No. 2013-48); • City of Santee — adopted April 24, 2013 (Resolution No. 029-2013); 4829.6142-0561,1 2 124 • City of Chico — adopted June 4, 2013 (Resolution No. 40-13); • City of Oroviile — adopted June 4, 2013 (Resolution No. 8075); • City of Oceanside — adopted June 5, 2013 (Resolution No. 13-R0397-1); « County of San Diego — adopted August 6, 2013 (Resolution No. 13-106); • City of Turlock — adopted August 13, 2013 (Resolution No. 2013-141); • City of Hawthorne — adopted August 13, 2013 (Resolution No. 7568); • City of Stockton — adopted August 27, 2013 (Resolution No. 1201-02); • Town of Paradise — adopted July 9, 2013 (Resolution No. 13-39); • City of Rancho Palos Verdes — adopted September 9, 2013 (Resolution No. 2013-59); • City of Lomita — adopted August 19, 2013 (Resolution No. 2013-44); • City of El Segundo — adopted August 20, 2013 (Resolution No. 4837); • City of Anaheim — adopted October 8, 2013 (Resolution No. 159); City of San Jose — adopted December 3, 2013 (Resolution No. 76871); City of Hermosa Beach — adopted September 10, 2013 (Resolution No. 13-6875); • City of Rolling Hills — adopted October 14, 2013 (Resolution No. 1152); + City of Gardena — adopted October 8, 2013 .(Resolution No. 6103); + City of Lemon Grove — adopted November 19, 2013 (Resolution No. 3233); • City of Carlsbad — adopted December 3, 2013 (Resolution No. 2013-283); • City of Solana Beach — adopted March 26, 2014 (Resolution No. 2014-004); • City of Santa Paula — adopted April 21, 2014 (Resolution No. 6871); • County of Monterey — adopted May 14, 2014 (Resolution No. 14-424); • City of El Cajon — adopted April 22, 2014 (Resolution No. 040-14); • City of Escondido — adopted April 9, 2014 (Resolution No. 2014-47) • City of Cypress • City of Imperial Beach • City of Inglewood • City of Willows C. Background Assembly Bills 811 and 474 (the "Legislation") were approved by the California Legislature and signed into law by the Governor in 2008. Under these bills, the California Legislature declared that a public purpose is served by financing property improvement projects related to renewable energy, energy efficiency, water conservation (collectively known as the "Authorized Improvements") through voluntary contractual assessment programs. The Legislation applies to residential, commercial, industrial, and other real property. Figtree PACE was developed to provide California cities and counties a turnkey, no -cost approach in compliance with Assembly Bills 811 and 474. On December 15, 2011 CEDA approved the Program, becoming the requisite public agency for assessment district formation. Subsequently, cities and counties have opted to participate in the Program by joining CEDA and passing the requisite resolutions. Figtree has supported, and continues to support, public agencies along the path to participation in the Program. The Figtree PACE model has proved successful, with the initial round of project funding occurring in December 2011. D. Program Goals The primary goals for the Program are to create local jobs, stimulate local economies, and help cities and counties meet energy and climate protection goals. 4e24 6142-0561.1 3 125 In terms of goals for the PACE category, the Program aims to create a financial lending product by which PACE financing becomes a mainstream asset class with a high degree of standardization, predictability, and scale, leading to decreased transaction costs for the benefit of California Property Owners. E. Program Benefits Figtree PACE offers multiple benefits to eacb category of Program stakeholders: Cities and counties, Property Owners, and contractors and vendors. Participating Agencies may benefit from: e Business attraction and retention • Increased sales tax revenues • Increased permit fee revenues • Cleaner communities and improved property values • Emissions reductions to comply with state mandates For Property Owners, the Program offers: • Opportunities to reduce utility costs through property improvements • Enabling project vapital for much -needed upgrades • A no -money -down financing alternative • Fixed -rates and longer terms than many conventional financings For contractors and vendors, the Program offers: • Project -enabling financing to reach new and existing clients • Marketing and outreach opportunities • Development of sustainable business practices • Increased revenues and profitability F. Program Administration The Program is sponsored by CEDA, which is authorized to form assessment districts on bebalf of the Participating Agencies and cater into Assessment Contracts with Property Owners. Figtree has been retained by CEDA as the Program Administrator for all administrative, outreach, and funding activities of the Program, including but not limited to: • Advising Participating Agencies on Program setup; • Community education and Marketing outreach; • Responding to Property Owner inquiries; • Approving contractors for Program participation; • Processing assessment financing applications (the "Application"); e Bond administration and lien recordation; • Facilitating the distribution of funds 48294142-0561.1 4 126 G. Financing Plans In order to provide financing that suits the economics of energy efficiency, renewable energy, and water conservation projects, the Program has been designed to accommodate various sources and methods of funding the Authorized Improvements. Authorized Improvements may be funded through one or more of the following or any other legally available method approved by the CEDA board: • Issuance of municipal bonds: Issuing municipal bonds for either a single project or a pool of Projects. • Free market sourcing: Facilitating the "open market" model by which a borrower can choose its own PACE lender and CEDA may issue a micro bond or assign the Assessment Contract for the benefit of the PACE lender. • Warehouse Lending Facility: Utilizing warehouse or interim facility to fund PACE projects and hold Assessment Contracts until a takeout through securitization or issuance of bonds. H. Geographic Parameters The Program is available to Property Owners within the legal jurisdiction of the Participating Agencies. Both cities and counties may join the Program. When a county adopts the Program, the Program becomes available to Property Owners in unincorporated areas and incorporated cities gain a simplified approach to Program participation. A city within a participating county may opt -in to the Program by the city's legislative body adopting a resolution requesting inclusion in the existing county Program. Pursuant to such resolution to participate in the Program, the city will find and declare that the properties in the city's incorporated area will benefit from participation. Furthermore, the city's resolution will authorize CEDA to implement the Program, and take actions necessary for financing the Authorized Improvements. If the city is not a member of CEDA, it must also adopt a resolution joining CEDA. I. Changes to Report CEDA and/or Figtree may make changes to this Report that are reasonably determined to be necessary to clarify its provisions, accomplish Program goals, and provide additional services that do not conflict with any existing provisions. CEDA and/or Figtree may modify from time to time the Authorized Improvements (Exhibit C), the Assessment Contract (Exhibit B), and terms of the Figtree PACE Application (Exhibit D) as deemed necessary. Participating Agencies may request modifications to the Program Report and CEDA may matte such modifications if deemed appropriate. IL PROGRAM REQUIREMENTS FOR PARTICIPATION IN COMMERCIAL FINANCING A. Eligible Property Owners and Property Classifications Figtree PACE is designed to be a robust program that responsibly delivers assessment financing. Program applicants (also "Property Owners") must meet a number of financial standards to qualify. Property Owners may be individuals, associations, business entities, cooperatives, and virtually any owner of taxable real property. The PACE financing structure enables Property Owners to make no 'personal guarantees, as the financing is secured by the Property (defined as the property which is the subject of an 4829-614243961.1 5 127 Application). Therefore, Figiree PACE financing does not encumber Property Owner's personal credit, malting the Program a financially viable option for property owners large and small. While the upper limit on the amount of financing available, as determined by the value of the Property, is sufficient for most projects, Property Owners may use the Program as one layer of an overall financing strategy to accommodate the largest of projects. Additionally, Property Owners are eligible to make multiple Applications for additional energy and water efficiency measures, provided that the Applications are within the scope of the underwriting criteria The underwriting criteria for qualifying Program participants include: • Applicant(s) is/are the legal owner(s) of the Property described in the Application • Property Owner is current on property taxes for the Property • Property Owner is current on private property debt and has not been delinquent in the past three (3) years or since owning the Property, if less than 3 years • Mortgage lender(s) has/have been provided the Notice of Request for Lender Consent and Acknowledgement (if applicable) • Property Owner has not declared bankruptcy in the past five (5) years • Property is not listed as an asset in bankruptcy • The lien -to -value ratio (excluding assessed financing amount) does not exceed one hundred percent (i.e. no negative equity) • Property is developed and located within the jurisdiction of a Participating Agency • Property is classified as Commercial (including Industrial, multifamily, etc.) Eligible Property Classifications Commercial property is generally defined as any property not used as a single family or multifamily residence (up to 4 units). Examples of eligible commercial property include: • Multifamily Units (5 or more units) • Warehouse • Manufacturing/Industrial • Hotel • Office • Retail/Wholesale • Shopping Centers • Restaurants B. Eligible Improvements The Program accommodates a wide range of energy and water savings measures, consistent with the following provisions. • Authorized Improvements must be permanently fixed to the Property. • Program financing is provided only for portion of project costs associated with the Authorized Improvements, that is, no costs of remodeling or new construction are eligible for Program financing (discussed fwther in section II.C). • Program financing is intended for replacement of outdated equipment and installation of new equipment that reduces energy and/or water consumption. • Program financing is made available far the following types of Authorized Improvements: o Energy efficiency 4829fi1424611 6 128 o Renewable energy o Water conservation o Alternative/ Custom Improvements Note on Alternative/ Customer Improvements: Upon review and approval by Figtree, Program financing is made available for emerging technologies for energy improvements that provide new ways to save or generate energy. These improvements will be evaluated on a case -by -case basis. For further examples of Authorized Improvements, see Exhibit C. C. Eligible Costs Eligible costs of Authorized Improvements include the cost of equipment and installation. Installation costs may include, but are not limited to, materials, labor, legal fees, appraisal fees, drafting, engineering, application fees, permit fees, processing fees, energy audit, and inspection charges. Remodeling, repair, and/or new construction costs do not qualify for Program financing except to the extent such construction is required for installation of a qualifying Improvement. Such equipment may include solar leases where such leases meet requirements of the PACE Program. Property Owners are encouraged to obtain bids from multiple Eligible Contractors, as each transaction is between the Property Owner and the Eligible Contractor. Neither Figtree nor CEDA nor a Participating Agency makes representations of the quality of work provided by an Eligible Contractor. Property Owners must protect their own interests and obtain the best price, service, and warranties. The role of Participating Agencies is limited to authorizing a financing district. The Property Owner is fully responsible for his or her purchase, service and performance expectations, and warranties. In each case, Figtree will determine whether the estimated equipment and installation costs are reasonable. Figtree reserves the right to evaluate market conditions and, at its discretion, require additional bids to determine whether ,costs are reasonable. While the Property Owner is encouraged to select the bidder of his or her choice from the list of Eligible Contractors, the amount available for assessment financing may be limited to an amount deemed reasonable by Figtree. In the event that (a) the acquisition, construction and/or installation of the Improvements (including, but not limited to commencing the permit process) has not commenced within 180 days of the issuance of the financing for the Improvements, or (b) all or a portion of the proceeds of the financing are not utilized to fund the Improvements within two (2) years of the issuance of the financing, the remaining Improvements shall not be funded under the Assessment Contract and the amount of the financing amount owing to the Contractor shall not be tendered to the Contractor; and the Borrower shall be responsible for the unpaid accrued interest, closing costs, related administrative costs and a special five percent (5%) termination fee relating to the unfunded amount as of the settlement date. D. Administrative Costs Discussions with the appropriate Auditor/Controller's offices have been initiated. It is anticipated that standard fees for placing special assessments on the tax roll will apply. Figtree has been in consultation with the County Auditor -Controller of each Participating Agency regarding any fees resulting from the incorporation of the contractual assessments into the general taxes of the County on real property. Based on Figtree's current and ongoing discussions, fees will be in 4529-6142-0561.r 7 129 accordance with the normal fees of each County Auditor -Controller for placing similar assessment charges on the County tax roll for general property taxes. These fees will be collected directly from participating Property Owners as a portion of the Recovery Fee associated with the annual levy amount. Administrative fees are recovered by the "spread" between bond rates and the Program financing interest rate, and by an annual administrative charge added to the annual assessment amount billed to each Property Owner each year. Other than the fees below, the Property Owners will not be billed for any additional charges or assessments. The following costs will be the responsibility of the Property Owner: • Application Fee: The fee is $695 per Commercial Application and included in the total financing. A fee of $100 per parcel will apply to properties on multiple contiguous parcels with the same occupancy use if the assessment amount is allocated acmes such parcels. The Application Fee includes title verification and recordation of closing documents with the county in which the Property is situated. • Financing Issuance Fee: At the time of closing, Figtree will charge you a one-time administration fee of up to four percent (4%) and not less than two percent (2%) of the principal amount of the assessment on the Property to cover the additional transaction costs of the Program. This fee will be added to the total assessment amount financed. • Annual Administrative Fee: A charge of up to three percent (3%) and not less than one percent (1%) of the total annual assessment amount will apply for cost recovery. This administrative cost recovery will be added to the annual assessment amount. • Permit Fees: Property Owners trust determine whether a'permit(s) is/are required for the chosen improvement measures. If required, Property Owners will be responsible to pay permit fees. Permit fees are eligible for inclusion in the financing. • Progress Draws: For large projects, progress draws or multiple disbursements may be available to alleviate the burden of carrying costs. Progress draws are subject to a fee to the contractor of $495 each A maximum of two progress draws may be taken. E. Application Process Step 1: Apply and Get Approved for Financing To begin, the Property Owner must apply to Figtree for Program financing and be approved for participation in the program based on qualification criteria Figtree will verify Property ownership and existing liens by ordering a title report on the Property. The Property Owner submits the Application together with its required attachments to Figtree online at w w.fiaileefinancing Coro or by mail: Figtree Financing Attention: PACE Program 9915 Mira Mesa Blvd., Suite 130 San Diego, CA 92131 Questions regarding the status of an Application should be directed to Figtree toll free at (877) 577-7373. 4329-6142-0561.1 8 130 Figtree determines whether each Application is complete and acceptable per Program guidelines. Incomplete Applications will not be accepted. Applications will be processed on first -come, first -served basis. Step 2: Define the Scope of Work and Budget Upon approval for participation, the Property Owner should define the project's scope of work and obtain a bid from an Eligible Contractor(s) (defined as contractors meeting certain professional standards, as further described in Section VLA). Figtree maintains an online database of Eligible Contractors that are members of the Program at http://www.fietreefinancing.coni/resources-contractors/. A description of the scope of work and a copy of the bid(s) should be submitted to Figtree in order to determine the amount of financing required and to verify that all proposed Authorized Improvements qualify under the Program underwriting standards. Step 3: Lender Consent For mortsaaed commercial properties, Figtree requires notification to the mortgage lender(s) to obtain consent to the PACE assessment as described below. The PACE assessment is on par with property taxes and therefore senior to any existing the mortgage lien. Because most mortgage contracts include a "due on encumbrance" clause preventing a Property Owner from voluntarily placing a lien in a senior position, Figtree has instituted the lender consent requirement to protect Property Owners from potential violations of their mortgage contracts. Once Figtree has determined an applicant's eligibility for financing and the amount of financing required for the proposed project, Figtree will submit the proposed scope of work and budget to the mortgage lender for approval. Property Owners and Eligible Contractors should allow approximately three to four weeks for Figtree to obtain the mortgage lender's consent. Lender consent to Prior Assessment Lien: The Program provides for the holders of any private lien on the participating Property (the "Mortgage Lenders") to receive notice of the pending contractual assessment and requests written lender consent that the assessment lien will have the same priority as real property taxes. The Program's lender consent process has been designed to protect the security interest of the Mortgage Lenders. The Program Administrator will send notices requesting lender consent (the "Notice and Request for Lender Consent") via certified mail to all Mortgage Lenders' names and addresses listed in the participating Property Owner's Mortgage Loan Agreement, Promissory Note, Deed of Trust, and other Security Agreements as applicable (collectively the "Mortgage Documents"), as described by a title report obtained by Figtree. The Notice and Request for Lender Consent ("Lender Consent") requests (i) confirmation from the Mortgage Lender that the levy of the assessment pursuant to the Assessment Contract will not trigger an event of default or the exercise of remedies under the participating Property Owner's Mortgage Documents; (ii) provides notice that the assessment will be secured by a statutory lien on the participating Property pari passu with real property taxes; (iii) provides written notice of the proposed participation of the Property in the Program; and confirms that the Mortgage Lenders' signature constitute consent as required under the Mortgage Documents. 4529-6142-0561.1 9 131 Lender failure to reupond to the Lender Consent If the lender returns the Notice and Request for Lender Consent end specifically states it does not consent, the Property Owner may not participate. If there is no written lender response received from the Mortgage Lander within 30 days after the postmarked date of the Lender Consent, (the "Lender Consent Period"), based upon the language in the Lender Consent and subject to the disclosure provisions of the Application and as otherwise required by Figtree, the participating Property Owner may request the Program Administrator to proceed with the Property Owner's participation in the Program. The Program Administrator will review such a request and may determine to proceed subject to additional disclosures or documents required by Figtreo. Step 4: Execute Assessment Documents Once the Scope of Work and Budget have been approved and Lender Consent has been obtained or otherwise resolved (if Property is mortgaged), Figtree will provide the Property Owner with an Assessment Contract to be fijaned and mourned. to Figtree. The Assessment Contract is an agreement on the financing amount and terms and is executed between the Property Owner and CEDA. Once the Assessment Contract is executed, a signed and notarized Notice of Assessment and Payment of Assessment will be recorded with the county in which the Property is situated. Step 5: Notice to Proceed No work may begin until Figtree has issued a written Notice to Proceed to both the Property Owner and Eligible Contractor. The Notice to Proceed is an indication that the PACE assessment has been recorded on the Property and funds are available for disbursement to the Eligible Contractor upon satisfactory project completion. When the Notice to Proceed has been issued, the Eligible Contractor(s) may begin to install the energy and water upgrade equipment. NOTE: If any work or expenses related to the proposed Scope of Work are incurred by the Property Owner or Eligible Contractor(s) before receiving a Notice to Proceed from Figtree, neither Figtree nor CEDA nor the City/County is, or will be responsible to pay or reimburse the Eligible Contractor or Property Owner for any direct or related expenses. Step 6: Project Completion and Inspection Figtree reserves the right to inspect projects for satisfactory completion. The Property Owner must acknowledge that work has been done to his or her satisfaction before payment is issued to the Eligible Contractor(s). Step 7: Contraetor Payment Upon satisfactory completion of the project and certification of completion by the Eligible Contractor(s), the bond trustee will issue a check to the Eligible Contractos(s) directly. 4829-61424561.1 10 132 HL PROGRAM PLAN FOR COMMERCIAL PACE FINANCING Figtree has embraced a free market and flexible approach to solving the financial challenges associated with capital -intensive energy projects. Figtree intends to reuse capital for the Program through one or more of the following financing arrangements or other legally available arrangement approved by CEDA: • Issuance of municipal bonds: Issuing municipal bonds for either a single project or a pool of projects. • Free market sourcing: Facilitating the "open market" model by which a borrower can choose its own PACE ]ender and CEDA may issue a micro bond or assign the Assessment Contract for the benefit of the PACE lender. • Warehouse Lending Facility: Utilizing warehouse or interim facility to fund PACE projects and hold Assessment Contracts until stakeout through securitization or issuance ofbonds. Alternative financing options not listed above may also be pursued should such options benefit the ongoing viability of the Program. As the Program Administrator, Figtree will direct the Bond Administrator to place charges on each participating Property Owner's tax bill for repayment each year the Program financing is outstanding, In the event municipal bonds are sold, such bonds shall be a special, limited obligation of CEDA and, as such, are not a debt of the Participating Agencies, the State of California or any of its political subdivisions (other than CEDA). None of Participating Agencies, the State or any of its political subdivisions (other than CEDA) is liable for the payment thereof. The bonds are special, limited obligations of CEDA payable exclusively from the revenues (secured by assessment district liens on Property of participating Property Owners), and amounts held in certain funds and accounts created pursuant to the bond indenture. The bonds will not be payable from any other revenues or other assets of CEDA. CEDA does not have any taxing power. The bonds do not constitute indebtedness within the meaning of any constitutional or statutory limitation or restriction. IV. PROGRAM REQUIREMENTS FOR PARTICIPATION IN RESIDENTIAL FINANCING A. Eligible Property Owners and Property Classifications Figtree PACE is designed to be a robust program that responsibly delivers assessment financing. Program applicants (also "Property Owners") must meet a number of financial standards to qualify. Property Owners may be individuals, associations, business entities, cooperatives, and virtually any owner paying real property taxes. The PACE financing structure enables Property Owners to make no personal guarantees, as the financing is secured by the Property (defined as the property which is the subject of an Application). Therefore, Figtree PACE financing does not encumber Property Owner's personal credit, making the Program a financially viable option for property owners largo- and small. While the upper limit on the amount of financing available, as determined by the value of the Property, is sufficient for most projects, Property Owners mayuse the Program as one layer of an overall financing strategy to accommodate the largest of projects. Additionally, Property Owners are eligible to make multiple Applications for additional energy and water efficiency measures, provided that the Applications are within the scope of the underwriting criteria. 482946142-0561.I 11 133 The underwriting criteria for qualifying Program partidpants include: • Applicant(s) is/are the legal owner(s) of the Property described in the Application • The Property is not a leasehold (i.e., owned the Property fee simple). • The amount of financing requested under the Program shall not exceed 10%• of the value of the Property. • All existing private debt recorded against the Property does not exceed 85% of the value of the • There are no invohmtary liens, defaults or judgments on the Property in excess of S1,000. • Property Owner has not declared bankruptcy in the past seven (7) years • Property Owner is current on property taxes for the Property • Property Owner is current on private property debt and has not been delinquent in the past three (3) years or since owning the Property, if less than 3 years • The Property title is not subject to power of attorney, easements, or subordination agreements restricting my authority to subject the Property to a PACE lien. • Property is classified as single family Residential or multifamily Residential (up to 4 units) B. Eligible Improvements The Program accommodates a wide range of energy and water savings measures, consistent with the following provisions. • Authorized Improvements must be permanently fixed to the Property. • Program financing is provided only for portion of project costs associated with the Authorized Improvements, that is, no costs of remodeling or new construction are eligible for Program financing (discussed further in section: IV.C). • Program financing is intended for replacement of outdated equipment and installation of new equipment that reduces energy and/or water consumption. • Program financing is made available for the following types of improvements: o Energy efficiency o R.enewable energy o water conservation o Alternative/ Custom Improvements. Upon review and approval by CBDA on a case -by -case basis, Program financing will be made available for emerging technologies that provide new ways to save or generate energy. For farther examples of eligrble measures, see Exhibit C. C. Eligible Costs Eligible costs of Authorized Improvements include the cost of equipment and installation. Installation costs may include, but are not limited to, materials, labor, legal fees, appraisal fees, drafting, engineering, application fees, permit fees, processing fees, energy audit, and inspection charges. Remodeling, repair, and/or new construction costa do not qualify for Program financing except to the extent such construction is required for installation of a qualifying Improvement. Such equipment may include solar leases where such leases meet requirements of the PACE Program. 41294142-0561.1 12 134 Property Owners are encouraged to obtain bids from multiple Eligible Contractors, as each transaction is between the Property Owner and the Eligible Contractor. Neither Figtree nor CEDA nor a Participating Agency makes representations of the quality of work provided by an Eligible Contractor. Property Owners must protect their own interests and obtain the best price, service, and warranties. The role of Participating Agencies is limited to authorizing a financing district. The Property Owner is fully responsible for his or her purchase, service and performance expectations, and warranties. In each case, Figtree will determine whether the estimated equipment and installation costs are reasonable. Figtree reserves the right to evaluate market conditions and, at its discretion, require additional bids to determine whether costs are reasonable. While the Property Owner is encouraged to select the bidder of his or her choice from the list of Eligible Contractors, the amount available for assessment financing may be limited to an amount deemed reasonable by Figtree. In the event that (a) the acquisition, construction and/or installation of the Improvements (including, but not limited to commencing the permit process) has not commenced within 60 days of the issuance of the financing for the Improvements, or (b) all or a portion of the proceeds of the financing are not utilized to fund the Improvements within 120 days of the issuance of the financing, the remaining Improvements shall not be funded under the Assessment Contract and the amount of the financing amount owing to the Contractor shall not be tendered to the Contractor, and the Borrower shall be responsible for the unpaid accrued interest, closing costs, related administrative costs and a special five percent (5%) termination fee relating to the unfunded amount as of the settlement date. D. Administrative Costs Discussions with the appropriate Auditor/Controller's offices have been initiated. It is anticipated that standard fees for placing special assessments on the tax roll will apply. Figtree has been in consultation with the County Auditor -Controller of each Participating Agency regarding any fees resulting from the incorporation of the contractual assessments into the general taxes of the County on real property. Based on Figtree's current and ongoing discussions, fees will be in accordance with the normal fees of each Canty Auditor -Controller for placing similar assessment charges on the County tax roll for general property taxes. These fees will be collected directly from participating Property Owners through disclosed charges added to the Property Owner's annual levy amount. Administrative fees are recovered by the "spread" between bond rates and the Program financing interest rate, and by an annual administrative charge added to the annual assessment amount billed to each Property Owner each year. Other than the fees below, the Property Owners will not be billed for any additional charges or assessments. The following costs will be the responsibility of the Property Owner. • Application Fee: The Residential Application fee is included in the total financing in the amount stated in the Application. A fee of $100 per parcel will apply to properties on multiple contiguous parcels with the same occupancy use if the assessment amount is allocated across such parcels. The Application Fee includes title verification and recordation of closing documents with the county in which the Property is situated. 412.9-61420361.J 13 135 • Financing Issuance Fee: At the time of closing, Figtree will charge you a one-time administration fee of up to four percent (4%) and not less than two percent (2%) of the principal amount of the assessment on the Property to cover the additional transaction costs of the Program. This fee will be added to the total assessment amount financed. • Annual Administrative Fee: A charge of up to three pemxat (3%) and not less than one percent (1%) of the total annual assessment amount will apply for cost recovery. This administrative cost recovery will be added to the annual assessment amount. Such administrative charges include, but not limited to staff time, Participating Agency staff time and expenses incurred in the formation and administration of the Program. • Permit Fees: Property Owners must determine whether a permit(s) islare required for the chosen improvement measures. If required, Property Owners will be responsible to pay permit fees. Permit fees are eligible for inclusion in the financing. • Inspection Fee: An Inspection Fee of $150 will apply to any required site visit, including a final inspection to verify satisfactory completion of work. • Progress Draws: For large projects, progress draws or multiple disbursements may be available to alleviate the burden of carrying costs. Progress draws are subject to a fee of $450 each. E. Application Process Step 1: Apply and Get Approved for Financing To begin, the Property Owner must apply to Figtree for Program financing and be approved for participation in the program based on qualification criteria. Figtree wail verify Property ownership and existing liens by ordering a title report on the Property. The Property Owner submits the Application together with its required attachments to Figtree online at www.fietreefinancine.com or by mail: Figtree Financing Attention: PACE Program 9915 Mira Mesa Blvd., Suite 130 San Diego, CA 92131 Questions regarding the status of an Application should be directed to Figtree toll free at (877) 577-7373. Figtree determines whether each Application is complete and acceptable per Program guidelines. Incomplete Applications will not be accepted. Applications will be processed on fast -come, first -served basis. Step 2: Define the Scope of Work and Budget Upon approval for participation, the Property Owner should define the project's scope of work and obtain a bid from an Eligible Contractor(s). Figtree maintains an online database of Eligible Contractors that are members of its existing program at httn;//www.figtreefmancing.com/resouroes-contractors/. A description of the scope of work and a copy of the bid(s) should be submitted to Figtree in order to determine the amount of financing required and to verify that all proposed Authorized Improvements qualify under the Program underwriting standards. Step 3: Lender Notification 48244142455613 14 136 For mortgaged residential properties, Figtree requires notification of the PACE assessment to the mortgage lender. The responsibility for the Mortgage Lender's written consent lies with the residential Borrower. Borrowers are required to acknowledge certain disclosures in the Application and the Assessment Contract and are required to declare the following: Borrower declares that (i) Borrower has received, read and understands the risks and characteristics of the Program described in the Property Owner Acknowledgments and Disclosures end FHFA Disclosure set forth in the Application and (ii) Borrower has been informed that executing this Contract, receiving financing for Authorized Improvements and consenting to the assessment levied against the Rvye, ty without lender consent may constitute an event of default under Borrower's residential mortgage, and (ill) Borrower takes the sole responsibility for consequences of such default which may include acceleration of repayment obligations due under Borrower's residential mortgage. Step 4: Execute Assessment Documents Once the Scope of Work and Budget have been approved and Lender Consent has been obtained (if Property is mortgaged), Figtree will provide the Property Owner with an Assessment Contract to be signed and returned to Figtree. The Assessment Contract is an agreement on the financing amount and terms and is executed between the Property Owner and CEDA. Once the Assessment Contract is executed, a signed and notarized Notice of Assessment and Payment of Assessment will be recorded with the county in which the Property is situated. Step 5: Notice to Proceed No work may begin until Figtree has issued a written Notice to Proceed to both the Property Owner and Eligible Contractor. The Notice to Proceed is an indication that the PACE assessment has been recorded on the Property and funds are available for disbursement to the Eligible Contractor upon satisfactory project completion. When the Notice to Proceed has been issued, the Eligible Contractor(s) may begin to install the energy and water upgrade equipment. NOTE: If any work or expenses related to the proposed Scope of Work are incurred by the Property Owner or Eligible Contractor(s) before receiving a Notice to Proceed from Figtree, neither Figtree nor CEDA nor the City/County is, or will be responsrlble to pay or reimburse the Eligible Contractor or Property Owner for any direct or related expenses. Step 6: Project Completion and Inspection Figtree reserves the right to inspect projects for satisfactory completion. The Property Owner roust acknowledge that work has been done to his or her satisfaction before payment is issued to the Eligible Contractor(s). Step 7: Contractor Payment Upon satisfactory completion of the project and certification of completion by the Eligible Contractor(s), the bond trustee will issue a check to the Eligible Contractor(s) directly. 4829-6142-0561.1 15 137 V. PROGRAM PLAN FOR RESIDENTIAL PACE FINANQNG Figtree recognizes the importance of timely financing in the residential sector. Pursuant to speedy disbursement of finds, Figtree intends to raise capital for the Program through one or more of the following financing arrangements or other legally available arrangements approved by CEDA: • Issuance of municipal bonds: Issuing municipal bonds for either a single project or a pool of projects. • Warehouse Lending Facility: Utilizing warehouse or interim facility to fund PACE projects and hold Assessment Contracts until a takeout through securitization or issuance of bonds. Alternative financing options not listed above may also be pursued should such options benefit the ongoing viability of the Program. For any of the financing options, Figtree will direct the Bond Administrator to place charges on each participating Property Owner's tax bill for repayment each year the Program financing is outstanding. In the event municipal bonds are sold, such bonds shall be a special, limited obligation of CEDA and, as such, are not a debt of the Participating Agencies, the State of California or any of its political subdivisions (other than CEDA). None of Participating Agencies, the State or any of its political subdivisions (other than CEDA) is liable for the payment thereof. The bonds are special, limited obligations of CEDA payable exclusively from the revenues (secured by assessment district liens on Property of participating Property Owners), and amounts held in certain funds and accounts created pursuant to the bond indenture. The bonds will not be payable from any other revenues or other assets of CEDA. CEDA does not have any taxing power. The bonds do not constitute indebtedness within the meaning of any constitutional or statutory limitation or iesttiction. VL PROGRAM REQUIREMENTS FOR PARTI(FATING CONTRACTORS A. Eligible Contractors Contractors ("Rligible Contractors" as defined in this section) must meet certain qualifications to be eligible to perform work on projects funded by the Program and all equipment must be approved, installed, and verified in accordance with the Program guidelines. Eligible Contractors must be licensed by and in good standing with the California State Contactors License Baud, and must meet the following requirements. Eligibility requirements include: • Hold .stains of registered and licensed Contractor by the State of California; • Hold a business license in the jurisdiction where work is being performed; • Have a minimum of five (5) years work experience as a licensed Contractor in the State of California, or demonstrate sufficient experience in a relevant field of work; • Hold a minimum of $ 1,000,000 in general liability insurance; • Meet bonding and Worker's Compensation insurance requirements per California State Contractors License Board; • Agree to the Code of Ethics set forth in the contractor application. 48296142-OSs11 16 138 To apply to be an Eligible Contractor, a contractor must fill out a contractor application online at www.fittreefnancins.com or download a contractor application form from the websfte to complete and mail to Figtree. Once approved (usually within 48 hours), the contractor will be added to the online directory of Eligible Contractors and may contract for projects financed through the Program. Per the Contractor Agreement (included in the contractor application), participating Eligible Contractors are responsible for installation of the equipment on the Property (after receiving a Notice to Proceed from Figtree). Upon satisfactory completion, the Eligible Contractor will be reimbursed by the Program within 14 business days. VII. APPEALS The Program provides an Appeal Process by which participating Property Owners may appeal disputes in the case of a denied Application and/or determination of ineligibility to participate in the Program. Property Owners who have not signed an Assessment Contract may appeal to Figtree as follows: 1. Written notice may be sent by certified mail to Figtree. The notice must identify the issue(s) for resolution, the circumstances that surround the issue(s), and a timeline of events. 2. Figtree shall discuss the matter with the Property Owner and shall attempt to resolve the dispute within thirty (30) calendar days after delivery of the notice. Figtree shall render a written decision in 30 calendar days and send that decision to the Property Owner. The decision of Figtree is final. Property Owners who have signed an Assessment Contract may appeal to Figtree as follows: 1. A Property Owner who has signed a CEDA Assessment Contract shall attempt in good faith to promptly resolve any dispute arising out of or relating to any Assessment Contract under the Program by negotiations with Figtree and/or the Chair of CEDA or his or her designated representative. 2. To appeal, Property Owners must notify in writing the other party or parties by certified mail of any dispute. Within thirty (30) calendar days after delivery of the notice, a Figtree representative or the Chair of CEDA and the Property Owner shall discuss the matter and shall attempt to resolve the dispute. 3. If the dispute has not been resolved within thirty (30) calendar days of the first meeting, any party may pursue other remedies, including mediation. All negotiations and any mediation conducted pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations, to which Section 1152.5 of the California Evidence Code shall apply, and Section 1152.5 is incorporated herein by reference. 4. Notwithstanding the foregoing provisions, a party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to resolve the status quo. Each party is required to continue to perform its obligations under the Assessment Contract pending final resolution of any dispute arising out of or relating to the Assessment Contract. 4529.6142-0561.1 17 139 Note on Appealing Property Valuation: If a Property Owner determines that the value of the Property as determined by Figtree is lower than the fair market value of the Property, the Property Owner may appeal to Figtree in an effort to establish a greater financeeble amount. The Property Owner may, at its own expense, have an appraisal performed to establish a greater property value than that determined by Figtree. Figtree, at its discretion, may accept an appraisal and increase the financeabie amount provided the appraisal is greater than the value determined by Figtree. The mortgage lender, if applicable, must also consent to this valuation. Figtree does not alter the Property Owner's ad valorem property taxes with the appraisal value; the appraisal is used only to determine the maximum Program financing amount. If a third party valuation tool is used to determine the value of the Property, the Property Owner shall have the right and obligation to a copy of the report used in connection with his or her Application. Ii the Property Owner wants to obtain a copy, he or she may write to Figtree within 90 days after Figtree provides notice of the action taken on the Property Owner's Application. VIiI. PROGRAM AND FINANCING DISCLOSURES A. Financing Amount and Terms — Commercial Properties 1. Minimum Assessment Financing Amount The minimum size for Commercial assessment financing is $5,000. 2. Maximum Assessment Fhiandng Amount The maximum assessment financing amount is typically ten percent (10%) of the total property value; properties will be reviewed on a case -by -case basis for financing up to twenty percent (20%) of total property value. The Program will determine a maximum assessment financing amount based on the most recent county -assigned assessed value of the Property or other valuation deemed acceptable by Figtree. Valuation may be based on a third party valuation tool provided by a qualified vendor or a qualified appraisaL Such valuation must have been detennined and/or remain valid as of no less than ninety (90) days prior to the date of issuance of Program financing. The interest rate shall be based on market conditions and may be tiered by financing term and lien to value ratio. Figtree will calculate and determine the financing available for the Property Owner before final approval as a safeguard so that in any case the total annual property tax and assessments on the Property will not exceed five percent (5%) of the Property's value per California code. If a Property Owner determines that the assessed values do not accurately reflect the market value, an appraisal may be authorized. Authorizations are provided on a case by case basis. The maximum amount available for Program financing may be limited to an amount deemed reasonable by Figtree. 3. Finandng Tenn The term of the Program financing is based on the useful life of the Authorised Improvements installed up to a maximum of 20 years. Terms of five, ten, fifteen and twenty years are available subject to the useful life determination according to the preceding sentence. 4829-6142-0561.1 18 140 B. Financing Amount and Terms — Residential Properties 1. Minimum Assessment Financing Amount The minimum size for Residential assessment financing is $2,500. 2. Maximum Assessment Financing Amount The maximum assessment financing amount is typically ten percent (10%) of the total property value; properties will be reviewed on a case -by -case basis for financing up to twenty percent (20%) of total property value. The Program will determine a maximum assessment financing amount based on the most recent county -assigned assessed value of the Property or other valuation deemed acceptable by Figtree. Valuation may be based on a third party valuation tool provided by a qualified vendor or a qualified appraisal. Interest rates will be determined by the financing term and posted on the Program website, with applicable adjustments, from time to time. Figtree will calculate and determine the financing available for the Property Owner before final approval as a safeguard so that in any case the total annual property tax and assessments on the Property will not exceed five percent (5%) of the Property's value per California code. If a Property Owner determines that the assessed values do not accurately reflect the market value, an appraisal may be authorized. Authorizations are provided on a case by case basis. The maximum amount available for Program financing may be limited to an amount deemed reasonable by Figtree. 3. Financing Term The term of the Program financing is based on the useful life of the Authorized Improvements installed up to a maximum of 20 years. Terms of five, ten, fifteen and twenty years are available subject to the useful life determination according to the preceding sentence. C. Maximum Portfolio The maximum principal amount of the Program financing available to Property Owners under the Program is under the authority of and determined by CEDA, which has authorized $500 million at this time. The total amount of financing available to all participating cities and counties that are Participating Agencies is expected to exceed $500 million. The maximum principal amount of the Program financing can be increased through CEDA resolution and CEDA Board ApprovaL A distinction should be made between bonding and, funding capacity. Given that the Figtree PACE model accommodates various funding sources, actual funding capacity may exceed bonding capacity. D. Priority of Funding Applications from Property Owners for financing will be given priority based on the date on which the Application is approved. If a request from a Property Owner for financing would cause the Program to exceed the authorized maximum portfolio set by CEDA, then the Application will be ineligible for financing unless the CEDA board authorizes additional funding. CEDA will retain the authority to grant exceptions to the priority status of individual Applications. E. Accelerated Foreclosure The Program assessments are collected as a line item to the Property Owner's property tax bill. Each year the annual assessment amounts will be submitted to the County Tax Collector's office. If an annual 4129-6142-0561.1 19 141 assessment installment remains unpaid, the unpaid amounts will be subject to accelerated assessment lien foreclosure proceedings. These unpaid amounts will be removed from the real property tax rolls and given to a foreclosure attorney for collection via the foreclosure process. The special assessment foreclosure proceedings generally will occur well in advance of the County Tax Collector's Foreclosure Sale Date to remedy the delinquent general taxes on the Property. F. Prepayment At any time, the Property Owner can request a payoff quote to pre -pay the PACB assessment lien on the Property. Such payoff calculation includes the principal balance, any bond redemption premiums, interest amounts due, and a special administrative fee. A reasonable prepayment premium may be charged depending on the year of payoff. Prepayment premiums are published in the Application form. G. Assessment Interest Rate Program financing will be issued to Property Owners at an annual interest rate that is determined by market conditions at the time of issuing bonds. The rate of interest is fixed over the financing term. In any event, California state law does not allow the interest rate on assessment district bonds to exceed 12%. Program financing that is entered into at different times may have different interest rates depending on bond market conditions and successful marketing of the bonds. Upon successfully arranging the financing in compliance with Financing Plans set forth in this Report, the interest rate for the project or group of projects will be established. After the Property Owner affirms that the Authorized Improvements have been installed as set forth in the Assessment Contract and after inspection of the Authorized Improvements, the ftmding cycle will conclude with distribution of funds. IX. EXHIBITS Maps Draft Assessment Contract Authorized Improvements Applications for Financing 4829-6142-0561.1 20 142 143 FIGTREE PACE PROGRAM ASSESSMENT FINANCING CONTRACT [A PROGRAM SPONSORED BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND ADMINISTERED BY FIGTREE COMPANY, INC., (tau "Program Administrator)] This Assessment Financing Contract ("Contract") is made and entered into as of this day of , 20_, by and between the California Enterprise Development Authority, a California joint powers authority ("Authority"), and ("Borrower"). RECITALS WHEREAS, the Authority has established the Property Assessed Clean Energy (PACE) Program•(the "Program") by which the Authority assists property owners with the fmancing of the acquisition and installation on their property of certain qualifying renewable energy systems and energy or water efficiency equipment (the "Assessment Financing"). The purpose and method of administration of the assessments under the Program are described in the Figtree PACE Program Report adopted by the Authority on January 16, 2013 as it may be amended from time to time (the "Report"); and WHEREAS, the Program is authorized by Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act"); and WHEREAS, the Borrower has submitted to the Authority that certain Figtree PACE Application dated , a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Application") and the Authority has accepted the Application in accordance with the Report; and WHEREAS, the renewable energy system and/or energy or water efficiency equipment and those certain direct costs incurred by the Borrower as described in Exhibit C which shall be financed with the proceeds of the Assessment Financing described herein (the "Improvements") are described in Exhibit "B" attached hereto and incorporated herein by this reference, which Improvements shall be constructed on or installed on the property of Borrower identified in the Application (the "Property"); and WHEREAS, the Borrower wishes to participate in the Program by executing this Contract with the Authority and thereby requests that the Authority finance the acquisition, construction, and instillation of the Irspravcmcta on t he Property and certain costs of issuance associated therewith; WHEREAS, the Authority shall provide the proceeds of the Assessment Financing directly tothe Borrower and/or a licensed contractor selected by Borrower in accordance with the Report (the "Contractor") to pay for the improvements in accordance with the guidelines outlined in the Report. WHEREAS, the Borrower aclmowledges that funding for the Improvements will be provided by the Authority through the issuance of bonds, notes or other obligations secured in whole or in V242014 1 144 part by the payment by the Borrower of amounts required to be paid hereunder (collectively "Financing Instruments"); and WHEREAS, in order to repay such Assessment Financing, the Borrower has determined that the Property benefits from the Improvements in an amount at least equal to the Assessment and the Borrower voluntarily consents to the recordation of a voluntary and -consensual Assessment Financing Lien (as defined in section 1.B. of this Contract) on the Property for an assessment of the Property each year until the Assessment Financing is paid in full; and WHEREAS, Borrower agrees that assessment installments (including principal, interest, and administrative costs) will be collected on the property tax bill for the Property in the same manner and at the same time as property taxes and shall be subject to the same penalties, remedies (including foreclosure and sale of the property), and lien priorities as are property taxes in the event of delinquency; and WHEREAS, Borrower has read and understands, and has executed the Disclosures, Declarations and Acknowledgments contained in the Application; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Assessment Financing Contract 1. Contract A. Subject to the conditions set forth herein, the Authority agrees, subject to obtaining sufficient funding therefore and the issuance of the Financing Instruments, to extend Assessment Financing to Borrower for the purpose of acquiring, installing, and constructing the Improvements in a dollar amount calculated pursuant to Exhibit "C" attached hereto and incorporated herein by this reference (the "Financing Amount"). The Borrower shall be solely responsible for the payment of all costs of the hnprovenments which exceed the Financing Amount and Borrower agrees, in any event, to complete the Improvements and to fund all costs associated with such completion which may be in excess of the Financing Amount. This Contraot and the Application are collectively referred to herein as the "Documents." B. Interest shall accrue on the unpaid principal balance of the Financing Amount from the date the Financing Instruments are issued. The Borrower acknowledges that Financing Amount will be recorded against the Property pursuant to Section 5898.30 of the California Streets and Highway Code and officially becomes a 1 ien (the "Assessment Financing Lien") against the Property. The Financing Amount shall accrue interest at a rate of percent ( %) per annum. Interest shall be computed on the basis of a three hundred sixty (360) day year. If a law which applies to the Contract sets maximum interest rates or charges in a manner as would cause the interest or other charges collected or to be collected in connection with the Contract to exceed the limits permitted by such laws, then: (i) any such interest or charge shall be reduced by the amount necessary to reduce the interest or charge to the permitted V242014 • 2 145 limit; and (ii) any sums already collected which exceed permitted limits will be refunded by the Authority if required by, and in the manner set by, law. C. The Borrower promises to pay to the Authority, without deduction or offset, the Financing Amount and the interest accrued thereon as provided herein. In addition, the Borrower promises to pay to the Authority, without deduction or offset, the reasonable costs which result from the administration and collection of assessments or from the administration or registration of any associated Financing Instruments issued for the Assessment Financing, including any reserve fund or other related funds associated with the Assessment Financing (the "Annual Administrative Assessment"). The Annual Administrative Assessment shall be the amount set forth in Exhibit "C" hereof. D. The Financing Amount and the Annual Administrative Assessment, and the interest and any penalties thereon shall constitute the Assessment Financing Lien on the Property until they are paid. The installments of the Financing Amount shall be included on the property tax bill for the Property, and shall be subject to the same penalties, remedies, and lien priorities as are property taxes in the event of non-payment. E. The Borrower hereby voluntarily and expressly consents to the levy of the annual assessment and the Annual Administrative Assessment and the imposition of the Assessment Financing Lien on the Property as described herein and in the Act. F. The amount of annual assessment as a result of the Assessment Financing on the Property is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. Following the issuance of the Financing Instruments, the Program Administrator will determine the actual annual assessment amount based on the date of issuance and the actual interest rate of the Financing Instruments. G. The term of the Assessment Financing and this Contract is described in Exhibit "C" and shall be equal to the term of years of the Financing Instrument to be issued to fund the acquisition, installation and construction of the Improvements and shall not exceed a period of twenty (20) years. H. The outstanding principal balance of the Financing Amount may be prepaid, in whole or in part, at any time upon the payment of a premium in an amount equal to a percentage of the amount of the principal to be prepaid as calculated pursuant to Exhibit "C" attached hereto and incorporated herein by this reference. In addition, prepayment costs may also include trustee fees, Financing Instrument interest, and other related charges. I. The Borrower acknow cdgcs and agrees that the Authority's obligations hereunder are conditioned upon the Authority obtaining financing for the Improvements through the issuance of the Financing Instruments. The inability of the Authority to obtain such &nancing for any reason shall relieve theAuthtarity of any and all of its obligations to the Borrower hereunder. 2. Use of Proceeds All proceeds of the Assessment Financing shall be used for the purpose of paying for the reasonable costs and expenses of the Improvements on the Property, to pay costs of issuance of V242014 3 146 the Financing Instrument, to fund capitalized interest on the Financing Instrument. In connection with that portion of the Assessment Financing used to pay for the costs and expenses of the Improvements, the Borrower shall comply with all requirements set forth herein and in the Application. The Borrower understands that the Authority will transfer the proceeds directly to the Contractor to pay for the Improvements in accordance with the guidelines outlined in the Report of the Authority as on file with the Authority. Disbursement Procedures A. Notwithstanding anything to the contrary contained herein, the Authority shall have no obligation to disburse the funds for the Improvements to the Contractor(s) unless and until each of the following conditions are satisfied, or any such condition is expressly waived in writing by the Authority: (i) The receipt by the Authority of a written certification from Borrower and the Contractor that performed the Improvements, stating the actual cost of such Improvements for which disbursement is requested and stating that the installation of the Improvements is complete. (ii) A determination by the Authority that the Improvements have been installed on the Property. (iii) The receipt by the Authority of statements of Contractor(s), under penalty of perjury, and releases or waivers of lien, and any such other documents and instruments as the Authority may require, all in compliance with the requirements of applicable law. (iv) Borrower has, as appropriate, executed and delivered to the Authority the Documents and such other documents or instruments pertaining to the financing or the Improvements as the Authority may require. (v) As of the date of disbursement of the Financing Amount, nothing has come to the attention of the Authority which would lead the Authority to believe that the representations of the Borrower contained in the Documents are untrue, and no Default (as defined in Section 10 below) shall have occurred and be continuing. (vi) No stop payment or mechanic's lien notice pertaining to the Improvements has been served upon t he Borrower or Authority or -recorded against the Property and which remains in effect (vii) The Authority shall have performed title verification (the "Title Report") in a form and substance acceptable to the Authority. The Authority may require the Borrower to take action to remove exceptions to the Title Report. (viii) In the event that (a) the construction of the Improvements (including, but not limited to commencing the permit process) has not commenced within one hundred and eighty (I80) days of the issuance of the Financing Instruments issued for the Financing Amount, or (b) all or a portion of the proceeds of the Financing Instruments issued for the Financing Amount are not utilized to fund the Improvements within two (2) years of the issuance thereof, any remaining balance or portion of Improvements shall not be funded warm 4 147 under this Contract and the Financing Amount shall not be tendered to the Contractor. Property owner shall be responsible for unpaid accrued interest on t he Financing Instruments, any related pro-rata portion of the financing costs, as well as a five (5%) tennination fee based on the outstanding principal amount. B. Borrower will, within ten calendar days (10) of presentation by the Authority, execute any and all documents or instruments required by the Documents in connection with the disbursement of the Financing Amount. C. Progress Payments. The foregoing Disbursement Procedures shall apply to progress payments to Contractor(s) for partially completed installation of the Improvements. If a progress payment is requested a f ee as reasonably determined by the Program Administrator shall apply. 3. Reports Borrower shall, upon t he request of the Authority, deliver within thirty (30) days to the Authority, or, if appropriate, cause its Contractor(s) to deliver within thirty (30) days to the Authority, a written report regarding the status of installation of the Improvements. 4. Representations and Warranties of Borrower Borrower represents and warrants that each representation and warranty set forth below is true, accurate and complete as of the date of this Contract. The disbursement of the Financing Amount shall be deemed to be a reaffirmation by the Borrower of each and every representation and warranty made by Borrower in this Contract. A. Formation and Authority. If Borrower is anything other than a natural person, it has complied with all applicable laws and regulations concerning its organization, existence and the transaction of its business, and is in good standing in each state in which it conducts its business. Borrower is the owner of the Property and is authorized to execute, deliver and perform its obligations under the Documents, and all other documents and instruments delivered by Borrower to the Authority in connection therewith. This Contract and the Application have been duly executed and delivered by Borrower and are valid and binding upon and enforceable against the Borrower in accordance with their terms. No consent or approval of any third party, which has not been previously obtained by the Borrower, is required for the Borrower's execution of the Contract and the Application, or the performance of its obligations contained therein. B. Compliance with Law. Neither Borrower nor the Property is in violation of, and the terms and provisions of the Documents do no t conflict with, any regulation or ordinance, any order of any court or governmental entity, or any building restrictions or governmental requirements affecting Borrower or the Property. C. No Violation. The terms and provisions of the Documents, the execution and delivery of the Documents by Borrower, and the performance by Borrower of its obligations contained therein, will not and do not conflict with or result in a broach of or a default V242014 5 148 under any of the terms or provisions of any other contract, covenant or security instrument by which the Borrower or the Property is bound. D. Other Information. If Borrower is comprised of the trustees of a trust, the representations of this Section 4 shall also pertain to the trustor(s) of the trust. All reports, documents, instruments, information and forms of evidence which have been delivered to Authority concerning the Assessment Financing are accurate, correct and sufficiently complete to give Authority true and accurate knowledge of their subject matter. E. Lawsuits. There are no lawsuits, tax claims, actions, proceedings, investigations or other disputes pending or threatened against Borrower which may materially impair Borrower's ability to perform its obligations hereunder. F. Borrower Not a "Foreign Person." Borrower is not a "foreign person" within the meaning of Section 1445(f) (3) of the Internal Revenue Code of 1986, as amended from time to time. G. No Event of Default. There is no event which is, or with notice or lapse of time or both would be, a Default under this Contract. H. Attribution of Benefit. Borrower confirms that based upon his knowledge and ownership of the Property, he voluntarily has attributed the percentages and amounts of benefit set out under the Act to each parcel and Borrower voluntarily and expressly consents to the Assessments so attributed. 5. Borrower's Covenants Borrower covenants, as follows: A. Completion and Maintenance of the Improvements. Borrower shall cause Contractor to commence within thirty (30) days, construction of the Improvements, and diligently continue to completion, in a good and workmanlllcc manner and in accordance with sound construction and installation practices. Borrower shall maintain the Improvements in good condition and repair. B. Compliance with Law and Agreements. In commencing and completing the Improvements, Borrower shall comply with all existing laws, regulations, orders, building restrictions and requirements of, and all agreements with and commitments to, all governmental, judicial and legal authorities having jurisdiction over the Property or the Improvements and which are applicable to the improvements, and with all recorded instruments, agreements, and covenants and restrictions affecting the Property. C. Permits, Licenses and Approvals. Borrower shall properly obtain, comply with and keep in effect all permits, licenses and approvals which are required to be obtained from any governmental authority in order to commence and complete the Improvements. Borrower, upon t he request of the Authority, shall deliver within fifteen (15) days, copies of all such permits, licenses and approvals to the Authority. V242014 6 149 D. Site Visits. Borrower grants Authority, its agents and representatives the right to enter and visit the Property at any reasonable time, after giving reasonable notice to Borrower, for the purposes of observing the Improvements. Authority will make reasonable efforts during any site visit to avoid interfering with Borrower's use of the Property. Borrower shall also allow Authority to examine and copy records and other documents of Borrower which relate to the Improvements. Authority is under no duty to visit the Property, or observe any aspects of the improvements, or examine any records, and Authority shall not incur any obligation or liability by reason of not making any such visit or examination. Any site visit, observation or examination by Authority shall he solely tor the purposes of protecting Authority's rights under the Documents. E. Protection against Lien Claims. Borrower shall pay within thirty (30) days or otherwise discharge any claims and liens for labor done and materials and services furnished to the Property in connection with the improvements. Borrower shall have the right to contest in good faith any claim or lien, provided that it does so diligently and without delay in completing the Improvements. F. Insurance. Borrower shall provide, maintain and keep in force at all times during the term of this Contract, all risk property damage insurance on the Property, with a policy limit equal to the full replacement cost of the Improvements. G. Notices. Borrower shall notify Authority within Been (15) days in writing of any Default under this Contract, or any event which, with notice or lapse of time or both, would constitute a Default hereunder. 6. Mechanic's Lien and Stop Notices In the event of the filing of a stop notice or the recording of a mechanic's lien pursuant to applicable law of the State of California and relating to the Improvements, the Authority may summarily refuse to make any disbursement for the Improvements, and in the event Borrower fails to furnish the Authority a bond or other credit instrument causing such notice or lien to be released within ten (10) days of notice from the Authority to do so, such failure shall at the option of Authority constitute a Default under the terms of this Contract. Borrower shall deliver within fifteen (15) days to the Authority copies of all such notices or liens. 7. Indemnification A. Borrower shall inder nify, defend, protect, and hold harmless the Authority, Program Administrator, any city or county which may have formed the assessment district, and any and all agents, employees, representatives and attorneys thereof (collectively, the "Authority Parties"), from and against all losses, liabilities, claims, damages (including but not limited to consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attotney's fees) and any demands of any nature whatsoever related directly or indirectly to, or arising out oil or in connection with, (i) any breach or Default by Borrower under the Documents, (ii) the Financing Amount and the Annual Administrative Assessment, (iii) the Improvements or the Property, or (iv) any other fact, circumstance or event related to Authority's extension of the Assessment Financing to Borrower or Borrower's V242014 7 150 performance of its obligations under the Documents (collectively, the "Liabilities"), regardless of whether such Liabilities shall accrue or are discovered before or after the disbursement oldie Financing Amount. B. The indemnity obligations described in this Section 7 shall survive the disbursement of the Financing Amount, the repayment of the financing, the transfer or sale of the Property by the Borrower, and the termination of this Contract. 8. Waiver of Claims Because this Contract reflects Borrower's free and willing consent to enter into this Contract and to pay the Financing Amount, and the assessment thereof, and the Annual Administrative Assessment, Borrower hereby waives any otherwise applicable requirements for or right to the preparation of an engineer's report, notice of public hearing, public hearing, protest or opportunity to submit an assessment ballot in support of or in opposition to the Financing Amount, assessment thereof and the Annual Administrative Assessment pursuant to Article X1IID of the California Constitution, the Proposition 218 Omnibus Implementation Act (commencing at California Government Code Section 53750) and any other provision of California law. Borrower agrees and acknowledges that the assessment is not a "tax" as used in Section 1(e) of Article XIIIC of the California Constitution and that if such assessment is a I evy, charge, or exaction of any kind by the Authority, it is a charge imposed for a specific benefit conferred or privilege granted to Borrower that is not provided to those not charged, and which does not exceed the reasonable costs to the Authority of conferring the benefit or granting the privilege to Borrower. Borrower further knowing and voluntarily waives any otherwise applicable requirements for or rights granted under Article XIIIA or XIIIC pertaining to the assessment. Borrower hereby waives Borrower's right to repeal or reduce the assessment by initiative or any other action, or to file any lawsuit or other proceeding, at law or in equity, to challenge the validity of the assessment or the proceedings of the Authority, or any portion thereof, undertaken in connection with the establishment of the Program. For and in consideration of the Authority's execution and delivery of this Contract, Borrower, for itself and for its successors -in -interest to the Property and for any one claiming by, through, or under the Borrower, hereby waives the right to recover from and fully and irrevocably releases the Authority Parties from any and all claims, obligations, liabilities, causes of action, or damages, including attorneys' fees and court costs, that Borrower may now have or hereafter acquire against any of the Authority Parties and accruing from or related to (i) the acquisition, construction, installation and use of the Improvements, (iii) any damage to or diminution in value of the Property that may result in connection with the Improvements, (iii) any personal injury, property damage or death that may result from the Improvements, (iv) the selection of manufacturer(s), dealer(s), supplier(s), contractor(s) and/or installer(s), and their action or inaction with respect to the Improvements, (v) the merchantability and fitness for any particular purpose, use or application of the Improvements, (vi) the amount of energy savings resulting from the Improvements, (vii) the workmanship of any third parties. This release includes claims, obligations, Liabilities, causes of action, and damages of which Borrower is.not presently aware or which Borrower does not suspect to exist which, if known by Borrower, would materially affect Borrower's release of the Authority Parties. T he waiver contained in this V242014 8 151 paragraph shall exclude any and all claims, obligations, liabilities, causes of action, or damages, including attorneys' fees and court costs incurred by Borrower arising from the gross negligence or willful misconduct of any Authority Party. BORROWER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." BY INITIALING BELOW, BORROWER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. Borrower's Initials i I I The waivers and releases by Borrower contained in this Section 8 shall survive the disbursement of the Financing Amount, the repayment of the financing, the transfer or sale of the Property by the Borrower, and the termination of this Contract. 9. Further Assurances The Borrower shall execute any further documents or instruments consistent with the terms of this Contract, including documents and instruments in recordable form, as Authority shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Contract and disbursing funds to the Borrower. 10. Default A. Subject to the further provisions of this Section 10, the failure of any representation, covenant or warranty of the Borrower contained herein to be correct in all material respects, or the failure or delay by Borrower to perform any of its obligations under the terms or provisions of the Documents, shall constitute a default hereunder ("Default"). The Borrower must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence, but in any event, within the time set forth in Sections 10(C) and (D) below, as applicable. B. The Authority shall give written notice of Default to Borrower, specifying the Default. Delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. All times for notice are calendar days. C. If a monetary event of Default occurs, prior to exercising any remedies under the Documents or the Act, Authority shall give Borrower written notice of such Default. Borrower shall have a period of thirty (30) days after such notice is given within which to cure the default prior to exercise of remedies by Authority. V242014 9 152 D. If a non -monetary event of default occurs, prior to exercising any remedies under the Documents or the Act, Authority shall give Borrower, notice of such default. If the Default is reasonably capable of being cured within thirty (30) days, Borrower shall have such period to effect a cure prior to exercise of remedies by Authority under the Documents or the Act. If the Default is such that it is reasonably capable of being cured, but not within such thirty (30) day period, and Borrower (i) initiates corrective action within such thirty (30) day period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then Borrower shall have such additional time as is reasonably necessary to cure the Default prior to exercise of any remedies by Authority. However, in no event shall Authority be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a Default, or if the Default is not cured within one hundred and twenty (120) days after the first notice of Default is given. E. If any Default occurs and has not been cured within the applicable time period, then, upon the election of Authority, (i) if there has been no di sbursement of the Financing Amount, this Contract shall terminate and, except as otherwise expressly provided herein, the parties have no further obligations or rights hereunder, or (ii) if the Financing Amount has been disbursed in whole or in part, Authority may terminate its obligations to make any further disbursement of the Financing Amount and exercise any or all of the rights and remedies available to it under applicable law, at equity or as otherwise provided herein. F. Any and all reasonable costs and expenses incurred by the Authority in pursuing its remedies hereunder shall be additional indebtedness of the Borrower to the Authority hereunder, and shall be secured and collected as provided in the Act. G. Except as otherwise expressly stated in this Contract, the rights and remedies of the Authority are cumulative, and the exercise of one or more of such rights or remedies shall not preclude the exercise by the Authority, at the same time or different times, of any other rights or remedies for the same Default or any other Default. No failure or delay by Authority in asserting any of its rights and remedies as to any Default shall operate as a waiver of any Default or of any such rights or remedies, or deprive the Authority of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. H. Performance of the covenants and conditions imposed upon Borrower hereunder with respect to the commencement and completion of the Improvements and the timely utilization of the Financing Amount shall be excused while and to the extent that, Borrower is prevented from complying therewith by war, riots, strikes, lockouts, action of the elements, accidents, or acts of God beyond the reasonable control of the Borrower; provided, however, that such event is not caused by the fault, negligence or misconduct of Borrower; and provided, further, as soon as the cause or event preventing compliance is removed or ceases to exist the obligations shall be restored to full force and effect and Borrower shall immediately resume compliance therewith and performance thereof. I. In the event that (1) the construction of the Improvements (including, but not limited to commencing the permit process) has not commenced within one hundred and eighty (180) days of the date that the Authority has notified the Borrower pursuant to Section V242014 10 153 13 below in writing of the issuance of the Financing Instruments issued for the Financing Amount, or (b) all or a portion of the proceeds of the Financing Instruments are not utilized to fund the Improvements within 2 years of the issuance of the Financing Instruments, the remaining Financing Amount shall not be tendered to the Contractor, and the Improvements shall not be funded under this Contract. The Authority shall have no further obligation hereunder. 11. Compliance with Local. State and Federal Laws Borrower shall cause the Improvements to be constructed, in conformity with all applicable laws, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards. Borrower agrees to indemnify, defend and hold the Authority Parties harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by, or failure of, Borrower or its contractor(s) or agents to comply with such laws, rules or regulations. The indemnification obligations described in Section 7 shall survive the disbursement of the Financing Amount, the repayment of the Financing Amount, and the termination of this Contract 12. SeverabiLity Each and every provision of this Contract is, and shall be construed to be, a separate and independent covenant and contract. If any term or provision of this Contract or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Contract shall be valid and shall be enforced to the extent permitted by law. 13. Notices All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery (by recognized courier service or otherwise). Notices shall be considered given upon the earlier of (a) personal delivery or (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice and provided the Authority may designate a Program Administrator other than Figtree and provide notice information for such replacement party to the Borrower: To Authority. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY 550 Bercut Drive, Suite G Sacramento, CA 95811 and V242014 FIOTREE COMPANY, INC. 9915 Mira Mesa Blvd Suite 130 San Diego, CA 92131 11 154 To Borrower 14. Attornevs' Fees and Costs In the event that any action is instituted. to enforce . payment or performance under this Contract, the parties agree that the non -prevailing party shall be responsible for and shall pay all reasonable costs and all attorneys' fees incurred by the prevailing party in enforcing this Contract. 15. No Waiver No disbursement of all or any portion of the Financing Amount shall constitute a waiver of any conditions to the Authority's obligation to make further disbursements nor, in the event Borrower is unable to satisfy any such conditions, shall any such waiver have the effect of precluding the Authority from thereafter declaring such inability to constitute a Default under this Contract. No disbursement of any amount based upon inadequate or incorrect information shall constitute a waiver of the right of Authority to receive a refund thereof from Borrower. No waiver of any term or condition of this Agreement or any of the Documents shall constitute s continuing waiver thereof. 16. Governing Law This Contract shall be governed by the laws of the State of California. Any legal action brought under this Contract must be instituted in the Superior Court of the County of Sacramento, State of California. 17. Amendment of Contract No modification, rescission, waiver, release or amendment of any provision of this Contract shall be made except by a written agreement executed by the Borrower and the Authority. 18. Authority Mav Assign: Role of the Authority Authority, at its option, may (i) assign any or all of its rights and obligations under the Contract, and (ii) pledge and assign its right to receive the Assessment, the Annual Administrative Assessment, and the repayment of the financing and any other payments due to the Authority hereunder, without obtaining the consent of the Borrower. 19. Borrower Assignment Prohibited In no event shall Borrower assign or transfer any portion of this Contract or Borrower's rights or obligations under the Contract without the prior express written consent of Authority, which V242014 12 155 consent may be granted or withheld in the reasonable discretion of the Authority. Sale, transfer, or rental of the Property is not an assignment or transfer of this Contract. 20. Notice to Subseaaent Purchasers Borrower agrees to provide written notice to any subsequent purchaser of the Property that the Property is subject to an assessment lien for this Program, and to provide any subsequent purchaser a copy of this Contract. 21. Relationship of Borrower and Authority The relationship of Borrower and Authority pursuant to this Contract is that of debtor and creditor and shall not be or be construed to be a joint venture, equity venture, partnership, or other relationship. 22. General Time is of the essence of this Contract and of each and every provision hereof. This Contract, together with the other Documents, constitutes the entire contract between the parties hereto, and there shall be no other contract regarding the subject matter thereof unless signed in writing by the part to be charged. if there is more than one `Borrower," the obligations hereunder of all Borrowers shall be joint and several. 23. Counterparts This Contract may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. V242014 [SIGNATURES ON FOLLOWING PAGE] 13 156 IN WITNESS WHEREOF, Borrower and Authority have entered into this Contract as of the date and year first above written. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, a joint powers authority BORROWER NAME By: Authorized Signature Name: BORROWER NAME By: Authorized Signature Name: By: Name: Its: Chair Attest: Name: Its: Assistant Secretary V242014 14 157 EXHIBIT "A" [ATTACH COPY OF EXECUTED AND ACCEPTED APPLICATION] V242014 A-1 158 EXHIBIT "B" DESCRIPTION OF THE PROPERTY AND IMPROVEMENTS V242014 B-1 159 EXHIBIT "C" SCHEDULE OF FINANCING TERMS AND AMOUNT DETERMINATION, ANNUAL ASSESSMENT INSTALLMENTS, AND PREPAYMENT PREMIUM 1. Financing Terms Improvement Amount Term of Financing (Yeats) Interest Rate Closing Date of Financing Instruments 2. Financing Amount Determination Cost of Improvements Cost of Issuance ( % of the Total Financing Amount) Capitalized Interest (based on closing date through September 2, 20_J Processing Fee Total: V242014 C-1 $ 160 3. Annual Assessment Installments Annual Debt Service [Principal & Interest]: Annual Administrative Assessment: 4. Prepayment Premium The prepayment premium shall be calculated as a percentage of the outstanding principal balance of the Financing Amount as follows: Prepayment Occurring Between Amount September 2, 2014 to September 1, 2021 5% September 2, 2021 to September 1, 2024 3% September 2, 2024 and thereafter 0% V242014 C-2 161 Daum C Authorized Improvements 4829-6142-0561.1 162 FIGTREE PACE Eligible Energy & Water Efficiency Measures (the "Improvements") The Program offers financing for a number of water and energy efficiency measures, solar systems, and other innovative, energy -saving measures. The energy and water efficiency measures listed in this section are meant to serve as examples of the types of measures that qualify for Program financing, CEDA and/or Figtree reserves the right to make a final determination as to whether any particular energy and/or water efficiency measure will ultimately qualify. Energy Efficiency Equipment / Measures • Lighting • Lighting fixture replacement • Dimmable lighting • Air Conditioning & Heating • Air heating, ventilation, and air conditioning systems • Furnaces and boilers • Air conditioners and condensing units • Packaged terminal air conditioners and heat pumps • Closed Loop Cooling • Air conditioner condensate recovery • Building Infrastructure & Management • HVAC Duct Zoning • Skylights • Insulation • Pipe insulation • Exterior doors • Occupancy sensors • Heat rejection equipment • Compressor controls • Equipment scheduling • Programmable thermostats • Electric Vehicle Plug -In • Building Equipment • Refrigerated coolers • Water chillers • Variable Speed Drive pump motor upgrades • Air handler fan upgrades • Economizers •. Ozone laundry system Carbon Dioxide or Silicon based dry cleaning system • Dry Hood Exhaust systems 41129-6142-0561.1 163 Pool Equipment • Pool circulating pumps (must be Variable Flow and/or Multi -speed with controllers) • Natural gas pool heaters Solar Equipment / Renewable Energy Generation Solar Panels or Photovoltaic (PV) Systems are solar cells that capture the heat from the sun and convert it directly into electricity. PV Systems that meet applicable fire and electrical code requirements qualify for Program funding. Such equipment may include solar leases where such leases meet requirements of the PACE Program. Solar electricity generating equipment includes: • Solar thermal systems (hot water) • Solar thermal systems for pool heating • Photovoltaic systems (electricity) • Battery back-up systems will be allowed • Funding for off -grid systems will be allowed • PV systems can be sized to accommodate plug-in electric vehicles • Plug in stations • Emerging technologies • Nano/thin film photovoltaic • High intensity (parabolic solar panels) • Battery backup systems will be allowed • Funding for off -grid systems will be allowed Other electricity generating equipment includes: • Small wind turbines • Fuel Cells Water Conservation Measures • High efficiency toilets • Low flow shower heads • Bathroom sink aerators • Hot water delivery options • Hot water recirculation systems and on -demand hot water systems • Whole house manifold system or core plumbing systems • Demand initiation or instantaneous hot water heaters • Demand initiated water softeners • Hot water pipe insulation • Evapotransportation irrigation systems or smart irrigation controllers • Permanendy installed rainwater cisterns 4829-6142-0561.1 164 • Matched precipitation rate sprinkler heads • High efficiency outdoor irrigation • Pre -rinse spray valves • Waterless urinals or low flow urinals • Bathroom sink aerators • Industrial process water use reduction • Recycled water source • Deioni7ation • Filter upgrades • Cooling condensate reuse • Foundation drain water • Cooling tower conductivity controllers • High efficiency outdoor irrigation • Smart irrigation systems / controllers ENERGY STAR. The Program provides financing for a wide range of Energy Star -rated efficiency measures which property owners can get rebates (and tax incentives) as well as Program Assessment Financing. Energy efficiency equipment that is Energy Star rated must meet the Energy Star minimum efficiency levels. Energy Star requirements are anticipated to "ratchet up" to greater efficiency levels over time. Energy Star will also become more inclusive of technologies over time. Thus the Program will evolve with Energy Star and the market for energy -efficient technologies. The following Energy Star measures - among others - are eligible: • Attic and wall insulation • Light fixtures (no bulb -only retrofits) • Reflective roofs and coatings (Metal and Asphalt) • Windows, doors, and skylights (including sliding glass doors, garage doors, storm doors and storm windows) • HVAC: Central Air Conditioners, Air Source Heat Pumps, Furnaces and Boilers • Water Heaters: Gas, Oil, & Propane Water Heaters, Electric Heat Pump Water • Heaters • Biomass Stoves • Geothermal Heat Pumps Solar Panels • Solar Water Heaters • Small Wind Energy Systems 4829-6142-0561.1 165 ExmErr D Applications for Finandng 4829-61424561.1 166 Application for Figtree PACE Financing for Commercial Properties This Application requests the information we will need to determine your commercial property's etigibilty for Figtree PACE financing. Filling out this Application will take about 15 minutes. Information found on your property tax bill end mortgage documents, if applicable, will help you complete this form. There is no fee to apply. You may contact a Figtree PACE representative for assistance by calling 877-577-7373. 1. Determine the eligibility of your Commercial Property. To qualify, each of the following statements must be True. True False ❑ ❑ I amhve are the property owner of record (legal owner) ❑ ❑ Property taxes are current and have not been delinquent in the past 3 years or since owning the property, If less than 3 years. ❑ ❑ I am/we are not in bankruptcy and have not been H bankruptcy in the pest 5 years. ❑ 0 The property is not listed as an asset in a current bankruptcy. ❑ ❑ There are no federal or state income tax liens, Judgment liens or similar involuntary liens on the property In amounts exceeding $1,000. Please answer the following questions regarding mortgage(s) on the property. Yes No ❑ 0 Is this property mortgaged? Nth, property Is mortgaged, the following statements must be True: True False ❑ ❑ The current mortgage balance does not exceed the total value of the property. (Use value as found on property tax bill or as defernuned by an Appraisal Institute MA! Designated appraiser within the past tm days.) ❑ ❑ Mortgage payments on the property are current and have not been delinquent in the past 3 years or since owning the property, If less than 3 years. 2. Tell us about your Commercial Property. What is the physical property address as listed on the iroperty Street Address tax record? CA Shy What Is the Assessor's Parcel Number(s) for the property? State ZIP Which of the following best describes your Commercial Property? ❑ Factory 0 Hotel/ MoteV Resort ❑ HOA Clubhouse ❑ Industrial ❑ Multi -family (5 or more units) ❑ Office building ❑ Packing plant vs302014 ❑ Parking lot ❑ Ranch or farm ❑ Restaurant ❑ Retail/ Shopping mail 0 Warehouse ❑ Winery or vineyard ❑ Other. 167 3. Tell us about your Project. If known, what kind of Improvements would you like to finance? ❑ Solar panels (photovoltaic) 0 Low energy fight fixtures and lighting controls 0 Solar panels (thermal hot water) 0 HVAC (Heating/ Air Conditioning) ❑ Low flow water fixtures and toilets 0 Attic and/or ceiling fans ❑ Low flow irrigation systems and controls 0 High -efficiency windows ❑ Insulation and/or weathedzation 0 High -efficiency pool pumps ❑ Efficient roofs • ❑ Fuel cells ❑ Skylights 0 Electric vehicle plug-in (solar sourced) IJ Wind power 0 Other: If known, what is the estimated Installed coat of your energy project? $ If known, which contractor would you like to InstaWconstruct your Improvements? 4. Tell us about the Property Owner ("Borrower"). Which best describes the property's legal ownership? (Select one) Note: ff the properly is owned by an entfty other than a natural person, please provide supporting documents identifying the ent/tys authorized signers. ❑ Owned by individual(s) ❑ Owned by a trust ❑ Owned by a partnership, limited liability company, or corporation ❑ Other (please describe) What is the Borrower's legal name as It appears on the property tax record? Note: The last four digits of the Borrower's Social Security Number will be used to verily that Borrower Is not in bankruptcy end has not been In bankruptcy in the past five years. Provide Borower's Tax identification Number if Properly is owned by a business entity. Owner 1 Name Tax Idendficaxion Number or Last four Arita of SSN Owner 2 Name Tax Identification Number or Last bur digits of SSN Owner 3 Name Tax identification Numbs or Last tour digtls of SSN Owner 4 Name Tax Identification Number or Last four (Nits of SSN Who Is the primary contact for the property regarding Figtree PACE financing? Name/ Title Email Preferred Phone moms 168 5. Telt us about the Mortgage. Skip to Section 6 ff there is no mortgage on the property. For mortgaged properties, Figtree requires written Lender Acknowledgment to protect Borrower from potential breach of mortgage covenants, which may result in penalties and/or acceleration of the mortgage. Provide your mortgage lender's contact Information below and submit the following with this Application: d A copy of the most recent mortgage statement 0 A copy of the mortgage documents (Including note, deed of trust or other mortgage agreement) Note: In order for Figtree to Initiate the Lender Acknowledgment process, you must execute the form of Authorization to Furnish and Release Information attached to this Application.. Lender1. Name of Landing Institution or Lender Contact Name Emel Account Number Phone Number Account Balance Lender 2 Name of Lending Institution or Lender Contact Name es of [Date of Balance] Email Account Number Phone Number Account Belanee V6302014 as of [Date of Balance] 169 B. Disclosures Regarding Assessment Financing What is Flgtree PACE? Figtree Financing ("Figtree•) is the administrator of the Figtree PACE program, which has been adopted by the California Enterprise Development Authority (`CEDA`) and certain cities and counties that are members of CEDA. Flgtree PACE provides assessment financing to participating property owners pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10) for the Installation of energy efficiency, water efficiency and renewable energy Improvements (the 'improvements") that are permanently affixed to the owner's real Property (the 'Property). Execution of Assessment Financing Contract. Each financing will be made pursuant to an Assessment Financing Contract between CEDA and Borrower. Subsequent to approval of this Application by Figtree, Borrower must enter Into an Assessment Financing Contract with CEDA in order to obtain finandng for qualified Improvements. Flgtree will provide the Assessment Financing Contract to Borrower when the scope of Improvements has been finalized by a Figiree Registered Contractor and Lender Acknowledgment has been received, if applicable. Borrower must submit to Figtree a qualifying proposal for work and such proposal must be signed by both the issuing Flgtree Independent Contractor and Borrower. Figtree will provide an estimated - amortization schedule for the amount of financing required for the proposed improvements. How it Works. The financing will be secured by and be repayable through an assessment Ilen levied against the Property (the `Assessment"). Each year until the financing is fully repaid, assessment installments (Including principal, interest and administrative costs) will be collected on the property tax bill for the Property In the same manner and at the same time as general property taxes_ Assessment Installments will be subject to the same penalties, remedies (including foreclosure and sale of the property), and lien priorities as property taxes In the event of delinquency. Priority of Lien. The Assessment and each installment thereof, and any interest and penalties thereon, will constitute a lien against the Property until paid even though prior to full payment the Property Is conveyed to another person. The Assessment will be recorded against the Borrower's Property In the office of the County Recorder in the county in which the Property is situated. The Assessment will be paramount to all existing and future private liens against the Property, including mortgages, deeds of test and other security instruments. Default of Other Agreements. Before completing this Application, Borrower should carefully review any agreement(s) or security instrument(s) which affect the Property or to which Borrower is a party. ENTERING INTO A FIGTREE PACE PROGRAM ASSESSMENT FINANCING CONTRACT WITHOUT THE ACKNOWLEDGMENT OF BORROWER'S EXISTING LENDER(S) COULD CONSTITUTE AN EVENT OF DEFAULT UNDER SUCH AGREEMENTS OR SECURITY INSTRUMENTS. DEFAULTING UNDER AN oasiviG AGREEMENT OR SECURITY INSTRUMENT COULD HAVE SERIOUS CONSEQUENCES TO THE BORROWER, WHICH COULD INCLUDE THE ACCELERATION OF THE REPAYMENT OBUGATIONS DUE UNDER SUCH AGREEMENT OR SECURITY INSTRUMENT. Lender Acknowledgment (for Mortgaged Properties). Under the Figtr a PACE program. Lender Acknowledgment Is required before financing is approved. Figbee may assist with the Lender Acknowledgment process where applicable. If you, the Borrower, have any questions regarding any agreements or security instruments which affect the Property or to which you are a party or your authority to enter into an Assessment Financing Contract with CEDA, please consult with your own legal counsel andlor your lendor(s). CEDA AND/OR FIGTREE STAFF WILL NOT PROVIDE PROPERTY OWNERS WITH ADVICE REGARDING EXISTING AGREEMENTS OR SECURITY INSTRUMENTS. Flgtree will send notice requesting Lender Acknowledgment to ell mortgage lenders listed in Borrower's mortgage loan agreement, promissory note, deed of test, and/or other security agreements as applcable (collectively the `Mortgage Documents"), as listed in a title report obtained by Flgtree. 170 If there is no written Lender Acknowledgment received from.the mortgage lenders) within 30 days after the date of sending the Lender Acknowledgment, (the "Lender Admowiedgment Period'), Borrower may request Figtree to proceed wfh providing financing pursuant to this Application. Figtree will review such a request and may determine to proceed with providing tinandng subject to additional disclosures or documents which may be required by Figtree. Registered Contractor Requirement: Any work induding purchase, construction and/or installation of Improvements on the Property must be performed by a contractor registered with the Figtree PACE program. Registered contractors must meet certain minimum qualifications including: • Holding an active contractor's license of the appropriate kind as required by the California State Contractors License Board for the Improvements, • Maintaining Worker's Compensation insures, and • Maintaining a General liability insurance policy in the minimum amount of $1,000,000 per occurrence, Further information about registered contractors is available at htto://www.fiotreefinancinc.com/contractors/. Application Does Not Guarantee Financing: The obligations of CEDA to finance any Improvements are conditioned upon obtaining financing for the improvements through the issuance of Financing Instruments, which may include bonds, notes or other instruments. The Inabtrity of CEDA to obtain such financing for any reason shall relieve CEDA of any and all of its obligations to the Borrower. Acknowledgement I/We acknowledge that Ihve have received the Disclosures Regarding Assessment Financing and agree to the terms. Authorized 1 Signature Authorized 2 Signature Authorized 3 Signature Authodzed 4 Signature Name (Please print) Name (Please pint) Name (Please pint) Name (Please print) Date VWD2014 Dale Date Date 171 7. Disclosures Regarding Interest Rates, Fees and Qualifications interest Rates and Terms Interest Rate Disclosures The Interest rate Is market -based and determined at the time of flnent:incl. Current rates are between 4.50% to 6.99%. Minimum Financing $5.000 Maximum Financing Not to exceed.20% of the Total Property Value. Payments Payment is due semi-annually at the same time as property taxes. Assessment installments are payable to the tax collector of the county in which the property is situated. . Terns Assessments are available in 5, 10, 15 and 20 year terms, not to exceed the useful life of the Improvements. Due to the timing of payments through the property tax bill, payments may be amortized over a number of years one or two years fewer than the chosen assessment term depending on the date of project funding. Rebates and Incentives Improvements may be eligible for rebates end/or incentives. Figtree does not assist with processing rebates and/or incentives. Ai processing of rebates and/or incentives is between the property owner and the party offering the rebate and/or incentive. No Personal Guarantee Figtree PACE assessments are land -secured and require no personal guarantee. Capitalized interest Any Interest accruing from the time of fund allocation to the next applicable debt service payment will be capitalized (added to the assessment). Figtree will notify the property owner of the estimated amount of capitalized interest before the property owner executes an Assessment Financing Contract. Processing Fee Annual Administrative Fee Cost of issuance Progress Payment Fes (incurred by Contractor) A fee of $695 will be added to the total amount of the assessment at the time of closing. An additional $100 charge wIN apply to each of any additional parcels in connection wtth the assessment. This fee pays for costs Incurred to process the application, including a title report, and documentation fees for recording lien. This fee is included in the total amount of financing. An annual charge of $15 to $30 for every $1,000 of the annual assessment amount will be incurred for recovery of the program's administrative costs. Figtree charges a Cost of issuance tee of 2% to 4% of the total financing to cover costs of issuing bonds to fund projects. This fee is not an out-of-pocket expense for the property owner, but apportioned from the total financing. A fee of $495 will be charged to any Contractor requesting a progress payment for partially completed purchase, installation or construction of Improvements. Contractors may draw a total of Pm (2) progress payments In addition to s final payment for completed work. 172 Prepayment IT peepavi Years 1 - 5 Years 6-10 Years 11 - 20 lire „ant ten brafiaiddifitterlo ineitaititatekrfittra liviticrenretitS01noi Ose then $5,000. A Prepayment Fee will be merged in the amount being prepaid Stiles -the corresponding Prepayment Fee, according to the fallowing schedate- Prepayment Fee: 3% None Legal Owner Borrower must be the property owner of rem. Current on Taxes Borrower must be current on property taxes awed on the Property and must not have been delinquent to the past three (3) years or since owning the property, If less than 3 years. Current on Mortgage (If applicable) If the property is mortgaged, the Borrower must be current on mortgage payments and must not have been delinquent in the past three (3) years or since owning the property, If less than 3 years. No Bankruptcy Borrower must not be in bankruptcy and must not have been in bankruptcy in the past five (5) years. The property must not be an asset in bankruptcy. Value -to -Ulm Not "Underwater" The outstanding mortgage must not be an amount greater than the property's total assessed value (Owner must not be 'underwater). An appraised value can be used if the assessed total value is deemed Inaccurate. Lender Acknowledgment 11 the property is encumbered by a mortgage, deed of trust or other financing instrument, written lender acknowledgment of the PACE lien is required. See *Section 6: Disclosures Regarding Assessment Financing' of this Application for more information. Acknowledgement UWe acknowledge that Uwe have received the Disclosures Regarding Rates, Fees, and Other information and agree to the terms. Uwe also understand that a Figtree PACE financing amount and annual assessment payment will be calculated based on the fees and crherta described herein. Such financing amount and annual assessment payment will be presented on a not -to -exceed basis in the Assessment Financing Contract, which meet be executed by the Property Owner prior to Issuance offends. 1 1 1 Authorized 1 Signature Authorized 2 Signature Authorized 3 Signature Authorized 4 Signature 1 1 1 Name (Please print) Name (Please print) Name (Please pint) Name (Please print) Date V5:1112014 Date Date 173 B. Assignment of Green Attributes to Figtree Financing Certain Green Attributes may arise from the Improvements financed through the Figtree PACE program. Where applicable, Figtree Financing may aggregate Green Attributes from the improvements. Owner acknovriedges that any Green Attributes, including renewable energy credits attributable to the Improvements, shall be owned by Flgtrea Financing. Green Attributes The undersigned participating Property Owner In the Figtree PACE program hereby provides and conveys alt Green Attributes, including Renewable Energy Credits ("REG"), associated with alt electricity generation from the Improvements to Figtree Financing. Property Owner represents and warrants that Property Owner holds the rights to all Green Attributes (including REC) from the Improvements, and Property Owner agrees to convey and hereby conveys aii such Green Attributes (including REC) to Figtree Financing. Definitions "Green Attributes" means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Improvements, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (1) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, pertluorocarbons. sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations intergovernmental Panel on Climate Chan9e, or otherwise by law, to contribute to the actual or potential threat of altering the Earth's climate by trapping heat in the atmosphere; (3) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags In compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchasers dlscr+etion, and include without limitation those Gwen Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy. "Renewable Energy Credit" has the meaning set forth in Public Utilities Code Section 399.12(f), as may be amended from time to time or as further defined or supplemented by Law. Acknowledgement 1/We acknowledge that Uwe have received the Assignment of Green Attributes to Figtree Financing and agree to the terms. Authorized 1 Signature Authorized 2 Monetize Authorized 3 Signature Authorized 4 Slgradun3 Name (Please pint) Nerve (Please print) Date Name (Please print) Name (Please pint) Date Date Date 174 9. Declarations and Acknowledgments By signing this Application below, the undersigned hereby declares under penalty of perjury under the laws of the State of California all of the following: 1. Ownership: U(we) am/(arej current owner(s) of record of the Property described herein. 2. No Bankruptcy: U(we) have not, and the Property described herein has not, been involved in a bankruptcy proceeding in the past five (5) years. 3. No Delinquency: I/(we) have been current on all mortgage(s) or other loan(s) secured by the Property and all property taxes for the past (3) three years, or since owning the Property if less than 3 years. 4. Information: That (I) the information provided in this Application is true and correct and (ii) that I/(we) understand that any intentional or negligent misrepresentation(s) of the information contained in this Application may result in civil liability and/or crerwnal penalties and liability for monetary damages to the California Enterprise Development Authority ("CEDA") and/or the City and County Agencies in which the Property resides, its agents, successors and assigns, insurers and any other person who may suffer any loss due to reliance upon any misrepresentation which U(we) have made in this Application. 5. Assessment Financing Contract Authority: 1/(we) am/(are) applying for assessment financing pursuant to the Figtree PACE program. U(we) understand that U(we) must execute an Assessment Financing Contract with CEDA In order to receive financing and Il(we) have the authority, without the consent of any third party which has not been previously obtained, to execute and deliver the Assessment Contract, this Application, and the various documents and instruments referenced herein. 6. Default of other agreements: tl(wej have read the "Default of Other Agreements" and "Lender Acknowledgment' provisions in the Disclosure Regarding Assessment Financing and understand that participation in the Figtree PACE financing program will require the acknowledgment of mylour mortgage lender if the property is mortgaged and a lender may not grant acknowledgement in some. cases. Obtaining the lender's acknowledgment prior to executing the Assessment Financing Contract is required. If there Is no written Lender Acknowledgment received from the mortgage lender(s) within 30 days after the date of sending the Lender Acknowledgment, Borrower may request Figtree to proceed with providing financing pursuant to this Application. Figtree will review such a request and may determine to proceed with providing financing subject to additional disclosures or documents which may be requked by Figtree. 7. Improvements Representations: a. U(wej agree that the selection of product(s), equipment, and/or measures referenced In this Application (the "Equipment"), the selection of manufacturer(s), dealer(s), suppliier(s), contractor(s) and/or installer(s), and the decision regarding the purchase, Installation and ownership maintenance of the Equipment is/are my/(our) sole responsibility and that 1/(we) do not rely upon any representations or recommendations of Figtree, the Figtree PACE program, CEDA and/or the City and County Agencies In which the properly is situated, in making such selection or decision. b. I!(we) understand that Figtree, the Figtree PACE program, CEDA and/or the City and County Agencies in which the Property is situated, makes no warranty, whether express or implied, including without limitation, the implied warranties of merchantability and fitness for any particular purpose, use or application of the Equipment. V5320K 175 c. I/(we) agree that Figtree, the Figtree PACE program, CEDA and/or the City and County Agencies in which the property resides, has no liability whatsoever concerning (i) the quality or safety of the Equipment, including its fitness for any purpose. (ii) the estimated energy savings produced by the Equipment, (Ili) the workmanship of any third parties, (Iv) the installation or use of the Equipment including, but not limited to, any effect on Indoor pollutants, or any other matter with respect to the Figtree PACE program. d. I/(we) understand that 1/(we) is/are responsible for meeting the requirements and complying with all the applicable Federal/State/County/City laws and any agreement which affects the use of the Property. 8. Indemnification and Waiver of Claims: 1/(we) agree to indemnify, and waive the right to recover from, CEDA, Figtree, any City or County from and against all losses, liabilities, claims, damages, etc. arising out of this Financing including (i) Documents, (11) the Improvements, (iii) any breach or default by me/(us), (iv) damage to my Property, (v) porsonal injury or death, (vi) merchantability and fitness of Improvements, (vil) the amount of energy savings,(viii) the workmanship of third parties, and (ix) any other matter with respect to this the Figtree PACE program. Acknowledgement IIWe acknowledge that Uwe have received the Declarations and Acknowledgments and agree to the terms. Au7iataed 1 Signature Name (Please print) Date Owner 2 signature Name (Please print) i Owner 3 Signature 1 Name (Please print) Owner 4 Signature Name (Please print) Date Date Date 176 Application Attachments Checklist Please check to see if any of the following apply. If so, please submit the supporting documents with this Application by mail to our office at 9915 Mira Mesa Blvd. Suite 130. San Dieao. CA 92131 or by email to poolicationseliatreefinencina.com. Please Include your name and property address in the subject fine. ❑ Copy of pages of incorporation or supporting documents which Identify authorized signers (if applicable) This vAll be used to verify Applicant has the authority to sign the Assessment Finendng Contract on behalf of the corporate entity. ❑ Copy of most recent mortgage statement (if applkable) ❑ Copy of mortgage documents (if applicable) ❑ Signed Authorization to Furnish and Release information (See following page, if applicable) V5302014 177 Authorization to Furnish and Release Information To: Name of Mortgage Lender Date RE: Loan Number. Borrower Name(s): Property Address: Property City, State, ZIP: Last 4 Digits of Social Security Number or Tax Identification Number t, [Borrower), currently residing at [Current Address], County of State of , hereby authorize [Mortgage Lender] to discuss, release, famish and provide information related to my Loan Number to Figtree Company, Inc. (DBA Figtree Financing), 9915 Mira Mesa Boulevard, Suite 130, San Diego, California 92131 and authorize Figtree Financing to obtain lender acknowledgment from you for our PACE financing. Signed by: Authorized 1 Signature Authorized 2 Signature ( Authorized 3 Signature Authorized 4 Signature Name Please ( print) time (Please print) Name (Please print) Nome (Please print) Date Date vsso2O14 Date Date i 178 Application for F1GTREE PACE Financing for Residential Properties This Applcation requests the basic information we wil need to determine the amount of FIGTREE PACE financing available for your property hnprovement project. Filling out the Application wil take just a moment of your time. There Is no fee to apply. You may contact a FIGTREE PACE representative for assistanoe by caking 877-577-7373. 1. Determine the eligibility of your Residential Property for financing. A "No' answer is required for each of these questions. Yes No ❑ ❑ As the property owner, are you in bankruptcy? ❑ ❑ Is the property listed as en asset in a current bankruptcy? ❑ ❑ Are there any federal or state income tax liens, judgment liens or similar involuntary liens on the property in amounts exceeding$1,000? ❑ 0 If there isiare a mortgage(s), does the total amount currently owed exceed the total assessed value of the property (as found on property tax bill)? A 'Yea" answer is required for each of these questions. Yes No WA ❑ 0 0 Are the property taxes for this property current? ❑ 0 0 If there is a mortgage on the property, is it a "jumbo' (non -conforming) loan? ❑ ❑ 0 If there is a mortgage on the property, is it current? 2. Tell us about your property. A copy of your property tax bill wrN provide the information requested in this section. What Is the physical property address as listed on the property tax record? CA Street Address City What Is the Assessor's Parcel Number(s) for the property? Stele ZIP Which best descr bes the property's legal ownership? (Select one) Note: li the property is owned by a trust, partnership, LLC or corporation, please provide supporting documents identifying authorized signers. ❑ Owned by Individuals) ❑ Owned by a trust ❑ Owned by a partnership ❑ Owned by a limited liability company (LLC) O Owned by a corporation ❑ Other if known, what kind of Improvements would you like to finance? 179 3. Tell us about the property owner. What is the property owner's legal name as It appears on the property tax record? The last four digits of the property owner's SSN will be used to vette bankruptcy eligibility. Owner 1 Owner 2 OR )00 X?C- 1 Tax identification Number (If owned by business ertky) OR test fair digits downer's Soda! Security Number List additional owners Who is the primary contact for the property regarding FIGTREE PACE financing? Name Email Prdened Phone Street Address Cky State ZIP Whet is the relationship between the primary contact and the property? (Select one) ❑ Owner ❑ Trustee ❑ Partner ❑ Representative of the company that owns the property ❑ Other 4. Mortgage Lender Consent For mortgaged properties, the Lender Consent requirement has been instituted to protect participating property owners from acceleration of mortgage payments under due on encumbrance" or similar clauses bond In some mortgage contracts. Is there a mortgage on this property? ❑ Yes ❑ No If you answered 'Yes," FIGTREE requires your mortgage lender's consent to place a PACE lien on the property In order to provide FIGTREE PACE financing. FIGTREE may assist with obtaining this consent. ' If applicable, please provide your mortgage lender's contact Information ands copy of the most recent mortgage statement for the property. Name Email Street Address CI(Y Slate ZIP Preferred Phone Acmurt Number I 180 5. Disclosures Regarding Rates, Fees, and Other Information interest Rates and Tier 1 Interest Rate Terms Disclosures Not to exceed 7.25% For financed amounts tP to 10%cf Total Rawly Value Tier 2 interest Rate Not to exceed 7.99%* Far financed amounts greater than 10% and up to 20% of Total Property Value Minimum Financing $5,000 Maximum Financing Not to exceed 20% of the Total Property Value. Payments Payment is due semi-amualiy at the same lime as property taxes. Assessment installments are payable to the tax collector of the county in which the property is situated. Terms Assessments are available in 5, 10,15 and 20 year terms, not to exceed the useful life of the Improvements. Due to the timing of payments through the property tax bill, payments may be amortized over a number of years one or two years fewer than the chosen assessment term depending on the date of project funding. Rebates and incentives Improvements may be eligible for rebates and/or incentives. Figtree does not assist with processing rebates and/or incentives. AU processing of rebates and/or incentives is between the property owner end the party offering the rebate and/or incentive. No Personal Guarantee Figtree PACE assessments are land -secured and require no personal guarantee. Capitalized Interest Any interest accruing from the lime of fund allocation to the next applicable debt service payment will be capitalized (added to the assessment). Figtree will notify the property owner of the estimated amount of capitalized interest before the property owner executes an Assessment Financing Contract. Processing Fee Annual Administrative Fee Cost of Issuance rig. A fee of $095 will be added to the total amount of the assessment et the time of dosing. An additional $100 charge will apply to each of any additional parcels in connection with the assessment This fee pays for costs incurred in processing each application, including a title search to verify property ownership and any liens on the property. An annual charge of $30 for every $1,000 of the imai assessment amount will be incurred for recovery of the programs administrative costs. Progress Payment Fee (incurred by Contractor) Figtme charges a closing fee of 4% of the total financing to cover costs of Issuing bonds to fund projects. This fee is not an out-of-pocket expense for the property owner, but apportioned from the total financing. A fee of $495 will be charged to any Contractor requesting a progress payment for partially completed purchase, Installation or construction of Improvements. Contractors may draw a total of two (2) progress payments in addition to a final Payment for completed work. 181 Pre -Payment Pre -Payment fee if pre-Iuiicf in yezn s' Years 1-7 Years 8-1D Years 11-20 The y+ssessm ent Can be paid elf 0311o.n9111d/y. E tiV tat eye PACE assessment will incur a Pre -Payment Fee Wiwi on 1!e amount being paid off. according to the following sdhadu Pre. Payment Pee: 3% Qualification$ Borrower must be the property owner of record. Legal el Owner Current on Taxes Borrower must be current on property taxes owed on the Property and must not have been delinquent in the past three (3) years or since owning the property, if less than 3 years. . Current on Mortgage (if applicable) If the property is mortgaged, the Borrower must be current on mortgage payments and must not have been delnquent In the past three (3) years or since owning the property, if less then 3 years. No Bankruptcy Borrower must not be in bankruptcy and must not have been in bankruptcy in the past five (5) years. The property must not be an asset in bankruptcy. Value -to -Lien Not "Underwater" The outstanding mortgage must not be an amount greater than the property's total assessed value (Owner must not be "underwater"). An appraised value can be used If the assessed total value is deemed inaccurate. Lender Acknowledgment If the property is encumbered by a mortgage, deed of trust or other financing instrument, written lender acknowledgment of the PACE ten is required. See ''Section 6: Disclosures Regarding Assessment Financing` of this Application for more Information. Acknowledgement UWe acknowledge that Uwe have received the Disclosures Regarding Rates, Fees, and Other information and agree to the terms. Uwe also understand that a Figtres PACE financing amount and annual assessment payment will be calculated based on the fees and criteria described herein. Such financing amount and annual assessment payment will be presented on a not -to - exceed basis in the Assessment Financing Contract, which must be executed by the Property Owner pifor to issuance of funds. Owner 1 Signabee Date 1 I I Owner 2 Signature Owner 3 Signature Owner 4 Signature I I I Date Date Date i 182 6. Disclosures Regarding Assessment Financing What Is Figtree PACE? Figtree Energy Financing ('Figtree") is the administrator of the Figtree PACE program, which has been adopted by the California Enterprise Development Authority ('CEDA") and certain cites and counties that are members of CEDA. Figtree PACE provides assessment financing to participating properly owners pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10) for the Installation of energy effcency, water efficiency and renewable energy improvements (the "Improvements') that are permanently affixed to the owner's real property (the' Property'). Execution of Assessment Financing Contract. Each financing will be made pursuant to an Assessment Financing Contract between CEDA and Borrower. Subsequent to approval of this Application by Figtree, Borrower must enter into an Assessment Financing Contract with CEDA in order to obtain financing for qualified Improvements. Figtree wE provide the Assessment Financing Contract to Borrower when the scope of Improvements has been finalized by a Figtree Independent Contractor and Lender Acknowledgment has been received, if applicable. Borrower must submit to Figtree a qualifying proposal for work and such proposal must be signed by both the issuing Figtree independent Contractor and Borrower. Figtree will provide an estimated amortization schedule for the amount of financing required for the proposed improvements. How it Works. The financing will be secured by and be repayable through an assessment lien levied against the Property (the "Assessment'). Each year until the financing is fully repaid, assessment Installments (inducting principal, interest and administrative costs) will be collected on the property tax bill for the Property in the same manner and at the same time as general property taxes. Assessment Installments will be subject to the same penalties, remedies (including foreclosure and sale of the property), and lien priorities as property taxes in the event of delinquency. Priority of Lien. The Assessment and each instaihnent thereof, and any interest and penalties thereon, will constitute a lien against the Property until paid even though prior to full payment the Property is conveyed to another person. The Assessment will be recorded against the Borrowers Property in the office of tare County Recorder in the county in which the Property is situated. The Assessment will be paramount to all existing and future private liens against the Property, Including mortgages, deeds of trust and other security instruments. Default of Other Agreements. Before completing this Application, Borrower should carefully review any agreement(s) or security instrument(s) which affect the Property or to which Borrower is a party. ENTERING INTO A FIGTREE PACE PROGRAM ASSESSMENT FINANCING CONTRACT WITHOUT THE ACKNOWLEDGMENT OF BORROWER'S EXISTING LENDERS) COULD CONSTITUTE AN EVENT OF DEFAULT UNDER SUCH AGREEMENTS OR SECURITY INSTRUMENTS. DEFAULTING UNDER AN EXISTING AGREEMENT OR SECURITY INSTRUMENT COULD HAVE SERIOUS CONSEQUENCES TO THE BORROWER, WHICH COULD INCLUDE THE ACCELERATION OF THE REPAYMENT OBLIGATIONS DUE UNDER SUCH AGREEMENT OR SECURITY INSTRUMENT. 183 Lender Acknowledgment (for Mortgaged Properties). Under the Figtree PACE program, Lender Acknowledgment is required before financing is approved. Figtree may assist with the Lender Acknowledgment process where applicable. If you, the Borrower, have any questions regarding any agreements or security instruments which affect the Property or to which you ere a party or your authority to enter into an Assessment Financing Contract with CEDA, pleas© consult with your own legal counsel and/or your lender(s). CEDA AND/OR FIGTREE STAFF WILL NOT PROVIDE PROPERTY OWNERS WITH ADVICE REGARDING EXISTING AGREEMENTS OR SECURITY INSTRUMENTS. Figtree wit send notice requesting Lender Acknowledgment via certified mail to all mortgage lenders listed in Borrower's mortgage loan agreement, promissory note, deed of trust, and/or other security agreements as applicable (collectively the 'Mortgage Documents'), as listed in a title report obtained by Figtree. If there is no written Lender Acknowledgment received from the mortgage lenders) within 30 days after the postmarked date of the Lender Acknowledgment, (the "Lender Acknowledgment Period"), Borrower may request Figtree to proceed with providing financing pursuant to this Application. Figtree wilt review such a request and may determine to proceed with providing financing subject to addttionai disclosures or documents which may be required by Figtree. Application Does Not Guarantee Financing: The obligations of CEDA to finance any Improvements are conditioned upon obtaining financing for the Improvements through the issuance of Financing instruments, which may include bonds, notes or other instruments. The inability of CEDA to obtain such fnandng for any reason shall relieve CEDA of any and all of Its obligations to the Borrower. Acknowledgement I/We acknowledge that I/vve have received the Disclosures Regarding Assessment Financing and agree to the tonne. Owner 1 Signature Date 1 Owner 2 Signature Owner 3 Signature Owner 4 Signature 1 Date Date Dale 184 7. Declarations and Acknowledgments By signing this Application below, the undersigned hereby declares under penalty of perjury under the laws of the State of California all of the following: 1. Ownership: 1/(we) am/(are) current owner(s) of record of the Property described herein. 2. No Bankruptcy: 1/(we) have not, and the Property described herein has not, been involved in a bankruptcy proceeding in the past five (5) years. 3. No Delinquency: 1/(we) have been current on all mortgage(s) or other loan(s) secured by the Property and all property taxes for the past (3) three years, or since owning the Property if Tess than 3 years. 4, information: That (i) the information provided In this Application is true and correct and (IQ that 1/(we) understand that any intentional or negligent misrepresentatlo n(s) of the information contained in thls Application may result in civil liability and/or criminal penalties and liability for monetary damages to the California Enterprise Development Authority ("CEDA') and/or the City and County Agencies in which the Property resides, its agents, successors and assigns, insurers and any other person who may suffer any loss due to reliance upon any misrepresentation which 1/(we) have made in this Application. 5. Assessment Financing Contract Authority: U(we) am/(are) applying for assessment financing pursuant to the Figtree PACE program. U(we) understand that U(we) must execute an Assessment Financing Contract with CEDA in order to receive financing and U(we) have the authority, without the consent of any third party which has not been previously obtained, to execute and deliver the Assessment Contract, this Application, and the various documents and instruments referenced herein. 6. Default of other agreements: U(we) have read the "Default of Other Agreement? and "Lender Acknowledgment" provisions in the Disclosure Regarding Assessment Financing and understand that participation in the Figtree PACE financing program will require the acknowledgment of my/our mortgage lender if the property is mortgaged and a lender may not grant acknowledgement in some cases.1/(we) am/(are) responsible for obtaining the lender's acknowledgment prior to executing the Assessment Financing Contract. 7. Improvements Representations: a. I/(we) agree that the selection of product(s), equipment, and/or measures referenced in this Application (the "Equipment"), the selection of manufacturer(s), dealer(s), supplier(s), contractor(s) and/or Instalier(s), and the decision regarding the purchase, Installation and ownership maintenance of the Equipment is/are my/(our) sole responsibility and that 1/(we) do not rely upon any representations or recommendations of Figtree, the Figtree PACE program, CEDA and/or the City and County Agencies In which the property is situated, in making such selection or decision. b. II(we) understand that Figtree, the Figtree PACE program, CEDA and/or the City and County Agencies In which the Property is situated, makes no warranty, whether express or implied, including without limitation, the implied warranties of 185 merchantability and fitness for any particular purpose, use or application of the Equipment c. 1/(we) agree that Flgtree, the Flgtree PACE program, CEDA and/or the City and County Agencies in which the property resides, has no liability whatsoever concerning (1) the quality or safety of the Equipment, including its fitness for any purpose, (li) the estimated energy savings produced by the Equipment, (111) the workmanship of any third parties, (Iv) the installation or use of the Equipment Including, but not limited to, any effect on indoor pollutants, or any other matter with respect to the Figtree PACE program. d. 1/(we) understand that 1/(we) Is/are responsible for meeting the requirements and complying wish all the applicable Federal/State/County/City laws and any agreement which affects the use of the Property, including homeowners' association (HOA) regulations, tfany. 8. indemnification and Waiver of Claims: 1/(we) agree to indemnify, and waive the right to recover from, CEDA, Flgtree, any City or County from and against all losses, liabilities, claims, damages, etc. arising out of this Financing including (1) Documents, (11) the Improvements, RI) any breach or default by me/(us), (iv) damage to my Property, (v) personal injury or death, (vi) merchantability and fitness of Improvements, (vil) the amount of energy savings,(viii) the workmanship of third parties, and (ix) any other matter with respect to this the Figtree PACE program. Acknowledgement W/e acknowledge that Uwe have received the Declarations and Acknowledgments and agree to the terms. I Owner 1 Signature Owner 2 Signature Owner 3 Signature Owner 4 Signature Date Date Date Dale i 186 8. Assignment of Green Attributes to Figtree Energy Resource Company Certain Green Attributes may arise from the Improvements financed through the Figtree PACE program. Where applicable, Figtree Energy Financing may aggregate Green Attributes from the Improvements. Owner acknowledges that any Green Attributes, Including renewable energy credits attributable to the improvements, shall be owned by Figtree Energy Financing. Green Attributes The undersigned participating Property Owner in the Figtree PACE program hereby provides and conveys all Green Attributes, including Renewable Energy Credits rREC"), associated with all electricity generation from the Improvements to Figtree Energy Financing. Property Owner represents and warrants that Property Owner holds the rights to all Green Attributes (including REC) from the Improvements, and Property Owner agrees to convey and hereby conveys all such Green Attributes (including REC) to Figtree Energy Financing. Definitions "Green Attributes" means any and all c redtls, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Improvements, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (1) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carton dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Earth's climate by trapping heat in the atmosphere; (3) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser's discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy. "Renewable Energy Credit" has the meaning set forth In Public Utilities Code Section 399.12(f), as may be amended from time to time or as further defined or supplemented by Law. Acknowledgement IWe acknowledge that Uwe have received the Assignment of Green Attributes to Figtree Energy Financing and agree to the terms. Owner 1 SI W,re owner 2 Stpnature Owner 3 Sign8Wre Owner 4 &gnaWre Date Date Date Date 187 ATTACHMENT 9 188 RESOLUTION NO. 13-39 RESOLUTION CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY DECLARING INTENTION TO FINANCE INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS IN THE COUNTY OF SAN DIEGO WHEREAS, the C'Alifonnia Enterprise Development Authority ("CEDA") is a joint powers authority authorized and existing pursuant to Joint Powers Act (Government Code Section 6500 et seq.) and that certain Joint Exercise of Powers Agreement (the "Agreement") dated as of June 1, 2006, by and among the cities of Eureka, Lancaster and Selma; and WHEREAS, CEDA is authorized under the Agreement, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California ("Chapter 29") to finance the installation of distributed generation renewable energy sources, energy efficiency and water efficiency improvements that are permanently fixed to real property ("Authorized Improvements"); and WHEREAS, CEDA has obtained authorization from the County of San Diego (the "County") to enter into contractual assessments for the financing of the installation of Authorized improvements in the County; and. WHEREAS, CEDA desires to declare its intention to establish a Figtree PACE program ("Figtree PACE") in the County, pursuant to which CEDA, subject to certain conditions set forth herein, would enter into contractual assessments to finance the installation of Authorized Improvements in the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS: Section 1. Findings. The Board of Directors hereby finds and determines the following: (a) • The above recitals are true and correct and are incorporated herein by this reference. (b) Energy and water conservation efforts, including the promotion of Authorized Improvements to residential, commercial, • industrial, or other real property, are necessary to address the issue of global climate change and the reduction of greenhouse gas emissions in the County. (c) The upfront cost of making residential, commercial, industrial, or other real property more energy and water efficient, along with the fact that most 189 commercial loans for that purpose are due on the sale of the property, prevents many property owners from installing Authorized improvements. (d) A public purpose will be served by establishing a contractual asseesame 3t program, to be known as Figtree PACE, pursuant to which CEDA will finance the installation of Authorized Improvements to residential, commercial, industrial, or other real property in the County. Section 2. Determination of Public Interest. The Board of Directors hereby determines that (a) it would be convenient, advantageous, and in the public interest to designate an area, which shall encompass the entire geographic territory within the boundaries of the County, within which CEDA and property owners within the County may enter into contractual assessments to finance the installation of Authorized Improvements pursuant to Chapter 29 and (b) it is in the public interest for CEDA to finance the installation of Authorized Improvements in the County pursuant to Chapter 29. Section 3. Identification of Authorized Improvements. CEDA hereby declares its intention to make contractual assessment financing available to property owners to finance installation of Authorized Improvements, including but not limited to those improvements detailed in the Report described in Section 8 hereof (the "Report"), as that Report may be amended from time to time. Section 4. Identification of Boundaries. Contractual assessments may be entered into by property owners located within the entire geographic territory of the County including unincorporated territory within County Boundaries. A property owner located within a City within the County may enter into contractual assessments with CEDA only after such City has adopted a resolution to authorize participation in the PACE Program. Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue bonds, notes or other forms of indebtedness (the "Bonds") pursuant to Chapter 29 that are payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets & Highways Code of the State (the "improvement Bond Act of 1915") shall apply to any indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict with Chapter 29. The creditworthiness of a property owner to participate in the financing of Authorized huyrovements will be based on the criteria developed by Figtree Energy Resource Company (the "Program Administrator") upon consultation with Figtree PACE Program underwriters or other financial representatives, CEDA general counsel and bond counsel, and as shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued under the Improvement Bond Act of 1915 that are payable from contractual assessments, serial and/or term improvement bonds or other indebtedness shall be issued in such series and shall mature in such principal amounts and at such times (not to tics 20 years from the second day of September next following their date) and at such rate or rates of interest (not to exceed the maxirr.um rate permitted by applicable law) as shall be determined by the Board of Directors at the time of the issuance and sale of the indebtedness. The provisions of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of the Board of Directors to create a special reserve fund for the bonds under Part 16 of the 4813-12124687.1 1 190 Improvement Bond Act of 1915. Neither CEDA, nor any of its members participating in the Figtree PACE Program, shall advance available surplus funds from its treasury to cure any deficiency in the redemption fund to be created with respect to the indebtedness; provided, however, that this determination shall not prevent CEDA or any of its members from, in their sole discretion, so advancing funds. The Bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable laws permitting refunding, upon the conditions specified by and upon determination of CEDA. CEDA hereby authorizes the Program Administrator, upon consultation with CEDA general counsel, bond counsel and the Figtree PACE underwriter, to conuuence preparation of documents and take necessary steps to prepare for the issuance of bonds, notes or other forms of indebtedness as authorized by Chapter 29. In connection with the issuance of bonds payable from contractual assessments, CEDA expects to obligate itself, through a covenant with the owners of the bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment instalments under specified circumstances. Section b. Public Hearing. Pursuant to the Act, CEDA hereby orders that a public hearing be held before CEDA Board (the 'Board"), at 550 Bercut Drive, Suite G, Sacramento, CA 95811, on Thursday, October 3 , at 10:30 AM, for the purposes of allowing interested. persons to object to, or inquire about, the proposed Figtree PACE Program,. The public hearing may be continued from time to time as determined by the Board for a time not exceeding a total of 180 days. At the time of the hearing, the Report described in Section 8 hereof shall be summarized, and the Board shall afford all persons who are present an opportunity to comment upon, object to, or present evidence with regard to the proposed Figtree PACE Program, the extent of the aces proposed to be included within the boundaries of the assessment district, the terns and conditions of the draft assessment contract desorthed in Section 8 hereof (the "Contract"), or the proposed financing provisions. Following the public hearing, CEDA may adopt a resolution confirming the Report (the "Resolution Confirming Report") or may direct the Report's modification in any respect, or may abandon the proceedings. The Board hereby orders the publication of a notice of public hearing once a week for two successive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates are sufficient. The period of notice will commence upon the first day of publication and terminate at the end of the fourteenth day. The first publication shah occur not later than 20 days before the date of the public hearing. Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the Streets & Highways Code, written notice of the proposed contractual assessment program within the County to all water and electric providers within the boundaries of the County has been provided. 4113.1212-4687.1 2 191. Section 8. Report. The Board hereby directs the Program Administrator to prepare the Report and file said Report with the Board at or before the time of the public hearing described in Section 6 hereof containing all of the following: (a) A map showing the boundaries of the territory within which contractual assessments are proposed to be offered, as set forth in Section 4 hereof. (b) A draft contractual assessment contract (the "Contract") specifying the terms and conditions of' the agreement between CEDA and a property owner. (c) A statement of CEDA's policies concerning contractual assessments including ail of the following: (1) Identification of types of Authorized Improvements that may be financed through the use of contractual assessments. (2) Identification of the CEDA official authorized to enter into contractual assessments on behalf of CEDA. (3) A maximum aggregate dollar amount of contractual assessments. (4) A method for setting requests froart property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount (d) A plan for raising a capital amount required to pay for work performed in connection with contractual assessments. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The plan (i) shall include a statement of, or method for determining, the interest rate and time period during which contracting property owners would pay any assessment, (ii) shall provide for any reserve fund or funds, and (iii) shall provide for the apportionment of all or any portion of the costs incidental to financing, administration and collection of the contractual assessment program among the consenting property owners and CEDA. A report on the results of the discussions with the County Auditor -Controller described in Section 10 hereof, concerning the additional fees, if any, that will be charged to CEDA for inclusion of the proposed contractual assessments on the general property tax roll of the County, and a plan for financing the payment of those fees. Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, andthe interest and any penalties thereon, will constitute a lien against the lots and parcels of land on which they am made, until they are paid. Unless otherwise directed by CEDA, the assessments shall be collected in the same manner and at the same time as the general taxes of the County on real property are payable, and subject to the same penalties and remedies and lien priorities in the event of delinquency and default. Section 10. Consultations with County Auditor -Controller. CEDA hereby directs the Program Administrator to enter into discussions with the County Auditor -Controller in order to reach agreement on what additional fees, if any, will be charged to CEDA for incorporating the proposed contractual assessments into the assessments of the general taxes of the County on real property 4eis.rnra6eh.1 3 192 Section IL Preparation of Current Roll of Assessment. Pursuant to Section 5898.24(c), CEDA hereby designates the Program Administrator as the responsible party for annually preparing the current roll of assessment obligations by assessor's parcel number on property subject to a voluntary contractual assessment. Section 12. Procedures for Responding to Inquiries. The Program Administrator shall establish procedures to promptly respond to inquiries concerning current and future estimated liability for a voluntary contractual assessment Section 13. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 12`" day of September, 2013. ATTEST: Michelle .tephens, Assis CALIFORNIA ENTERPRISE DEVELOP IkiENTAUTHO B 41113-121244687.1 4 Gurbax ta, Chair 193 ATTACHMENT10 194 ASSOCIATE MEMBERSHIP AGREEMENT BY AND BETWEEN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE CITY.OF NATIONAL CITY THIS ASSOCIATE MEMBERSHIP AGREEMENT (the "Associate Membership Agreement"), is entered into this 19th day of August, 2014, by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority') and the CITY OF NATIONAL CITY, a municipal corporation, (the "City"). WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement"), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been fonned for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an "Associate Member"); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows: Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of 1 195 Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority by virtue of the City being an Associate Member of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by all actions previously taken by the Members and the Board of Directors of the Authority to the same extent as the Members of the Authority are subject to and bound by such actions. Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 5. Execution of the Agreement. Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers therewith duly authorized, on the day and year first set forth above. CALIFORNIA ENTERPRISE CITY OF NATIONAL CITY DEVELOPMENT AUTHORITY By: Gurbax Sahota, Chair Board of Directors ATTEST: Michelle Stephens Assistant Secretary By: Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney City of National City 2 California Enterprise Development Authority August 19, 2014 Associate Membership Agreement 196 ATTACHMENT 11 197 INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIGTREE COMPANY, INC. This Indemnification Agreement (the "Agreement") is entered into by and between the City ofNational City, a municipal corporation (the "City") and Figtree Company, Inc., a California corporation, the administrator of the Figtree Property Assessed Clean Energy and Job Creation Program (the "Administrator"), which is a program of the California Enterprise Development Authority, a California joint exercise of powers authority (the "Authority"). RECITALS WHEREAS, the Authority is a joint exercise ofpowers authority whose members include the City in addition to other cities and counties in the State of California; and WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job Creation Program (the "Figtree PACE Program") to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements that are permanently affixed to real property through the levy of assessments voluntarily agreed to by the participating property owners pursuant to Chapter 29 of Division 7 of the California Streets and Highways Code ("Chapter 29") and the issuance of improvement bonds, or other forms of indebtedness, under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter 29 with respect to the territory within the boundaries of the City, and WHEREAS, the City Council of the City adopted a resolution authorizing the City to join the Figtree PACE Program; and WHEREAS, the City will not be responsible for the formation, operation and administration ofthe Figtree PACE Program as well as the sale and issuance of any bonds or other forms of indebtedness in connection therewith, including the conducting of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of the Figtree PACE Program; and WHEREAS, the Administrator is the administrator of the Figtree PACE Program and agrees to indemnify the City in connection with the operations of the Figtree PACE Program as set forth herein; NOW, THEREFORE, in consideration of the above premises and of the City's agreement to join the Figtree PACE Program, the parties agree as follows: 1 , Indemnification. Figtree has provided the CEDA with an i • Pmnification for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents, arising from or related to the Figtree PACE Prograin, the 198 assessments, the assessment districts, the improvements or the financing and marketing thereof. Figtree agrees, on behalf of itself and the CEDA, to defend, indemnify and hold harmless the City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all actions, suits, proceedings, claims, demands, Iosses, costs and expenses, including legal costs and attorneys' fees, for injury or damage arising out of or in connection with the Figtree PACE Program, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Figtree. 2. endmentlInt r on of this A eement. This Agreement r entire understanding of the parties as to those matters contained herein. Nosents the understanding shall be of any force or effect with respect to those matters covered hereunder.or oral No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 3. gectf_on Heading. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 4. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 5. Severability andand Gov If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the retraining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 6. Notices. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: Tito the Administrator Chief Executive Officer Figtree Company, Inc. 9915 Mira Mesa Boulevard Suite 130 San Diego, CA 92131 2 Indemnification Agreement by and between City ofNational City and Figtree Company, Inc. 199 If to the City. Director of Housing, Grants, and Assessment Management City of National City 1243 National City Boulevard National City, CA 91950-4301 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 8. Effective Date. This Agreement will be effective as of the date of the signature of City's representative as indicated below in the signature block. IN WITNESS HEREOF, the parties hereto duly executed this Agreement Ae of the date below. CITY OF NATIONAL CITY FIGTREE COMPANY, INC. (Signatures of two corporate officers required) By. Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney By: Mahesh Shah, CEO Date: By: (Name) (Print) Mae) Date: 3 Indewimification Agreement by and between City of National City and Figt<ee Company, Inc. 200 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MEMBERSHIP IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the California Government Code, commencing with Section 6500 (the "JPA Law"), the City, upon authorization of the City Council, may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, City of National City and other public agencies wish to jointly participate in economic development financing programs for the benefit of businesses and nonprofit entities within their jurisdictions offered by membership in the California Enterprise Development Authority (the "Authority") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the California Enterprise Development Authority (the "Agreement"); and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement, and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and WHEREAS, the City is willing to become an Associate Member of the Authority subject to the provisions of the Associate Membership Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. The City Council finds and declares that the actions authorized hereby constitute public affairs of the City. The City Council further finds that the statements, findings, and determinations of the City set forth in the preambles above are true and correct. Section 2. The Associate Membership Agreement is hereby approved, and is on file in the Office of the City Clerk. The Mayor or his designee is hereby authorized, for and on behalf of the City, to execute and deliver the Associate Membership Agreement, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. The Mayor, or his designee, is hereby authorized to execute and deliver any and all documents that he may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this Resolution and the Associate Membership Agreement. All such actions heretofore taken by the Mayor or his designee are hereby confirmed, ratified, and approved. Section 4. This resolution shall take effect immediately upon its passage. [ Signature Page to Follow ] eal Resolution No. 2014 — Page Two PASSED and ADOPTED this 19th day of August, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 2�2 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY OF NATIONAL CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, APPROVING THE AMENDMENT TO THE JOINT POWERS AUTHORITY AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO THE AGREEMENT WHEREAS, the Western Riverside Council of Govemments (the "Authority") is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the California Government Code (Section 6500 and following) (the "Act") and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and WHEREAS, the Authority established the California HERO Program to provide for the financing of renewable energy distributed generation sources, energy, and water efficiency improvements, and electric vehicle charging infrastructure (the "Improvements") pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, the City of National City (the "City") is committed to development of renewable energy sources and energy efficiency improvements, reduction of greenhouse gases, and environmental protection; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and WHEREAS, installation of such Improvements by property owners within the jurisdictional boundaries of the counties and cities that are participating in the California HERO Program would promote the purposes cited above; and WHEREAS, the City wishes to provide innovative solutions to its property owners to achieve energy and water efficiency and independence, and in doing so cooperate with the Authority in order to efficiently and economically assist property owners within the City in financing such Improvements; and WHEREAS, the Authority has established the California HERO Program, which is a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers Agreement Adding the City of National City as an Associate Member of the Western Riverside Council of Governments to Permit the Provision of Property Assessed Clean Energy (PACE) Program Services within the City (the "JPA Amendment"), by and between the Authority and the City to assist property owners within the incorporated area of the City in financing the cost of installing Improvements; and . 03. Resolution No. 2014 — Page Two WHEREAS, the City will not be responsible for the conduct of any assessment proceedings, the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the Califomia HERO Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. The City Council finds and declares that properties within the City's incorporated area will be benefited by the availability of the Califomia HERO Program to finance the installation of Improvements. 2. The City Council consents to inclusion in the California HERO Program of all of the properties in the incorporated area within the City and to the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by the Authority for the purposes thereof. 3. The consent of the City Council constitutes assent to the assumption of jurisdiction by the Authority for all purposes of the Califomia HERO Program, and authorizes the Authority, upon satisfaction of the conditions imposed in this Resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting, and enforcement of the contractual assessments to finance the Improvements, and the issuance and enforcement of bonds to represent and be secured by such contractual assessments. 4. The City Council hereby approves the JPA Amendment and authorizes the Mayor to execute the Amendment. 5. City staff is authorized to coordinate with the Authority staff to facilitate operation of the California HERO Program within the City, and report back periodically to the City Council on the success of such program. 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this Resolution to the Secretary of the Authority Executive Committee. The City of National City may repeal this Resolution at any time, upon written notice to Western Riverside Council of Governments, if it is determined. that any facet of the California HERO Program was misrepresented in a manner that places the City of National City at harm legally or financially. j Signature Page to Follow Resolution No. 2014 — Page Three PASSED and ADOPTED this 19th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY OF NATIONAL CITY TO JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE INCORPORATED TERRITORY OF THE CITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE INDEMNIFICATION AND INSURANCE AGREEMENT WHEREAS, the California Statewide Communities Development Authority ("California Communities") is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California, including the City of National City (the "City"); and WHEREAS, California Communities has established the CaliforniaFIRST program (the "CaliforniaFIRST Program") to allow the financing of certain renewable energy, energy efficiency, and water efficiency improvements (the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the California Streets and Highways Code ("Chapter 29") and the issuance of improvement bonds (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the "1915 Act") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the City desires to allow the owners of property ("Participating Property Owners") within the incorporated territory of the City to participate in the CaliforniaFIRST Program and to allow California Communities to conduct assessment proceedings under Chapter 29 within the incorporated territory of the City, and to issue Bonds under the 1915 Act to finance the Improvements; and WHEREAS, California Communities will conduct assessment proceedings under Chapter 29 and issue Bonds under the 1915 Act to finance Improvements; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings, the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments, or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. This City Council finds and declares that properties in the City's incorporated area will benefit from the availability of the CaliforniaFIRST Program within the incorporated territory of the City and, pursuant thereto, the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 and the issuance of Bonds under the 1915 Act. ao6 Resolution No. 2014 — PageTwo Section 2. In connection with the CaliforniaFIRST Program, the City hereby consents to the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 on any property within its jurisdiction and the issuance of Bonds under the 1915 Act; provided, that (1) The Participating Property Owners, who shall be the legal owners of such property, shall execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) The City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program. (3) The issuance of Bonds will occur following receipt of a final judgment in a validation action filed by California Communities, pursuant to Code of Civil Procedure Section 860, that the Bonds are legal obligations of California Communities. Section 3. Pursuant to the requirements of Chapter 29, Califomia Communities has prepared and will update from time to time the "Program Report" for the CaliforniaFIRST Program (the "Program Report"), and California Communities will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. Section 4. The City Manager, or her designee, is hereby authorized to make applications for the CaliforniaFIRST program available to all property owners who wish to finance Improvements; provided, that California Communities shall be responsible for providing such applications and related materials at its own expense. The following staff persons, together with any other staff persons chosen by the City Manager from time to time, are hereby designated as the contact persons for California Communities in connection with the CaliforniaFIRST Program: Alfredo Ybarra, Director of Housing, Grants, and Assessment Management, (619) 336-4254, aybarraca.nationalcityca.aov. Section 5. The Mayor, or his designee, is authorized to execute the Indemnification and Insurance Agreement between the City and Renewable Funding, LLC, the administrator of the CalifomiaFIRST Program. Section 6. The Mayor, or his designee, is hereby authorized to execute and deliver such closing certificates, requisitions, agreements and related documents as are reasonably required by California Communities in accordance with the Program Report to implement the CaliforniaFIRST Program for Participating Property Owners. Section 7. The City Council hereby finds that adoption of this Resolution is not a "project" under the Califomia Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)). Resolution No. 2014 — Page Three Section 8. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of California Communities. The Indemnification and Insurance Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 19th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY'S FIGTREE PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE PROGRAM AND CERTAIN MATTERS IN CONNECTION THEREWITH, AND AUTHORIZING THE MAYOR TO EXECUTE THE INDEMNIFICATION AGREEMENT WHEREAS, the California Enterprise Development Authority ("CEQA") is a joint exercise of powers authority, comprised of cities and counties in the State of California, including the City of National City (the "City"); and WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and Job Creation Program (the "Program" or "Figtree PACE"), to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements (the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the California Streets & Highways Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the San Diego County Board of Supervisors (the "Board of Supervisors"), a political subdivision of the State of Califomia (the "County" ); has adopted Figtree PACE pursuant to the 1915 Act; and WHEREAS, the parameters of Figtree PACE are set forth in the Program Report and such Report has been prepared pursuant to Section 5898.22 of the 1915 Act and approved by the CEDA Board of Directors; and WHEREAS, the City Council of the City of National City (the "City Council") has reviewed the Program Report; and WHEREAS, the 1915 Act authorizes CEDA to enter into contractual assessments with property owners located within incorporated cities in the County of San Diego upon the approval of the legislative body of the related city to participate in Figtree PACE; and WHEREAS, the City desires to participate with the County in Figtree PACE, and provide for participation in Figtree PACE by property owners located within City limits; and WHEREAS, pursuant to Chapter 29, the City authorizes CEDA to levy assessments, pursue remedies in the event of delinquencies, and issue bonds or other forms of indebtedness to finance the Improvements in connection with Figtree PACE; and WHEREAS, to protect the City in connection with operation of the Figtree PACE, Figtree Energy Financing, the program administrator, has agreed to defend and indemnify the City; and Resolution No. 2014 — Page Two WHEREAS, the City will not be responsible for the levy of assessments, any required remedial action in the case of delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued in connection with Figtree PACE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. Good Standing. The City is a municipal corporation and a member of CEDA in good standing. Section 2. Public Benefits. On the date hereof, the City Council hereby finds and determines that the Program and issuance of Bonds by CEDA in connection with Figtree PACE will provide significant public benefits, including without limitation, savings in effective interest rates, bond preparation, bond underwriting and bond issuance costs, and reductions in effective user charges levied by water and electricity providers within the boundaries of the City. Section 3. Resolution of Intention. The City Council ratifies the resolution adopted by the CEDA Board of Directors declaring the Board's intention to order the implementation of a contractual assessment program to finance Improvements pursuant to the 1915 Act. Section 4. Boundaries. The City Council hereby approves the inclusion in Figtree PACE all of the properties in the incorporated area within the City, as same may be amended through annexation from time to time, the acquisition, construction, and installation within City limits of the energy and water efficiency measures set forth in the Report upon the request and agreement of the affected property owner, and the assumption of jurisdiction thereof by CEDA for the aforesaid purposes. The adoption of this Resolution by this City Council constitutes the approval by the City to participate in Figtree PACE. This City Council further authorizes CEDA to set the terms of, and implement, Figtree PACE and take each and every action necessary or desirable for financing the Improvements, including the levying, collecting, and enforcement of the contractual assessments to finance the Improvements and the issuance of bonds, notes or other forms of indebtedness secured by such contractual assessments as authorized by Chapter 29. Section 5. Appointment of CEDA. The City hereby appoints CEDA as its representative to (i) record the assessment against the Participating Parcels, (ii) administer the Program in accordance with the 1915 Act, (iii) prepare program guidelines for the operations of the Program and (iv) proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties in the Program in accordance with the 1915 Act and Section 6509.6 of the California Government Code. The City is not and will not be deemed to be an agent of Figtree or CEDA as a result of this Resolution. Section 6. Program Report. The City Council hereby acknowledges that pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program Report" for Figtree PACE (the "Program Report") and associated documents, and CEDA will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. /0 Resolution No. 2014 — Page Three Section 7. Foreclosure. The City Council hereby acknowledges that the 1915 Act permits foreclosure in the event that there is a default in the payment of assessments due on a property. The City Council hereby designates CEDA as its representative to proceed with collection and foreclosure of the liens on the defaulting properties in the Program, including accelerated foreclosure pursuant to the Program Report. Section 8. Indemnification. The City Council acknowledges that Figtree has provided the City with an indemnification agreement for injury or damage arising out of or in connection with the Figtree PACE Program. The City Council hereby authorizes the the Mayor, or his designee, to execute and deliver the Indemnification Agreement to Figtree. Section 9. City Contact Designation. The Mayor and City staff are hereby authorized and directed to make applications for Figtree PACE available to all property owners who wish to finance Improvements. The following staff persons, together with any other staff designated by the City Manager from time to time, are hereby designated as the contact persons for CEDA in connection with Figtree PACE: Alfredo Ybarra, Director of Housing, Grants, and Assessment Management, (619) 336-4254, aybarra@nationalcityca.gov. Section 10. CEQA. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act ("CEQA"), because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b )( 4)). Section 11. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to Figtree Energy Financing. Section 12. Costs. Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City. PASSED and ADOPTED this 19th day of August, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor a �r CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19, 2014 AGENDA ITEM NO. 16 ITEM TITLE: A resolution of the City Council of the City of National City, 1) approving the Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for project costs in an amount not to exceed $250,000, 2) authorizing the Mayor to execute the MOU, and 3) authorizing the appropriation of $250,000 to the Wayfinding Signage Program, to be reimbursed by the Port District via the terms of the MOU) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: r�� Finance ACCOUNT NO. APPROVED: MIS Appropriate $250,000 to Account No. 296-498-500-598-6189 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 3. MOU Explanation In an effort to attract residents and visitors to commercial, hotel and recreation facilities in and around the Marina District, staff is requesting $250,000 in Maritime Terminal Impact Fund (MTIF) funding through the San Diego Unified Port District to implement a comprehensive Wayfinding Signage program. City staff has coordinated with Port District staff to define the scope of work, responsibilities, and deliverables, which are detailed in the attached memorandum of understanding. Approximately $250,000 in SANDAG Smart Growth Incentive Program (SGIP) grant funds for the Downtown-Westside Community Connections Project is available to be used as a 50% match for a total project budget of $500,000, since implementation of wayfinding signage is an element of the SGIP project. Through the City's partnership with San Diego State University (SDSU) as part of the SAGE Program, students prepared concepts for wayfinding signage for the Marina District and Downtown National City. This effort will reduce design costs and allow for most of the funding to be spent on sign fabrication and installation. Staff will provide a presentation highlighting the students' concepts as part of this staff report. In summary, staff recommends the following City Council actions: 1) approve the Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for project costs in an amount not to exceed $250,000, 2) authorize the Mayor to execute the MOU, and 3) authorize the appropriation of $250,000 to the Wayfinding Signage Program, to be reimbursed by the Port District via the terms of the MOU. Matching funds have already been appropriated by City Council as part of the Downtown-Westside Community Connections Project. MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR FUNDING FOR THE WAYFINDING SIGNAGE PROGRAM This MEMORANDUM OF UNDERSTANDING is entered into by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City,": WHEREAS, the District approved Board of Port Commissioners (BPC) Policy No. 120, to establish funding for the development or improvement of the capital assets of the Port District through a Capital Improvement Program (CIP) policy. WHEREAS, the District, on July 6, 2010, established the Maritime Terminal Impact Fund (MTIF) with an initial capital contribution of Five Hundred Thousand dollars ($500,000) with annual one- half of one percent (.5%) of gross maritime terminal revenues earned from the operation of the Tenth Avenue Marine Terminal and The National City Marine Terminal annually. WHEREAS, the District includes as part of its BPC Policy No. 120, a provision for the inclusion of off -tidelands projects in the CIP. WHEREAS, the District, as stated in Policy No. 120, defines "Off Tideland Impacts" as impacts to communities adjacent to, directly associated with, or which are a result of the District's maritime terminals and other operations, which are of a unique, adverse or exclusionary nature. WHEREAS, the District amended BPC Policy No. 120, on March 4, 2014, to allow out of cycle project requests to be considered by the BPC for Maritime Terminal Impact Fund (MTIF) projects. WHEREAS, the City submitted a project request for District funding of the National City Wayfinding Signage Program (Project) pursuant to the CIP policy for the MTIF. WHEREAS, the District and the City have had cooperative discussions regarding the Project. WHEREAS, the City has submitted a project application form for the Project requesting up to Two Hundred Fifty Thousand dollars ($250,000) from the District's MTIF for the Project. WHEREAS, the District previously allocated One Hundred Seventy -Five Thousand dollars ($175,000) from the MTIF in the CIP for the Tidelands Avenue and Civic Center Drive Resurfacing project at the request of the City. WHEREAS, the City has requested the District to remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP and reallocate the One Hundred Seventy -Five Thousand dollars ($175,000) in MTIF funds from that project to the D2# 912672 Project, in addition to new funding of Seventy -Five Thousand dollars ($75,000) from the District's MTIF to the Project. NOW THEREFORE, the parties hereto agree to enter into this MOU effective as of this day of , 2014. 1. The term of this MOU shall be 2 years from the date of District's BPC approval. 2. City shall be solely responsible for the Project and shall act as overall Program Manager for the implementation of the Project. The design and construction may be carried out by the contractor retained by the City with prevailing wages paid. 3. The District agrees to reimburse the City a total amount not to exceed Two Hundred Fifty Thousand dollars ($250,000) to the Project for design and construction. 4. As a prerequisite for payment, the City shall invoice the District for costs necessary to design and construct the Project. The City's invoice to the District shall not exceed fifty percent (50%) of the amount the City has already paid to the Contractor retained by the City who is performing the design or construction work for the Project. The invoice shall be accompanied by invoices and receipts from the contractor and proof of payment by the City for the work. 5. Invoices shall include documentation, to the satisfaction of the District, of all work performed. All invoices for reimbursement shall be received by the District prior to the end of the MOU term. 6. Within thirty (30) days of receipt of the invoice, the District will review the invoices and submit for payment to the City for the reimbursable amount as outlined herein to the City for the Project. 7. City is solely responsible for its fifty -percent (50%) costs share and any other amounts needed to complete the Project over and above the amount provided by the District hereunder. The City's funding may come from grants or other sources as determined by the City. 8. In the event the Project is not completed prior to the end of the MOU term, the City shall pay back all monies providedby the District under this MOU, unless both parties execute a formal amendment to the MOU extending the term due to unforeseen and/or extenuating circumstances prior to the end of the MOU term. 9. Pursuant to Port Act, Section 30.5 District shall notify State Lands Commission of the MOU within ten (10) days of the final execution of the MOU. 10. The District has no obligation under the MOU until the 60-day notice period to State Land's Commission expires without objection from State Land's Commission. 11. The City and District agree the Project's purpose is to: D2# 912672 a. direct visitors and residents to key attractions, amenities, and features, located on, or adjacent to, District Tidelands, b. enhance urban design, c. reinforce community identity, d. reduce confusion for drivers, pedestrians, and bicyclists, e. improve access for District tenants, f. improve land use compatibility with roadway network, g. improve traffic flow and enhance safety, and h. mitigate off -tidelands impacts to the adjacent communities from the District's maritime terminals including traffic impacts, difficulty in way finding, and other impacts addressed by the purposes above. 12. The City and District agree that the "Basis of Design" and the "Final Plans and Specifications" for the design and development of the Project shall include: a. The design of the proposed signage including: theme, user, height, size, color, lighting, graphics, language, structure. b. The specifications of signage to be used including: fabrication standards and methods, material, dimensions, fittings, warranty, maintenance, c. The location and direction of each sign, and d. The message for each sign for each location. 13. The City and District agree the "Basis of Design" shall be defined as thirty percent (30%) completion of the Project's design and development phase. 14. The City and District agree the "Final Design Plans and Specifications" are at one hundred percent (100%) of the Project's design and development phase, after approval from the City Planning Commission and City Council, but prior to the City beginning fabrication and installation of signage. 15. The City shall submit the "Basis of Design" for the Project to the District for review, comment and approval. The District shall have forty-five (45) days to review and provide comments in writing to the City. 16. The City shall submit the "Final Design Plans and Specifications" for the Project to the District for review, comment and approval. The District shall have forty-five (45) days to review and provide comments in writing to the City. 17. The District's review comments on the "Basis of Design" and "Final Design Plans and Specifications" for the Project shall not relieve the City of obligations under the terms set forth in this agreement or those by the State or Federal agencies, nor shall it impose any responsibility or liability on District for such design or construction of the Project 18. The District shall have no further obligation to reimburse the City for its costs to contractors for the Project if the District determines the "Basis of Design" or "Final Design Plans and Specifications" for the Project are not consistent with District policy, the Project description or the location, or if the District has any overall Project concerns. D2# 912672 19. In case of any unforeseen circumstances or a dispute relating to this MOU, City and District will meet in good faith to resolve issues. 20. Upon authorization by the Board of Port Commissioners, the District's FY 2014- 2018 CIP will be amended to include the Project. The City agrees to the reallocation of MTIF funds of One Hundred Seventy -Five Thousand ($175,000) from the Tidelands Avenue and Civic Center Drive CIP project to the City's Project. 21. The District shall remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP. 22. Upon authorization by the District's BPC, the District will provide total funding, not to exceed Two Hundred Fifty Thousand ($250,000) for the Project. The Two Hundred Fifty Thousand ($250,000) funding shall include One Hundred Seventy Five Thousand ($175,000) from the Tidelands Avenue and Civic Center Drive Resurfacing project and an additional Seventy -Five Thousand Dollars ($75,000) from the MTIF. 23. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Councils or Board of Commissioners. 24. This MOU shall be interpreted in accordance with the laws of the State of Califomia. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of Califomia. 25. All terms, conditions and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 26. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 27. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 28. Nothing in the provisions of this MOU is intended to create dutiesor obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. 29. The City shall indemnify and hold harmless the District and their respective officers, directors, members, employees, agents, partners, joint ventures', affiliates, successors and assigns from and against any and all liabilities, obligations, claims, demands, causes of action, losses, expenses, damages, fines, judgments, settlements and penalties, including, without limitation, costs, D21t 912672 _d_ expenses and attorneys' fees incident thereto, arising out of, based upon, or occasioned by or in connection with: a. City's performance of (or failure to perform) the Project; b. a violation of any laws or any negligence, gross negligence or willful misconduct by the City or its affiliates, contractors, subcontractors, agents or employees during performance of the Project; c. a breach of this Agreement by the City's contractor or any of its affiliates, subcontractors, agents or employees; and d. injuries allegedly suffered by City's employees, subcontractors, agents or any other person where such are associated with the Project. The aforesaid obligation of indemnity shall be construed so as to extend to all legal, defense and investigation costs, as well as all other reasonable costs, expenses and liabilities incurred by the party indemnified, from and after the time at which the party indemnified receives notification (whether verbal or written) that a claim or demand is to be made or may be made. Except as may be otherwise provided by applicable law or any governmental authority, the City's obligation of indemnification under this section shall not be impaired or diminished by any act, omission, conduct, misconduct, negligence or default (other than gross negligence or willful misconduct) of the District or any employee of the District who contributed or may be alleged to have contributed thereto. IN WITNESS WHEREOF, parties hereto have executed this Memorandum of Understanding as of the day and the year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By APPROVED AS TO FORM: CITY OF NATIONAL CITY By By Claudia G. Silva City Attomey Ron Morrison Mayor D2# 912672 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR THE NATIONAL CITY WAYFINDING SIGNAGE PROGRAM WHEREIN THE PORT DISTRICT AGREES TO REIMBURSE NATIONAL CITY FOR PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $250,000, AND AUTHORIZING THE APPROPRIATION OF $250,000 TO THE WAYFINDING SIGNAGE PROGRAM THROUGH THE GENERAL FUND, TO BE REIMBURSED BY THE PORT DISTRICT WHEREAS, the District approved Board of Port Commissioners ("BPC") Policy No. 120, to establish funding for the development or improvement of the capital assets of the Port District through a Capital Improvement Program ("CIP") policy; and WHEREAS, the District, on July 6, 2010, established the Maritime Terminal Impact Fund ("MTIF") with an initial capital contribution of Five Hundred Thousand Dollars ($500,000) with annual one-half of one percent (.5%) of gross maritime terminal revenues earned from the operation of the Tenth Avenue Marine Terminal and The National City Marine Terminal annually; and WHEREAS, the District includes as part of its BPC Policy No. 120, a provision for the inclusion of off -tidelands projects in the CIP; and WHEREAS, the District, as stated in Policy No. 120, defines "Off Tideland Impacts" as impacts to communities adjacent to, directly associated with, or which are a result of the District's maritime terminals and other operations, which are of a unique, adverse or exclusionary nature; and WHEREAS, the District amended BPC Policy No. 120, on March 4, 2014, to allow out of cycle project requests to be considered by the BPC for MTIF projects; and WHEREAS, the City submitted a project request for District funding of the National City Wayfinding Signage Program (the "Project") pursuant to the CIP policy for the MTIF; and WHEREAS, the District and the City have had cooperative discussions regarding the Project; and WHEREAS, the City has submitted a project application form for the Project requesting up to Two Hundred Fifty Thousand Dollars ($250,000) from the District's MTIF for the Project; and WHEREAS, the District previously allocated One Hundred Seventy -Five Thousand dollars ($175,000) from the MTIF in the CIP for the Tidelands Avenue and Civic Center Drive Resurfacing project at the request of the City; and Resolution No. 2014 — Page Two WHEREAS, the City has requested the District to remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP and reallocate the One Hundred Seventy -Five Thousand Dollars ($175,000) in MTIF funds from that project to the Project, in addition to new funding of Seventy -Five Thousand dollars ($75,000) from the District's MTIF to the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizing the Mayor to execute a Memorandum of Understanding between the San Diego Unified Port District and the City of National City for the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for Project costs in an amount not to exceed $250,000. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $250,000 to the Wayfinding Signage Program through the General Fund, to be reimbursed by the San Diego Unified Port District. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a third Standard Agreement Amendment to the Environmental Oversight Agreement with the California Department of Toxic Substance Control extending the ending term date to August 31, 2015 and increasing funding by $53,821 from an original amount of $74,984 not to exceed $128,805 to allow the continuation of the original Scope of Work providing for qualified oversight of environmental remediation planning and implementation for the Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Proiect site. PREPARED BY: Carlos Aguirre, Comm. Dev. Mgr. { DEPARTMENT: H g, Grants, &AssetMgmt. PHONE: 019-336-4391; APPROVED B EXPLANATION: The Department of Toxic Substances Control ("DTSC") is a qualified State environmental regulator which has been working with the City to understand the site conditions at the Westside National City Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Project ("WI-TOD") site since 2008. The City of National City entered into an Environmental Oversight Agreement ("Agreement") with the DTSC on May 18, 2010 for DTSC to establish a collaborative process that 1) provides a flexible based process based on upon the City's needs for the WI-TOD project; 2) ensures the investigation and clean-up are conducted in an environmentally sound manner; 3) requires a clean-up that results in a property that is safe for redevelopment; and 4) can provide liability relief for redevelopment agencies that complete the site characterization and clean-up process. The resolution would extend the Agreement through August 31, 2015 and increase funding by $53,821 that would be used to continue technical assistance to the City in the planning and implementation of the environmental remediation process for the WI-TOD Project site., FINANCIAL STATEMENT: APPROVED: i& Finance ACCOUNT NO. 001-499-500-598-3934 APPROVED: MIS There are sufficient funds appropriated in account 001-499-500-598-3934 to encumber the additional funding of $53,821 in Fiscal Year 2014-15. ENVIRONMENTAL REVIEW: 'Not applicable.; ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution.: BOARD / COMMISSION RECOMMENDATION: Not Applicable.', ATTACHMENTS: 1. Standard Agreement Amendment No. 3 2. Original Standard Agreement for Contract No. 11-T1032 Department of Toxic Substances Control Matthew Rodriquez Secretary for Environmental Protection August 8, 2014 City of National City Attn: Raymond Pe 1243 National City Boulevard National City, CA 91950-4301 Miriam Barcellona Ingenito Acting Director 1001 "I" Street P.O. Box 806 Sacramento, California 95812-0806 Subject: Contract Number 11-T1032 Amendment 3 Dear Mr. Pe, Attachment No. 1 Edmund G. Brown Jr Govemor The Department of Toxic Substances Control appreciates the opportunity to work with your agency. Enclosed is the Reimbursement Contract Number 11-T1032 Amendment 3, developed per your request for your approval and signature. Instructions and additional requirements are outlined below: Per the terms of the Contract please submit two (2) copies of the signed Standard 213 face sheet only to: Ed Scholte Department of Toxic Substances Control Contract Development Unit P.O. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 Per the terms of the Contract, please send your check in the amount of $26,910.00 for advance payment to: Ms. Mabel Tsing Department of Toxic Substances Control Accounting Section P.O. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 For program matters, please contact the Contract Manager whose name and phone number is listed in your original Contract. If you have any other questions, please contact me at (916) 327-4031. Sin Cle" d Scholte Contract Development Unit Enclosure(s) cc: Maryam Tasnif-Abbasi, DISC Deborah Saito, DTSC STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6103) © CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 1 Pages Attachment No. 1 AGREEMENT NUMBER AMENDMENT NUMBER 11-T1032 . 3 REGISTRATION NUMBER 1. This Agreement is entered into between the State AAen1and Contractor named below: STATE AGENCYS NAME Department of Toxic Substances Control CONTRACTORS NAME City of National City 2. The term of this Agreement is October 18, 2011 through August 31, 2015 3. The maximum amount of this $128,805.00 Agreement after this amendment is: $53,821.00 Amendment Amount 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: EXTEND amended Ending Term Date of August 31, 2014 to a further amended Ending Term date of August 31, 2015 to allow for the continuation of the original Scope of Work. INCREASE funding in the amount of $53,821.00 from an original amount of $74,984.00 not to exceed $128,805.00 to allow for the continuation of the original Scope of Work. ADD Exhibit B, Budget Detail, 1 page attached, and by this reference made a part hereof. CHANGE Contractor's Name from "City of National City/Community Development Commission" to "City of National City". All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (Mother than an Individual, state whether a corporation, partnership, etc.) City of National City BY (Authorized Signature) 1ES DATE SIGNED (Do not type) PRINTED NAME AND TC E OF PERSON SIGNING Ron Morrison, Mayor ADDRESS 1243 National City Blvd., National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME Department of Toxic Substances Control BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Sandra Poindexter, Procurement and Contracting Officer ADDRESS 1001 1 Street, P.O. Box 806, Sacramento, CA 95812-0806 CALIFORNIA Department of General Services Use Only 0 Exempt per: City of Nger i teit'y Contract No.: 11-T1032 A-3 Exhibit B - Page 1 of 1 OVERSIGHT AGREEMENT COST ESTIMATE COST ESTIMATE WORKSHEET Contract #11-T1032 (Amendment #3) Date: June 17 2014 Site: National City Transit Oriented Development/Public Works Yard Site Code: 401294-11 Title VCP Coord. Proms Supervisor SupervisorManager Toxicologist Geology Public Participation Classification (personnel) Sr. HSS Sr. ES SHSE 1 Staff Toxicologist Senior Engineering Geologist PPS Staff Counsel TASK: (enter #hrs) Agreement PrepiNegotiation 1 Project Management 20 4 Review and comment on existing data Technical Memoranda - Workplan - Implementation -Report 2D 20 16 16 20 20 16 Risk Analysis 20 PubWG Participation 16 CEQA Removal Action Plan Implement Remedial Action 20 16 16 Design Certification 16 8 8 8 Deed Restriction Operation & Maint Total No. Hours/Class 1 96 4 84 72 16 8 HourlyRate/Class $152 $152 $207 $179 $207 $123 $181 Cost/Class $152 $14,592 $828 $15,036 $14,904 $1,968 $1,448 Contingency (10%) $4,893 Grand Total Cost $53,821 New Advance Payment $26,910 Original Contract Amount $74,984 Amended Contract Amount $128,805 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 00/03) FULLY EXECUTED Attachment No. 2 AGREEMENT NUMBER 11-T1032 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AOENCYS NAME. Department of Toxic Substances Control cosmic -roes wee City of National City/Community Development Commission 2. The term of this Agreement is: Upon Approval through 8/31/2012 3. The maximum amount $ 74,964.00 of this Agreement is: Seventy -Four Thousand Nine Hundred Eighty Four Dollars 4. The parties agree to comply with the teens and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A — Scope of Work Exhibit B —Budget Detail and Payment Provisions 19 page(s) 2 page(s) Exhibit C' — General Terms and Conditions GTC 610 Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - 0 Special Terms and Conditions Exhibit E — Additional Provisions 1 page(s) pa9e(s) items shown with an Asterisk ('), are hereby incorporated by reference and made part of lids agreement as if attached hereto. These documents can be viewed at htto://www.dge.cg2gowDefardf.asox?atfas=Navw.das.ce.aovAlls IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTORS NM€ (it other than an hlWduaf, stale whether a corporation, pattered*, etc.) City of National City/Community Development Commission EY(, DATE SIGNED(DoNo: Opt/ PRINTED NAME AND TITLE OF PERSON SIGNING Ron Morrison, Mayor ADDRESS 1243 National City Blvd. National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME Department of Toxic S OF PERSON St6laNG , Procurement & Contracting Officer DATE SIONM /d/e ADDRESS 1001 [ Street, P.O. Box 806, Sacramento, CA 95812-0806 Tur 1111 co 4 Exempt per: Notice No.: 40.05 (Page 2 of 69) Attachment No. 2 EXHIBIT A (Reimbursement Agreement) SCOPE OF WORK City of National City Contract No.: 11-T1032 Exhibit A - Page 1 of 19 A. The City of National City Community Development Commission, (Applicant) agrees to reimburse the Department of Toxic Substances Control (DTSC) for DTSCs costs incurred ;in providing review, consultation and/or processing application(s) or request(s) made by Applicant. The details of the Scope of Work are described in the Environmental Oversight Agreement (EOA), Exhibit A, Pages 2-19 incorporated by this reference. The EOA Contract/Project Managers during the term of this Contract will be: state A. enc : Applicant: Department of Toxic Substances Control: City of National City Community Development Commission: Maryam Tasnif-Abbasi Patricia Beard Hazardous Substances Scientist Redevelopment Manager 5796 Corporate Avenue City Community Development Commission Cypress, California 90630 National City, CDC mtasnifadtsc.ca.00v 1243 National City Boulevard National City, California 91950 PBeard(nationatcitvca.aov Phone: 714-484-5489 Phone: 619-336-4255 Fax: 714-484-5438 Fax: 619-336-4286 Department of Toxic Substances Control: City of National City Community Development Commission: Thomas M. Cote Performance Manager Brownflelds Environmental Restoration Prgm 796 Corporate Avenue ypress, California 90630 catagidtsc.ca.00v Brad Rautston Executive Director National City, CDC 1243 National City Boulevard National City, California 919501 PBeardenationateltvice.gov Phone: 714-240-9253 Fax: 714-484-5438 Phone: 619-336-4255 Fax: 619.336-4286 (Page 3 of 69) Attachment No. 2 City of National City Contract No.:11-T1032 Exhibit A - Page 2 of 19 Environmental Oversight Agreement For the City of National City Contract No. 1. INTRODUCTION This Environmental Oversight Agreement (Oversight Agreement) is made between the City of National City (Agency) and the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC). The Parties intend by this Oversight Agreement to establish a mutually beneficial working relationship and to cooperatively address Brownfields properties in the City of National City. The Agency and DTSC both share the mission to revitalize and reuse Brownfields properties to address known or perceived environmental contamination in order to provide significant benefits to the economy and health of surrounding communities. DTSC is committed to working in partnership with communities to restore contaminated properties to productive use, while ensuring that cleanups are protective of public health and the environment. The Agency intends to alleviate the causes and effects of blight through the construction of infrastructure improvements, improvement or construction of public facilities and public uses, promoting improvements in commercial, industrial and residential areas, removing or alleviating the negative effects of hazardous substances and improving, increasing and preserving the community's housing stock, The Oversight Agreement outlines two different scopes of work and broad approaches for DTSC to provide technical consultation, site investigation and remediation activity support. The intent of the Oversight Agreement is to establish a collaborative process that (1) provides a flexible process based upon the Redevelopment Agency's needs for the project; {2) ensures the investigation and cleanup are conducted in en environmentally sound manner, (3) requires a cleanup that results in a property that is safe for redevelopment and (4) can provide liability relief for redevelopment agencies that complete the site characterization and cleanup process. Under this Program, DTSC can also provide consultative services to an Agency. The Agency will select the specific Scope of Work that it believes addresses its particular needs depending on whether the Agency Is seeking (1) technical' consultation only from DTSC, or (2) DTSC assistance and response and remediation oversight in cases where the Agency intends to proceed under the Polanco Act or other applicable laws as determined appropriate by DTSC (Exhibit cJ. Under this Oversight Agreement, the Agency may request {and pay for) services without any commitment to move forward with a project or a Property or group of Properties, and may request early consultation with DTSC, where desirable. 1.1. Purpose of Agreement. The purpose of this Oversight Agreement is to specify the process that will be used in evaluate Brownfields properties within the Agency's and DTSC's jurisdiction under this Oversight Agreement; to identify the properties that will be addressed under this Oversight Agreement; to facilitate the remediation of Brownfields properties and to provide a framework for the reimbursement of DTSC's oversight costs, and to assist the Agency and others In meeting the environmental requirements to obtain the immunities and protections under the Polanco Redevelopment Act set forth in Health & Safety Code §§ 33459-33459.8 (Palermo Act), and such other California and federal statutes as may be appropriate. 1.2. Parties. DTSC and the Agency are collectively the "Parties" to this Oversight Agreement. (rage 4 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A - Page 3.of 19 1.3. Jurisdiction. 1.3.1. Agency Jurisdiction. The Agency has general delegated authority from the State Legislature to eliminate blight pursuant to the Health and Safety Code. In addition, Health and Safety Code section 33459.1, subdivision (a)(1) of the Polanco Act authorizes the Agency to take any actions that the Agency determines are necessary and that are consistent• with state and federal laws to remedy or remove a release of hazardous substances, as defined in Health and Safety Code section 33459, subdivision (c), on, under, or from a property located in a "Redevelopment Project Area," as defined in Health and Safety Code section 33320.1 (Project Area), whether the Agency owns the property or not, if any one of the conditions in Health and Safety Code section 33459.1, subdivision (b) is met. Pursuant to Health and Safety Code section 33459.1, subdivision (c), even If the conditions in Health and Safety Code section 33459.1, subdivision (b) are not met, the Agency may take actions to investigate or conduct feasibility studies or, if the Agency determines that the environmental condition of a property requires immediate action, the Agency may take actions to remedy or remove a release of hazardous substances. The Agency shall submit satisfactory evidence demonstrating its authority to enter into this agreement to contract with DTSC. Such evidence should include a resolution, motion or order confirming its authority. • 1.3.2. DTSC Jurisdiction. Health and Safety Code section 25201.9 authorizes DISC to enter into agreements to perform consultative services for the purposes of providing assistance in complying with chapter 6.8 of division 20 of the Health and Safety Code. Health and Safety Code sections 33459- 33459.8 and section 56009 authorize DTSC to take proper and necessary actions for the protection and preservation of the public health as required for the efficient exercise of DTSC's activities under the Polanco Act. 1.4 Properties. Generally, the property or group of properties that wit be the subject of this Oversight Agreement are within Redevelopment Project Areas of concern to the Agency. A map of the Redevelopment Project Areas located within the Agency's jurisdiction is attached as Exhibit A. The specific properties to be included in this Oversight Agreement (Property" or group of Properties) in Exhibit A, attached to this Oversight Agreement. The Agency may propose new Redevelopment Project Areas and future properties for incorporation info this Oversight Agreement. If approved by DTSC, new Redevelopment Project Areas will be incorporated into this Oversight Agreement and identified in Exhibit A and new Properties or groups of Properties will be incorporated into this Oversight Agreement and identified In Exhibit A. 2. AGREEMENT THE PARTIES HEREBY AGREE THAT, I 2.0. Activities to be Conducted. DTSC and the Agency wilt undertake activities as specified in this Oversight Agreement to provide for Technical Consultation by DTSC related to site investigation, assessment, remediation and mitigation, or services related to activities 10 assess hazardous substances releases as may be necessary or helpful for redevelopment For each particular Property or group of Properties, the parties acknowledge and agree that all work performed pursuant to this Oversight Agreement is intended lo be consistent with Health and Safety Code sections 33459-334598, or Health and Safety Code sections 25300-25395.45, as appropriate. 2.0.1. Technical Consultation. Upon the request of the Agency's Oversight Agreement Manager identified under Section 2.4 and subject to availability of DTSC resources, DTSC will provide technical consultation to the Agency in accordance with the Scope of Work contained in Exhibit C attached to this Oversight Agreement. Technical consultation may include, but is not limited to, participating in meetings, conferences, workshops, and/or conference calls, researching responses to Agency's questions, reviewing existing data and preliminary (Paige 5 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A- Page 4 of 19 reports submitted by Agency or In DTSC's files, conducting site visits and performing general activities to scope a project, including oversight of preliminary site characterization activities. Technical consultation vl s riot include oversight of removal, remediation or other Site cleanup activities. DTSC's completion of the activities described in the Scope of Work for technical consultation shall constitute DTSC's complete performance for technical consultation under this Oversight Agreement. 2.0.2. Site -Specific Property Oversight. For each Property or group of Properties subject to this Oversight Agreement, DTSC will provide review and oversight of the activities conducted by the Agency, as appropriate, in accordance with the Scope of Work contained in Exhibit C attached to this Oversight Agreement that is developed by DTSC in consultation with the Agency pursuant to this Section 2.0.2. Tasks identified for which DTSC will provide oversight will not be Implemented until DTSC's provides an approval of that Scope of Work. The Scope of Work in Exhibit C applies to a Property or group of Properties being addressed under the Potanco Act or other state and federal Taws as determined appropriate by DTSC. The Agency will conduct activities in the manner specified in this Oversight Agreement in accordance with a mutually agreed upon schedule. The Agency may direct or arrange for a third party to conduct those activities in the same manner and in accordance with the same schedule. DTSC will review and provide the Agency with written comments on all Agency deliverables as described in the Scope of Work. For each Property or group of Properties; DTSC will provide oversight, as appropriate, of field activities, including but not limited to observation of sampling activities and Implementation of Cleanup Plans. DTSC's completion of the activities described in the Scope of Work for each Property or group of Properties shall constitute OTSC's complete performance under this Oversight Agreement for that Property or group of Properties. • 2.1. Inclusion of Properties. For each Property or group of Properties the Agency proposes for site - specific activities under this Oversight Agreement, the Agency will submit to DTSC (1) the information required under Exhibit B for that proposed Property or group of Properties; and (2) any other appropriate information. DTSC will discuss with the Agency any issues regarding incorporating a proposed Property or group of Properties into this Oversight Agreement. DTSC will provide written concurrence when it determines that incorporating a proposed Property or group of Properties into this Oversight Agreement is appropriate and will develop in consultation with the Agency a separate site -specific Scope of Work, site - specific cost estimate and schedule for the Property or group of Properties. Upon approval in writing by both the Oversight Agreement Manager for DTSC and the Agency, a revised Exhibit B, C and D for the Property or group of Properties will be inoorporated into this Oversight Agreement. 2.2. Amendment of Exhibits. •Upon approval in writing by the Oversight Agreement Manager for DTSC and by the Agency, Exhibits may be amended and the Exhibits, as amended, wits be incorporated into this Oversight Agreement. 2.3 Additional Activities. Additional activities to the agreed upon Scope of Work ay be conducted end DTSC oversight provided by amendment 10 an Exhibit in accordance with Sections 2.2 and 2.7. if DTSC expects additional oversight costs to be incurred related to these additional activities, DTSC will provide an estimate of the additional oversight cost to the Agency as an amendment to Exhibit D, and/or C, as applicable, as provided In section 2.7. 2.4 Oversight Agreement Managers and Project Managers. Thomas M. Cota is designated by DTSC as its Manager for this Oversight Agreement. Patricia Beard is designated by the Agency as Manager for this Oversight Agreement. Each Party to this Oversight Agreement will provide at least ten (10) days advance written notice to the other of any change in its designated Oversight Agreement Manager. DTSC and the Agency may designate a Project Manager for any Property or group of Properties incorporated into this Oversight Agreement. Both DTSC and the Agency reserve the right to appoint different Project Managers, pursuant to this Oversight Agreement, for different projects that may be ongoing at the same Time. (Page 6 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A - Page 5 of 19 2.5 Notices and Submittals. 2.5.1 All notices, documents and communications that are to be given under this Oversight Agreement, unless otherwise specified, will be sent to the respective Parties at the following addresses To DTSC: Thomas M. Coto Performance Manager Brownfields Environmental Restoration Program 5796 Corporate Avenue Cypress, California 90630 To the Agency: Patricia Beard Redevelopment Manager City Community Development Commission City of National City 1243 National City Blvd National City CA 91950 2.5.2 The parties will give such notices to known property owners and other parties as required by applicable law. (See Exhibit B for known property owners for each Property or group of Properties.) 2.6 DTSC Document Review and Approval. if DTSC determines that any report, plan, schedule or other document submitted for approval pursuant 10 this Oversight Agreement does not meet the conditions in this:Oversight Agreement or faits to protect public health or safely or the environment, DTSC will consult with the Agency and either (1) return comments to the Agency with recommended changes or (2) modify the document, with Agency concurrence, as deemed necessary and approve the document as modified. 2.7 Payment, An estimate of DTSC's oversight costs for Technical Consultation is contained in Exhibit D (as applicable) and an estimate of DTSC's oversight costs for each Property or group of Properties with respect to the Scope of Work described In Exhibit C is contained in Exhibit D. All Parties understand that a Cost Estimate will be prepared for each Property or group of Properties end incorporated into this Oversight Agreement per Section 2.1. Such Cost Estimates shall include all labor, materials and expenses incurred by DTSC in performing the services contemplated by this Oversight Agreement and specified in the Scope of Work for such Property or group of Properties. The Parties understand that the Cost Estimates set forth in Exhibits D are estimates and cannot be relied upon as the final cost figure. The Agency agrees to pay (1) all costs incurred by DTSC and in association with preparation of this Oversight Agreement and for review of documents submitted by the Agency prior to the effective date of the Oversight Agreement; and (2) all costs incurred by DTSC In implementing and providing oversight or conducting other activities pursuant to this Oversight Agreement Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of DTSC's quarterly invoice. DTSC will notify the Agency in writing when it approaches charges of sixty-five percent (65%) of the total Cost Estimate prepared for a Property or group of Properties. The parties agree to evaluate the budget to determine if either a revised estimate or scope of work is needed at the time of the written notice or whether the Agency wishes to terminate as provided in Section 24 of the Standard Provisions. If DTSC or the Agency anticipates a change in the Scope of Work or the need for revision of the Cost Estimate, DTSC will provide a revised estimate in advance of exceeding the total cost estimate. (Paige 7 of 69) Attachment No. 2 City of National City Contract No.:11-T1032 Exhibit A - Page 6 of 19 2.7.1 In anticipation of the services to be rendered under this Oversight Agreement, the Agency will make an advance payment of $37,402 to DTSC no later than thirty (30) days after the effective date of this Oversight Agreement. If the Agency's advance payment does not cover all costs payable to DTSC under this subsection, DISC will invoice the Agency quarterly. The Agency agrees to pay the additional costs within sixty (60) days of receipt of DTSC's quarterly invoice. 2.7.2 All payments made by the Agency for activities performed for a Property or group of Properties pursuant to this Oversight Agreement will be by check made payable to the "Department of Toxic Substances Control; and bearing on its face the project code for the Property or group of Properties (See Exhibit B) and the Contract Number of this Oversight Agreement. All payments made by the Agency for DTSC activities performed pursuant to this Oversight Agreement, but not applicable to a Property or group of Properties will be by check made payable to the "Department of Toxic Substances Contror and bearing on its face the project code for this Oversight Agreement [401477 (11 WP)) and the Contract Number of this Oversight Agreement. Payments should be sent to: Department of Toxic Substances Control Accounting/Cashier 1001 I Street, 21' Floor P.O. Box 806 Sacramento, California 95812-0806 2.8 Exhibits. Standard provisions of this Oversight Agreement are contained in Exhibit E (Oversight Agreement Standard Provisions), which is attached to this Oversight Agreement. All exhibits attached to this Oversight Agreement, including Exhibit E, are incorporated into this Oversight Agreement by reference. 2.9. Effective Date. The effective date of this Oversight Agreement is the date when this Oversight Agreement is fully executed. 2.10. Representative Authority. Each undersigned representative of the Parties to this Oversight Agreement certifies that she or he is fully authorized to enter into the terms and Conditions of this Oversight Agreement and to execute and legally bind the Parties to this Oversight Agreement. 2.11. Counterparts. This Oversight Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. Tamarra Axton Chief, Contract Development Contracts &Business Management Branch Department of Toxic Substances Control Date: Date: Patricia Beard Redevelopment Manager City Community Development Commission City of National (Page 8 of 69) Attachment No. 2 City of National City Contract No.: 11 T1032 Exhibit A - Page 7 of 19 EXHIBITS A. MAP OF CITY THAT IDENTIFIES THE REDEVELOPMENT PROJECT AREA (S) WITHIN AGENCY'S JURISDICTION & PROPERTY WITHIN REDEVELOPMENT AREA 6_ PROPERTY DESCRIPTIOI4 FOR EACH INCLUDED PROPERTY C. SITE SPECIFIC SCOPE OF WORK FOR REMEDIATION OVERSIGHT SCOPE OF WORK D. SCHEDULE AND COST ESTIMATES FOR EACH INCLUDED PROPERTY OR GROUP OF PROPERTIES FOR REMEDIATION OVERSIGHT SCOPE OF WORK E. OVERSIGHT AGREEMENT STANDARD PROVISIONS F. SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC (rage 9 of 69) Attachment No. 2 City of National City Contract No.:11-T1032 Exhibit A - Page 8 of 19 EXHIBIT A REDEVELOPMENT PROJECT AREA WITHIN AGENCY'S JURISDICTION & PROPERTY WITHIN REDEVELOPMENT AREA (Page 10 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A - Page 9 of 19 EXHIBIT B PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY Property Name, Location National City Public Works Yard 2100 Hoover Avenue National City, California San Diego County Assessor's Parcel Numbers (APNs) 559 124 05, 560.396- 06, and 560-396-08. Owned by: City of National City Site Description The Site is tt "Facility - side property of the National City Public Works Yard, located in an area of National City that is known as the Westslde Neighborhood. The Public Works Yard is made up of two separate areas, designated as the -Facility-side" and the 'Park -side" properties. The Fadlity-side property consists of an approximate 4.6-acre vehicle and equipment maintenance facility that is located on the east side of Paradise Creek. Note: This table was prepared by M. Tas nif-Abbasi on 7/6/2011 Site History The City has operated a public works yard at 2100 Hoover Avenue since 1973 when it acquired the property. Prior to the dale of acquisition, the subject property was undeveloped. The City is planning to relocate its public works yard and redevelop the subject property to Include residential homes. To assess whether chemicals of concern have been released to the environment as a result of historic lend use practices, the City has completed multiple environmental studies including a Phase I Environmental Site Assessment (ESA) and Phase 11 Site Investigation (Si). In consideration of the City's intended redevelopment plans, DTSC worked with the Agency to conduct additional investigations to determine steps needed to ensure a safe development. It was determined that localized hotspot removal and a risk based approach to the City's specific 'construction plans would be considered. (Page 11 of 69) Attachment No. 2 • City of National City Contract No.: 11-T1032 Exhibit A - Page 10 of 19 EXHIBIT C REMEDIATION OVERSIGHT SCOPE OF WORK CITY OF NATIONAL CITY TOD REDEVELOPMENT PROJECT The scope of work under this Oversight Agreement may include, but not be limited to, the tasks described in this exhibit Please note that the scope of work may be modified based on Agency and Department discussions. Task 1 Properly Mitigation Plan The Agency proposes submittal of a Property Mitigation Plan (PMP) to be used as a road map for project activities, consistent with the attached Schedule, for review and approval by the Department. This Plan will include additional, recently acquired data, summarize all existing data and investigations to date, and propose an overall plan for ultimate mitigation of environmental impacts at this site. Please refer to °Attachment 1° fora listing of environmental studies and reports for this site. The Agency expects to propose a PMP on a risk -based approach that will contain sufficient data to propose remedial action objectives and clean up goals, and will include an analysis of alternative remedial measures that could be used for this Project. The Agency will propose a PMP that will include the elements necessary to support its recommendations; including, for example, a risk evaluation and dean up determination for the future residential use of the Project site relying on removal of some impacted media, engineering controls to safely isolate site users from other impacted media, land use controls to advise researchers and future site owners and users about the types and locations of any impacted media left at the Project Site; with the necessary and appropriate level of analysis for the elements of a remedial alternative evaluation (sufficient to satisfy the need for a Feasibility Study); leading to a recommendation for Remedy Selection as described in Task 6. The Property Mitigation Plan (PMP) MI describe and illustrate the nature and properties of the future site redevelopment project sufficiently to guide and inform the decisions required for Tasks 2, 3 and 4. The Agency will undertake its risk evaluation using DTSC-approved models, comparing risks al the site before and after implementation of risk mitigation measures, including soil excavation and offsite disposal, installation of engineering controls, and institutional controls: The Agency anticipates either including in the PMP or providing as separate deliverables information concerning- 1) Quality Assurance and Controls 2) Soil Management and transportation proposals 3) Site Preparation Plan, tf required 4) Environmental Substructure and Spills Contingency Plan. The Agency shall also provide a copy of the Health and Safety Plan for the Project. TASK 2. Risk Evaluation and Cleanup Level Determination. If the Agency decides to proceed with a remedy or removal action, a scoping meeting may be held to discuss how the risk evaluation and cleanup level determination will be conducted for the Property or group of Properties. If appropriate, the Agency may conduct a risk evaluation consistent with U.S. EPA Risk Assessment Guidance for Superfund (EPA/540/1-89/002) and DTSC's Supplemental Guidance for Human Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Factlties. This (Page 12 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A- Page 11 of 10 evaluation should identify the chemicals of concern and potential routes of exposure; characterize the potential risk; evaluate potential risks to environmental receptors; consider existing and contemplated uses of the Property or group of Properties; and identify site cleanup goals. if DTSC agrees, this information may be submitted in the Remedy Selection Document or Remedial Action Plan or another document combining one or more tasks contained in this agreement, The parties recognize that, depending on the site characterization and the proposed remedy or removal action, a site specific risk evaluation may not always be necessary. However, the following information must be included In the remedy selection document identification of chemicals of concern, remedial action objectives and cleanup goals and discussion of the derivation of the cleanup goals as appropriate. TASK 3. FeasibilityStudv. The objective of this task is to evaluate feasible remediation and response alternatives. If the Agency decides to proceed with the remedy or removal action, reasonable potential alternatives for the remediation of a Property or group of Properties and response to the presence of hazardous substances should be evaluated, including the "no action' alternative. Such an evaluation may be incorporated in the Remedy Selection Document, or may, if the analysis is complex, be addressed in a separate study or report. The evaluation should (a) identify the goals for the cleanup based upon current and projected future land uses; (b) evaluate feasible alternatives to meet these goals; and (c) recommend a preferred alternative. The feasibility study may be included in or combined with the Remedy Selection Document or the "Remedial Action Plan" or the "Cleanup Plan" or other document, as approved by DISC. TASK 4. Remedy Selection Document. Thepurpose of the Remedy Selection Document is to summarize results of the site characterization, risk evaluation and feasibility study and to describe the remedial action or removal plan. The remedy selection may be entitled. "Remedy Selection Document,` "Remedial Action Plan" (RAP) or "Cleanup Plan" and may include other tasks described herein. The document will address all the components The document shall address the following: (a) a description of the site, site history, site environmental setting, and contamination; (b) a summary of the risk evaluation conducted. If necessary; (c) current and contemplated land uses of the Property or group of Properties; (d) zoning and general plan designation of the Property or group of Properties; (e) the goals to be achieved by the cleanup; (f) a summary description of the feasibility study conducted; (g) a description of the recommended alternative (including any required and/or suggested lard use covenants, an operation and maintenance agreement and plan, financial assurance and other operation and maintenance requirements, as appropriate); (h) Implementation and enforcement plan if operation and maintenance requirements are identified or if a land use covenant is necessary (i) the name of the party, if not the Agency, who will be responsible for implementing and operating the final remedy, including any remedy requiring a startup operation period; and (j) an administrative record list. Within sixty (60) days of DTSC's written approval of the final RAP or Cleanup Plan, DTSC wll acknowledge, inwriting, that upon proper completion of the final RAP or Cleanup Plan, the immunity provided by Health and Safety Code section 33459,3(b) shall apply to the Agency. TASK 5. California Environmental Quality Act (CEOA). DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the (Pnge 13 et 69) Attachment No. 2 City of National City Contract No.:11-T1032 Exhibit A - Page 12 of 19 CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental document contains the information necessary for the Agency and DTSC to evaluate impacts from the proposed remediation. It is the goal of both DTSC and the Agency that the CEOA document be used by both entities in meeting their respective obligations under CEQA. lf, however, for reasons specific to the Project„ the processes cannot be efficiently combined, then DISC wall prepare its own CEQA document for the RAP or Cleanup Plan. if required, the Agency shall submit the information necessary for DTSC to prepare this document, TASK 6. iinolemontatioh of Final Pmiect Mitigation Plan (PMP) Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to proceed with implementation of a RAP or Cleanup Plan with respect to any Property or group of Properties if it determines not to do so. The Agency will provide DISC with written n0tice of the Agencys decision to either implement or not implement the Final RAP or Cleanup Plan. Upon DTSC approval of the RDiP (or RAP or Cleanup Plan, if the RAP or Cleanup Plan incorporates the RDIP) and schedule, and if the Agency decides to proceed with the remedy or removal action at a Property or group of Properties, the Agency will implement or will direcl the implementation of the approved final RAP, Cleanup Plan, or RDiP, as applicable, in accordance with the approved schedule. At the completion of field work, the Agency (or such other party conducting the remediation or other response or removal actions with respect to a Property or group of Properties) will submit a final Implementation Report discussing the work completed and noting any deviations from the approved plan, Within 80 days of the date DTSC finds that a remedial or removal action has been properly completed in accordance with the Final RAP or Cleanup Plan, DTSC will notify the Agency, in wilting, that the Immunity provided by Health and Safety Code section 33459,3, subdivision (c) is in effect. This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the satisfactory performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or that the remedy will not attain the final performance standards or cleanup goals specified in the final RAP, Cleanup Plan, or RDIP (including the implementation and enforcement of institutional controls if applicable), DTSC will, as soon as administratively feasible, notify the Agency. TASK 7. Changes During Implementation of the Final RAP or Cleanup Plan. if during implem 'ntation of the final RAP, Cleanup Plan and/or RDIP, DTSC determines that additions, modifications or r visions to such document may be necessary to protect human health and safety or the environment or tb implement the final RAP, Cleanup Plan and/or RDIP, DTSC will, as soon as administratively feasible notify the Agency and the parties will dettermine the appropriaterevisions to such document; provided, however, and subject to the provisions of Sections 6 and 23 of the Standard Provisions concerning endangerment during implementation, nothing herein wilt require the Agency to continue to proceed with the implementation of the modified RAP, Cleanup Plan or RDIP with respect to a Property or group of Properties if it determines not to do so. The Agency and DTSC shall identify contact personnel so that any necessary changes during implementation that may be required as a result of field conditions can be resolved, If possible, through telephone communications or on -site meetings in order to achieve 'real-time° decision making and avoid construction delays. The accelerated approach set forth in the PMP requires rapid decision making based on field data and analysis. TASK B. Public Participation. (a) The Agency and DISC will conduct appropriate .public participation activities given the nature of (Page 19 of 69) Attachment No. 2 City of National City Contract No.:11:T1032 Exhibit A - Page 13 of 19 the community surrounding the Property or group of Properties and the level of community interest. The Agency will work cooperatively with DiSC to ensure that the affected and interested public and cormunity are involved in the decision -making process applicable to the clean-up of the Property or group of Properties, taking into account the Agency's existing public participation capabilities and procedures. DTSC and the Agency will strive to integrate the public participation activities associated with the RAP or Cleanup Plan with the public participation activities associated with the development of the Properties or group of Properties to the maximum extent possible. (b) A scoping meeting may be held to determine the approp date activities that wit be conducted to address public participation. If necessary, the Agency will then prepare a public participation plan for the Property or group of Properties that describes the proximity of homes and/or schools, daycare facilities, churches, and similar uses; the current and proposed land uses within and adjacent to the Property or group of Properties; media interest; and involvement of community groups and elected officials. The plan shall also include a mailing list, identify appropriate information repositories, and specify the public participation activities that the Agency will undertake to provide opportunities for public involvement in she -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are necessary, as well as their content, distribution and circulation, and whether a public meeting is appropriate depending on the circumstances and the nature of the remedial or removal action, as well as any other public participation procedures. More specifically, the Agency shall collaborate with DTSC to consider undertake the following public participation activities to ensure active public participation in the Project: A. Assessment of Community Interest. The Project is of high public interest to the community. Creation of additional affordable housing uses and removal of blighting conditions are a key component of the Redevelopment Plan for this portion of National City. B. Participation of Other Stakeholders. The Project was initiated by the Agency, relying on Its authority under the Potence Redevelopment Act and the Community Redevelopment Lewd the Health and Safety Code. Ultimately, the Project will require approval at various levels of municipal government, and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as described herein. C. Approval of Proiect Activities. Approval of Project activities has been and continues to be taken by the Agency's Board of Commissioners, a seven -member body created under provisions of the California Community Redevelopment. Law. Agendas for meetings of the Commission are published in advance and actions are taken in public session. Most actions of the Agency a e also reviewed and approved by the full City Council, and the Mayor. jI D. Assionment of Agency Community Affairs •Specialist, Public outreach for activities to be undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary with DISC and be responsible for liaison with appointed and elected citizen participation groups and dissemination of information to adjoining property owners, businesses, and tenants. The Agency will coordinate with DTSC on public relations activities as necessary. E. Preparation and Distribution of Fact Sheet. The Agency shall prepare a Fact Sheet on the environmental conditions found at the site, and the cleanup activities proposed to be undertaken under the PMP, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC contact persons who can provide additional information on the cleanup activities proposed, and will identify how interested parties can provide public comment on the proposed cleanup activities. The Fact Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement. F. Document Depository. The Agency shall establish and maintain a public depository of the PEA and the PMP and its supporting Implementation plans for review by the public, and shall include notice of (Page 15 of 69) Attachment No. 2 City of National City Contract No,: 11-T1032 Exhibit A - Page 14 of 19 the availability of the depository in the Fact Sheet and any public notices on cleanup plan activities. Project documents will also be maintained on the Agency's web site. G. Notices of Protect Activities, The Agency shall provide notices of Project activities at key points in the implementation of the PMP and its assodated redevelopment project: 1. Thirty days prior to start of physical activities at the site (additional environment investigation and clean up activities asset forth in the PMP) 2. During cleanup activities, it material changes in scope or duration occur after the original • notices. 3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further Action Letter. Information notices will be distributed as follows: 1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official advisory body for redevelopment activities. It consists of appointed community residents and business representatives. 2. Neighborhood Council, as needed 3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of persons expressing interest in being kept informed of Agency activities and will mail or email the notices of Project activities to each person on the list. 4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail notices 10 all owners of record, and will hand -deliver notices to each business and tenant, with 500 feet of the Project site. 5. Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a sign on the Project site, noticing the activity and providing contact information. H. Additional Proiect Meetings. as. Needed. Depending on community reaction and comment to the Project activities listed above, additional meetings may be convened to provide opportunities for additional input into the cleanup activities proposed for the Project. TASK g. Land Use Covenant. If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final RAP or Cleanup Pian will contain a requirement for a land use covenant imposing appropriate limitations on land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that ere determined by DTSC as not suitable for unrestricted use of the land. If DISC determines a land use covenant Is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DISC. The land use covenant must be recorded in the County where the land is located prior to OTSC's determination that a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties. TASK 10. Operation and Maintenance (O&M). The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M) requirements or other institutional control measures, in accordance with the final RAP or Cleanup Plan (if needed). The Agency shall designate in the final RAP or Cleanup Plan the parties that will enter into an (Page 16 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A - Page 15 of 19 O&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to certification of the Properly or group of Properties. Compliance with any applicable O&M Agreement, and any lam(. ;: ,c covenant or other Institutional control measures, must be included as a requirement for any ?��+v v:murllessee in a purchase and sale agreement for the Property or group of Properties. Any party that is responsible for O&M shall notify DiSC of any transfer of operation and maintenance responsibilities al least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a new O&M Agreement. EXHIBIT E• OVEIISIGHT AGREEMENT STANDARD PROVISIONS 1. The Standard Provisions in this Exhibit E are incorporated by reference into and area part of the Oversight Agreement. The Standard Provisions have been placed in this Exhibit E for reasons of administrative efficiency. 2. Payment Provisions. Subject to Section 2.7 of the Oversight Agreement, if any bill is nol paid by the Agency within sixty (80) days after it is sent by DiSC, the Agency may be deemed to be in material default of this Oversight Agreement. If the advance payment submitted under Section 2.7.1 of this Oversight Agreement exceeds DTSC's actual costs for Oversight Agreement preparation, consultation, review, approval, oversight and other activities conducted under this Oversight Agreement, DTSC will provide an accounting for expenses and refund the difference within one hundred -twenty (120) days after termination of this Oversight Agreement in accordance with Section 24 of this Exhibit. In no other case will the Agency be entitled to a refund from DTSC or to assert a claim against DTSC for any amount paid or expended under this Oversight Agreement. 3. Billing Dispute Resolution. )(the Agency disputes a DTSC billing, or any part of a DTSC billing, the Agency will notify DTSC's designated Oversight Agreement Manager and attempt to informally resolve the dispute. if the Agency desires to formally request dispute resolution with regard to the billing, the Agency will file a request for dispute resolution in writing within 45 days of the dale of receiving the bill in dispute. The written request will describe all Issues in dispute and will set forth the reasons for the dispute, both factual and legal. The Agency will send the written request to: Special Assistant for Cost Recovery and Reimbursement Policy Department of Toxic Substances Control P.O. Box 806 Sacramento, CA 9581.2-0806 The Agency will also send a ebpy of the written request for dispute resolution to the person designated In subsection 2.5.1 of this {avers ght Agreement to receive submittals. A decision on the billing dispute will be rendered by the person des gnated above or other DTSC designee. The existence of a dispute shall not excuse, stay or suspend any other compliance obligation or deadline required pursuant to this Oversight Agreement. 4: Communications. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to the Agency in writing by DTSC's Oversight Agreement Manager or his/her designee. No informal advice, guidance, or suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Agency shall be construed to relieve the Agency of the obligation to obtain such written approvals. 5. Endangerment During implementation.. In the event DTSC detemllnes that any activity or operations caused by or on behalf of the Agencyor its agents (whether or not pursued in compliance with this Oversight Agreement) may pose an imminent or substantial endangerment to the health and safety of people on any Property or group of Properties or in the surrounding area or to the environment: i) the (Page 17 of 69) Attachment No. 2 City of National City Contract No.: 11 T1032 Exhibit A - Page 16 of 19 Agency will take the necessary actions to abate the endangerment it created for such period of time as may be needed to abate the endangerment or ii) if DTSC determines .that conditions require DTSC to exercise its authority to abate the endangerment, the Agency may stop further implementation of this 'l 'ersight Agreement as it applies to a Property or group of Properties. However, if the Agency stops implementation, the Agency must meet the conditions under Section 12 of this Exhibit (Notification of Environmental Condition) and, if necessary, must revise the applicable Scope of Work and meet the stop - work conditions as provided in Section 23 of this Exhibit (Amendments). If DTSC determines that an endangerment is the result of Agency actions that have causerd a release of hazardous substances or substantially worsened the endangerment, the Agency will take those reasonable steps DTSC determines are necessary to mitigate the condition that the Agency caused or substantially worsened and to secure the Property or group of Properties in order to avoid endangerment to the community, These steps may include installing a protective cover, constructing fencing and signage or other appropriate means to protect public health and the environment. The Agency will not be compelled to fully assess or mitigate a release of hazardous substances if DTSC determines that the Agency did not cause or substantially worsen the release. 6. Condition Precedent. It is expressly understood and agreed that DTSC's receipt of the advance payment described in subsection 2.7.1 of this Oversight Agreement is a condition precedent to any obligation of DTSC to provide consultation, oversight, review and/or comment on documents or to provide any work or perform any activity pursuant to this Oversight Agreement 7. Record Retention. DTSC will retain all cost records associated with the work performed under this Oversight Agreement for such time periods as may be required by applicable stale law. The Agency may request to inspect all documents that support DTSC's cost determination in accordance with the Public Records Act, Govemment Code section 6250 et seq. 8. Project Coordinator; The work performed for each Property or group of Properties pursuant to this Oversight Agreement wHJ be under the direction and supervision of a qualified Project Coordinator, with expertise in hazardous substance and hazardous waste site cleanup. For each Properly or group of Properties, the Agency will submit. a) the name and address of the Project Coordinator; and b) in order to demonstrate expertise In hazardous substance and hazardous waste site cleanup, the resume of the Project Coordinator. The Agency will promptly notify DTSC of any change in the identity of the Project Coordinator. All engineering and geological work shall be conducted in conformance with applicable state law; including but not limited to, Business and Professions Code sections 6735 and 7835. 9. Access. if DTSC determines access is necessary in order to perform any of the tasks contained in Exhibit C (Technical Consultation) or Exhibit D (Remediation Oversight), the /tgency will exercise its best efforts to provide access for DTSC and its representativ to the Property it group of Properties subject to this Oversight Agreement for which access is need_ In the event that such access Is not provided, it is understood that the implementation of tasks identified in this agreement for the Property or group of Properties for which access cannot be obtained may not proceed. The Agency will also exercise its best efforts to provide access for DTSC and its representatives access and/or obtain access to any area beyond the boundaries of the Property or group of Properties subject 10 this Oversight Agreement to which access is necessary to implement this Oversight Agreement. To the extent such access is obtained by the Agency, such access will be provided to DTSC's employees, contractors, and consultants at all reasonable limes. Nothing in this section is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of any law. To the extent such access can be legally obtained by DTSC or the Agency, DTSC and its authorized representatives shag have the authority to enter and move freely about all of the property al each Property or group of Properties at all reasonable times for purposes including, but not limited to: inspecting records and operating logs, sampling activities, administering any other aspects of this Oversight Agreement relating to the Property or group or Properties, reviewing the progress of the Agency in carrying out the terms of this Oversight Agreement, conducting such tests as DTSC may determine are necessary, and verifying the data submitted to DTSC by the Agency. (Page 18 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A - Page 17 of 19 10. Sampling, Data and Document Availability. The Agencywill submit to DTSC a listing of all known reports in its possession, including sample analysis results, environmental assessment reports, and any other information in its possession pertinent to the hazardous substance and hazardous waste m-r'gement and/or release, characterization and cleanup Oa Property or group of Properties. The Agency will provide copies of any non -privileged reports or information requested by DTSC and will identify privileged or other confidential documents that the Agency is not providing. The Agency wMi also inform DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous substance end hazardous waste management and/or release, characterization and cleanup of a Property or group of Properties, including the name of the document (tf known) and the identity and address of the person/entity with possession of the document (if known). 11. Notification of Field Activities. The Agency will inform DISC at least seven (7) days in advance of all field activities which the Agency undertakes, including activities the Agency directs a third party to undertake, pursuant to this Oversight Agreement at each Properly or group of Properties and will allow DTSC and its authorized representatives to take duplicates of any samples collected by the Agency pursuant to this Oversight Agreement. 12. Notification of Environmental Condition. The Agency shall notify DTSC's Agreement Manager immediately upon learning of any condition posing an immediate threat to public health or safety or the environment. Within seven (7) days of the Agency's discovery of such a condition, the Agency shall submit a brief report to DTSC, setting forth the events that occurred and the measures taken, if any, in response 10 those events. 13. Preservation of Documentation. The Agency will maintain a central repository of the data, reports, other documents that it prepares pursuant to this Oversight Agreement and other documents relevant to the activities conducted under this Oversight Agreement. All such data, reports and other documents regarding a specific Property or group of Properties wilt be preserved by the Agency for a minimum of six (6) years after the conclusion of all activities carried out under this Oversight Agreement with respect to that Property or group of Properties, If DTSC requests thatsome or all of these documents be preserved fora longer period of time, the Agency will either: (i) comply with that request, (ii) deliver the documents to DTSC, or (ili) permit DTSC to copy the documents prior to destruction. Following the expiration of the six -year minimum retention period for documents regarding a Property or group of Properties, the Agency will notify DTSC in writing at least ninety (90) days before destroying any documents prepared pursuant to this Oversight Agreement with respect to that Property or group of Properties. If any litigation, claim, negotiation, audit or other action involving the records has bean started before the expiration of the six year period with respect to a Property or group of Properties, the related records will be retained until the completion and resolution of ail issues arising from that action or until the end of the six -year period, whichever is later. 14. Time Periods. Unless otherwise specified, time periods begin from the date this Oversight Agreement is fully executed, and "days" means calendar days. "business days" means all calendar days that are riot weekends or official State holidays. 15. Agency liabilities. This Oversight Agreement shall not be construed in any manner as an admission by the Agency of any fact or liability of any kind, nor shall this Oversight Agreement be considered or interpreted as an admission or an assumption by the Agency of any liability or acknowledgment of liability or responsibility for the investigation or assessment of, response or remediation to any environmental condition on any Property or group of Properties or the costs of such activities, for which the Agency is not otherwise liable or responsible. Nothing In this Oversight Agreement shall constitute or be considered a satisfaction or release from liability for any condition or claim arising as a result of Agency's past, current, or future operations. Nothing in this Oversight Agreement is intended or shall be construed to limit the rights of any of the Parties with respect to claims arising out of or relating to the release, discharge, deposit or disposal of hazardous substances or hazardous wastes at the Property or group of Properties or at any other location, if such hazardous (rage 19 of 69) Attachment No. 2 • City of National City Contract No.: 11-T1032 Exhibit A - Page 18 of 19 substances or hazardouswastes are removed from a Property or group of Properties. State GovernmentLiabflities. The State of California (State) shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by the Agency or its directors, officers, employees, agents, representatives, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this Oversight Agreement. Neither DTSC nor the State may be deemed to be a party to any contract entered into by the Agency or its directors; officers, employees, agents, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this Oversight Agreement. 17. Third Party Actions. In the event that the Agency is a party to any suit or claim for damages or contribution to which DTSC is not a party, relating to a Property or group of Properties subject to this Agreement, the Agency will notify DTSC in writing within len (10) days after service of the complaint in the third -party action: However, failure to give such notice within 10 days will not be a material breach of this agreement, and this requirement confers no rights on any third parties not patty to this Agreement. 18. Reservation of Rights. DISC and the Agency each reserve the following rights. a. DTSC reserves its right topursue cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, California Health and Safety Code sections 25201.9, 25343, 25360, 33+459.3, subdivision (m) and any other law. The Agency reserves its rights to pursue cost recovery under the California Health and Safety Code section 33459- 33459.8 (Polanco Act) and any other applicable section of the law. b. Nothing in this Oversight Agreement is intended or shall be construed to limit, preclude or affect the authority of DISC to pursue any legal, equitable or administrative remedies pursuant to state or federal law or to tate any action authorized by law or equity to protect public health and safetyor the environment and recovering the costs thereof, including DTSC's authority to take action, or require other persons to take action, under chapter 6.5 or chapter 6.8 of division 20 of the Health and Safety Code or under the Polanco Act and to recover DTSC's costs for those actions. c. Nothing in this Oversight Agreement shall constitute or be construed as a waiver, defense to, or limitation on of the Agency's rights (including any covenant not to sue or release), with respect to any claim, cause of action, or demand in law or equity that the Agency may have against any person, as defined in section 101(21) of CERCLA, or Health and Safety Code section 25319, who is not a signatory to this Oversight Agreement. 19. Compliance with Applicable Laws. Nithing in this Oversight Agreement relieves the Agency from complying with all applicable laws and regulations, and the Agency will conform to all actions required by this Oversight Agreement to all applicable federal, slate and local laws and regulations. 20. California Law. This Oversight Agreement shall be governed, performed and interpreted under the taws of the State of California. 21. Parties Bound. This Oversight Agreement applies to and is binding, Jointly and severally, upon each signatory and upon any successor agency of either the Agency or the State of California that may have responsibility for and jurisdiction over the subject matter of this Oversight Agreement. No change in the ownership or corporate or business status of a Property or group of Properties or any owner of a Property or group of Properties shall alter any signatory's responsibilities under this Oversight Agreement. 22. Severability. If any portion of this Oversight Agreement is ultimately determined not to be enforceable, that portion will be severed from the Oversight Agreement and the severability shall not affect the enforceability of the remaining terms of the Oversight Agreement. (Page 20 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit A - Page 19 of 19 23. Amendments. Except as otherwise specified in this section and in section 2.2 of this Oversight Agreement, this Oversight Agreement may be amended as specified in this section to withdraw any P.,:per:y or group of Properties from this Oversight Agreement. The Agency may withdraw a Property or qr- un of Properties from this Oversight Agreement by giving written notice to DTSC that the Agency will stop work on that Property or group of Properties within the next thirty (30) days. DTSC may withdraw a Property or group of Properties by giving written notice to the Agency that DTSC will stop work on that Properly or group of Properties within the next thirty (30) days. The effective date of withdrawal is the end of the 30 day notice period. Prior to stopping work on a Property or group of Properties, the Agency must ensure that the Property or group of Properties will pose no greater public health or environmental risk than it posed prior to the Agency's activities on the Property or group of Properties. in the event that the Agency withdraws a Property or group of Properties from this Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of withdrawal. The Scope of Work maybe amended by mutual written agreement of the parties. Such amendments or modifications are effective on the third business day foliowing the day the last Party signing the amendment or modification sends its notification of signing to the other Party. The Parties may agree to a different effective date. An amendment to incorporate a Property or group of Properties Into this Oversight Agreement and to incorporate by reference site -specific Exhibits for that Property or group of Properties shall be made as specified in subsections 2.1, 2.2, and 2.3 of this Oversight Agreement. 24. Termination for Convenience. Except as otherwise provided in this Section, each Party to this Oversight Agreement reserves the right to unilaterally terminate this Oversight Agreement for any reason. Termination requires that either Party give a thirty (30) day advance written notice of the election to terminate this Oversight Agreement to the other Party. Prior to termination the Agency must ensure that the Property or group of Properties will pose no greater public health or environmental risk as a result of the Agency activities than it posed prior to the Agency's activities at the Property or group of Properties. In the event that this Oversight Agreement is terminated under this section and subject to Section 2.7 of the Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of termination_ EXHIBIT F SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WiTH DiSC Resolution authorizing the [Authorized Official] to Execute Contracts with the California Department of Toxic Substances Control WHEREAS, the [Name of Agency] determines and declares that it may enter into agreements with State agencies for [Year], and WHEREAS, [Name of Agency] may take any actions that [Name off gency] determines are n essary and that are consistent with stale and federal laws to remedy or re ove a release of hazardo substances on, under, or from a property located in a Redeyetopmeht Project Area if certain conditions are met. THEREFORE, BE IT RESOLVED BY THE [name of legislative body] that the [authorized Agency official] is hereby authorized to enter into and execute contracts for the [Name of Agency], with the California Department of Toxic Substances Control, subject to all conditions. I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution introduced and passed at a noticed meeting of the [name of Agency] held on (date). Signed: Title of Authorized Official, the Agency will be responsible for DTSC costs through the effective date of termination, Date: (Page 31 of 69) Attachment No. 2 City of National City Contract. No.: 11-T1032 Exhibit 8 - Page 1 of 2 EXHIBIT B (Reimbursement Contract) BUDGET DETAIL AND PAYMENT PROVISIONS: A. Applicant agrees to advance to DTSC an amount of money based upon DTSC's estimate of the costs it may incur in performing its duties under this Contract The amount of the advance is based upon DTSC's Posts of services for six months, or for the entire anjount of the+Contract, if less than six months. The cost estimate is attached and incorporated by this reference and is included as the Budget for this Contract. B. DTSC's cost estimate; shall include all of its costs, both direct and indirect. The hourly rates utilized in the development of any cost estimate shalt reflect DTSC's current hourly rates. These hourly rates are updated as needed to allow DTSC to recover its costs. Applicant is responsible for any increases in the direct and indirect rates and agrees to reimburse DTSC for these cost increases. The Applicant agrees to reimburse DTSC for all costs incurred by DTSC. C. Upon execution of this Contract, Applicant shall remit to DTSC an amount not less than $37,492.00 as advance funding for work to be performed by DTSC. The total amount of this Contract is $74,984.00. Applicant shall submit all payments to: Department of Toxic Substances Control Accounting 1001 I Street; 25th Floor P.O. Box 806 Sacramento, California 95812-0806 Attention: Ms. Tsing Maybe! Zhan D. Copies of checks and letters transmitting such checks shall be sent simultaneously to DTSC's project coordinator. Alt payments to DTSC shall indicate City of National City Community Development Commission, Site Code 401294 (11 WP). E. to th event the advance payment is less then 100%, it shall be retained in the Apprcant's Account. DTSC shall bill the Applicant quarterly for actual costs incurred. The Applicant shall remit the total amount true within thirty (30) days of the date of the quarterly invoice. DTSC shall hold the advance payment until the Contract is completed or terminated: Any remaining charges shall then be applied against the advance, and any unused advance payment will be refunded within 120 days of the completion of the project. F. if the Applicant cancels the Contract, Applicant agrees to pay DTSC a minimum fee of $1,000.00 out of the advance, regardless of the amount of work or services performed by DTSC under the terms of the Contract. If DTSC incurs more than $1,000.00, Applicant will be responsible for the actual direct and Indirect.. costs incurred or encumbered by DTSC up to the date "notice of cancellation' is received by DTSC, without any additional fee. G. The amount advanced by Applicant may be modified by mutual Contract in writing should the services provided by DTSC exceed its original estimated costs. Upon execution of an amendmentto the Scope of Work which increases the original cost, applicant agrees to pay any additional advance payment to DTSC for such newly agreed upon work. (Page 22 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit B - Page 2 of 2 EXIIBIT B (Reimbursement Contract) BUDGET DETAIL AND PAYMENT PROVISIONS CONTINUED: H. Any dispute concerning DTSC's costs Incurred pursuant to this -Contract is subject to the dispute resolution procedures as established pu uant to Health and Safety Code section 25269.2. DTSC reserves its right to recover unpaid costs under applicable State and Federal taws. EXHIBIT OVERSIGHT AGREEMENT COST ESTIMATE Title COST ESTIMATE WORKSHEET Environmental Oversight Agreement Date: August 2011 Project Name:National City Public Works Yard TOD Development Site Code: 401477 (11 WP) Project YCP Coord. Manager Toxico isl Geologl 8 a $151 S1.208 $6:817 $74,984 24 16 8 16 24 40 16 8 12 164 $151 824,764 24 6 24 8 72 $170 S12.816 8 a 32 24 Public Ho Partici.ation CEOA L I Clerical 4D 40 72 $207 $14,904 40 $129 $4.920 40 $129 $5,160 16 24 $180 $4.320 1 $76 $76 Note: Schedule to be determinedbased on discussion between the Mencv and DTSC at the first nroiect team meeting at81 No. Hours:Pest Hourly RateIClaes Cost/Class Gontinaema 11D% Grin! Total Cost Advance Payment, $97,492 (Page 23 of 69) Attachment No. 2 City of National City Contract No.: 11-T1032 Exhibit D - Page 1 of 1 EXHIBIT D (Reimbursement Contract) A. SPECIAL TERMS AND CONDITIONS B. Nothing in this Contract shall limit the'types, classifications or number of staff who may perform work pursuant to this Contract and for whom DTSC may bill Applicant, subject to the provisions as set forth in Exhibit B. 8. DTSC or Applicant may terminate this Contract without cause upon giving the other party 30-day advance written notice. DTSC shall not be liable for any loss or damages sustained by Applicant as a result of the termination of this Contract. C. This Contract shall not be considered effective until It is signed by both parties, and If necessary, approved by the Department of General Services. (Page 24 of 69) Attachment No. 2 EXHIBITS A. MAP OF CITY THAT IDENTIFIES THE REDEVELOPMENT PROJECT AREA (S) WITHIN AGENCY'S JURISDICTION & PROPERTY WITHIN. REDEVELOPMENT AREA B. PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY C. SITE SPECIFIC SCOPE OF WORK FOR REMEDIATION OVERSIGHT SCOPE OF WORK D. SCHEDULE AND COST ESTIMATES FOR EACH INCLUDED PROPERTY OR GROUP OF PROPERTIES FOR REMEDIATION OVERSIGHT SCOPE OF WORK E. OVERSIGHT AGREEMENT STANDARD PROVISIONS F. SAMPLE RESOLUTION AUTHORIZING AGENCY TO CONTRACT WITH DTSC Attachment No. o z z - )- 1- 0 Ut oc z a. 0 1- ▪ < reILI z ,4e ▪ W 2 co 0_ ▪ a 0 3 d = > Vej a ix re c.) w ce a. a. 0 !LI it! Ut re (Page 26 of 69) Attachment No. 2 EXHIBIT B PROPERTY DESCRIPTION FOR EACH INCLUDED PROPERTY Properly Name, Location Site Description Site History , e ,f a,• e' National City The Site is the"Facithy- The City has operated a public f 3 r. _is ". Public Works Yard side' property of the Works yard at 2100 Hoover �4+ k"t, 3: 2100 Hoover Avenue National City Public Avenue since 1973 when it t° :;:, y,- • ` National City, California Works Yard, located in acquired the property. Prior to _4% San Diego County . an area of National City the date of acquisition, the a .t i"ja Assessor's Parcel Numbers that is known as the subject property was it , 't,k APNs) 569 124 05, 560.396- Westside Neighborhood. undeveloped. The City is ;?' s. 06, and 560-395-08. The Public Works Yard planning to relocate its public ; +,:• Owned by: is made up of two works yard and redevelop tha _ t3 `" " -; City of National City separate areas, designated as the "facility -side' and the subject property to include residential homes. To assess whether chemicals of concern .,' , ; G'y; 'Park side' properties. The Facility -side have been released to the environment as a result of _ property consists of an historic land use prat ices, the • approximate 4 6-acre vehicle and equipment City has completed multiple environmental studies including q{ ,,._� maintenanoe facility that a Phase 1 Environmental Site • is located on the east Assessment (ESA) and Phase .,: side of Paradise Creek. II Site Investigation (SI). In consideration of (he Citys intended redevelopment plans , vb `;'_ f DISC worked with the Agency to conduct additional investigations to determine steps needed to ensure a safe development. It was determined that localized hotspot removal and a risk based approach to the C' s specific construction plans would be considered. . •, t " : -' • '' - ' ,, 7 r'= ,:. -" �' , " v 's"y z!: , '` ^' Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011 (Page 27 of 69) Attachment No. 2 EXHIBIT C REMEDIATION OVERSIGHT SCOPE OF WORK CITY OF NATIONAL CiTY COMMUNITY DEVELOPMENT COMMISSION TOD REDEVELOPMENT PROJECT The scope of work under this Oversight Agreement may fnciude, but not be limited to, the tasks described In this exhibit. Please note that the scope of Work may be modifier/ based on Agency and Department discussions. Task 1 Property Mitigation Plan The Agency proposes submittal of a Properly Mitigation Plan (PMP) to be used as a road map For project activities, consistent with the attached Schedule, for review and approval by the Department. This Plan will include additional, recently acquired data, summarize all existing data and investigations to date, and propose an overall plan for ultimate mitigation of environmental impacts at this site. Please refer to "Attachment 1" for a listing of environmental studies and reports for this site. The Agency expects to propose a PMP on a risk -based approach that will contain sufficient data to propose remedial action objectives and clean up goals, and will include an analysis of alternative remedial measures that could be used for this Project. The Agency will propose a PMP that will include the elements necessary to support its recommendations; including, for example, a risk evaluation and clean up determination for the future residential use of the Project site relying on removal of some impacted media, engineering controls to safely isolate site users from other impacted media, land use controls to advise researchers and future site owners and users about the types and locations of any impacted media left at the Project Site; with the necessary and appropriate level of analysis for the elements of a remedial alternative evaluation (sufficient to satisfy the need for a Feasibility Study); leading to a recommendation for Remedy Selection as described in Task 6_ The Property Mitigation Plan (PMP) will describe and illustrate the nature and properties of the future site redevelopment project sufficiently to guide and inform the decisions required for Tasks 2, 3 and 4. The Agency will undertake its risk evaluation using DTSC-approved models, comparing risks at the site before and after implementation of risk mitigation measures, including soil excavation and offsite disposal, Installation of engineering controls, and institutional controls. The Agency anticipates either including inithe PMP or providing as separate deliverables information 1) quality Assurance and Controls - 2) Soil Management and transportation proposals 3) Site Preparation Plan, if required 4) Environmental Substructure and Spills Contingency Plan. The Agency shall also provide a copy of the Health and•.Safety Plan for the Project. TASK 2. Risk Evaluation and Cleanup Level Determination. If the Agency decides to proceed with a remedy or removal action, a soaping meeting may be held to discuss how the risk evaluation and cleanup level determination will be conducted for the Property or group of Properties. If appropriate, the Agency may Conduct a risk evaluation consistent with U. S. EPA Risk Assessment Guidance for Supetfund (EPA/540/1-89/002) and DTSC's Supplemental Guidance for concerning: (Page 28 of 69) Attachment No. 2 Human Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Facilities. This evaluation should identify the chemicals of concern and potential routes of exposure; characterize the potential ris,c; evaluate potential risks to environmental receptors; consider existing and contemplated :.°ses of tho Property or group of Properties; and identify site cleanup goals. if DTSC agrees, this information may be submitted in the Remedy Selection Document or Remedial Action Plan or another document combining one or more tasks contained in this agreement_ The parties recognize that, depending on the site characterization and the proposed remedy or removal action, a site specific risk evaluation may not always be necessary. However, the following information must be included in the remedy selection document identification of chemicals of concern, remedial action objecti I es and cleanup goals and discussion of the derivation of the cleanup goals as appropriate. TASK 3. Feasibility Studv. The objective of this task is to evaluate feasible remediation and response alternatives. If the Agency decides to proceed with the remedy or removal action, reasonable potential alternatives for the remediation of a Property or group of Properties and response to the presence of hazardous substances should be evaluated, including the "no action" alternative. Such an evaluation may be incorporated in the Remedy Selection Document, or may, if the analysis is complex, be addressed in a separate study or report. The evaluation should (a) identify the goals for the cleanup based upon current and projected future land uses; (b) evaluate feasible alternatives to meet these goals; and (c) recommend a preferred alternative. The feasibility study may be included in or combined with the Remedy Selection Document or the "Remedial Action Plan" or the "Cleanup Plan" or outer document, as approved by DTSC, TASK 4. Remedy Selection Document. The purpose of the Remedy Selection Document is to summarize results of the site characterization, risk evaluation and feasibility study and to describe the remedial action or removal plan. The remedy selection may be entitled "Remedy Selection Document" °Remedial Action Plan" (RAP) or "Cleanup Plan" and may include other tasks described herein. The document will address all the components Thedocument shall address the following: (a) {b) (c) (d) (e) (f) (9) (h) (i) (i) a description of the site, site history, site environmental setting, and contamination; a summary of the risk evaluation conducted, if necessary; current and contemplated land uses of the Property or group of Properties; zoning and general plan designation of the Property or group of Properties; the goals to be achieved by the cleanup; a summary description of the feasibility study conducted; a description of the recommended alternative (including any required and/or suggested land use covenants, an operation and maintenance agreement and plan, financial assurance and other operation and maintenance requirements, as appropriate); implementation and enforcement plan if operation and maintenance requirements are identified or if a land use covenant is necessary; the name of the party, if not the Agency, who will be responsible for implementing and operating the final remedy, including any remedy requiring a startup operation period; and an administrative racord list. Within sixty (60) days of DTSC's written approval of the final RAP or Cleanup Plan, DTSC will acknowledge, in writing, that upon proper completion of the final RAP or Cleanup Plan, the immunity provided by Health and Safety Code section 334593(b) shall apply to the Agency. TASK 5. California Envlronmstal Quality Act (CEQA). DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the (Page 29 of 69) Attachment No. 2 necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental aos,un,�rrt contains the information necessary for the Agency and DTSC to evaluate impacts from the remediation. It is the goal of both DTSC and the Agency that the CEQA document be used by both entities in meeting their respective obligations under CEQA. If; however, for reasons specific to the Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document for the RAP or Cleanup Plan. If required, the Agency shall submit the information necessary for DTSC to prepare this document. TASK 6. implementation of Final Project Mitigation Plan (PMP) • Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to proceed with implementation of a RAP or Cleanup Plan with respect to any Property Of group of Properties if it determines not to do so. The Agency will provide DTSC with written notice of the Agency's decision to either implement or not Implement the Final RAP or Cleanup Plan. Upon DTSC approval of the RDIP (or RAP or Cleanup Plan, if the RAP or Cleanup Plan incorporates the RDIP) and schedule, and if the Agency decides to proceed with the remedy or removal action at a Property or group of Properties, the Agency will implement or will direct the implementation of the approved final RAP, Cleanup Plan, or RDIP, as applicable, in accordance with the approved schedule. At the completion of field work, the Agency (or such other party conducting the remedlation or other response or removal actions with respect to a Property or group of Properties) will submit a final Implementation Report discussing the work completed and noting any deviations from the approved plan. Within 60 days of the date DTSC finds that a remedial or removal action has been properly completed in accordance with the Final RAP or Cleanup Plan, DTSC will notify the Agency, in writing, that the immunity provided by Health and Safety Code section 33459.3, Subdivision (c) is in effect. This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the immunity provided by fteatth and Safety Code section 33459.3(e) shall be expressly conditioned upon the satisfactory performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that DTSC finds that the remedy is not functioning properly and successfully, and performing as designed, or that the remedy will not attain the final performance standards or cleanup goals specified in the final RAP, Cleanup Plan, or RDIP (including the implementation and enforcement of institutional controls if applicable), DTSC will, as soon as administratively feasible, notify the Agency. TASK 7. Chances During Implementation of the Final RAP or Cleanup Plan. If during1implementation of the final RAP, Cleanup Plan and/or RDIP, DTSC determines that additions, modifications or revisions to such document may be necessary to protect human health and safety or the environment or to implement the final RAP, Cleanup Plan and/or RDIP, DTSC will, as soon as administratively feasible, notify the Agency and the parties will determine the appropriate revisions to such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard Provisions concerning endangerment during Implementation, nothing herein will require the Agency to continue to proceed with the implementation of the modified RAP, Cleanup Plan or RDIP with respect to a Property or group of Properties if it determines not to do so. The Agency and DTSC shall identify contact personnel so that any necessary changes during implementation that may be required as a result of field conditions can be resolved, if possible, through telephone communications or on -site meetings in order to achieve "real-time" decision making and avoid construction delays. The accelerated approach set forth in the PMP requires rapid decision making based on field data and analysis. TASK 8. Public Participation. (Page 30 of. 69) Attachment No. 2 (a) The Agency and DTSC will conduct appropriate public participation activities given the nature of thecommunity surrounding the Property or group of Properties and the level of community interest. The Age-,cy wall work cooperatively with DTSC to ensure that the affected and interested public and c: .nunity are involved in the decision -making process applicable to the clean-up of the Property or group of Properties, taking into account the Agency's existing public participation capabilities and. procedures. DTSC and the Agency will strive to integrate the public participation activities associated with the RAP or Cleanup Plan -with the public participation activities associated with the development of the Properties or group of Properties to the maximum extent possible. (b) A scoping meeting may be held to determine the;appropriate activities that will be conducted to address public participation. It necessary, the Agency will then prepare a public participation plan for the Property or group of Properties that describes the proximity of homes and/or schools, day care facilities, churches, and similar uses; the current and proposed land uses within and adjacent to the Property or group of Properties; media interest; and involvement of community groups and elected officials. The plan shall also include a mailing list, identify appropriate information repositories, and specify the public participation activities that the Agency will undertake to provide opportunities for public involvement in site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are necessary, as well as their content, distribution and circulation, and whether a public meeting is appropriate depending on the circumstances and the nature of the remedial or removal action, as well as any other public participation procedures. More specifically, the Agency shall collaborate with DTSC to consider undertake the following public participation activities to ensure active public participation in the Project: A. Assessment of Community Interest. The Project is of high public interest to the community. Creation of additional affordable housing uses and removal of blighting conditions are a key component of the Redevelopment Plan for this portion of National City. B. Participation of Other Stakeholders. The Project was initiated by the Agency, relying on its authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health and Safety Code. Ultimately, the Project will require approval at various levels: of municipal government, and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as described herein. C. Approval of Prolect Activities. Approval of Project activities has been and continues to be taken by the Agency's Board of Commissioners, a seven -member body created under provisions of the California Community Redevelopment Law. Agendas fo meetings of the Commission are published in advance and actions are taken in public session. Most a�tions of the Agency are also reviewYd and approved by the full City Council, and the Mayor. D. Assignment of Agency Community Affairs Specialist. Public outreach for activities to be undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary with DTSC and be responsible for liaison with appointed and elected citizen participation groups and dissemination of Information to adjoining property owners, businesses, and tenants. The Agency will coordinate with DTSC on public relations activities as necessary. E. Preparation and Distribution of Fact Sheet The Agency shall. prepare a Fact Sheet on the environmental conditions found at the site, and the cleanup activities proposed to be undertaken under the PMP, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC contact persons who can provide additional information on the cleanup activities proposed, and will identify how interested parties can provide public comment on the proposed cleanup activities. The Fact Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement. F. Document Depository. The Agency shall establish and maintain a public depository of the PEA and the PMP and its supporting implementation plans For review by the public, and shall include notice of (Page 31 of 69) Attachment No. 2 the availability of the depository in the Fact Sheet and any public notices on cleanup plan activities. Project documents will also be maintained on the Agency's web site. O. .tices of Project Activities. The Agency shall provide notices of Project activities at key points in the implementation of the PMP and its associated redevelopment project: 1. Thirty days prior to Start of physical activities at the site (additional environment investigation and clean up activities as set forth in the PMP) 2. During cleanup activities, if material changes in scope or duration occur after the original notices. 3. Upon completion of work and issuance of the DTSC Certificate of Completion or No Further Action Letter. Information notices will be distributed as follows: 1. The Project Area Citizen Advisory Committee, The CAC for the Project Area is the official advisory body for redevelopment activities. It consists of appointed community residents and business representatives. 2. Neighborhood Council, as needed 3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of persons expressing interest in being kept informed of Agency activities and will mail or email the notices of Project activities to each person on the list. 4. Owners, businesses, and tenants within 509 feet of the Project site. The Agency will mail notices to all owners of record, and will hand -deliver notices to each business and tenant, with 500 feet of the Project site. 5. Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a sign on the Project site, noticing the activity and providing contact information. H. Additional Project Meetings as Needed. Depending on community reaction and comment to the Project activities listed above, additional meetings may be convened to provide opportunities for additional input into the cleanup activities proposed for the Project. TASK 9. Land Use Covenant. If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final RAP or Cleanup Plan will Contain a requirement for a land use covenant imposing appropriate limitations on Land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that are determined by DTSC as not suitable for unrestricted use of the land. If DTSC determines a land use covenant is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC. The land use covenant must be recorded in the County where the land is located prior to DTSC's determinationthat a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties. TASK 10. Operation and Maintenance fO&M). The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M) requirements or other institutional control measures, in accordance with the final RAP or Cleanup Plan (if (Page 32 of 69) Attachment No. 2 needed). The Agency shall designate in the final RAP or Cleanup Plan the parties that will enter into an ()&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to cf the Property or group of Properties, Compliance with any applicable O&M Agreement, and any land use covenant or other institutional control measures, must be included as a requirement for any new owner/lessee in a purchase and sale agreement for the Property or group of Properties. Any party that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance responsibilfties at least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a new O&M Agreement. (Page 33 of 63) Attachment No. 2 EXHIBIT D OVERSIGHT AGREEMENT COST ESTIMATE COST ESTIMATE WORKSHEET• Environmental OverrIght Agreement Date: August 2011 Project Name:National City Public Werke Yard TOD Development Site Cade: 401477 (11 VVP) Tale VCP Coord. Project Manager Toxicologist Geology 1 Public Participation HQ CEDA I_ at Clerical Ctasseiicauon Sr. HSS Sr. HSS Staff Toxic;9ogitt Senior Engineering Geologist PP$ REP • Staff Counsel OT (Ti `1 � . TASK; Agreement PrepJNegoliatipn . c'' • Project Management 24 ®� Property Mitigation Plan 16 e 8 Risk Assessofenl 8 . 24 . i Public Nigel,. lion' '. 16 8 8 40 Y r CFQA •- 24 r c . MedialAction Pterdliefnoimi AtIlon Workplan 40 24 32 hr ,iemerit.Remedial Acli n9Rembval Action 6 DeeBRestii Iio 12 16 ;.'i oi/q Uperation'B.Maim Total No.Hours/Cla 8 164 72 72 40 40 24 1 - HourlyRateIClass S151 $151 $178 6207 S123 129 $180 $75 cost/Class $1,208 524,764 $12,81• $14,304 54.920 85,180 $4;32r $75 Contingency 110% 56,017 574, Grand Total cos Advance Payme S37,492 Note: Schedule to be determined based on dIscussio# .b tween the Aaencv and DTSC at the first protect team nui,ealnq (Page 34 of 69) Attachment No. 2 EXHIBIT E OVERSIGHT AGREEMENT STANDARD PROVISIONS 1. The Standard Provisions in this Exhibit E are incorporated by reference into and are a part of the Oversight Agreement. The Standard Provisions have been placed in this Exhibit E for reasons of administrative efficiency. 2, Payment Provisions. Subject to Section 2.7 of the Oversight Agreement, if any bill is not paid by the Agency within sixty (60) days after it is sent by DTSC, the Agency may be deemed to be in material default of this Oversight Agreement. If the advance payment submitted under Section 2.7.1 of this Oversight Agreement exceeds DTSC's actual costs for Oversight Agreement preparation, consultation, review, approval, oversight and other activities conducted under this Oversight Agreement, DTSC will provide an accounting for expenses and refund the difference within one hundred -twenty (120) days after termination of this Oversight Agreement in accordance with Section 24 of this Exhibit. In no other case will the Agency be entitled to a refund from DTSC or to assert a claim against DTSC for any amount paid or expended under this Oversight Agreement, 3. Billing Dispute Resolution_ lithe Agency disputes a DTSC billing, or any part of a DTSC billing, the Agency will notify DTSC's designated Oversight Agreement Manager and attempt to informally resolve the dispute. If the Agency desires to formally request dispute resolution with regard to the billing, the Agency will file a request for dispute resolution in writing within 45 days of the date of receiving the bill in dispute. The written request will describe ail issues in dispute and will set forth the reasons for the dispute, both factual and legal. The Agency will send the written request to: Special Assistant for Cost Recovery and Reimbursement Policy Department of Toxic Substances Control P.O. Box B06 Sacramento, CA 95B12-0806 The Agency will also send a copy of the written request for dispute resolution to the person designated in subsection 2.5.1 of this Oversight Agreement to receive submittals. A decision on the billing dispute will be rendered by the person designated above or other DTSC designee. The existence of a dispute shall not excuse, stay or suspend any other compliance obligation or deadline required pursuant to this Oversight Agreement. 4. Communications. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to the Agency in writing by DTSC's Oversight Agreement Manager or hisiher designee. No informal advice, guidance, or suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Agency shall be construed to relieve the Agency of the obligation to obtain such written approvals. 5. Endangerment During implementation. to the event DTSC determines that any activity or operations caused by or on behalf of the Agency or its agents (whether or not pursued in compliance with this Oversight Agreement) may pose an imminent or substantial endangerment to the health and safety of people on any Properly or group of Properties or in the surrounding area or to the environment: i) the Agency will take the necessary actions to abate the endangerment it created for such period of time as may be needed to abate the endangerment; or ii) if DTSC determines that conditions require DTSC to exercise its authority to abate the endangerment, the Agency may stop further implementation of this Oversight Agreement as It applies to a Property or group of Properties. However, if the Agency stops implementation, the Agency must meet the conditions under Section 12 of this Exhibit (Notification of Environmental Condition) and, if necessary, must revise the applicable Scope of Work and meet the stop- work conditions as provided In Section 23 of this Exhibit (Amendments). if DTSC determines that an (Fags 35 of 69) Attachment No. 2 endangerment is the result of Agency actions that have caused a release of hazardous substances or substantially worsened the endangerment, the Agency will take those reasonable steps DTSC determines a....ece z.ery to mitigate the condition that the Agency caused or substantially worsened and to secure the '.:•, arty or group of Properties in order to avoid endangerment to the community. These steps may include installing a protective cover, constructing fencing and signage or other appropriate means to protect public health and the environment. The Agency will not be compelled to fully assess or mitigate a release of hazardous substances if DISC determines that the Agency did not cause or substantially worsen the release. 6. Condition Precedent. It is expressly understood and agreed that DTSC's receipt of the advance payment described in subsection 2.7.1 of this Oversight Agreement is a condition precedent to any obligation of DTSC to provide consultation, oversight, review and/or comment on documents or to provide any work or perform any activity pursuant to this Oversight Agreement. 7. Record Retention. DTSC will retain all cost records associated with the work performed under this Oversight Agreement for such time periods as may be required by applicable state law. The Agency may request to inspectall documents that support DTSC's cost determination in accordance with the Public Records Ad, Govemment Code section 6250 et seq. 8. Project Coordinator. The work performed for each Property or group of Properties pursuant to this Oversight Agreement will be under the direction and supervision of a qualified Project Coordinator, with expertise in hazardous substance and hazardous waste site cleanup. For each Property or group of Properties, the Agency will submit: a) the name and address of the Project Coordinator, and b) in order fo demonstrate expertise in hazardous substance and hazardous waste site cleanup, the resume of the Project Coordinator. The Agency will promptly notify DTSC of any change in the identity of the Project Coordinator. AN engineering and geological work shall be conducted in conformance with applicable state law, including but not limited to, Business and Professions Code sections 8735 and 7835. 9. Access. If DTSC determines access is necessary in order to perform any of the tasks contained in Exhibit (Technical Consultation) or Exhibit D (Remediation Oversight), the Agency will exercise its best efforts to provide access tor DTSC and its representatives to the Property or group of Properties subject to this Oversight Agreement for which access is needed. In the event that such access is not provided, it is understood that the implementation of tasks identified in this agreement for the Property or group of Properties for which access cannot be obtained may not proceed. The Agency will also exercise its best efforts to provide access for DTSC and its representatives access and/or obtain access to any area beyond the boundaries of the Property or group of Properties subject to this Oversight Agreement to which access is necessa to implerr4 nt this Oversight Agreement. To the extent such access is obtained by the Agency, such a s will be p ovided to DTSC's employees, contractors, and consultants at all reasonable times: Nothi in this section Is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of any law. To the extent such access can be legally obtained by DTSC or the Agency, DTSC and its authorized representatives shall have the authority to enter and move freely about all of the property at each Property or group of Properties at all reasonable times for purposes including, but not limited to: inspecting records and operating logs, sampling activities, administering any other aspects of this Oversight Agreement relating to the Property or group of Properties, reviewing the progress of the Agency in carrying out the terms of this Oversight Agreement, conducting such tests as DTSC may determinearenecessary, and verifying the data submitted to DTSC by the Agency. 10. Sampling, Data and Document Availability. The Agency will submit to DTSC a listing of all known reports in its possession, including sample analysis results, environmental assessment reports, and any other information in its possession pertinent to the hazardous substance and hazardous waste management and/or release, characterization and cleanup of a Property or group of Properties. The Agency will provide copies of any non -privileged reports or information requested by DTSC and will identify privileged or other confidential documents that the Agency is not providing. The Agency will also (Page 36 of 69) Attachment No. 2 inform DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous substance and hazardous waste management and/or release, characterization and cleanup of a Property of group of Properties, including the name of the document (if known) and the identity and address of the person/entity with possession of the document (if known). 11. Notification of Field Activities. The Agency will inform DISC at least seven (7) days tti advance of all field activities which the Agency undertakes, including activities the Agency directs a third party to undertake, pursuant to this Oversight Agreement at each Property or group of Properties and will allow DTSC and its authorized representatives to take duplicates of any samples colleted by the Agency pursuant to this Oversight Agreement. 12. Notification of Environmental Condition. The Agency shall notify DTSC's Agreement Manager immediately upon teaming of any condition posing an immediate threat to public health or safety or the environment. Within seven (7) days of the Agency's discovery of such a condition, the Agency shall submit a brief report to DISC, setting forth the events that occurred and the measures taken, if any, in response to those events. 13. Preservation of Documentation. The Agency will maintain a central repository of the data, reports, other documents that it prepares pursuant to this Oversight Agreement and other documents relevant to the activities conducted under this Oversight Agreement. Ali such data, reports and other documents regarding a specific Property or group of Properties will be preserved by the Agency for a minimum of six (6) years after the conclusion of all activities carried out under this Oversight Agreement with respect to that Property or group of Properties. If DTSC requests that some or all of these documents be preserved for a longer period of time, the Agency will either: (i) comply with that request, (ii) deliver the documents to DTSC, or (iii) permit DTSC to copy the documents prior to destruction. Following the expiration of the six -year minimum retention period for documents regarding a Properly or group of Properties, the Agency will notify DTSC in writing at least ninety (90) days before destroying any documents prepared pursuant to this Oversight Agreement with respect to that Property or group of Properties. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the six year period with respect to a Property or group of Properties, the related records will be retained until the completion and resolution of all issues arising from that action oruntil the end of the six -year period, whichever is later. 14. Time Periods. Unless otherwise specified, time periods begin from the date this Oversight Agreement is fully executed, and "days" means calendar days. "Business days" means all calendar days that are not weekends or official State holidays. 15. Agency Liabilities. This Oversight Agreement shall not be construed in 4ny rraanner as an admission by the Agency of any fact or liability of any kind, nor shall this Oversig . t Agreement be considered or interpreted as an admission or an assumption by the Agency of eny Liability or acknowledgment of liability or responsibility for the investigation or assessment of, response or remediation to any environmental condition on any Property or group of Properties or the costs of such activities, for which the Agency is not otherwise liable or responsible: Nothing in this Oversight Agreement shall constitute or be considered a satisfaction or release from liability for any condition or claim arising as a result of Agency's past, current, or future operations. Nothing in this Oversight Agreement is intended or shall be construed to limit the rights of any of the Parties with respect to claims arising out of or relating to the release, discharge, deposit or disposal of hazardous substances or hazardous wastes at the Property or group of Properties or at any other location, if such hazardous substances or hazardous wastes are removed from a Property or group of Properties. 16. State Government Liabilities. The State of California (State) shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by the Agency or its directors, officers, employees, agents, representatives, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this Oversight Agreement. Neither DTSC nor the State may be deemed to (Page 37 of 69) Attachment No. 2 be a party to any contract entered into by the Agency or its directors, officers, employees, agents, successors, assigns, contractors or consultants in carrying out any action or activity pursuant to this t•-.ig:.:..greement. 17. Third Party Actions. In the event that the Agency is a party to any suit or claim for damages or contribution to which DTSC is not a party, relating to a Property or group of Properties subject to this Agreement, the Agency will notify DTSC in writing within ten (10) days after service of the complaint in the third -party action. However, failure to give such notice within 10 days will not be a material breach of this agrieement, and this requirement confers no rights on any third parties not party to this Agreement. 18. Reservation of Rights. DTSC and the Agency each reserve the following rights: a. DTSC reserves its right to pursue cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, California Health and Safety Code sections 25201.9, 25343, 25360, 33459.3, subdivision (m) and any other law. The Agency reserves its rights to pursue cost recovery under the California Health and Safety Code section 33459- 33459.8 (Polanco Act) and any other applicable section of the law. b. Nothing in. this Oversight Agreement is intended or shall be construed to limit, preclude or affect the authority of DTSC to pursue any legal, equitable or administrative remedies pursuant to state or federal law or to take any action authorized by taw or equity to protect public health and safety or the environment and recovering the costs thereof, including DTSC's authority to lake action, or require other persons to take action, under chapter 6.5 or chapter 6.6 of division 20 of the Health and Safety Code or under the Polanco Act and to recover DTSC's costs for those actions. c. Nothing in this Oversight Agreement shall constitute or be construed as a waiver, defense to, or limitation on of the Agency's rights (including any covenant not to sue or release), with respect to any claim, cause of action, or demand in law or equity that the Agency may have against any person, as defined in section 101(21.) of CERCLA, or Health and Safety Code section 25319, who is not a signatory to this Oversight Agreement. 19. Compliance with Applicable Laws. Nothing in this Oversight Agreement relieves the Agency from complying with all applicable laws and regulations, and the Agency will conform to all actions required by this Oversight Agreement to all applicable federal, state and local laws and regulations. 2Q California Law This Oversight Agreement shall be governed, performed and interpreted under tile laws of the State of California. 21. Parties Bound. This Oversight Agreement applies to and is binding, jointly and severally, upon each signatory and upon any successor agency of either the Agency or the State of California that may have responsibility for and jurisdiction over the subject Matter of this Oversight Agreement. No change in the ownership or corporate or business status of a Property or group of Properties or any owner of a Property or group of Properties shall alter any signatory's responsibilities under this Oversight Agreement. 22, Severability. If any portion of this Oversight Agreement is ultimately determined not to be enforceable, that portion will be severed from the Oversight Agreement and the severability shall not affect the enforceability of the remaining terms of the Oversight Agreement 23. Amendments. Except as otherwise specified in this section and in section 2.2 of this Oversight Agreement, this Oversight Agreement may be amended as specified in this section to withdraw any Property or group of Properties from this Oversight Agreement The Agency may withdraw a Properly or group of Properties from this Oversight Agreement by giving written notice to DTSC that the Agency will stop work on that Property or group of Properties within the next thirty (30) days. DISC may withdraw a Property or group of Properties by giving written notice to the Agency that DTSC will stop work on that (Page 38 oS E9i Attachment No. 2 Property or group of Properties within the next thirty (30) days. The effective date of withdrawal is the end of the 30 day notice period. Prior to stopping work on a Property or group of Properties, the Agency ~••• 'st ensure that the Property or group of Properties will pose no greater public health or environmental risk than it posed prior to the Agency's activities on the Property or group of Properties. In the event that the Agency withdraws a Property or group of Properties from this Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of withdrawal. The Scope of Work may be amended by mutual written agreement of the parties. Such amendments or modifications are effective on the third business day following•the day the last Party signing the amendment or modification sends its notification of signing to the other Party_ The Parties may agree to a different effective date. An amendment to incorporate a Property or group af Properties into this Oversight Agreement and to ' incorporate by reference site -specific Exhibits for that Property or group of Properties shall be made as specified in subsections 2.1, 2.2, and 2.3 of this Oversight Agreement. 24. 'termination for Convenience. Except as otherwise provided in this Section, each Party to this Oversight Agreement reserves the right to unilaterally terminate this Oversight Agreement for any reason. Termination requires that either Party give a thirty (30) day advance written notice of the election to terminate this Oversight Agreement to the other Party. Prior to termination the Agency must ensure that the Property or group of Properties will pose no greater public health or environmental risk as a result of the Agency activities than it posed prior to the Agency's activities at the Property or group of Properties. In the event that this Oversight Agreement is terminated under this section and subject to Section 2.7 of the Oversight Agreement, the Agency will be responsible for DTSC's costs through the effective date of termination. (Page 39 of 69) Attachment No. 2 EXfi t 1T r si4MOLE 121 SOL[.0-10+I au ioR1ziNG.0404 Y3O CQNTt AOrmiTH DItsc Resolution authorizing the [Authorized Official] to Execute Contracts with the California Department of Toxic Substances Control WHEREAS, the [Name of Agency] determines and declares that it may enter into agreements with State agencies for [Year], and i WHEREAS, [Name of Agency] may take any actions that [Name of Agency] determines are necessary and that are consistent with state and federal laws to remedy or remove a release of hazardous substances on, under, or from a property located in a Redevelopment Project Area if certain conditions are met. THEREFORE, BE IT RESOLVED BY THE [name of legislative body] that the (authorized Agency official] is hereby authorized to enter into and execute contracts for the [Name of Agency], with the California Department of Toxic Substances Control, subject to an conditions. I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution introduced and passed at a noticed meeting of the [name of Agency] held on [date]. Signed: Title of Authorized Official, the Agency will be responsible for DTSC costs through the effective date of termination. Date: (Page 40 of 69) Attachment No. 2 2.7.1 In anticipation of the services to be rendered under this Oversight Agreement, the Agency will make an advance payment of $37,492 to DISC no later than thirty (30) days after the .affective date of this Oversight Agreement. ff the Agency's advance payment does not cover all costs paable to DTSC under this subsection, DTSC will invoice the Agency quarterly. The Agency agrees to pay the additional costs within sixty (60) days of receipt of DTSC's quarterly invoice. 2.7.2 All payments made by the Agency for activities performed for a Property or group of Properties pursuant to this Oversight Agreement will be by check made payable to the' Department of Toxic Substances Control,' and bearing on its face the project code for the Property or group of Properties (See Exhibit 18) and the Contract Number of this Oversight Agreement. All payments made by the Agency for DISC activities performed pursuant to this Oversight Agreement, but not applicable to a Property or group of Properties will be by check made payable to the "Department of Toxic Substances Control" and bearing on its face the project code for this Oversight Agreement [401477 (11 WP)] and the Contract Number of this Oversight Agreement. Payments should be sent to: Department of Toxic Substances Control Accounting/Cashier 1001 I Street, 21a Floor P.O. Box 806 Sacramento, California 95812-0806 2.8 Exhibits. Standard provisions of this Oversight Agreement are contained in Exhibit E (Oversight Agreement Standard Provisions), which is attached to this Oversight Agreement. All exhibits attached to this Oversight Agreement, including Exhibit E, are incorporated into this Oversight Agreement by reference. 2.9. Effective Date. The effective date of this Oversight Agreement is the date when this Oversight Agreement is fully executed. 2.10, Representative Authority. Each undersigned representative of the Parties to this Oversight Agreement certifies that she or he is fully authorized to enter Into the terms and conditions of this Oversight Agreement and to execute and legally bind the Parties to this Oversight Agreement, 2.11. Counterparts. This Oversight Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. See Attached Standard 213 for Signature Efate: Tomas Axton Chief, Contract Development Contracts &Business Management Branch . Department of Toxic Substances Control Date: Patricia Beard Redevelopment Manager City Community Development Commission City of National RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD STANDARD AGREEMENT AMENDMENT TO THE ENVIRONMENTAL OVERSIGHT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL EXTENDING THE ENDING TERM DATE TO AUGUST 31, 2015, AND INCREASING FUNDING BY $53,821 FROM AN ORIGINAL AMOUNT OF $74,984 NOT TO EXCEED $128,805 TO ALLOW THE CONTINUATION OF THE ORIGINAL SCOPE OF WORK PROVIDING FOR QUALIFIED OVERSIGHT OF ENVIRONMENTAL REMEDIATION PLANNING AND IMPLEMENTATION FOR THE TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT SITE WHEREAS, the Department of Toxic Substances Control ("DTSC") is a qualified State environmental regulator which has been working with the City to understand the site conditions at the Westside National City Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Project ("WI-TOD") site since 2008; and WHEREAS, the City of National City entered into an Environmental Oversight Agreement ("Agreement") with the DTSC on May 18, 2010, for DTSC to establish a collaborative process that 1) provides a flexible based process based upon the City's needs for the WI-TOD project; 2) ensures the investigation and clean-up are conducted in an environmentally sound manner; 3) requires a clean-up that results in a property that is safe for redevelopment; and 4) can provide liability relief for redevelopment agencies that complete the site characterization and clean-up process; and WHEREAS, an extension of the Agreement through August 31, 2015 and an increase funding of $53,821 has been requested by DTSC to continue technical assistance to the City in the planning and implementation of the environmental remediation process for the WI-TOD Project site. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Third Standard Agreement Amendment to the Environmental Oversight Agreement extending the ending term date to August 31, 2015, and increasing funding by $53,821 for a total Agreement amount of $74,984, not to exceed $128,805, to allow the continuation of the original Scope of Work providing for qualified oversight of environmental remediation planning and implementation for the Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Project site. Said Third Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 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: August 19, 2014 AGENDA ITEM NO. kg ITEM TITLE: jA Request to Initiate a Street Vacation for a segment of A Avenue located south of East 28th Street and north of East 29th Street (Applicant: Frank Motors) (Case File No. 2013-23 SC); PREPARED BY: Michael Fellows (VIA DEPARTMENT: P .rtment PHONE: I336-4315 APPROVED BY: EXPLANATION: - 1The segment of A Avenue proposed to be vacated includes the full right-of-way s• of 60-feet and the entire street segment length of 250-feet (approx.) between 28th Street and 29th Street (29th Street was closed in 1968). This segment of A Avenue and the adjacent segments to the north and south are fully developed with two traffic lanes, on -street parallel parking on both sides, curb, gutter, sidewalk, and parkways (on east side of street). The street segment proposed to be vacated provides access to adjacent properties occupied by the automotive dealership, Frank Motors (the applicant), on either side of the street. The sales operations of the dealership occur on the property to the west of the proposed vacation, while the property to the east of the proposed vacation serves as parking for offloaded vehicles. The applicant has proposed the vacated street to be used as a parking lot and delivery driveway for the dealership. The City Council has the authority to initiate proceedings to consider the vacation of public streets. If initiated, the Planning Commission would hold a hearing to consider the conformity of the proposed vacation with the General Plan. The City Council would then hold a hearing to consider the Planning Commission's determination of conformity along with staff's report and recommendation and any evidence offered by interested persons at the hearing. The street segment proposed to be vacated is currently used for motorized and non -motorized transportation, and is designated as a local road in the Circulation Element of the General Plan. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS INot Applicable.) ENVIRONMENTAL REVIEW: Not applicable at this time. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Staff recommends that the City Council initiate the street vacation BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. jApplication and Plans. i { f Cfj NATIONAL CITY, CALIFORNIA hiII, 11,111 LLll ti\���AA= STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National' City Planning Department 1243 National City Boulevard NationaliCity, California 91950 (619) 336-4310 See attached Vacation Procedures for m FOR DEPARTMENT USE ONLY Case Number 20 13 0 2� L Filing Fee $ +Q ( Receipt No. .S." 0 b S Date Received 1 DM3 By yh. ?A, E.A.F. Required Fee $ Related Cases NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future �; es as a street. l� P 153. ore information. TV) 0 Please consider my request for the vacation of Tiles 2$ 00 4.4c _ *A". 1Q6- located between 26 i 4 .1.0 25S- . ',Q`ht- and as more particularly shown and described on drawing of area to be vacated, prepared by 57EPflsl L tcrao os dated c7- 2s--/3 , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) VActat'(w\ nc- '4 01s Po--P OP tk6- (2.boo E 4 ca= "A ". Auc. A(lugs ti5 donct' 4pt-1S'Z. Ii.o-o5 A-vo 56,Z-14o.o7 40 6t14c✓-. ��i4�xK�llaw+� A)2 P't4tz= 6,044- A IT L.))ft 11-tt dP= 1%ticLrs 01Z o.'r '(Racks M Caet C Jl teeNnty.A1 SrfFs z'7z, 1-70—z k. Be ntiea9 , 4,tt,o,; 3. Btinot/ Title Examination Report obtained by fiL 7 Axeridilfli date 4s. Z`% Pall (attach copy) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 1. A w Mr A aarmsm• AV 5 .1v N'. ALA' SW/4MM— mammy IFAirl .RY.b UFO, ow 7r:•�7 amour ono a 11d D. DC JD WPM AD AW 1YR a t ,17�1Y1a1.� rum • 1R3 YI HA lilt 1 1 Imoir mom tor mowsA NN Ifs . A. men• Y F' IY Q M I .1 Ii A Nat __.. 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V it1 FR NK- A -VAC NC1 or CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19, 2014 AGENDA ITEM NO. 1'\ ITEM TITLE: Request to use the Martin Luther King Jr. Community Center (North and South Rooms, and Kitchen) by National City Chamber of Commerce for the annual "Salute to Navy" Luncheon on Wednesday, October 1, 2014, from 8:00 am to 3:00 pm. This event is co -sponsored by the City. PREPARED BY: Kathy Guzman PHONE: 336-4380 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. 001-22223-3634: $1,548.32 001-22223-3634: ($1,000.00) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Approve the Facility Use Application with City Support of $1,000.00. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Facility Use Application 2. Certificate of Liability Insurance Explanation: The Chamber of Commerce is requesting use of the Martin Luther King Jr. Community Center (North and South Rooms, and Kitchen) for the annual "Salute to Navy" luncheon on Wednesday, October 1, 2014. The Chamber estimates approximately 350 attendees, with 75% from National City. A $50 Admission will be charged. Fees: Non-Waivable Fee Refundable Deposits Hall Fee $ 820.82 Facility Use Fee $50.00 Cleaning $100.00 Kitchen Fee $ 50.00 Kitchen $ 60.00 Custodial $ 330.00 Chairs/Tables $ 297.50 Total $1,498.32 The fees, including the non-waivable Facility Use Fee, total $1,548.32. In addition, there is a refundable cleaning deposit of $100.00 and refundable kitchen deposit of $60.00. This request is consistent with City Council Policy 803 governing the use of this facility. Under the current City Council Policy 804, this event is listed as a City co -sponsored event. Therefore, this event qualifies for City support of $1,000.00, pending City Council approval. The applicant has also requested the following additional items: - 6x6 foot tables (will be used for the registration, sailor's hats, goodie bags, sponsors, etc.); -Stage riser inside the banquet hall; -Podium; -City Signage: a) The use of the entire parking lot at the MLK Community Center (The applicant has requested to remove this item); b) No ticketing in and around surrounding areas of the MLK Community Center (The applicant has requested to remove this item); c) No street sweeping in and around surrounding area of the MLK Community Center (The applicant has requested to remove this item); d) Parking signage along 12th street informing the residents of the event taking place on Wednesday, October 1, 2014 (The applicant has requested to remove this item); - The use of the screens inside the MLK Community Center announcing the event a few weeks prior to the event and providing a slide show when guests arrive at the luncheon; - Hang Banners (along National City Blvd, Inside the MLK Center and outside the MLK Center) (Staff is available to provide this service for a cost of $400); - Decor of MLK Community Center Hall; - Access 1 day prior to event for set-up. .CALIFORHIA -• NATIONAL 011,- rxroaroMATtO City of National City Facility Use Application Rev.6/28/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle TTrtin Luther Kin. Jr. Buildin) orth Room South Room r - nod iv-]dey Date(s) of Use:W d{ $ 1I v( It r j , 00) T Day(s) of Use: Time of Use: From: 8' 00 M To: a 06 AM -INCLUDE SET-UP & CLEAN UP TIME xlin5k l , Y. 4O� t i, Rd I `f Type of Function/Activity3q'{}.-4 kl0V1/ LUr1QYt2pn Is the event open to the public?\ pS Wt4ii l�tivcttUs4 3f-I ale - Name & Address of Organization/Group: +10nal CIAclit r m- Nam, gat kW -lanai 1 C 4 , fbIvd. h(i CA 9It()Non- profit organization Yes No Tax ID # C5-103g 185-` `� Anticipated Maximum Attendance: 350 Percentage of National City Residents 15 °fp Will Admission be charged? \JJS Amount $ 50 Will this be a Fund Raising Event? IIvo crowd -Fah► ) Equipment Requested: \les "Jes Use of Kitchen: X Yes No Is the Use of Alcohol Requested? Ij 0 Will other paid services be used (I. < ommercial catereDDJ,(and)etc)? '( Name: f - Wi'1Q a+4hiS- T1.1 Name: F)orld - Unknown al-` i 6-1-Ime Phone: Phone: 350 # of chairs ?)5 # of banquet tables Wit' 4p3 I **PLEASE ATTACH SEATING DIAGRAM' odium/Microphonn \/ Audio & Visual Equipment Required? (Please Specify)— 6-..rLod SC�Diazxn "' �lrnct tn4o an tpOD e 2 mitrapyips parts net Use of Gas for Range and Oven: )(' Yes No Yes No -1- How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being peniritted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. 1 CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS ' RO ISION. DATE COMPLETED: Yi / PRINT NAME:.) 1n9 L, tpasO SIGNATURE: f ADDRESS OF APPLICANT: 0101 Lh $ljd- CITY, STATE, AND ZIP CODE: K10140) C,rl q l95'b . PHONE: DA'(P fl) T1-0133`j FAX NUMBER:oIWo LIl7- 5d1$ CONTACT PERSON ON THE DAY OF THE EVENT:TOCgUQI l4 PHONE:4R 411-9339 CELL: (Al 84Q—(n(o l HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Public Works Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO -2- Date(s) of use: CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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 include 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: _Qationo1 0.+1 NIYIISPXa4 coinnwity,. Person in charge of activity: 3-6(10i Address: C1 Qntiat1t 049 B\Vd . , k)('t lOi\(xJ Q'k%t 11 CA. 9 t950 Telephone(IP )1411-9339 E-Mail: City Facilities and/ or property requested: TALK CbYY Muni -IN Not-ei' yirisdol 0 -d,e- �, an14 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages 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 or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Certificate of Insurance Approved by Name and Title -3- Safety/ Security Please describe your procedures for crowd control and internal security: 4101N -YAICT 7 eiu•1(w [•�•� /t \•fir �' --1 '. u. i (\ 'rr q Uv i I 1 iI�_mLn�i iot i Orknt -Arn ^s or5 �1�0Av I 'cer\d-Thr P [t'c�AcPin-1-7` 1P_ C ' an\ crd ri5v rea wi I i Ise r -- b. Cy1cry I• . , pQimbcir v•u,�9 �► -i I izt;� - YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please ist: Security Organization: F(eyi dell +7 Og' PE Security Organization Address: Security Director (Name): Phone: -4- Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Nip Organization must designate a person to ensure that alcohol is being se d to persons 2l years of age or older. The designated alcohol server must also be 2 ears of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Profes '.nal Security organization to handle Security arrangements for t• s event? If YES, please list: Security Organization: Security Organizati. .Address: Sean it lirector (Name): Phone: -5- Salute to Navy Luncheon Wednesday;•October 1, 2014 Additional Requests: A 6- 6 foot tables (will be used for the registration, sailor's hats, goodie bags, sponsors, etc.) ➢ Stage riser inside the banquet hall ➢. Podium ➢ City Signage: a) The use of the entire parking lot at the MLK Community Center b) No ticketing in and around surrounding areas of the MLK Community Center c) No street sweeping in and around surrounding areas of the MLK Community Center d) Parking signage along 12th street informing the residents of the event taking place on Wednesday, October 1, 2014 A The use of the screens inside the MLK Community Center announcing the event a few weeks prior to the event and providing a slide show when guests arrive to the luncheon A Hang Banners (along National City Blvd, Inside the MLK Center and outside the MLK Center) ➢ Decor of MLK Center Hall ➢ Access 1 day prior to event for set-up -6- 3 > FUP FEE WORKSHEET (MLK, RECS, KSC/CASA, NUTRITION) Event/Group Name: "Salute to the Navy", NC Chamber of Commerce Resident? Yes Date(s) Rqst'd: Time of Event: i~requency Council Date: RENTAL RATES MLK (for dining) Wednesday, October 1, 2014 8:ooam - 3:00pm One Time: # Hours: ShortTerm: August 19th at 6:00pm in Council Chambers at City Hall People 0-73 73-149 150-221 222-294 MLKIdance/assembly) t0-100 101-157 Hourly Rates South North Entire $23.45 n/a n/a n/a n/a $70.36 $87.97 n/a n/a n/a n/a $117.26 Qty 7 Facility: MLK # People: 350 On -Going: Total Charge $0.00 $0.00 $0.00 $820.82 Notes $23.45 n/a n/a n/a n/a $0.00 158-300 301-472 472-630 n/a n/a n/a $70.36 $87.95 n/a n/a n/a $117.26 $0.00 $0.00 Rec. Centers & Casa varies $23.45 $0.00 Kimball Senior Center 0-149 150-221 $100.00 per month $10.00 per hour Service Clubs Ong KITCHEN ($50 min) r FAC/BLDG USE FEE $50.00 CUSTODIAL (Dep/PW) $70.36 $87.97 Months: Hours: $0.00 $0.00 $0.00 $50.00 $50.00 Duration $22/hr reg, or $35/hr OT Setup/Cleanup time $22/hr reg, or $35/hr OT Rate $22.00 $22.00 1-100(21,r), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10hr) CSD STAFF(Dep/CSD) EQUIP: chairs: TOTAL FEES tables: $11.00 $0.75 $1.00 per hour each each Hours: Qty: Qty: $154.00 $176.00 $0.00 350 $262.50 35 $35.00 $1,548.32 DEPOSITS - J Kitchen: $60.00 ,Refundable Cleaning $100.00 Refundable Key Deposit $100.00 Refundable Total Deposits: $60.00 $100.00 $0.00 $160.00 ACCOUNTING: $1,218.32 001-41000-3572 $330.00 626-416-223-102 $0.00 001-441-000-100 $1,548.32 Fees/Council Date reviewed/confirmed with: Date: Note: -7- NCCHAMI OP ID:NG ACTR`.'* CERTIFICATE OF LIABILITY INSURANCE DATE(MldD°IYTYY) OBro7r14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condltlons of the policy, certain pollcies may require an endorsement. A slatement on this certficate does not confer rights to the certificate holder In Ileu of such endorsementisl. PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego, CA 92121 R.B. Guy Insurance Agency,Inc. INSURED National City Chamber of Commerce 901 National City Boulevard National City, CA 91850 858-452-2200 858152-6004 ,-jX,VGI Tiffany Blair PHONE WC. No. Est): ADOREes: tblairCwateridge.coin UJSURER(S) AFFORDINGCOVERAGE FAX (NC, No): NAIC E INSURER A: Assurance Company Of America INSURER B 19305 INSURER C : INSURERD: INSURERE: INSURERF: CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MY REQUIREMENT,. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NSLT OF INSURANCE ADDLTYPE INSR INSR SUER skivSUE POLICY NUMBER IPOLIC PM,DnT" FF EXP1 POLICYEKP iPO POLICY LIMITS A GENERAL X LIABILRY COMMERCIAL GENERAL LIABILITY X PAS38912516 09/22/13 09122/14 EACH OCCURRENCE $ Z,000,00C DAMAGE R MlSLS Ea occurrence) $ 2,000,00C NE:D EXP (Any one person) $ 10,0OC CLAIMSS4k DE C OCCUR PERSONAL ADV INJURY $ 2,000,00C GENERAL AGGREGATE $ 4,000,00C PRODUCTS - COMP/OP AGG $ 4,000,00C GEN'L AGGREGATE LIMIT APPLIES PER, AT 71 POLICY f I Tr`7 1LI LOC $ A AUTOMOBILE X LIABILITY ^ -- x SS�aDULED NON -OWNED AUTOS PAS3B912516 09122I13 09122/14 I.UMUINEU SINGLE LIMI I (Ea accident) $ 1,000 rtn' BODILY INJURY (Per person') $ BODILY INJURY (Per accident) $ PROPER PeDAMAGE (Per accident) $ $ — UMBRELLA LIAB EXCESS LIAB - —! OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS 'COMPENSATION ANY PROPRIFTCP/PARTNFRFXFEI 111VF YIN AND EMPLOYERS' LIABILITYc:j OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N 1 A - WC STATU- OTH- TORY LIMITS FR E L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule,' more space le r quirk) THE CITY OF NATIONAL CITY ITS OFFICIALS BOARDS COMMISSIONS EMPLOYEES AGENTS AND CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR ARE NAMED ADDITIONAL INSURED WIRESPECT TO GENERAL LIARILITY PER ATTACHED. RE: NAMED INSURED'S SIGNS LOCATED IN THE CITY LIMITS OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION NATI 002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4— ® 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD -8- POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CO20100704 THIS ENDORSEMENT CHANGES THE, POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modfies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name OfAddttional Insured Person(s) Or Organization(s): THE CITY OF NATIONAL CITY, ITS OFFICIALS BOARDS, COMMISSIONS, EMPLOYEES, AGENTS & CONTRACTORS, AS THEIR INTERESTS MAY APPEAR 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 Location(s) Of Covered Operations NATIONAL CITY Ii rfurination required to complete this Schedule, irnot shown above, will be shown in the Declarations. A. Section 11 Who Is An Insured is amended to include as an addfional insured the person(s) or organization(s) shown in the Schedule, but only with respell to lability Tor'boday inlay', 'property damage" or 'personal and advertising injury' caused, in whole or in part, by: 1. Your ads oromissions; or 2. The ads or omssbns arlhose acting on your behalf, in the performance ofyour ongoing operations for the additional hsured(s) at the bcatbn(s) dealer— nated above. CG 20 10 07 04 B. With respPrt to the insurance afforded to 'these additional insureds, the following additional exclu— sions apply: This insurance does not apply ID 'bodes hj.iry" or "property damage" occurring after 1. All wait, including materials, parts or equQ— ment -furnished in oonnectbn with such viork, on the project (other than service, maintenance or repairs) 10 be performed by a- on behalf cf the additbnal hsured(s) at the bcatian of the covered operations has been completed; or 2. That portion of 'our wrrk" out of which the injury or damage arises has been put to Its h— landed use by any person or organization other than another aorhac or or suboontracbr en— gaged hi performing operations Tor a principal as a part ofthe same project Copyright, ISO Properties, Inc., 2004 Page 1 of ❑ -9- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19. 2014 AGENDA ITEM NO. ITEM TITLE: Request to use Martin Luther King Jr. Community Center (South Room) by National City Rotary Club, a service organization, for their weekly luncheon meetings every Tuesday of the month for one year, from 11:00 a.m. to 1:30 p.m. for approximately 20-25 members. Applicant is requesting a waiver of fees in the amount of $1,200.00 ($100 per month for National City service clubs) PREPARED BY: Kathy Guzman PHONE: (6191336-4580 EXPLANATION: DEPARTMENT: Engineering/Public Works APPROVED BY: National City Rotary Club is requesting use of Martin Luther King Jr. Community Center (South Room) for their weekly luncheon meetings every Tuesday of the month for one year, from 11:00 a.m. to 1:30 p.m. for approximately 20-25 members. Use of the kitchen is not being requested. This request is consistent with Policy 803 governing the use of the Martin Luther King Jr. Community Center and rental fees for National City service clubs. Applicant is requesting a waiver of fees in the amount of $1,200.00 ($100 per month for National City service clubs). FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: acility Use Application Letter from Applicant dated August 4, 2014 Certificate of Liability Insurance City Council Policy 803 ENGIN Itl%l AUG — City of National City Facility Use Application Rev.6/28/1.1 1VED NG DEPT. 2100 Hoover Avenue jTaiitotiCity, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle Martin Luther Kin Bu'1 North Room ntire Facility Date(s) of Use: Ev e y "TueSda yDay(s) of Use: Time of Use: From: j /PM To: 1.3fl A )T'CLUDE SET-UP & C.LEAN UP TIME e-rn t2te-r-s 4 Type of Function/Activity: n\ Is the event open to the public? VG6'#' Name & Address of Organization/Group: ll P Cj. B o X (Q Q C g eruin." C,Pt IR 1 e3 b Non- profit organizatio Anticipated Maximum Attendance: Q f }- $ Percentage of National City Residents No TaxID#9s-c.OLjgq 31 3370 Wi1:1 Admission be charged? t.3 Q Amount $ Will this be a Fund Raising Event? N Q Equipment Requested: 3 Q # of chairs # of banquet tables N 0 Stage g Podiu icrophone PLEASE ATTACH SEATING DIAGRAM Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes X No Is the Use of Alcohol Requested? I Q Will other paid services be used (I. e, conunercial Name: Steno` 5 u t-tON Phone: Name: Phone: Use of Gas for Range and Oven: Yes X No J. Band, etc)? Yes No i6tci) $71-9540 -1- How many times in the last twelve months have you requested to use a City Facility? _ It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I. the undersigned, hereby certify -to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.G of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: 614120 14 PRINT NAME: 1M' ` ©no__ Q S SIGNATURE: '�'Y�` ADDRESS OF APPLICANT: 3'd 1 E 1 e.ianor PI0-ce- CITY, STATE AND ZIP CODE: N O►} t 1 Clly . CA s 1 c S O PHONE:DA�9Ry_tk FAX NUMBER: £43q— H Si S HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print dearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. CONTACTPERSONON THE DAY OF THE EVENT: M O NH 1 OS, �res�d�nt PHONE:41, 419 - till S CELL(da1q 9 9 - d se ti Public Works Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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 include 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: ct-A- L o r a L C Lty ARoi-c y—y O V. Person in charge of activity: Mon A R t S 1 Address: 34 1 4C C'_QiROY` CL. No ' ( Cti'I Telephone: (G(99g.44-p $ e 9-Mail: rit'es Irror . rlO S matI • Co nn City Facilities and/ or property requested: M L.K (S 0u fit Room) Conn , Cant-e a• Date(s) of use: 8 I 5 \ ?) L% ter- s L s 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages 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 or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Signature of applicant Certificate of Insurance Approved by Name and Title 1DJe I If -3- Safety/ Security Please describe your procedures for crowd control and internal security: Po 1%3 o L G.. ToLt.c0 t S C. Q� C_rt v e+, . a v. o 4" 4-ke C 1. 10 YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: I Security Director (Name): Phone: -4- Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: No A v..stt\ Ime a ec o 4 Lv w.el.... M Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: N I Contact phone num r the day of event: YES XNO 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: -5- SUMMARY OF CHARGES Fees and Costs: Service Clubs: $100/month Other Organizations: see prices below Martin Luther King Jr. Community Center Activity South Room North Room Entire Hall Dining: 0-73 $23.45/hr 0-149 $70.36/hr 150-221 $87.95/hr 222-294 $117.26/hr Dance/ Assembly: 0-100 101-157 158-300 301-472 473-630 $23.45/hr $29.32/hr $7036!hr $8795/hr $117.26/hr Casa de Salad, El Tovon Recreation, Camacho Recreation & Kimball Recreation Center $23.45/hr *Please note Camacho Gym falls under 801 Policy Fee Kimball Senior Center 0-149 $7036/1u• 151-221 $87.97/hr Kitchen: $10.00!hr $50.00 Minimum — (only to be used in conjunction with the use of the hall) $60.00 Kitchen Deposit — (required, can not be waived, and refundable upon approval from Public Works staff) $22.00/hr. during working hours and $35.00/hr. for overtime hours hrs Total$ Custodial charge shall be charges for set up, clean up and duration of event based on the events' estimated attendance as follows: 1-100 person lhr. set up and Ihr. clean up 101-157 2hr. set up and 2hr. clean up 158-300 3hr. set up and 3hr. clean up 301-472 4hr. set up and 4hr. clean up 473-610 5hr. set up and 5hr. clean up **PLEASE NOTE: ADDITIONAL CHARGE FOR TABLES AND CHAIRS S1.00 1'ER TABLE, S.75 PER CHAIR** Building use fee: $50.00-required, non waivable and non-refundable INSURANCE WILL BE REQUIRED, FOR ALL RENTALS. -6- North Hall Exit Exit Exit A. Martin Luther King Community Center 140 E. 12th Street National City, Ca. 91950 71 ft 65 ft South East North West => Exit Exit Exit Entrance — Two Double Doors Occupancy: Dance 470 Dine 225 -7- South Hall Martin Luther King Community Center 140 E. 12th Street National City, Ca. 91950 South1 East West North Exit 25 ft 4 Exit Entrance Double Doors ' Lund. Luhe.1, 67 Ft Occupancy: Dance 160 Dine 75 -8- - C.�--- (..:EHTIFKCATE OF LIABILITY INSURANCE osiivzo""° 4'"' THIS CSRTWICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ND RIMS UPON THE CERTIFICATE CERTINCATE DOE NOT AFFIIMAATIVE:1 OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 1113.0W. R0W. T S CCCATE OP INSURANCE DOES NOT COtISTITME A CONTRACT SE1WEEN ME ISSUING INSURER(. PRODUCER, AND THE CERTIFICATE HOWER. HOLDER. TIRE BY TEE POLICIES AUTHOR RIM � H the cordite* of B header is an ADDMONAL Its D. the paSe�s) aura be endorsed. If SUBROGATION 18 WAIVED. t too ky, whin toles may mph* an afdoraumasd A N In thisearBBade doss not confertlghla 16tM cattiest. holder In lieu of such smlawasnga MOWER LOCRTON COMPAWiffi,t.LC -K CHICAGO 525 W. Monroe. Suite 600 j; i ootataa Companies CHICAGOIL60661 * 1-800.421-3172 jaw* 1-312-681-6769 (312)669-6900 " ,` , .. Retaty� — assunanjemmeneareorneme woes a MED =LIMA: _ Westchester Fire Insurance Company All Arrive US Rotary Clubs & Districts n1 mum a: iofl o Management man Ave.aDepartment 156Brandt" e+Mawue: 1L60201-3698 nwuewo: aa1D9eRe: • ERER$I COVERAGES NORM NORMl CERTIFICATE NUMBER: REVISION NWIIII6Fb THIS 18 TO CERTIFY THAT THE PoUcIEB OF P1IIRANCE LISTED BELOW HAVE BEEN OWED TO THE DIMMED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINCI ANY REQUIREMENT', TERM OR CONDITION OF ANY CONTRACT OR OTHER DoctA nn— WITH Amour To WHICH THIS CERTIFICATE MAY BE OEM OR MAY EXCLUSIONS PERTAIN, THE INSURANCE AFFORDED BY THE POUTDESCRIBED HEREIN IS &EJECT TO Alt THE TEta11S, AND CONDITRONB OF SUCH PCLIpEB. LIMITS SHOWN NAY HAVE WIiTN REDUCED BY FAD OLAMME LLTA TYPE QetNOANDI MI seten Elf$ POICYMnlI AIM A X CONNER IM. AMARA UA1U4!Y 1 L.rala MI Cr23861355006 7l1i2014 -911t2015 ,; a ?- I W IEMAOE .. >#o. -�" Y X Liquor Liability - Am..IM f 500,000 Igo sweeten Whaled mesa FERacoALaanv a XlCXXXXX llibrLestmemsupsrarma mom . a 2.000,000 room oailllaLAmoIImLYe a 1A-0t10000 L_.I Inc u mom FRogwTB•L�rnPAG a 4.00ffm0 f A AUIONaaa$wM11Y mmatrie cm' ANY MHO PIE G23861355 ON 7l1/2014 7/1/]Al5_i� a IA0D-00D --" OCHEDUL® „wpm.. f X AIMS 60eLYaWAYEhlmdaeaR XXry,xxxxxxx f 7('XXYYYX rx IARtOAIIras' X Auras �M * IQDtXiCXX a noncom —OCOMMILIS tateas.ItlltAe �'OCCUR cumwoo 11LirAPPUCABLE EaCHoo . a xmarmac Aa IMNIME A XXICXXXX woman s : XXTCTCJC7CJt tetmalErtatusrtlAfailr Y FRONImonavamomagEOMM A0N!�mf0� NUT APPIICABLE - MlUTIl IVAK m�0ef11oEvt NJA P.LEACH ADDRAIrT $ xxxmorx }1Oa O�PION POIATEIABmar ELAMEASE-EJILIIWVEE $ XXX ICCIOL - aEAte-Feuer mar _AL a =Ma aladrPEONOYOP MI/UMA1bNINIAN EIM(AOMMIN.A$MmalllsaamaeMOARfrYtNalYOMir mwseroMINYWO • The Certificate Holder is included as Additional Insured where required by written and signed contract or permit subject to the terms and conditions of the General Liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. CERTIFICATE HOLDER CANCELLATION CITY ofNATIONAL CITY P.O. tar, 606 CA 91902 Bon stiOULDANY mule Aat UDaaalle®PDLICUSSECANOBLEDBeroNE THE LTIDtf DATE TNIKOF. NOTICE WRL BE DEMI= al ACOORDsma vas rim Piper pittemsloNS. 73116611n1114101MWAltfriy/ ACORD 25 2O1yb1) O tceo f61 OORPORAii618, The ACORD name and Ego as registered mace of *CORD AN rights -9- MONA RIOS, President August4, 2014 Engineering Dept. 1243 National City Blvd. National City, CA 91950 To Whom It May Concern: Rota r National Ci The National City Rotary Club is requesting the use of the South Room in the Martin Luther King Community Center, for our weekly luncheon meetings_ The South Room has been used since the mid 1990's by the Club. Except for holidays, the Club will meet every Tuesday, from noon-lpm. Due to set-up and clean-up we are requesting to have use of the room from 11am-1:30pm. The caterer comes to set-up at 11am, but her service is self contained and she does not use the kitchen. The membership consists of 20 members and an average of 15 meet regularly. The Rotary Club is a non-profit service organization that raises money to give back to the community. The projects the National City Rotary Club has sponsored or participated in are: $4,000.00 - National City Police Department School Supplies to National School District $600.00—Miss National City Educational Pageant $700.00 - Local Boys Scout Troops for Flag Program $150.00 — to adopt family for Thanksgiving $140.00 — Christmas trees for Wounded Warrior Program $1400.00 — Bikes and helmets for students at National City Middle School Award Ceremony $1000.00 - Scholarship to Sweetwater High School MCJROTC Program (2 students $500.00 ea) The Club also participated in the Christmas in July Program, and assisted with a sponsorship for the stage for the National City Relay for Life Event. Under the new leadership the focus will be working closely with Sweetwater High School to help with additional scholarships and leadership programs. We also will be providing and including Granger Jr. High School this year in the Bike and Helmet Award Ceremony. Favorable, consideration of the use of Martin Luther King Community Center, South Room, and the wavier of rental fees would be very much appreciated and go back into our community. Mona Rios, President (619) 994-0884 Email: riosmona.rios@gmail.com -10- CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR TIIE.USE OF POLICY 803 THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER NUMBER ADOPTED: August 10, 1993 AMENDED OR September 16, 2008 REVISED Purpose Page 1 of 3 To establish a.polic.y that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. ' Policy Certain City facilities may be available'forpublic meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services. to Na- tional Cityresidents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. ' Upon the recommendation of the Community Services Director, local non-profit organizations or groups which • routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E.12r" Street Granger Music Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Senior and Recreation Centers" CITY OF NATIONAL CITY -11- FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL The Martin Luther King, Jr. Community Center and Granger Music Hall are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr. Community. Center, and Granger Music Hall. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 121h Street 2. Granger Music Hall City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or. disability. 3 -13- GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority Fees and Deposits Exclusions Applicant Eligibility FACILITY RESERVATIONS Termination of Approved Use RATES 6 8 8 9 9 9 10 SPECIAL RATES 10 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit Cleaning Deposit Key Deposit 11 FEES Facility Use Fee PAYMENT General Kitchen Cleaning Facility Use 11 11 12 KEYS 12 SET-UP DIAGRAM DECORATING RESTROOMS 12 12 13 INDEMNIFICATION 13 INSURANCE 13 ALCOHOL REGULATIONS ..13 SECURITY 14 SMOKING 14 FINANCIAL STATEMENT 14 LOAN OF FACILITY EQUIPMENT .15 NON-DIS CRIMINATION 15 5 -15- CATEGORIES OF USE - BY PRIORITY Category Use Fees Required Approval I. City Events organized or No Fees Community Services Director II. City employee groups for official meetings. For other than official meetings, functions will Custodial Fees Community Services Director III. Educational Groups. Educational activities organized by any school Council Approved Rate City Council IV. Governmental Agencies Council Approved Rate City Council V. Civic Groups/Service Council Approved Rate City Council VI. Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) Council Approved Rate City Council . VII. Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non- profit organization is one whose articles of incorporation as non- profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of . current California taxes or a current exemption for Council Approved Rate City Council 6 the payment of these taxes by the State Franchise Tax Board. • VIII. Other. Proposed use not falling readily into one of the above use categories will. require City Council approval. Council Approved Rate City Council XL Private. National City residents who would like to use Granger Hall for weddings, parties, and special events. Council Approved Rate City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with 70% or ,More group members who reside in National City will he considered Resident Groups. 7 -17- CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees None None None None None A. Employee Custodial fees None None None None None M. Educational Group ' Council Approved Rate Required -Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable V. Civic/Service Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- . waivable Refundable Required Non - waivable Refundable VI. Advocacy Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivabie Refundable Required Non- waivable Refundable Required Non - waivable Refundable VII. Social Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable VIII Other Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable XI. Private Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. (Except Granger Hall) B) Commercial purposes, for personal financial gain C) Fundraisers or 'for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail salts. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. 8 APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants arc respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City stair will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action isnecessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 9 19- RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. SPECIAL RATES: Non -Profit Organizations- Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National Citv Senior Citizens' Organizations- A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check, Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or.a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) (MLK only) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (Sec Item #3 below) 10 -20- Key. Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #4 below) PAYMENT 1. General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant. 2. Kitchen (MLK only) A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff Or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staffer by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. 11 21 The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility -Use Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. 12 RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant must complete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies, which hold a current . policy holder's alphabetic and financial size category rating of not less than "A VIII" according to the current Best's Key Rating Guide, or a company with equal financial stability that is approved,by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which must be provided with the certificate of insurance prior to the event. A "Hold Harmless" agreement must be executed by the organizer or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City facility. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold orserved, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this 13 -23- coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older. The designated alcohol server must also be 2] years of age or older. Users must specify in detail the monitoring of alcohol consumption. • Also See "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. • Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. 14 LOAN OF FACILITY EOULPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the. Community Services Department at (619) 336-4290 during regular business hours. 15 -25- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;August 19, 2014 1 AGENDA ITEM NO. h ITEM TITLE: ;Notice of Decision — Planning Commission approval of a Conditional Use Permit for expansion of a convenience store at an existing gas station located at 2945 Highland Avenue. (Applicant: Paris Hagman, Architect) (Case File 2012-20 CUP) PREPARED BY: Michael Fellows! 144 PHONE: I336-4315 EXPLANATION: DEPARTMENT: APPROVED BY: The subject property consists of two parcels located at the northeast corner of Highland Avenue and East 30th Street in the MXC-2 zone. The 20,037 square -foot property is developed with a gasoline service station with a small convenience store, automotive repair garage, and four double -sided gas pumps. The applicant is proposing to expand the convenience store from 489 square feet to 2,056 square feet, including conversion of a 1,362 square -foot auto repair garage and a 202 square -foot addition. Planning Commission conducted a public hearing on August 4, 2014. Commissioners asked questions regarding curb cut closures, bus stop improvements, and pedestrian/automobile circulation. The Planning Commission voted to approve the Conditional Use Permit based on attached findings and subject to the Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Sructures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: 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: Baca, Bush, DeLaPaz, Garcia, Flores, Pruitt Absent: Alvarado! ATTACHMENTS: 1. Location Map 3. Resolution No. 15-2014 2. Planning Commission Staff Report 4. Reduced Plans' 2827 2824 Sweetwater Union High School MXC-1 0 2835 .+ 2828 MXC-2 2903 2904 2915 2914 2926 co w 4 - - •E- 30th St-' 3005 CD 2829 2843 RS 2 2903 2915 2910 2925 2914 2935 0 N W cm i L N MXD-2 3007 3007 • NM OM MN Subject Parcel Zone. Boundary e I I I !Feet 0 75 150 300 APN: 563-121-13, 26 Planning Commission Location Map 2012-20 CUP 0 7., 2 3,.14 1 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES 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 /Owner: Plans Prepared By: Zoning Designation: Parcel Size: Adjacent Land Use/Zoning: North: East: South: West: Environmental Review: Item no. 3 August 4, 2014 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF A CONVENIENCE STORE AT AN EXISTING GASOLINE SERVICE STATION AT 2945 HIGHLAND AVENUE. 2012-20 CUP Northeast corner of Highland Avenue and E. 30"' Street 563-121-13, 26 Michael Fellows — Planning Technician Windy Cove Incorporated Paris Hagman, Architect MXC-2 (Major Mixed -Use Corridor) 0.46 acres Automotive Accessories Installation / MXC-2 Residential Use / RS-2 Drive Through Restaurant across East 30th street / MXD-2 (Major Mixed -Use District) Sweetwater High School across Highland Avenue / I (Institutional) Categorically Exempt pursuant to Class 32 Section 15332 (In -Fill Development) 2 BACKGROUND Site Characteristics The subject property consists of two parcels located at the northeast corner of Highland Avenue and East 30th Street in the MXC-2 (Major Mixed Use Corridor) zone. The property totals 20,037 square -feet, providing 150 feet of frontage along Highland Avenue and 160 feet of frontage along 30th Street. The property is currently developed with a gasoline service station with a small convenience store, an automotive repair garage, and four double -sided gas pumps covered by a 2,000 square -foot canopy. Proposed Use The applicant is proposing to expand the convenience store from 489 square feet to 2,056 square feet. The proposed convenience store expansion would include conversion of a 1,362 square foot auto repair garage to retail space and a 202 square foot addition. The project would also include construction of a new trash enclosure, installation of a propane tank for retail sales, and relocation of a Healy vapor recovery tank. Lastly, the applicant proposes to construct three commercial units totaling approximately 2,000 square feet. Only the convenience store part of this request is subject to the Conditional Use Permit (CUP). The applicant had initially included alcohol sales with the application; however, the applicant has since modified the application to exclude alcohol sales. If approved, the current CUP would not confer any rights or approval involving the future sale of alcohol. The applicant has indicated that he may request alcohol sales in the future and has been informed that the request would require a new CUP application and public hearing. Analysis The MXC-2 zone permits gasoline service stations with convenience stores subject to a CUP. The existing gas station Tacks a CUP, as it was developed prior to the City's CUP requirement for gasoline service stations. Therefore, modification of the existing gas station site design and expansion of the convenience store requires a CUP. The General Pian's Health and Environmental Justice Element's Goal HEJ-4 provides for convenient access to fresh and healthy food, water, fruits, and vegetables for all segments of the community. The currently proposed convenience store will dedicate little area to healthy foods. General Plan Policy LU-2.6 supports development and redevelopment that creates jobs for all income levels. Both the proposed commercial area and construction would create additional job opportunities in the City. 3 General Plan Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future City needs. The expanded convenience store would provide a commercial service that is in demand by the public and will help support the existing gas station. Site Planning Adjacent to the previously discussed convenience store expansion, the applicant is also planning to construct two commercial additions east of the convenience store. The proposed additions include a 716 square foot portion north of the existing repair garage and a 1,212 square foot portion east behind the existing convenience store. Both additions would be built to the property line and not provide separation from the existing, neighboring buildings. The existing trash enclosure and the Healy vapor recovery unit are proposed to be relocated along the east property line. The applicant is also proposing a propane tank for retail sales near East 30th Street. All of these structures must be constructed to meet Fire Code. They will also all be screened by block walls that will be required to have siding similar to the proposed building. The property to the northeast is developed with a single family residence that is approximately 60 feet from the proposed additions and is zoned RS-2 (Small Lot Residential). The MXC-2 zone requires a setback equivalent to that of the neighboring residential zone be provided. The applicant proposes to maintain the existing eight -foot setback from the rear property line and provide a five-foot setback from the side property line. These setbacks are consistent with the Land Use Code. The applicant is also proposing to construct a five-foot high block wall to further reduce impacts on the neighboring residential property. The existing convenience store is located at the back of the property, behind the gas pumps. Site planning standards found in Land Use Code Section 18.30.190 state that convenience stores should be placed at the street frontage to improve pedestrian accessibility and to visually screen the gasoline pumps and canopies from street views. The existing gas station does not meet these standards since the auto repair/convenience store building is located behind the gasoline pumps and canopy. Staff requested that the applicant consider re -designing the project to be consistent with site planning standards by either placing the entire building or the proposed additions closer to the front property line. The applicant considered the request but found that both options required removal of nearly all structures on the site, including the underground fuel tanks. Staff agreed with the applicant's findings and ultimately determined that the proposed additions meet Land Use Code requirements, since the gas station is existing. 4 Site planning standards limit curb cuts to one per frontage. The existing gas station currently has two on each frontage. Staff suggested that the applicant close one curb cut entry per street to improve pedestrian safety at a corner frequently used for crossing by Sweetwater High School students. The applicant expressed concerns regarding the circulation of gas trucks and vehicles through the gas station if required to close entrances. The Planning Commission may opt to require a Condition of Approval requiring a curb cut be removed from each frontage. Parking Since the gas station is existing, the applicant is only required to provide additional parking for the new commercial additions and the convenience store expansion. The Land Use Code requires retail uses to provide 1 parking space per 250 square feet of lot area. This means that 16 parking spaces are required for 3,984 square feet of retail space. Plans currently provide 24 parking spaces that include 16 spaces for the commercial use and 8 spaces counting the space next to each gasoline pump. Architectural Desicgn The Land Use Code requires that the design of the gas station and convenience store conform to the existing character of the surrounding neighborhood through the use of similar form, materials, and colors. In this case, there is no dominant architectural style in the neighborhood. The existing building is a rectangular, flat roof building with red brick siding. The proposed building is a contemporary design that will blend better with Sweetwater High School that is located across the street from the subject property. The property owner and architect recently completed a remodel at the Valero gas station property located at 10 Osborne Street, which was approved by Planning Commission. This project will have a similar appearance to that project. The pump island canopy is required to be architecturally consistent with the main building. There are no changes proposed to the existing canopy. The Planning Department has added a Condition of Approval that the canopy use colors similar to the proposed building and that, if modified, the canopy will have a similar architectural style to the proposed building. Landscaping on site is in need of maintenance and improvement. The applicant is proposing to increase landscaped area on the property by: 1) Providing landscaping in front of the convenience store; 2) Widening the existing planter where the propane tank is proposed; and 3) Providing diamond planters adjacent to the north property line. If Planning Commission requires curb cuts to be closed, a Condition of Approval should be added requiring planters to be expanded to include the vacated driveway areas. 5 Conditions of Approval Standard comments were received from the Building and Fire Departments requiring the project to be constructed to meet the most recent Building and Fire Codes. Sweetwater High School had no comments on the proposed project. The Planning Department is requiring that irrigation and landscape plans be submitted and approved prior to building permit issuance, details of the trash enclosure and screen walls, and that the canopy be architecturally consistent with the building. Summary The expansion and remodeling of this property would have a positive impact on the business climate in the area. Consistent with General Plan policies, the expanded commercial area would provide services in demand by the community, and the additional businesses would create jobs for all income levels. RECOMMENDATION Approve 2012-20 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 25 property owners) 6. Site Photos 7. Applicant's Plans (Exhibit A, case file no. 2012-20 CUP, dated 6/25/14) MICHAEL FELLOWS BRAD RAULSTON Planning Technician Executive Director 6 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2012-20 CUP — 2945 Highland Avenue 1. That the proposed useis 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 gasoline service station with a convenience store is a conditionally permitted use in the MXC-2 zone and since proposed plans comply with provisions of the Land Use Code. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy LU 2.9 of the General Plan is to designate land for commercial, office, and service uses sufficient to meet future city needs. 3. That the design, location, size, and operating characteristics of the proposed activity would be consistent with the existing and future land uses in the vicinity, since the design, location, size, and operating characteristics of the existing gasoline service station and the expanded convenience store are consistent with characteristics of the MXC-2 zone. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the addition can be located on the lot with the required setbacks and parking is provided on the site. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the property is developed with an existinggasoline service station and the convenience store expansion and is not expected to create an appreciable increase in impacts including traffic, noise, or odor. 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. 7 RECOMMENDED CONDITIONS OF APPROVAL 2012-20 CUP — 2945 Highland Avenue General 1. This Conditional Use Permit authorizes the expansion of an existing convenience store at the Mobil Gasoline Station located at 2945 Highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2012-20 CUP, dated 6/25/2014. 2. 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. 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 the Land Use Code. 4. 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 the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said 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. Building/Fire 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 6. All Alterations to the existing and proposed expansion of the service station shall meet all current California Accessibility requirements. Engineering 7. 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 8 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. 8. 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. An approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resultingfrom this development. 10. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 9 12. The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 13.A sewer permit will be/may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 14. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 15. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically 250 square feet of sidewalk, 260 square feet of driveway apron and 10 linear feet of curb, & gutter. 17.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 18.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 19. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 20.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A 10 performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. Planning 21.A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Department prior to building permit issuance. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. 22. Building pen -nit plans shall show details of the trash enclosure, Healy vapor recovery system and propane tank screen walls. Details shall include finish materials and colors, including the doors and non-combustible trash enclosure cover. All screening walls must be of sufficient height to completely screen the tanks. 23. Any future changes to the gasoline canopy shall be consistent with the architectural design, materials, and colors of the proposed building. 24. Vehicle circulation patterns shall be subject to future review and potential modification (removal of curb cuts) if problems related to pedestrian ingress/egress are noted as a result of the proposed expansion. 11 RESOLUTION NO. 15-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A CONVENIENCE STORE AT AN EXISTING GAS STATION AT 2945 HIGHLAND AVENUE. CASE FILE NO.: 2012-20 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of convenience store at an existing gas station at 2945 Highland Avenue, at a duly advertised public hearing held on August 4, 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. 2012-20 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 August 4, 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 gasoline service station with a convenience store is a conditionally permitted use in the MXC-2 zone and since proposed plans comply with provisions of the Land Use Code. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy LU 2.9 of the General Plan is to designate land for commercial, office, and service uses sufficient to meet future city needs. 3. That the design, location, size, and operating characteristics of the proposed activity would be consistent with the existing and future land uses in the vicinity, since the design, location, size, and operating characteristics of the existing gasoline service station and the expanded convenience store are consistent with characteristics of the MXC-2 zone. 12 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the addition can be located on the lot with the required setbacks and parking is provided on the site. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the property is developed with an existing gasoline service station and the convenience store expansion and is not expected to create an appreciable increase in impacts including traffic, noise, or odor. 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 the expansion of an existing convenience store at the Mobil Gasoline Station located at 2945 Highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2012-20 CUP, dated 6/25/2014. 2. 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. 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 the Land Use Code. 4. 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 the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shalt 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. 13 Building/Fire 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 6. All Alterations to the existing and proposed expansion of the service station shall meet all current California Accessibility requirements. Engineering 7. 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. 8. 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. An approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban. Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. The property owner, or its successors - and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11.A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include 14 the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 12.The existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 13.A sewer permit will be/may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 14. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 15.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically 250 square feet of sidewalk, 260 square feet of driveway apron and 10 linear feet of curb, & gutter. 17.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering. Department as soon as filed. 18.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 15 19. Street improvements shall be in accordance with the City Standards. .AII missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 20.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. Planning 21.A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Department prior to building permit issuance. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. 22. Building permit plans shall show details of the trash enclosure, Healy vapor recovery system and propanetank screen walls. Details shall include finish materials and colors, including the doors and non-combustible trash enclosure cover. All screening walls must be of sufficient height to completely screen the tanks. 23.Any future changes to the gasoline canopy shall be consistent with the architectural design, materials, and colors of the proposed building. 24. Vehicle circulation patterns shall be subject to future review and potential modification (removal of curb cuts) if problems related to pedestrian ingress/egress are noted as a result of the proposed expansion. 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. 16 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August, 2014, by the following vote: AYES: Garcia, Baca, Bush, Pruitt, Flores, Dela Paz NAYS: None ABSENT:Alvarado ABSTAIN: NONE CHAIRMAN 17 SI 0 HIGHLAND AVE. MOBIL e*Y OONV!NeION a Aoomod 7e46NNeLAND AVL NATIONAL CITY. CA. WINS 11 3 : E ' ppp'4 4111 aa s 9a�i 17 a9€� 1 le €iOsi �� 5111 4 Ph � 9 Ya7p8 9=� 4 9 9 a HAGMAN & ASSOCIATES AJt. 10.0.(etlifeRn6 /06•1•17.1DE • ADJACENT BUILDINGS _ 19%42 ISAIEMIXDFIK L N4K.' Lp • • pi EXISTING SITE PLAN HIGHLAND AVE. ••••••nowv • • north • icrtrolosecoma st.a. mos mew TmZ BLOCK A/QUIST: moen•cAnor rfttemc cori•rno•Ac USIE Maar KM ILMMER=ON.4 METIADDITION, • HOW EXISTING SITE PLA1Y flfffopijflt AMICATIONDAT• REVISIONDATIk RIVISIONON• M•400/1 DATE OZ 5 N 7NIF { • • A i y f ,III 1p i8 7� 1 iti y i R i c ii it I II 11 1 SPM 209" i HIGHLAND AVE. MOBIL BAY CONVIOONON & ADDRION 2941 NKNILAND AVL NATIONAL CRY. CA. MOO HAGMAN & ASSOCIATES Al ccarracmea & PLANNING Illy W. aawaons .sl1(nuc0. CA. f Th1 IZ CD CD r rY 11 s Y 0 rn 4 3 two ms a a r Va. . f7 a r L _L socgoka sen Ba' a 0 0 C 4. rn ,sf c ii HIGHLAND AVE MOBIL SAY OOINE7NI40114 ADDITION 7oq HIGHLAND AY6 NATIONAL CRY, CA. NNW HAGMAN & ASSOCIATES &actu RLTOR6 & PLANING lsiW..aWOQ.sr,3An pmoo.cA.sna tsts! swssv SECTION B-B ELEVATION KEY NOTES MTi%N. fA4M[5 STICGO-EXPO STINT() FROMM PANAMA !WRY INTEGRAL MUM STIECO-ESM SNEC0 ^AQNIGIS -IMF NONA A OORARW S ff VENEER PER RS/ [SR-1216 OSUCCO CORNICE TNEAIVOIT-OAEU SNGM FROOUETS - 113 SMRENTO SIGVAOE (OY OTRTS) Oi AUAI. SIL.OIRMT. FACTORY ANODITEU NORTH ELEVATION TITLE BLOCK RJ T: R10DD OSSIMINIT O CDSIM[EDNAL EWEEIMITPDR wIiwAY V9ENSLI NLM ADDITTDNR 61.NEW DIRPE1196R. ELEVATIONS & SECTIONS DNTDINALAPRINATIDNDATEI REVISION OAT& PEVO:ION DATE: IIER6ION DATIL RV NOTES: 1. ALL LANDSCAPE AND IRRIGATION AREAS SHALL CONFORM PITH THE CITY OF NATIONAL CRY'S LANDSCAPE REGULATIONS AND THE LAND DEVELOPMENT LANDSCAPE STANDARD: THE CITY OF NA110NAL CITYS PLANNED DISTRICT: AND ALL OTHER CITY AND REGIONAL STANDARDS L MULCH: ALL REWIRED PLANTING AREAS SHALL RE COVERED PITH MULCH TO MIN. DEPTH OF 2'. EXCLUDING SLCPES REWIWNG REVEOETA11ON AND AREAS PLANNED PITH 0ROUNDCOVER. AU. EXPOSED SOIL AREAS PITHOUT VEGETATION SHALL A150 UE MULCH TO THOS MIN. DEPTH. 3. MAINTENANCE ALL REWIRED LANDSCAPE AREAS SHALL BE MAINTAINED UY O'MIER.THE LANDSCAPE AREAS SHALL BE MAINTAINED FREE OE DEBRIS AND UTTER AND ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY GROPING CONDOM. DISEASED OR DEAD PLANT MATERIAL SHALL 8E SATISFACTORILY TREATED ON REPLACED PER THE CONDITIONS OF THE PERMIT. MINIMUM DISTANCE TO STREET TREES TRAFIIG SIGNALS (STOP SIGN)-2D feet 7, UNDERGROUND UTILITY LINES — 5 feet ABOVE GROUND UTILITY STRUCTURES —10 feet DRIVEWAY(ENTRIES)-10 feet INTERSECTIONS ( ietersectlnq curb tines of Iwo streets) — 25 fee SEWER LINES — 10 feet SYMBOL 0 1 O PLANT LIST BOTANICAL/COMMON NAME QUANTITY/512E--"- JACARANDA AWTFOLIA JACARANDA LAGERS1ROMIA INDICA CRAPE MYRTLE 3-24' 80X 20' X 30' DEOD. 24.' BOX 18' X 20' DECO. ARECASTRUM ROAANZOFFIANUM QUEEN PALM 7-10' B.T,H.A—D VERT. EVER.; WASHINGTONIA ROBUSTA MEXICAN FAN PALM 10' 8.T.H, A—D VERT. EVER. HEMEROCAWS H1BR10 AGAPANDAUS 'PETER PAN' PITTOSPCRUM WHEELER! PENNISEIUTA SETACEJM LIGUSTRUM TEXANUM LANTANA SELO/NANA PELARGONIUM PELTATLIM RAPKKXJPIS INDICA CLARA PITTOSPORUM TOBIRA VAR. VAYt9.Y LILY OF THE NILE WHEFLRS DWARF FOUNTAIN GRASS WAX LEAF PRIVET TRAIUNG LANTANA IOU GERANIUM INDIA HAWTHORN MOCK ORANGE 129-1 GAL 30-5 GAL 30-5 GAL 24-5 GAL 28-5 GAL LANDSCAPE PI1AN III-10' north A1. 4116 u w C,w< a'mw ik�Li.F✓1 "�♦r �Q"�iZAfI 'Lawman I11 I —1 Ae HIGHLAND AVE ett TITLE BLOCK R1WRIfAT1OW tl1 CTn N. s,091M rPRtAs4RTT1RIA DATCO ERRYWINA NRW ADMNONA k waneDpp6MPRs, CONCEPTUAL LANDSCAPING PLAN ORIGINAL APPucen N maw MS4MON DAT. REV16gNDAM MNIMON DAM NY Mit e A F.le Ji 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19, 2014 AGENDA ITEM NO. 32 ITEM TITLE: Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas Trees, Inc. at Westfield Plaza Bonita Mall from September 26, 2014 thru November 2, 2014 with no waiver of fees.] PREPARED BY: IVianey Rivera j DEPARTMENT: Neigh PHONE: j(619) 336-4364 APPROVED BY: EXPLANATION: This is a request from Pinery Christmas Trees to host the annual Pumpkin Station at Plaza Bonita Mall from September 26, 2014 thru November 2, 2014. Daily hours will be from 10 a.m. to 9 p.m. Pumpkin Station will be located on the westside parking lot #1 of the mall adjacent to Ring Road. This event is a pumpkin patch and a children's carnival combined which will include children's rides, games, free entertainment on Saturday and Sunday with magicians, ventriloquist, jugglers, and a live animal show and puppet show. ices Division Private security will be present during high -traffic periods and mall security will be used as well. This is the 10th year for the Pumpkin Station at Plaza Bonita Mall. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. IAPPROVED: MIS rThe City has incurred $237.00 for processing the TUP, plus $400.00 for Fire permits fees Total fees are $637.00 j ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. j i Type of Event: _ Public Concert Fair _ Festival _ Parade _ Demonstration _ Circus Motion Picture Grand Opening Other Event Title: Pct/'t(/' Event Location: e130 /744 Z 4 Pe to /�a2 m to Qf a Event Date(s): From Actual Event Hours: _Community vent _ Block Party Total Anticipated Attendance: Participants Spectators) Setup/assembly/construction Date: /ft Start time: $' 7 Please describe the scope of your setup/assembly work (specific details): ,,i, de IT 71� Cam 01•40_ 5 Dismantle Date: "/3' '(• Completion Time: 5 a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. �nQ Sponsoring Organization: 1;34Qr 145,'4/2“ Chief Officer of Organizatio (Nam yfyj s, XDSE.40AC Applicant (Name): 4.7474I 4i2 cc, las Is' Address: APZLS eFieeek✓/QL)L 1 •, V4nJ7PSa Cyr 94i3J Daytime Phone: ( j5 - 7y4 ,4, Evening Phone: ( ) Fax: i �'.S�n'f76 E-Mail: A 514O1f,✓-2 i''' - h • Re, Cr/V7 Contact Person "on site" day of the event:AZ 64, "Arc Cellular: in -6I$• J 7D NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? _ YES, NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): s/aO oe D Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 11 D1 D00 Estimated Expenses'for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. _ YES _ 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 NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event? If yes, please describe: Pi teJ<NSI CI t L.d v,4,1 ►^IeIRI It 3gvrJ. 51 SOck 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. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. XYES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES . NO WiII the event involve the use of the .0.t 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: .s (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) nTables # 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 (X Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusio of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: a Describe your plan for clean-up and re val of w ste and garbage during/and aft r the event: prZvir 3-� /i.ii a.5 n 4 d Ple e d scribe your procedures for both Crowd Con�t-rfoll and Internal Security: 1/A�.r �j Os in Yi / _ YES NO Have you hired any Professional Security organization to handle security arrang ents 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 ill minted to a7s�ure §afety of the participants and spectators: s%r / ,S ue aLp f']Qr, S S±Yi ,r Li h X I ylit lt/er5 Plea jndi te what arrang-ment • have made f� prov'• ing Fir-t Ai. Staffing and Equip nt„__/ PIe sdescribe your Accessibilit� a y�lan forraccess at your event by individuals with disabilities: 7 f'1 e 1^r�.� �7 Gi n ,t', r� 7704.1 ., Pletaise provide a detailed description of yo r PARKING plan: U. s.,I� „4.6Ln . pq�,C,ex.- 4. P14Z faPX/4f !.�7- S • ffem Please describe your plan for DISABLED PARKING: G/,>4D Y - Please describe your ans to notify all residents, businesses and churches impacted by the event: l'),� NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ YES YES O 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: O Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm O 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: YESXNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: yYES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 See 44 / 4 f. OC City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to//this permit. ' Organization !�'1.P Y Ch Y/ S rolac S l � --1 h C Person in Charge of Activity Mt i'(e ea A, Address /C76 krIZOD.C.r/B•.J L M) d Cat Fia /3/ Telephone a F t'' (8 '/%a i Date(s) of Use CP/ — "4,1/T' 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 Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined. We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, bumble bee swing ride, lil' toot ride, inflatable slide, inflatable pumpkin jump, and petting zoo. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (3 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Toe, and Ping Pong Toss with a winner every time. Pumpkin Station also offers Group Packages to local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkins from 1# size to Bodacious Pumpkins weighing over 150#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. Sipnaae We have 2 signs — on at our entrance (4' X 8') and one on our storage trailer (10' X 40'). Experience This is our 16th year of experience operating Pumpkin Station —1 year at Plaza Camino Real in Carlsbad,11 years at Mission Valley Shopping Center in San Diego and 11 years at Bonita Plaza Shopping Center 7 years at Parkway Plaza in El Cajon and 7 years at the Del Mar Fairgrounds. Wslfiek[ July 24, 2013 City of National City Building & Safety Department 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Pumpkin Station — Westfield Plaza Bonita To whom it may concern: hereby authorize Norm Osborne, acting as representative of Pinery Christmas Trees, Inc., to operator a business known as Pumpkin Station in parking lot #1 at Westfield Plaza Bonita during the dates of September 15, 2014 — November 6, 2014. Norm Osborne has permission to install temporary power to poles in parking lot #1 to provide power during the temporary use time if adequate power is not already in place. Norm Osborne will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita. Please feel free to call me if you have any questions at 619.267.2850. Sincere! Izam�• rn . ndez-. ook, RPA Ge Manager Cc: retailers file ACORii CERTIFICATE OF LI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AME POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CO AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFIC IMPORTANT: HMG certificate holder is an ADDITIONAL INSURED, the 1 termsand conditions of the policy, certain policies may require an end certificate holder in lieu of such endorsement(s). PRODUCER McNeil and Company Insurance Services 78900 Avenue 47 Suite 208 La Quinta CA 92253 INSURED Pinery Christmas Trees Inc., DBA: Pumpkin Station PO Box 26070 San Diego CA 92196 COVERAGES CERTIFICATE NUMBER: ABILITY INSURANCE DATE IMMIDDNWY) AND CONFERS NO RIGHTS UPON THE CERTIFICATE ND, EXTEND OR ALTER THE COVERAGE AFFORDED MSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), ITE HOLDER. 03/20/2014 HOLDER. BY THE lolicy(las) must be endorsed. If SUBROGATION IS WAIVED, subject to the moment. A statement on this certificate does not confer rights to the CONTACT Osmo Leine Arc,p (760) 360-4100 (760) 423-1331 Ie a ADDRESS y. olaine@mcneilandcompany.com rROOnMF: 1D. 242756 INSURERISI AFFORDING COVERAGE INSURER A: Burlington Insurance Company NAICa 23620 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQU REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE ADDL SUER POLICY EFF ` NNIN—WV� POUCY NUMBER IMMM//DD A GENERAL LIABIUTY X COMMERCIAL GENERAL LIABILITY �CLAIMS-MADE I ]OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY n 039,1_ AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREO AUTOS NON -OWNED AUTOS imm _ UMBRELLA UAB EXCESS UAB DEDUCTIBLE RETENTION 5 LOC Y HGL0037651 3/19/14 IMM/DOYIYYXP YYI 3/19/15 LIMITS EACH OCCURRENCE PREMISES (Ea occunence) MED EXP (Any one person) PERSONAL B ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) 1,000,000 50,000 $ 5,000 s 1,000,000 $ 2,000,000 $ 2,000,000 S BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 5 5 5 OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY y IN ANY PROPRIET RIPARTNER/EXECUTIVE (manadatury In rExCLUDED? N II DESsCRIPTION OF OPERATIONS below N/A DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Addhional Remarks Schedule, H more space le required) *10 Day Notice of Cancellation for Non -Payment of Premium. Certificate holder is added as Additional Insured per form GSG G 010 08 09. CERTIFICATE HOLDER EACH OCCURRENCE AGGREGATE $ $ $ I T'P&,1111;4-, I 1 E.L. EACH ACCIDENT 5 a E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 5 City of National City 1243 National City Blvd, National City ACORD 25 (2009/09) CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSUREDS BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you agreed, because of a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Part, but only: 1. With respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" or maintenance, operation or use of facilities owned or used by you; and 2. When such written contract, written agree- ment or permit is fully executed prior to an "occurrence" in which coverage is sought under this policy. B. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. 2. To any lessor of equipment if: a. The "occurrence" takes place after the equipment lease expires; or b. The "bodily injury", "property damage" or "personal and advertising injury" arises out of the sole negligence of the lessor. GSG-G-010 08 09 3. To any engineer, architect or surveyor if the "bodily injury", "property damage' or "personal and advertising injury" arises out of the rendering of or the failure to render any professional services by or for you, including: a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or b. Supervisory, inspection or engineering services. 4. To any: a. Owners or other interests from whom land has been leased; or b. Managers or lessors of premises if: (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily injury", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. 5. To any person or organization included as an insured under Paragraph 3. of Section II - Who Is An Insured. Includes copyrighted material of Page 1 of 1 ISO Properties, Inc., with its permission. 4 , - ! . , I I I . . I. 1 : ... _ r , i _.. , _ 4._ 1 . t . .._ I- !--1'mL L - - i I 1 4 -I. , i ; r!sti341 7tiA 1 1_ 1_ I t- 1 I- I L i 1. 1 • i I I f 1-.....- .-...i. 1_ i (1- ! 1 , r . .. _ L L 1.. I i - ! 4 ' - i - - I A - _ L i L L 41-- , r , t . • . , L. I__ • -1- L__ __ 1 1 I _ r _ T-fL I L_ LI 1. L r 1 -7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Pinery Christmas Tree, Inc. EVENT: Pumpkin Station DATE OF EVENT: September 26 thru November 2, 2014 TIME OF EVENT: 10 a.m. to 9 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY 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 ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments. RISK MANAGER (619) 336-4370 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. PUBLIC WORKS (619)366-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division 1. The Parks Division has no involvement Street Division 1. The Street Division has no involvement Facilities Division 1. The Facilities Division has no involvement FINANCE The business license is current. Approved with no stipulations 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. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) Fire hydrants and fire department connections shall not be blocked or obstructed at any time. 6) Exit to be maintained in an obstructed manner at all times. Exit way to be clear of all obstructions. 7) Exits to be posted - EXIT. 8) No open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted - NO SMOKING. 9) Extinguishers to be mounted in a visible location between 31/s' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopv. Please see attached example. 12)Automobiles and other internal combustion engines shall be a minimum distance of twenty feet (20) from all tents and canopies. 13)Any electrical power used is to be properly grounded and approved by the Building Official. Extension cords shall be used as "temporary Wiring" only. 14)If tents or canopies are used, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame spread 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 15)Bales of Straw and Corn Stalks shall meet the requirements for "Flame Propagation and Flame Spread". Proof of product used shall be furnished to the National City Fire Department prior to opening day. An inspection and test on materials used will be required prior to opening 16)A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 17)Fees can only be waived by City Council. 18)First Aid will be provided by organization Note: Organizer shall contact the National City Fire Department for cost associated with tents / canopies which will be used for this event If you have any questions please feel free to contact me. POLICE The PD has no stipulations on the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured's, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 19, 2014 ITEM TITLE: Relocation of Christmas in July from 2101 Hoover Avenue and consideration of a short-term lease between the City of National City and Christmas in July for up to two large metal storage containers for program supplies. AGENDA ITEM NO. 23 PREPARED BY: Carlos Aguirre, Community Dev. Mgr.' DEPARTMENT: PHONE: 1619-336-4391' ►yranagement APPROVED EXPLANATION: The warehouse at 2101 Hoover Avenue in National City has been "red tagged" by the City's Building Department, and is therefore no longer available for occupancy due to safety. The large pre- fabricated metal warehouse currently at 2101 Hoover Avenue was paid for by funds granted to the City through the State of California Code Enforcement Grant Program. The warehouse was part of a larger code enforcement strategy in which Christmas in July had a role as a community partner. Staff has been actively coordinating with Christmas in July to explore options for relocation. In consideration of the services Christmas in July commits to providing for the public benefit of National City residents, staff is recommending that City Council consider entering into a short-term lease with Christmas in July to provide up to two large metal storage containers for their supplies. Several sites are under review for the ultimate location of the containers. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable. ENVIRONMENTAL REVIEW: Not Applicable.' ORDINANCE: INTRODUCTION: FINAL ADOPTION: Housing, Grants, & Asset APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Direct staff to return with a new 12-month lease agreement for provision of up to two, large storage containers. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 'Done.