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2014 11-18 CC HA AGENDA PKT
RON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd National City 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIU COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, NOVEMBER 18, 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-HA Agenda 11/18/2014 - Page 3 OPEN TO THE PUBLIC ***CITY COUNCIL*** CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS 1. New Employee Introduction - Audrey Denham, Recreation Superintendent 2. ITE San Diego Section "Public Agency of the Year Award" (Engineering & Public Works) 3. Presentation - Update on 2014 Mid -Year Stats (Police) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 4. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Approval of the Minutes of the 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 October 21, 2014. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Sixth Amendment to the Agreement for Legal Services between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, the City of National City, and Best Best & Krieger, LLP, for the defense in the Community Youth Athletic Center legal challenge to increase the not to exceed amount by $225,000 for a total not -to -exceed amount of $787,500. (City Attorney) CC/CDC-HA Agenda 11/18/2014 — Page 4 7. Resolution of the City Council of National City approving and authorizing the Mayor to sign an Encroachment Agreement with Restructure Petroleum Marketing Services of California (RPMS-CA) for the installation of three ground water monitoring wells in the public right-of-way along Palm Avenue and "Q" Avenue adjacent to E. 4th Street, and in the alley adjacent to "Q" Avenue between E. 4th Street & E. 5th Street. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for Amendment of Temporary Use Permit — Amendment No. 1, prepared by the San Diego Unified Port District, to extend the term of the Permit to November 29, 2015 to allow for construction staging on Port District land during construction of the National City Aquatic Center (Waterfront Adventure Center) (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the sale of the decommissioned 1996 Central States Quint fire truck to the sister city of the City of Tecate for $7,000. (Fire) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the HOME CHDO Funding Agreement dated October 30, 2012 between the City of National City and San Diego Habitat for Humanity Community Housing Corporation, Inc. for the construction and/or rehabilitation of single family residential housing in the City of National City extending the term of the Agreement to June 30, 2017. (Housing, Grants, and Asset Management) 11. Temporary Use Permit —7th Annual Tree Lighting Ceremony hosted by the Community Services Department on December 11, 2014 from 5 p.m. to 8 p.m. at Morgan Square & Brick Row, between "A" Avenue and National City Boulevard. This is a City sponsored event under Policy No. 804. (Neighborhood Services) 12. Warrant Register #13 for the period of 9/17/14 through 9/23/14 in the amount of $552,816.81 (Finance) 13. Warrant Register #14 for the period of 9/24/14 through 9/30/14 in the amount of $2,124,852.75 (Finance) 14. Warrant Register #15 for the period of 10/01/14 through 10/07/14 in the amount of $1,395,731.08 (Finance) 15. Warrant Register #16 for the period of 10/08/14 through 10/14/14 in the amount of $2,038,517.84 (Finance) PUBLIC HEARINGS CC/CDC-HA Agenda 11/18/2014 —Page 5 ORDINANCES FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City repealing Chapter 10.63 of the National City Municipal Code regulating sex offenders' proximity to children's facilities. (City Attorney) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc., extending the agreement for investment management and advisory services to November 15, 2015. (Finance) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with E2 ManageTech, Inc. to increase the not -to -exceed amount of the Agreement by $300,000 and extend the term of the Agreement one year to December 2, 2015. Services are required to assist staff with obtaining regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the Westside Infill Transit Oriented Development (WI-TOD) Project site located at 2100 and 2020 Hoover Avenue, pursuant to the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP (Engineering/Public Works) 19. Resolution of the City Council of the City of National City authorizing the purchase of a new ladder truck for the National City Fire Department for $1,033,889 and the establishment of an appropriation of $1,033,889 in the Equipment Replacement Fund. (Fire/Finance) 20. Resolution of the City Council of the City of National City opposing the closure of Traffic Court Operations in the South County (Chula Vista). (Police) 21. Resolution of the City Council of National City waiving the bid process pursuant to section 2.60.260 of the National City Municipal Code by utilizing the Agreement between 3M Library Systems and Oak Creek Public Library, and authorizing the Mayor to execute an agreement by and between the City of National City and 3M Library Systems for the purchase and installation of an International Standards Organization (ISO) Radio Frequency Identification (RFID) Tag and Theft Detection System from 3M Library Systems in the not -to -exceed amount of $81,301 for the National City Public Library. (Library) CC/CDC-HA Agenda 11/18/2014 — Page 6 NEW BUSINESS 22. Request to use Martin Luther King Jr. Community Center (North & South Rooms) by National City College Campus Lions Club for their 7th annual Spirit of the Holidays toy and food giveaway to needy families of National City, on Saturday, December 20, 2014. Applicant anticipates approximately 300-350 families/children will be attending this year's event. The applicant is requesting a waiver of fees. (Engineering & Public Works) 23. Temporary Use Permit — "Christmas with Kids" hosted by Christmas with Kids National City at 223 E. 3rd Street on December 25, 2014 from 7 a.m. to 11:30 a.m. The applicant has requested a waiver of fees. (Neighborhood Services) 24. Report to the City Council regarding implementing attendance requirements as a condition of serving on Boards, Commissions, and Committees. (City Attorney) 25. Report, discussion, and direction pertaining to Chapter 10.63 of the National City Municipal Code regulating sex offenders' proximity to children's facilities. (City Attorney) ***COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY*** PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 26. Report on the City's Co -Sponsored 7th Annual Halloween Tower of Terror. (Fire) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting - City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - December 2, 2014 - 6:00 p.m. - Council Chambers - National City, California CC/CDC-HA Agenda 11/18/2014 — Page 7 City Council/Community Development/Housing Authority of the City of National City Meeting Schedule for the Period December 2, 2014 through January 20, 2015: December 02 - Regular Meeting December 16 - Regular Meeting January 06 - (Dispense with meeting) January 20 - Regular Meeting Item # 1 November 18, 2014 New Employee Introduction Audrey Denham Recreation Superintendent ITEM # 2 11-18-14 ITE SAN DIEGO SECTION PUBLIC AGENCY OF THE YEAR AWARD (ENGINEERING & PUBLIC WORKS) ITEM # 3 11/18/14 PRESENTATION -UPDATE ON 2014 MID -YEAR STATS (POLICE) uoi6ai o6aia ues auk ui awiao soi}side}S 171-OZ aeaA-piW sauaiao xapul I9d 1' 1,0Z-£ 1,0Z uaannlaq awpo Apadoid u! aseaaou! %V I, d 0Z-0I.0Z uaanni.aq awpo Apadoid u! aseaaoap %g br p 40Z-£ 1.0Z uaann}aq awpo 4uaIo!n u! aseaaoap %LZ V I,0Z-0I.0Z ueellixleq awpo lualo!A u! aseaaoap %6£ v 171,OZ-£ I.OZ uaann;aq awpo u! aseaaoap (yogi, UV 1.0Z-01.0Z uaanngaq awpo le;off u! aseaaoap %p u v :40 aa4es a aq sanuguoo Apo Ieuo!leN smogs t'i.OZ aoj podaj awpo aeaA-pm s,OeaNVS AJaJwns ewpj Jac) Annualized FBI Index Crime Rates by Jurisdiction* San Diego Region Mid -Year 2010, 2013, 2014 * Crime rates are calculated annually. Mid -year numbers are doubled and compared to previous years for a projected 2014 crime rate. Table 2 ANNUALIZED FBI INDEX CRIME RATES PER 1,000 POPULATION BY JURISDICTION San Diego Region, Mid -Year 2010, 2013, and 2014 Carlsbad 18.67 21.60 18.38 -2% -15% Chula Vista 23.88 23.58 21.00 -12% -11% Coronado 22.51 22.09 27.96 24% 27% El Cajon 31.20 31.97 24.41 -22% -24% Escondido 34.46 27.02 25.67 -26% -5% La Mesa 44.55 34.85 34.41 23% 1 % 39:80 - 55 14%' 447 Oceanside 27.14 30.53 26.71 -2% -13% San Diego 28.43 27.57 24.65 -13% -11% Sheriff - Total 19.39 19.06 16.82 -13% -12% Del Mar 29.32 42.39 29.53 1 % -30% Encinitas 19.32 22.12 17.59 -9% -20% Imperial Beach 21.96 19.70 19.78 -10% <1 % Lemon Grove 28.59 25.36 28.72 <1 % 13% Poway 13.34 14.37 10.87 -19% -24% San Marcos 22.82 18.36 17.49 -23% -5% Santee 19.17 25.73 19.52 2% -24% Solana Beach 23.47 26.18 17.25 -27% -34% Vista 27.02 25.66 23.68 -12% -8% Unincorporated 16.43 15.45 13.48 -18% -13% 45 Ranch 10.80 9.87 8.07 -25% -18% Alpine 15.48 18.16 12.96 -16% -29% Faltrook 22.09 14.10 17.96 -19% 27% Lakeside 17.50 20.76 14.87 -15% -28% Ramona 17.30 10.72 9.61 -44% -10% Spring Valley 23.68 16.98 14.99 -37% -12% Valley Center 18.50 19.15 17.06 - -8% -11% TOTAL 26.22 25.68 22.82 -13% -11% 3 soUUsi•eiS tLOZ Jeac-p1NJ JVaNVS 'UO Sinia 1paeaseH aoiTsnr Ieu011110 :aoanoS paledwo3 sauaiao luelo!A peJodeJ lo eqwnu auk ui aseanap %Z.Z e Pau 40 leuowN `t7LOZ Jo Is41 auk ul sie4ol OW!Jo 1UOIo!A Apo IauogPN Jo Al!o SjJOJJ3 III t7IOZ £GOZ O1OZ a11U3 3 ua1o!A p t' 1.0Z '8 `£ IOZ `01.OZ :: JeaA-pm `uo!6eJ o6ei uIS Al13 1VNOIIVN - S31N1'80 1N31OIi1 X3C1NI 183 OS 001 0S1 OOZ osZ FBI INDEX VIOLENT CRIMES - NATIONAL CITY San Diego Region, Mid -Year :: 2010, 2013, & 2014 0S8 NO LOIOST111 M2 SMk3 XOM10:21 - 8 sJoalunIon ea!Iod 1inaaa� ssauaaoMa uo!Tuanaad aW!J3 °seaaau' senpopd luewTaadeO 6uweTs peonpaH aaub!u %017 s! uo!leindod awiq/Ce0 saauospd ales Jo 1u8Wu0!loaI :ewLao 6ugoa4J.a. saoped %171, uMop si ewpo /pedoad %LZ uMop ss ewuo TUeIO!A JeeJC-p!W paaedwoo %9 L uMop Il2aan0 Criminal Justice Research Division, SANDAG Crime in the San Diego Region Mid -Year 2014 Statistics September 2014 Cynthia Burke, Ph.D. Division Director SARL 401 B Street Suite 800 San Diego, CA 92101 (619) 699-1900 SANDAG CI BULLETIN BOARD OF DIRECTORS SAN The 18 cities and county government are SANDAG serving as the forum for regional decision -making. SANDAG builds consensus; plans, engineers, and builds public transit; makes strategic plans; obtains and allocates resources; and provides information on a broad range of topics pertinent to the region's quality of life. CHAIR FIRST VICE CHAIR Hon. Jack Dale Hon. Jim Janney CITY OF CARLSBAD Hon, Matt Hall, Mayor (A) Hon. Michael Schumacher, Councilmember (A) Hon. Lorraine Wood, Councilmember CITY OF CHULA VISTA Hon. Cheryl Cox, Mayor (A) Hon. Pamela Bensoussan, Deputy Mayor (A) Hon. Rudy Ramirez, Councilmember CITY OF CORONADO Hon. Michael Woiwode, Councilmember (A) Hon. Al Ovrom, Councilmember (A) Hon. Casey Tanaka, Mayor CITY OF DEL MAR Hon. Terry Sinnott, Councilmember (A) Hon. Lee Haydu, Mayor (A) Hon. Al Corti, Deputy Mayor CITY OF EL CAJON Hon. Bill Wells, Mayor (A) Hon. Gary Kendrick, Councilmember CITY OF ENCINITAS Hon. Lisa Shaffer, Councilmember (A) Hon. Teresa Barth, Councilmember (A) Hon. Tony Kranz, Deputy Mayor CITY OF ESCONDIDO Hon. Sam Abed, Mayor (A) Hon. Ed Gallo, Councilmember (A) Hon. John Masson, Councilmember CITY OF IMPERIAL BEACH Hon. Jim Janney, Mayor (A) Hon. Ed Spriggs, Councilmember (A) Hon. Brian Bilbray, Councilmember CITY OF LA MESA Hon. Kristine Alessio, Vice Mayor (A) Hon. Ruth Sterling, Councilmember (A) Hon. Mark Arapostathis, Councilmember CITY OF LEMON GROVE Hon. Mary Teresa Sessom, Mayor (A) Hon. Jerry Jones, Mayor Pro Tem (A) Hon. George Gastil, Councilmember CITY OF NATIONAL CITY Hon. Ron Morrison, Mayor (A) Hon. Luis Natividad, Vice Mayor (A) Hon. Alejandro Sotelo=Solis, Councilmember CITY OF OCEANSIDE Hon. Jack Feller, Councilmember (A) Hon. Gary Felien, Councilmember (A) Hon. Jerry Kern, Councilmember CITY OF POWAY Hon. Don Higginson, Mayor (A) Hon. Jim Cunningham, Councilmember (A) Hon. John Mullin, Councilmember CITY OF SAN DIEGO Hon. Kevin Faulconer, Mayor (A) Hon. Marti Emerald, Councilmember (A) Hon. Myrtle Cole, Councilmember Hon. Todd Gloria, Council President (A) Hon. Sherri Lightner, Councilmember (A) Hon. Lorie Zapf, Councilmember CITY OF SAN MARCOS Hon. Chris Orlando, Councilmember (A) Hon. Jim Desmond, Mayor (A) Hon. Rebecca Jones, Vice Mayor SECOND VICE CHAIR EXECUTIVE DIRECTOR Hon. Don Higginson Gary L. Gallegos CITY OF SANTEE Hon, Jack Dale, Councilmember (A) Hon. John Minto, Councilmember (A) Hon. Rob McNelis, Vice Mayor CITY OF SOLANA BEACH Hon. Lesa Heebner, Deputy Mayor (A) Hon. Mike Nichols, Councilmember (A) Hon. David A. Zito, Councilmember CITY OF VISTA Hon. Judy Ritter, Mayor (A) Hon. John Aguilera, Deputy Mayor (A) Hon. Amanda Rigby, Councilmember COUNTY OF SAN DIEGO Hon.. Ron Roberts, Supervisor (A) Hon. Dave Roberts, Supervisor (A) Hon. Greg Cox, Supervisor Hon. Dianne Jacob, Chairwoman (A) Hon. Bill Horn, Vice Chair ADVISORY MEMBERS IMPERIAL COUNTY • Hon. John Renison, Supervisor, District 1 (A) Hon. Bill Hodge. Mayor, City of Calexico CALIFORNIA DEPARTMENT OF TRANSPORTATION Malcolm Dougherty, Director (A) Laurie Berman, District 11 Director METROPOLITAN TRANSIT SYSTEM Harry Mathis, Chairman (A) Hon. Al Ovrom NORTH COUNTY TRANSIT DISTRICT Hon. Bill Hom, Chairman (A) Hon. Ed Gallo (A) Hon. Mike Nichols U.S. DEPARTMENT OF DEFENSE CAPT Darius Banaji, CEC, USN, Commanding Officer Naval Facilities Engineering Command Southwest (A) CAPT Richard L. Whipple, CEC, USN, Executive Officer Naval Facilities Engineering Command Southwest SAN DIEGO UNIFIED PORT DISTRICT Hon. Bob Nelson, Chairman (A) Hon. Dan Malcolm, Commissioner SAN DIEGO COUNTY WATER AUTHORITY Tom Wornham, Chairman (A) David Barnum, Director SOUTHERN CALIFORNIA TRIBAL CHAIRMEN'S ASSOCIATION Hon. Allen Lawson, Chairman, San Pasqual Band of Diegueho Indians Hon. Robert Smith, Chairman, Pala Band of Mission Indians MEXICO Hon. Remedios Gomez-Arnau, Consul General of Mexico (A) Hon. Francisco J. Olivarrla, Deputy Consul General of Mexico Rev. 082914 CRIME IN THE SAN DIEGO REGION MID -YEAR 2014 STATISTICS INTRODUCTION Since 1980, SANDAG has been compiling and reporting regional crime statistics for San Diego County and remains the only local source for regional statistics not available at the national level. This summary presents information regarding how many and what types of crimes were reported to local law enforcement in the first half of 2014 and how these numbers compare to prior years. These data are useful to local law enforcement agencies as they track the effectiveness of their prevention and response efforts on jurisdictional and regional crime rates. As Figure 1 shows, since 2010, there has been variation in the number of violent and property crimes reported across the first six months of the calendar year, both in comparison to one another and over time, with annual decreases for both violent and property crime in the first half of 2011 compared to 2010, (-8% and -11%, respectively), prior to the implementation of AB 109 (realignment)' in October 2011, followed by jumps in both (9% and 8%) in the first six months of 2012. During the first half of 2013 and 2014, the number of violent crimes decreased to some degree (-1%), but while the number of property crimes increased from the first half of 2012 to 2013 (5%), it actually decreased (-13%) from 2013 to 2014. Over the past decade, criminologists and law enforcement professionals have cited a number of possible reasons for the historic drops in crime. When local law enforcement leaders were queried about why property crime was down in the first half of 2014, despite increases in the first half of the two prior years, a number of themes emerged, including proactive and collaborative efforts to ensure compliance with community supervision conditions by ex -offenders, the use of forensic technology to link and identify individuals ' As part of public safety realignment, the responsibility for supervising, housing, and rehabilitating certain felons was transferred from state to local counties. More information about realignment in San Diego County is available at www.sdcounty.ca.gov/probation/ccp.html. 3 associated with serial property crimes, working more closely with the community in crime prevention efforts, and utilizing cross -jurisdictional intelligence -led policing to identify and target prolific offenders and address crime trends as they appear. Figure 1 ANNUAL MID -YEAR CHANGES IN THE NUMBER OF VIOLENT AND PROPERTY CRIME REPORTED IN THE SAN DIEGO REGION 0% -5% -10% -15% Jan -June 2010 to 2011 9% 8% Jan -June 2011 to 2012 Realignment -11% Oct 2011 Jan - June 2012 to 2013 -6% 5% E Violent r- Property SOURCE: SANDAG, 2014 Jan -June 2013 to 2014 -1% -13% HIGHLIGHTS I he recL 1 's 2014 1 l i ear violent C HJae 1: _, nbc.s 'LOU() populat or; as 11g decease 1 tio-n 2013 (3.4!_)), CieLlinics„'!le nirn-bcns of reported homicides and robbe 2es (-10�; ), .bat c eas.e> Funaber of rapes (2.Lrifio and acgrava t o -sear - In copa ison, ti'C "CoiOn'S 11-rich-ye'a I�rcI rate capped co ddderaul`t (-13fromi m d ,'e 201 to 10.40 at m:d-year 201z-, decreases in the number of burglaries larcenies, ( '% , ;rind. rnotor vehicle ti efs -12 that vrere reported to law enforcement. INSIGHTS: HOMICIDES VIOLENT CRIME • A total of 5,400 Part I violent crimes were reported to local law enforcement agencies in the region between January and June 2014 (Tables 1 and 6), an average of 30 per day (not shown). Part I violent crimes include homicide, rape, robbery, and aggravated assault. • There were 38 homicides in the first half of 2014, a drop of seven percent from mid -year 2013 when 41 occurred (Tables 1 and 8). • The number of rapes reported across the region increased 20 percent to 376 in the first half of 2014, from 314 in 2013 (Table 1). While assaults on females by possible serial offender(s) appear to be on the rise at the time of the publication of this Bulletin, this large increase does not reflect a trend at this point, as this increase follows a 16 percent drop from 2012 to 2013, a 27 percent increase from 2011 to 2012, and three prior decreases (-9%, -9%, and -12%) from 2008 through 2011. The percent of reported rapes that were completed (versus attempted) was 74 percent at mid -year 2014, the same proportion as 2013, but smaller than the 85 percent in 2010, possibly suggesting better reporting (not shown). • The number of robberies decreased during the first half of 2014 to 1,331 from 1,473 in the first half of 2013, a ten percent decline (Tables 1 and 8). • The 3,655 aggravated assaults reported during the first six months of 2014 represented a one percent increase from the prior year (3,605) (Tables 1 and 8). • A total of 8,331 domestic violence incidents were reported to law enforcement the first half of 2014. This was an increase of four percent from mid -year 2013 (8,019) and a decrease of two percent from mid -year 2010 (8,544) (not shown). 4 In. the first half of 2014, the 38 homicides reported equated to about one every five days. Figure 2 shows the number of homicides that were documented b! law enforcement by month in 2013 and 2014 across the region. Figure 2 NUMBER OF HOMICIDES BY MONTH FOR THE SAN DIEGO REGION 0 1 3 12 11 Jan Feb March April May June —4-•2013 w ;_ —2014 For the 12 homicides where motive could already be determined, half (6) involved an argument, one-third (4) a domestic violence incident, and one each was attributed to gangs or a lover's triangle. For the 35 homicides where a location was identified, around half (51 %) occurred at a residence, 29 percent on a street or in a parking lot, and 20 percent in other locations (that included commercial areas, public use areas, and vehicles). • For the 32 where a weapon could be determined, 59 percent involved a firearm, 22 percent a knife or other sharp object, and 19 percent a personal weapon, blunt object, or strangulation/hanging. • The population of the San Diego region is 3.15 million and there were 41 homicides at mid- year 2013 and 38 at mid -year 2014. For comparison purposes, Los Angeles, with a population of 3.86 million, had 133 homicides at mid -year 2013; and Chicago, with a population of 2.71 million, had 179 homicides during the same six-month period. SOURCE: SANDAG, 2014 • Across the 19 jurisdictions, the number of violent crimes decreased (since the same time period one year ago) in 11 jurisdictions, increased in 5, and 3 had numbers too small to calculate thepercent change. Decreases ranged from 2 percent (in Chula Vista) to 29 percent (in Imperial Beach) (Table 6). PROPERTY CRIME • A total of 30,549 property crimes were reported to local law enforcement in the first half of 2014 (Tables 1 and 7). Sixty-five percent (65%) were larcenies, 19 percent burglaries, and 16 percent motor vehicle thefts (not shown). • The 5,747 burglaries reported in the San Diego region in the first half of 2014 represented a decrease of 17 percent from the first half of 2013 (when there were 6,921). Both residential and non-residential burglaries decreased to the same degree (-17% each). (Tables 1 and 8). • The number of larcenies reported in the region at mid -year 2014 (19,798) represented a 12 percent drop from mid -year 2013, after two years with increases. Both petty theft (estimated value of items stolen $400 and under) and grand theft decreased (by -8% and -17%, respectively) (Tables 1 and 8). • Motor vehicle theft also decreased from mid- year 2013 to 2014. The drop from 5,655 vehicles stolen in 2013 to 5,004 in 2014 represented a twelve percent decline (Tables 1 and 8). • There were 216 arsons reported by law enforcement in the first half of 2014, up from 179 for the first half of 2013, an increase of 21 percent (Tables 10 and 11). • Across the jurisdictions, the number of property crimes decreased in 16 of the 19 jurisdictions, ranging from -3 percent (in La Mesa) to -37 percent (in Del Mar) (Table 7). 5 INSIGHTS: OTHER PROPERTY CRIME CHARACTERISTICS Burglary Almost two-thirds (62%) of burglaries reported in the first half of 2014 were from a residence, not a non -residence (Figure 3). • Over half (52%) of burglaries at mid -year 2014 involved entry through an open door or window, 34 percent were forced, and 11 percent were unsuccessful (not shown). Figure 3 NUMBER OF BURGLARIES BY TYPE 6,000 - 5,150 5,000 - 4,000 3,000 - 2,000 - 1,000 - 0 4,813 4,590 4,553 4,693 4,460 4,598 4,613 4,291 3951 3855 3,712 3,7303,67ti 2,361 2,332 2,233 3,568 2,179 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 --0-.Residential -4:" Non -Residential Larceny • At mid -year 2014, 40 percent of all larcenies involved property worth $400 or more (grand theft) (Figure 4). 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Figure 4 NUMBER OF LARCENIES BY TYPE 88'721 17,459 16,172 15,715 14,50413,354 13,315 12,569 12,970 11,816 11,902 9,566 10,134 9,951 341 R..6f'-....6:. 52 9,469 8,' 9,591 9,31"" 7,578 8,023 7,882 8,489 7,896 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 -NI-. Petty Theft -1,- Grand Theft SOURCE: SANDAG, 2014 BACKGROUND The ability for SANDAG to analyze data and produce reports on crime trends for the region relies upon a cooperative agreement with each local law enforcement agency. SANDAG obtains crime data from every agency on a monthly basis, enabling the agency to present regional crime data in a timely manner. Crimes are categorized according to the FBI's standardized Uniform Crime Reporting (UCR) guidelines for law enforcement agencies across the country. Reported crimes are tallied in ARJIS according to the date of data entry, which may or may not reflect the day of occurrence. It should be noted that while local law enforcement agencies strive to tabulate their statistics in a timely fashion, data entry delays sometimes occur, which may affect statistics. The mid -year crime rates per 1,000 residents are estimated by multiplying the number of crimes reported between January and June by two and dividing that number by the population which has been divided by 1,000. The statistics presented in this CJ Bulletin include crime rates and numbers for San Diego County and individual jurisdictions for the first half of 2014. Comparisons are made to prior years. The number and type of crimes that are reported can be influenced by several factors, including the degree of opportunity to commit crimes in a given jurisdiction, which can be related to the amount of commercial land use and ease of access to the area. Crime statistics for January through December 2014 are expected to be available in April 2015. If you have any questions about these numbers, please contact the Criminal Justice Research Division at (619) 699-1900. For more information about the SANDAG Criminal Justice Clearinghouse, please visit our website at www.sandag.org/cj. 6 10.00 - 9.00 - 8.00 - 0 7.00 3 6.00 a a- 5.00 0 0 4.00 `v 3.00 - A 2.00 - cc 1.00 - 0.00 4.79 Figure 5 ANNUALIZED VIOLENT CRIME RATE Mid -Year 2004-2014 3.75 3.45 2004 2005 I T 1 I 1 1 I 2006 2007 2008 2009 2010 2011 2012 2013 2014 NOTES: The violent crime rate includes reported homicides, rapes, robberies, and aggravated assault. SOURCES: California Department of Finance; SANDAG Demographic/Economic Estimates, December 2013 40.00 , c30.00 to a 220.00 - o 0 0 a`r10.00 a 0.00 32.87 Figure 6 ANNUALIZED PROPERTY CRIME RATE Mid -Year 2004-2014 22.47 22.23 9.40 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 NOTES: The property crime rate includes reported homicides, rapes, robberies, and aggravated assault. SOURCES.' California Department of Finance; SANDAG Demographic/Economic Estimates, December 2013 7 Table 1 FBI INDEX OFFENSES San Diego Region, Mid -Year 2010, 2013, and 2014 Violent Crime Homicide 31 Rape 336 Robbery 1,679 Aggravated Assault 3,759 Total Violent Crimes 5,805 Property Crime 41 314 1,473 3,605 5,433 38 376 1,331 3,655 5,400 Burglary - Total 6,959 6,921 5,747 -17% -17% Residential 4,598 4,291 3,568 -22% -17% Non -Residential 2,361 2,630 2,179 -8% -17% Larceny - Total 21,338 22,439 19,798 -7% -12% Over $400 8,023 9,469 7,896 -2% -17% $400 and Under 13,315 12,970 11,902 -11% -8% Motor Vehicle Theft 6,474 5,655 5,004 -23% -12% Total Property Crimes 34,771 35,015 30,549 -12% -13% TOTAL FBI INDEX 40,576 40,448 35,949 -11% -11% TOTAL CCI 19,238 18,009 16,151 -16% -10% NOTES: The FBI index of crimes includes homicide, rape, robbery, and aggravated assault in the violent category,' it includes burglary, larceny, and motor vehicle theft in the property category. The California Crime Index (CCI) includes all FBI Index offenses except larceny theft. SOURCE: SANDAG 8 Table 2 ANNUALIZED FBI INDEX CRIME RATES PER 1,000 POPULATION BY JURISDICTION San Diego Region, Mid -Year 2010, 2013, and 2014 Carlsbad Chula Vista Coronado El Cajon Escondido La Mesa National City Oceanside San Diego Sheriff - Total Del Mar Encinitas Imperial Beach Lemon Grove Poway San Marcos Santee Solana Beach Vista Unincorporated 45 Ranch Alpine Fallbrook Lakeside Ramona Spring Valley Valley Center TOTAL 18.67 23.88 22.51 31.20 34.46 44.55 39.12 27.14 28.43 19.39 29.32 19.32 21.96 28.59 13.34 22.82 19.17 23.47 27.02 16.43 10.80 15.48 22.09 17.50 17.30 23.68 18.50 26.22 21.60 23.58 22.09 31.97 27.02 34.85 39.80 30.53 27.57 19.06 42.39 22.12 19.70 25.36 14.37 18.36 25.73 26.18 25.66 15.45 9.87 18.16 14.10 20.76 10.72 16.98 19.15 25.68 18.38 21.00 27.96 24.41 25.67 34.41 33.55 26.71 24.65 16.82 29.53 17.59 19.78 28.72 10.87 17.49 19.52 17.25 23.68 13.48 8.07 12.96 17.96 14.87 9.61 14.99 17.06 22.82 -2% -12% 24% • -22% -26% -23% -14% -2 % -13% - 13% 1% -9 % -10% <1% -19% -23% 2% -27% -12% -18% -25% -16% - 19% -15% -15% -11% 27% -24% -5 % -1% -16% -13% -11% -12% - 30% - 20% <1% 13% - 24% -5 % - 24% - 34% -8% - 13% - 18% - 29% 27% - 28% -44% -10% -37% -12% -8% -11% -13% -11% NOTES: The FBI Crime Index includes homicide, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. "Sheriff - Total" includes the contract cities and the unincorporated area served by the San Diego County Sheriff's Department, as well as crime reported in the Sheriffs "other" category that includes the Sheriff's detention facilities, courts staffed by the Sheriff, and crimes reported to the Sheriff that were determined to have occurred in a city not served by the Sheriff or at a location for which jurisdiction could not be determined. As of September 2013, the Sheriff's "other" category included crimes occurring in the Grossmont/Cuyamaca Community College District; and in May 2014, it included the San Diego County Administration building and surrounding park area. "Unincorporated" includes 45 Ranch (began reporting separately July 2007), Alpine, Fallbrook, Lakeside, Ramona, Spring Valley, and Valley Center, as well as the unincorporated areas for which crime data are not individually shown (Campo, Julian, Pine Valley, Ranchita, and the unincorporated areas of Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, and Vista). The annualized crime rate per 1,000 population reflects the number of incidents reported in the first six months of the year, times two, divided by the population which has been divided by 1,000. Percent changes are not presented if either comparison number used to compute the crime rate equals 30 or less. Populations used to compute crime rates reflect the most current finalized California Department of Finance estimates, December 2013. SOURCES.' California Department of Finance,• SANDAG Demographic/Economic Estimates December 2013 9 Table 3 ANNUALIZED FBI INDEX VIOLENT CRIME RATES PER 1,000 POPULATION BY JURISDICTION San Diego Region, Mid -Year 2010, 2013, and 2014 Carlsbad Chula Vista Coronado El Cajon Escondido La Mesa National City Oceanside San Diego Sheriff - Total Del Mar Encinitas Imperial Beach Lemon Grove Poway San Marcos Santee Solana Beach Vista Unincorporated 4S Ranch Alpine Fallbrook Lakeside Ramona Spring Valley Valley Center TOTAL 1.83 1.94 1.87 2% -4% 2.72 2.37 2.32 -15% -2% 1.05 0.60 0.52 -- 3.74 3.28 3.74 0% 14% 4.60 3.67 3.36 -27% -8% 3.57 2.71 3.26 -9% 20% 7.51 6.25 4.59 -39% -27% 3.90 4.10 3.99 2% -3% 4.26 3.79 3.91 -8% 3% 3.24 3.26 3.10 -4% -5% 2.40 2.86 4.76 2.29 2.38 1.95 -15% -18% 5.09 5.43 3.85 -24% -29% 6.64 5.71 4.93 -26% -14% 1.67 1.85 1.94 16% 5% 2.98 2.41 2.30 -23% -5% 2.40 3.13 2.54 6% -19% 3.58 2.46 1.23 4.16 4.70 3.95 -5% -16% 2.87 2.48 2.52 -12% 2% 0.23 0.96 1.17 2.20 1.59 2.36 7% 48% 3.25 2.48 2.90 -11% 17% 4.30 3.10 3.47 -19% 12% 2.84 2.04 1.93 -32% -5% 4.51 4.41 2.87 -36% -35% 3.19 3.62 4.51 41% 25% 3.75 3.45 3.43 -9% -1% NOTES: The FBI Crime Index includes homicide, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. "Sheriff - Total" includes the contract cities and the unincorporated area served by the San Diego County Sheriff's Department as well as crime reported in the Sheriff's °other" category that includes the Sheriff's detention facilities, courts staffed by the Sheriff, and crimes reported to the Sheriff that were determined to have occurred in a city not served by the Sheriff or at a location for which jurisdiction could not be determined. As of September 2013, the Sheriff's "other" category included crimes occurring in the Grossmont/Cuyamaca Community College District; and in May 2014, it included the San Diego County Administration building and surrounding park area. "Unincorporated" includes 45 Ranch (began reporting separately July 2007), Alpine, Fallbrook, Lakeside, Ramona, Spring Valley, and Valley Center, as well as the unincorporated areas for which crime data are not individually shown (Campo, Julian, Pine Valley, Ranchita, and the unincorporated areas of Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, and Vista). The annualized crime rate per 1,000 population reflects the number of incidents reported in the first six months of the year, times two, divided by the population which has been divided by 1,000. Percent changes are not presented if either comparison number used to compute the crime rate equals 30 or less. Populations used to compute crime rates reflect the most current finalized California Department of Finance estimates, December 2013. SOURCES: California Department of Finance; SANDAG Demographic/Economic Estimates December 2013 10 Table 4 ANNUALIZED FBI INDEX PROPERTY CRIME RATES PER 1,000 POPULATION BY JURISDICTION San Diego Region, Mid -Year 2010, 2013, and 2014 Carlsbad Chula Vista Coronado El Cajon Escondido La Mesa National City Oceanside San Diego Sheriff - Total Del Mar Encinitas Imperial Beach Lemon Grove Poway San Marcos Santee Solana Beach Vista Unincorporated 4S Ranch Alpine Fallbrook Lakeside Ramona Spring Valley Valley Center TOTAL FBI INDEX PROPERTY 16.85 19.66 16.52 -2% 21.15 21.21 18.68 -12% 21.46 21.49 27.44 28% 27.46 28.69 20.66 -25% 29.86 23.34 22.32 -25% 40.97 32.14 31.14 -24% 31.61 33.55 28.96 -8% 23.25 26.43 22.72 -2% 24.17 23.78 20.75 -14% 16.15 15.79 13.72 -15% 26.92 39.53 24.77 -8% 17.04 19.74 15.64 -8% 16.87 14.27 15.93 -6% 21.96 19.64 23.79 8% 11.67 12.52 8.94 -23% 19.84 15.95 15.19 -23% 16.77 22.60 16.97 1% 19.90 23.72 16.02 -20% 22.86 20.95 19.74 -14% 13.56 12.98 10.96 -19% 5.46 8.92 6.90 26% 13.28 16.57 10.61 -20% 18.84 11.63 15.06 -20% 13.20 17.67 11.40 -14% 14.46 8.67 7.68 -47% 19.17 12.57 12.13 -37% 15.30 15.53 12.55 -18% 22.47 22.23 19.40 -14% - 16% - 12% 28% -28% -4% -3 % -14% -14% -13% -13% -37% -21% 12% 21% -29% -5% -25% -32 % - 6% - 16% -23% -36% 29% - 35% -11% -4% - 19% -13% NOTES: The FBI Crime Index includes homicide, rape, robbery, aggravated assault burglary, larceny, and motor vehicle theft. "Sheriff - Total" includes the contract cities and the unincorporated area served by the San Diego County Sheriff's Department, as well as crime reported in the Sheriffs "other" category that includes the Sheriff's detention facilities, courts staffed by the Sheriff, and crimes reported to the Sheriff that were determined to have occurred in a city not served by the Sheriff or at a location for which jurisdiction could not be determined. As of September 2013, the Sheriff's 'other" category included crimes occurring in the Grossmont/Cuyamaca Community College District; and in May 2014, it included the San Diego County Administration building and surrounding park area. "Unincorporated" includes 45 Ranch (began reporting separately July 2007), Alpine, Fallbrook, Lakeside, Ramona, Spring Valley, and Valley Center, as well as the unincorporated areas for which crime data are not individually shown (Campo, Julian, Pine Valley, Ranchita, and the unincorporated areas of Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, and Vista). The annualized crime rate per 1,000 population reflects the number of incidents reported in the first six months of the year, times two, divided by the population which has been divided by 1,000. Percent changes are not presented if either comparison number used to compute the crime rate equals 30 or less. Populations used to compute crime rates reflect the most current finalized California Department of Finance estimates, December 2013. SOURCES: California Department of Finance; SANDAG Demographic/Economic Estimates December 2013 11 Table 5 FBI INDEX CRIMES BY JURISDICTION San Diego Region, Mid -Year 2010, 2013, and 2014 Carlsbad Chula Vista Coronado El Cajon Escondido La Mesa National City Oceanside San Diego Sheriff - Total Del Mar Encinitas Imperial Beach Lemon Grove Poway San Marcos Santee Solana Beach Vista Unincorporated 45 Ranch Alpine Fallbrook Lakeside Ramona Spring Valley Valley Center Other Sheriff California Highway Patrol Calif. State University San Marcos San Diego State University University of California San Diego San Diego Harbor Police California State Parks TOTAL 982 1,169 995 1% -15% 2,912 2,966 2,642 -9% -11% 278 256 324 17% 27% 1,552 1,606 1,226 -21% -24% 2,480 1,971 1,873 -24% -5% 1,271 1,015 1,002 -21% -1% 1,146 1,171 987 -14% -16% 2,271 2,585 2,262 <-1% -13% 18,503 18,282 16,349 -12% -11% 8,298 8,328 7,350 -11% -12% 61 89 62 2% -30% 575 669 532 -7% -20% 289 261 262 -9% <1% 362 324 367 1% 13% 319 349 264 -17% -24% 956 799 761 -20% -5% 512 708 537 5% -24% 151 170 112 -26% -34% 1,266 1,222 1,128 -11% -8% 3,690 3,543 3,091 -16% -13% 49 93 76 55% -18% 218 262 187 -14% -29% 564 370 471 -16% 27% 456 550 394 -14% -28% 305 194 174 -43% -10% 845 616 544 -36% -12% 226 238 212 -6% -11 117 194 234 100% 21% 38 70 45 18% -36% 23 28 31 337 305 253 -25% -17% 288 378 265 -8% -30% 179 280 309 73% 10% 18 38 36 -5% 40,576 40,448 35,949 -11% -11% NOTES: The FBI Crime Index includes homicide, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. "Sheriff - Total" includes the contract cities and the unincorporated area served by the San Diego County Sheriff's Department, as well as crime reported in the Sheriff's "other" category that includes the Sheriff's detention facilities, courts staffed by the Sheriff, and crimes reported to the Sheriff that were determined to have occurred in a city not served by the Sheriff or at a location for which jurisdiction could not be determined. As of September 2013, the Sheriff's 'other" category included crimes occurring in the Grossmont/Cuyamaca Community College District; and in May 2014, it included the San Diego County Administration building and surrounding park area. "Unincorporated" includes 4S Ranch (began reporting separately July 2007), Alpine, Fallbrook, Lakeside, Ramona, Spring Valley, and Valley Center, as well as the unincorporated areas for which crime data are not individually shown (Campo, Julian, Pine Valley, Ranchita, and the unincorporated areas of Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, and Vista). The annualized crime rate per 1,000 population reflects the number of incidents reported in the first six months of the year, times two, divided by the population which has been divided by 1,000. Percent changes are not presented if either comparison number used to compute the crime rate equals 30 or less. Populations used to compute crime rates reflect the most current finalized California Department of Finance estimates, December 2013. SOURCE: SANDAG 12 Table 6 FBI INDEX VIOLENT CRIMES BY JURISDICTION San Diego Region, Mid -Year 2010, 2013, and 2014 Carlsbad Chula Vista Coronado El Cajon Escondido La Mesa National City Oceanside San Diego Sheriff - Total Del Mar Encinitas Imperial Beach Lemon Grove Poway San Marcos Santee Solana Beach Vista Unincorporated 45 Ranch Alpine Fallbrook Lakeside Ramona Spring Valley Valley Center Other Sheriff California Highway Patrol Calif. State University San Marcos San Diego State University University of California San Diego San Diego Harbor Police California State Parks TOTAL 96 105 101 5% -4% 332 298 292 -12% -2% 13 7 6 186 165 188 1% 14% 331 268 245 -26% -9% 102 79 95 -7% 20% 220 184 135 -39% -27% 326 347 338 4% -3% 2,773 2,515 2,590 -7% 3% 1,385 1,425 1,354 -2% -5% 5 6 10 — 68 72 59 -13% -18% 67 72 51 -24% -29% 84 73 63 -25% -14% 40 45 47 18% 4% 125 105 100 -20% -5% 64 86 70 9% -19% 23 16 8 195 224 188 -4% -16% 644 568 578 -10% 2% 2 9 11 31 23 34 10% 83 65 76 -8% 17% 112 82 92 -18% 12% 50 37 35 -30% -5% 161 160 104 -35% -35% 39 45 56 44% 24% 70 158 180 157% 14% 6 5 6 1 4 1 -- 21 13 18 4 3 2 -- 9 15 29 -- -- 0 0 0 5,805 5,433 5,400 -7% -1% NOTES: The FBI Crime Index includes homicide, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. "Sheriff -Total" includes the contract cities and the unincorporated area served by the San Diego County Sheriffs Department, as well as crime reported in the Sheriff's "other" category that includes the Sheriff's detention facilities, courts staffed by the Sheriff, and crimes reported to the Sheriff that were determined to have occurred in a city not served by the Sheriff or at a location for which jurisdiction could not be determined. As of September 2013, the Sheriff's "other" category included crimes occurring in the Grossmont/Cuyarnaca Community College District; and in May 2014, it included the San Diego County Administration building and surrounding park area. "Unincorporated" includes 45 Ranch (began reporting separately July 2007), Alpine, Fallbrook, Lakeside, Ramona, Spring Valley, and Valley Center, as well as the unincorporated areas for which crime data are not individually shown (Campo, Julian, Pine Valley, Ranchita, and the unincorporated areas of Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, and Vista). The annualized crime rate per 1,000 population reflects the number of incidents reported in the first six months of the year, times two, divided by the population which has been divided by 1,000. Percent changes are not presented if either comparison number used to compute the crime rate equals 30 or less. Populations used to compute crime rates reflect the most current finalized California Department of Finance estimates, December 2013. SOURCE: SANDAG 13 Table 7 FBI INDEX PROPERTY CRIMES BY JURISDICTION San Diego Region, Mid -Year 2010, 2013, and 2014 Carlsbad 886 Chula Vista 2,580 Coronado 265 El Cajon 1,366 Escondido 2,149 La Mesa 1,169 National City 926 Oceanside 1,945 San Diego 15,730 Sheriff - Total 6,913 Del Mar 56 Encinitas 507 Imperial Beach 222 Lemon Grove 278 Poway 279 San Marcos 831 Santee 448 Solana Beach 128 Vista 1,071 Unincorporated 3,046 4S Ranch 47 Alpine 187 Fallbrook 481 Lakeside 344 Ramona 255 Spring Valley 684 Valley Center 187 Other Sheriff 47 California Highway Patrol 32 Calif. State University San Marcos 22 San Diego State University 316 University of California San Diego 284 San Diego Harbor Police 170 California State Parks 18 TOTAL 34,771 1,064 894 1% 2,668 2,350 -9% 249 318 20% 1,441 1,038 -24% 1,703 1,628 -24% 936 907 -22% 987 852 -8% 2,238 1,924 -1% 15,767 13,759 -13% 6,903 5,996 -13% ' 83 52 -7% 597 473 -7% 189 211 -5% 251 304 9% 304 217 -22% 694 661 -20% 622 467 4% 154 104 -19% 998 940 -12% 2,975 2,513 -18% 84 65 38% 239 153 -18% 305 395 -18% 468 302 -12% 157 139 -45% 456 440 -36% 193 156 -17% 36 54 15% 65 39 22% 24 30 292 235 -26% -20% 375 263 -7% -30% 265 280 65% 6% 38 36 -- -5% 35,015 30,549 -12% -13% -16% -12% 28 % -28% -4% -3 % - 14% - 14% -13% -13% -37% -21 % 12% 21% - 29% - 5 % -25% -32 % - 6% -16% - 23% -36% 30% -35% -11% -4% -19% 50% -40% NOTES: The FBI Crime Index includes homicide, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. "Sheriff - Total" includes the contract cities and the unincorporated area served by the San Diego County Sheriff's Department, as well as crime reported in the Sheriff's "other" category that includes the Sheriff's detention facilities, courts staffed by the Sheriff, and crimes reported to the Sheriff that were determined to have occurred in a city not served by the Sheriff or at a location for which jurisdiction could not be determined. As of September 2073, the Sheriffs "other" category included crimes occurring in the Grossmont/Cuyamaca Community College District- and in May 2074, it included the San Diego County Administration building and surrounding park area. 'Unincorporated" includes 45 Ranch (began reporting separately July 2007), Alpine, Fallbrook, Lakeside, Ramona, Spring Valley, and Valley Center, as well as the unincorporated areas for which crime data are not individually shown (Campo, Julian, Pine Valley, Ranchita, and the unincorporated areas of Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, and Vista). The annualized crime rate per 1,000 population reflects the number of incidents reported in the first six months of the year, times two, divided by the population which has been divided by 1,000. Percent changes are not presented if either comparison number used to compute the crime rate equals 30 or less. Populations used to compute crime rates reflect the most current finalized California Department of Finance estimates, December 2013. SOURCE: SANDAG 14 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Table 8 NUMBER OF CRIMES BY OFFENSE San Diego Region, Mid -Year 2004 - 2014 71 415 1,715 4,867 7,068 5,150 3,951 9,101 9,566 18,721 28,287 11,160 48,548 43 405 1,856 4,306 6,610 4,813 3,712 8,525 10,134 17,459 27,593 12,504 48,622 66 364 2,074 4,237 6,741 4,553 3,855 8,408 9,951 16,172 26,123 11,901 46,432 53 321 2,153 4,072 6,599 4,590 3,730 8,320 9,591 15,715 25,306 12,047 45,673 49 405 1,969 3,778 6,201 4,693 3,678 8,371 9,341 14,504 23,845 10,186 42,402 39 369 1,931 3,917 6,256 4,460 2,703 7,163 7,578 13,354 20,932 7,109 35,204 31 336 1,679 3,759 5,805 4,598 2,361 6,959 8,023 13,315 21,338 6,474 34,771 51 297 1,445 3,527 5,320 3,752 2,332 6,084 7,852 11,816 19,668 5,236 30,988 64 377 1,529 3,843 5,813 4,613 2,233 6,846 8,489 12,569 21,058 5,716 33,620 41 314 1,473 3,605 5,433 4,291 2,630 6,921 9,469 12,970 22,439 5,655 35,015 38 376 1,331 3,655 5,400 3,568 2,179 5,747 7,896 11,902 19,798 5,004 30,549 NOTES: The FBI Crime Index includes homicide, rape, robbery, and aggravated assault in the violent category and burglary, larceny, and motor vehicle theft in the p Index (CCI) includes all FBI Index crimes except larceny. SOURCE: SANDAG prope 15 55,616 27,329 2,953,703 55,232 27,639 2,966,783 53,173 27,050 2,976,492 52,272 26,966 2,998,477 48,603 24,758 3,032,689 41,460 20,528 3,064,436 40,576 19,238 3,095,313 36,308 16,640 3,115,810 39,433 18,375 3,128,734 40,448 18,009 3,150,178 35,949 16,151 3,150,178 r y category. The California Crime Carlsbad Chula Vista Coronado El Cajon Escondido La Mesa National City Oceanside San Diego Sheriff -Total Del Mar Encinitas Imperial Beach Lemon Grove Poway . San Marcos Santee Solana Beach Vista Unincorporated 45 Ranch Alpine Fallbrook Lakeside Ramona Spring Valley Valley Center Other Sheriff California Highway Patrol Calif. State University San Marcos San Diego State University University of California San Diego San Diego Harbor Police California State Parks TOTAL 0 7 0 28 0 0 0 9 1 15 O 7 2 4 1 21 16 162 11 73 O 1 1 4 0 2 0 3 2 1 1 12 O 5 1 1 2 7 4 36 0 0 0 3 0 3 2 5 O 3 O 6 0 2 0 1 O 0 O 1 O 7 0 2 O .0 O 0 31 336 22 127 3 72 104 33 72 90 811 338 1 15 13 30 11 43 9 7 58 148 0 5 18 11 16 49 5 3 0 0 5 0 2 0 1,679 Table 9 NUMBER OF CRIMES BY OFFENSE BY JURISDICTION San Diego Region, Mid -Year 2010 67 177 10 105 211 62 142 214 1,784 963 3 48 52 51 26 69 50 14 128 456 2 23 62 94 31 106 32 66 6 0 9 2 7 0 3,759 99 258 33 154 241 140 62 307 2,182 1,089 3 65 34 53 40 83 54 14 122 620 12 46 94 68 41 131 30 1 0 0 18 14 1 0 4,598 73 135 6 136 104 91 95 78 952 623 6 31 12 40 37 74 30 8 107 274 6 23 42 26 38 37 20 4 0 4 36 23 2 3 2,361 172 393 39 290 345 231 157 385 3,134 1,712 9 96 46 93 77 157 84 22 229 894 18 69 136 94 79 168 50 5 0 4 54 37 3 3 6,959 254 557 69 228 406 253 116 483 3,818 1,520 31 145 32 36 51 158 101 56 229 674 16 46 107 76 44 129 49 7 2 8 93 96 111 9 8,023 411 1,028 128 619 924 521 382 925 5,529 2,486 15 219 77 87 128 370 198 45 416 905 11 42 188 107 88 187 48 26 5 9 149 137 56 6 13,315 665 1,585 197 847 1,330 774 498 1,408 9,347 4,006 46 364 109 123 179 528 299 101 645 1,579 27 88 295 183 132 316 97 33 7 17 242 233 167 15 21,338 49 602 29 229 474 164 271 152 3,249 1,195 1 47 67 62 23 146 65 5 197 573 2 30 50 67 44 200 40 9 25 1 20 14 0 0 6,474 6 12 0 8 11 6 0 15 82 56 0 2 0 4 2 4 4 0 12 28 0 4 2 0 2 0 2 0 0 0 7 1 0 0 204 982 2,912 278 1,552 2,480 1,271 1,146 2,271 18,503 8,298 61 575 289 362 319 956 512 151 1,266 3,690 49 218 564 456 305 845 226 117 38 23 337 288 179 18 40,576 317 1,327 81 705 1,150 497 648 863 9,156 4,292 15 • 211 180 239 140 428 213 50 621 2,111 22 130 269 273 173 529 129 84 31 6 95 55 12 3 19,238 NOTES: The FBI Crime Index includes homicide, rape, robbery, and aggravated assault in the violent category and burglary, larceny, and motor vehicle theft in the property category. The California Crime Index (CC/) includes all FBI Index crimes except larceny. 'Sheriff -Total" includes the contract cities and the unincorporated area served by the Sheriff, as well as crimes reported in the Sheriff's "other" category that included the Sheriff's detention facilities, courts staffed by the Sheriff and crimes reported to the Sheriff that occurred in a city not served by the Sheriff or a location for which jurisdiction could not be determined. SOURCE: SANDAG 16 Table 10 NUMBER OF CRIMES BY OFFENSE BY JURISDICTION San Diego Region, Mid -Year 2013 Carlsbad 0 10 23 72 163 116 279 303 420 723 62 8 1,169 446 Chula Vista 2 19 124 153 304 191 495 636 1,150 1,786 387 28 2,966 1,180 Coronado 0 0 3 4 15 9 24 97 114 211 14 0 256 45 El Cajon 1 8 75 81 162 81 243 352 616 968 230 7 1,606 638 Escondido 3 14 94 157 171 139 310 376 665 1,041 352 4 1,971 930 La Mesa 1 5 32 41 115 71 186 239 415 654 96 2 1,015 361 National City 1 6 77 100 66 94 160 238 404 642 185 6 1,171 529 Oceanside 7 22 91 227 221 78 299 656 1,094 1,750 189 11 2,585 835 San Diego 20 143 686 1,666 1,947 1,096 3,043 4,422 5,157 9,579 3,145 85 18,282 8,703 Sheriff -Total 6 83 263 1,073 1,102 673 1,775 1,731 2,464 4,195 933 18 8,328 4,133 Del Mar 0 0 2 4 3 7 10 48 23 71 2 0 89 18 Encinitas 1 3 12 56 83 53 136 201 219 420 41 1 669 249 Imperial Beach 1 3 18 50 26 18 44 29 63 92 53 3 261 169 Lemon Grove 1 5 10 57 32 25 57 50 90 140 54 1 324 184 Poway 0 4 9 32 50 50 100 84 97 181 23 2 349 168 San Marcos 0 13 26 66 90 65 155 167 286 453 86 3 799 346 Santee 0 2 15 69 51 60 111 149 299 448 63 2 708 260 Solana Beach 0 0 1 15 30 20 50 49 46 95 9 0 170 75 Vista 0 13 68 143 96 119 215 219 417 636 147 3 1,222 586 Unincorporated 3 37 92 436 638 250 888 732 915 1,647 440 3 3,543 1,896 4S Ranch 0 0 2 7 12 5 17 27 32 59 8 0 93 34 Alpine 0 1 5 17 53 20 73 55 83 138 28 0 262 124 Fallbrook 1 8 11 45 60 37 97 65 117 182 26 0 370 188 Lakeside 0 7 7 68 79 25 104 139 143 282 82 0 550 268 Ramona 0 4 2 31 3.1 16 47 36 51 87 23 0 194 107 Spring Valley 1 8 38 113 107 32 139 82 120 202 115 0 616 414 Valley Center 0 3 9 33 38 38 76 55 46 101 16 0 238 137 Other Sheriff 0 3 10 145 3 6 9 3 9 12 15 0 194 182 California Highway Patrol 0 0 0 5 1 2 3 6 16 22 40 0 70 48 Calif. State University San Marcos 0 1 0 3 2 4 6 8 9 17 1 0 28 11 San Diego State University 0 1 4 8 9 14 23 99 160 259 10 2 305 46 University of California San Diego 0 1 0 2 10 28 38 141 186 327 10 0 378 51 San Diego Harbor Police 0 1 1 13 3 21 24 153 87 240 1 8 280 40 California State Parks 0 0 0 0 0 13 13 12 13 25 0 0 38 13 TOTAL 41 314 1,473 3,605 4,291 2,630 6,921 9,469 12,970 22,439 5,655 179 40,448 18,009 NOTES: The FBI Crime Index includes homicide, rape, robbery, and aggravated assault in the violent category and burglary, larceny, and motor vehicle theft in the property category. The California Crime Index (CO) includes all FBI Index crimes except larceny. "Sheriff -Total" includes the contract cities and the unincorporated area served by the Sheriff, as well as crimes reported in the Sheriff's "other" category that includes the Sheriff's detention facilities, courts staffed by the Sheriff, and crimes reported to the Sheriff that occurred in a city not served by the Sheriff or a location for which jurisdiction could not be determined. As of September 2013, the Sheriff's "other" category included crimes occurring in the Grossmont/Cuyamaca Community College District. SOURCE: SANDAG 17 Table 11 NUMBER OF CRIMES BY OFFENSE BY JURISDICTION San Diego Region, Mid -Year 2014 Carlsbad 1 8 22 70 116 72 188 280 375 655 51 2 995 340 Chula Vista 3 20 107 162 206 107 313 582 1,023 1,605 432 21 2,642 1,037 Coronado 0 1 0 5 23 6 29 149 114 263 26 1 324 61 El Cajon 2 11 83 92 104 99 203 182 485 667 168 4 1,226 559 Escondido 0 11 69 165 160 100 260 384 679 1,063 305 10 1,873 810 La Mesa 0 7 31 57 101 53 154 219 438 657 96 3 1,002 345 National City 2 11 53 69 46 78 124 157 330 487 241 6 987 500 Oceanside 2 28 84 224 215 90 305 480 937 1,417 202 19 2,262 845 San Diego 18 183 635 1,754 1,720 927 2,647 3,757 4,758 8,515 2,597 110 16,349 7,834 Sheriff -Total 10 86 236 1,022 859 590 1,449 1,378 2,339 3,717 830 37 7,350 3,633 Del Mar 0 1 0 9 10 5 15 25 11 36 1 0 62 26 Encinitas 0 7 12 40 50 49 99 132 199 331 43 0 532 201 Imperial Beach 0 3 9 39 35 8 43 41 82 123 45 2 262 139 Lemon Grove 0 2 18 43 55 29 84 33 136 169 51 1 367 198 Poway 0 2 8 37 20 31 51 47 104 151 15 1 264 113 San Marcos 1 3 21 75 60 64 124 126 313 439 98 6 761 322 Santee 0 6 9 55 21 31 52 101 266 367 48 3 537 170 Solana Beach 0 1 4 3 13 17 30 37 31 68 6 0 112 44 Vista 1 20 55 112 93 68 161 229 408 637 142 5 1,128 491 Unincorporated 8 40 96 434 501 281 782 590 764 1,354 377 19 3,091 1,737 45 Ranch 0 1 3 7 15 9 24 20 16 36 5 0 76 40 Alpine 3 1 5 25 22 10 32 44 53 97 24 0. 187 90 Fallbrook 2 7 12 55 73 76 149 94 108 202 44 0 471 269 Lakeside 0 10 10 72 43 31 74 64 131 195 33 0 394 199 Ramona 0 1 1 33 26 14 40 43 49 92 7 0 174 82 Spring Valley 0 7 29 68 83 40 123 96 115 211 106 0 544 333 Valley Center 0 5 7 44 32 19 51 45 37 82 23 0 212 130 Other Sheriff 0 1 4 175 1 7 8 17 25 42 4 0 234 192 California Highway Patrol 0 0 0 6 0 0 0 6 4 10 29 0 45 35 Calif. State University San Marcos 0 0 0 1 0 3 3 12 15 27 0 0 31 4 San Diego State University 0 5 6 7 12 11 23 63 138 201 11 0 253 52 University of California San Diego 0 1 1 0 4 11 15 83 156 239 9 1 265 26 San Diego Harbor Police 0 4 4 21 1 26 27 154 93 247 6 1 309 62 California State Parks 0 0 0 0 1 6 7 10 18 28 1 1 36 8 TOTAL 38 376 1,331 3,655 3,568 2,179 5,747 7,896 11,902 19,798 5,004 216 35,949 16,151 NOTES: The FBI Crime Index includes homicide, rape, robbery, and aggravated assault in the violent category and burglary, larceny, and motor vehicle theft in the property category. The California Crime Index (CO) includes all FBI Index crimes except larceny. "sheriff -Total" includes the contract cities and the unincorporated area served by the Sheriff as well as crimes reported in the Sheriffs "other" category,that includes the Sheriff's detention facilities, courts staffed by the Sheriff and crimes reported to the Sheriff that occurred in a city not served by the Sheriff or a location for which jurisdiction could not be determined. As of September 2013, the Sheriff's "other" category included crimes occurring in the Grossmont/Cuyamaca Community College District; and in May 2014, it included the San Diego County Administration building and surrounding park area. SOURCE: SANDAG 18 Table 12 POPULATION BY JURISDICTION San Diego Region, 2010, 2013, and 2014 Carlsbad 105,185 108,246 3% Chula Vista 243,916 251,613 3% Coronado 24,697 23,176 -6% El Cajon 99,478 100,460 1% Escondido 143,944 145,901 1% La Mesa 57,065 58,244 2% National City 58,582 58,838 <1 % Oceanside 167,344 169,350 1% San Diego 1,301,617 1,326,238 2% Sheriff - Total 856,033 874,098 2% Del Mar 4,161 4,199 1% Encinitas 59,518 60,482 2% Imperial Beach 26,324 26,496 1% Lemon Grove 25,320 25,554 1% Poway 47,811 48,559 2% San Marcos 83,772 87,031 4% Santee 53,413 55,033 3% Solana Beach 12,867 12,987 1% Vista 93,717 95,262 2% Unincorporated 449,130 458,495 2% 45 Ranch 17,220 18,838 9% Alpine 28,160 28,850 2% Fallbrook 51,056 52,464 3% Lakeside 52,125 52,981 2% Ramona 35,261 36,200 3% Spring Valley 71,366 72,576 2% Valley Center 24,437 24,856 2% Camp Pendleton 37,452 34,014 -9% TOTAL 3,095,313 3,150,178 2% NOTES: Populations used to compute crime rates reflect the most current finalized California Department of Finance estimates, December 2013. "Sheriff -Total" includes contract cities and the unincorporated area served by the San Diego County Sheriffs Department. Pendleton population is excluded from Sheriff's unincorporated area and included in the region total. "Unincorporated" includes 4S Ranch, Alpine, Fallbrook, Lakeside, Ramona, Spring Valley, and Valley Center, as well as the unincorporated areas not shown (Campo, Julian, Pine Valley, Ranchita, and the unincorporated areas of Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, and Vista). SOURCES: California Department of Finance; SANDAG Demographic/Economic Estimates December 2013 19 Item # 4 11/18/14 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) Item # 5 11/18/14 APPROVAL OF THE MINUTES OF THE 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 OCTOBER 21, 2014. (City Clerk) Book 96 / Page 159 10-21-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY October 21, 2014 The Regular Meeting of the City Council Commission — Housing Authority of the City of}ttronel City was called to order at 6:26 p.m. by Mayor / Chairman Ron Morrison':" ROLL CALL Council / Board members present: Carlo,,„Morrison, Natividad,'Sotelo-Solis. Council / Board members absent: Rios Administrative Officials present Dalla, Deese, ,puong, Manganiello, .Muthusamy, Parra, Raulston, Roberts, Rodriguez, Silva, Vergara,' Williams, Ybarra.' Others present: Student Council Rep.resentative`IOac Maldonado. PLEDGE OF ALLEGIANCE�N'TO THE FLAG BY MAY" .; ON MORRISON `flint...._ h. Community Development PUBLIC ORAL. Shirley Horton, EI Cajon, reviewed her ;volunteer activities for the week and remindedeveryone that it is wonderful life and it feels good to give to others. CITY COUNCIL PRESENATIONS PERSONNEL_ NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) may: ,��� 1. Introduction of neW4mployee Jose Lopez, Civil Engineering Technician. (Engineering/Pul (ic0orks) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 2. Update on Regional Comprehensive Plan: "Transportation Choices" by Phil Trom, SANDAG. Copy on file in the Office of the City Clerk. COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 3. Update from Port Commissioner Robert "Dukie" Valderrama Copy on file in the Office of the City Clerk. COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 4. Staff Report regarding Squad deployment and future potential new service delivery model. (Fire) Book 96 / Page 160 10-21-2014 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 5. War Memorial Update. (City Manager) Copy on file in the Office of the City Clerk. INTERVIEWS AND APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) INTERVIEWS AND APPOINTMENTS 6. Interviews and Appointments: Various Boards / Commissions / Committees. (City Clerk) Florfina Arce was present and interviewed for the PRSCAB. ACTION: Motion by Morrison, seconded by Cano, to appoint Gary Dines to the Community and Police Relations Coriinission. Carried by the following vote, to -wit: Ayes: Cano, Morrison. Sotelo-Solis. Nays: Natividad. Absent: RioS4ApAtrp None. Motion by MornOTfeconded by4,no, to appoint Brian Monahan to the CommunityAiMolice Relations Commission. Motion failed by the following'*9tOtq7wjt: Ayes: Cano, Morrison. Nays: Nativid4d,Sotelo-S64. Absent: Rios. Abstain: None. Moti9S-SUMorrison4secondefF,tpy Sotelo-Solis, to re -appoint Deborah Hernandez tPlhe„464rd of Library Trustees. Carried by the foliowing vote, Cano, Morrison, Natividad, Sotelo- ays: Nne. Absentios. Abstain: None. CONSENT c4ENDA = ADOPTION OF CONSENT CALENDAR. Item No. 7 (Minutes), Item Nos. 8 and '16v 9 (Resolution Nos. 201$-150*0 2014-151), Item Nos. 10 and 11 (IA/arrant Registers.: Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar. Carried by thditpllowing vote, to -wit: Ayes: Cano, Morrison, Natividad, Sotelo-Solis. Non?. Absent: Rios. Abstain: None. APPROVAL OF AINAT., 7. APPROVAL OF'THE MINUTES OF THE 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 OCTOBER 7, 2014. (City Clerk) ACTION: Approved. See above. Book 96 / Page 161 10-21-2014 CONSENT CALENDAR (cont.) ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1) 8. Resolution No. 2014-150. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE SUBMITTAL OF A FISCAL YEAR 2015-16 SUSTAINABLE TRANSPORTATION PLANNING GRANT APPLICATION THROUGH CALTRANS REQUESTING $200,000 FOR DEVELOPMENT OF A CITYWIDE SAFE ROUTES TO SCHOOL NEIGHBORHOOD' ACTION PLAN, 2) COMMITTING TO A LOCAL MATCH;;0`$30,000 FOR A TOTAL PROJECT COST OF $230,000, 3) APPR VI A PARTNERSHIP WITH CIRCULATE SAN DIEGO FOR`` . PREPARING THE GRANT APPLICATION, AND 4) AUTHORIZING STAFF `TO RETURN WITH AN AGREEMENT WITH CIRCULATE SAN DIEGO .FOR PROJECT DELIVERY SHOULD GRANT FUNDS B AWARDED. (Engineering/Public Works) �,'<, ACTION: Adopted,. See above. ff EMPLOYMENT CONTRACT-gESLIE DEESE f604 6-5) 9. Resolution No. 2014-151 . RESO.L.UTION *THE CITY COUNCIL OF THE CITY OF NATIONAL, CITY AUTHORIZING THE MAYOR TO EXECUTEA.S,ECOND AMENDMENT STO EMPLOYMENT AGREEMENT BETWEEN; THE 'CITY OF = NATIONAL °'CITYY. AND CITY MANAGER LESLIE DEESE.(Cit`y'Attorney ACTION: Adopted. See above. WAR ANT-REGISTEI:t4.1 LY 2014 JUNE'2015 (202-1-29) 10 � arrant Register #1 for the �penpd of 09/03/14 through 09/09/14 in the amount of $181962.61. *(Finance)" ACTIONatifiedSee above. WARRANTRREGISTER DULY 2014 — JUNE 2015 (202-1-29) 11. Warrant „Register # 2 for the period of 09/10/14 through 09/16/14 in the amount oftt3,02,35'1.64. (Finance) ACTION atified. See above. NON CONSENT RESOLUTIONS PARKING & TRAFFIC CONTROL ADMIN 2014 (801-2-35) 12. Resolution No. 2014-152. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 1825 "I" AVENUE. (TSC 2014-13) (Engineering/Public Works) **Continued from Council Meeting of Oct. 7, 2014** RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage in front of 1825 "I" Avenue. Book 96 / Page 162 10-21-2014 NON CONSENT RESOLUTIONS (cont.) PARKING & TRAFFIC CONTROL ADMIN 2014 (801-2-35) 12. Resolution No. 2014-152 (continued). TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Natividad, Sotelo-Solis. Nays: None. Absent: Rios. Abstain: None. CONTRACT (C2014-44) 13. Resolution No. 2014-153. RESOLUTION OF' fHE CITY COUNCIL OF THE CITY OF NATIONAL CITY <:4UTHORIZING,, THE MAYOR TO EXECUTE A LICENSE AGREEMENT BY AND BETWEEN THE CITY AND CHRISTMAS IN JULY * IAA I.ONAL CITY FOR APPORTION OF THE GRANGER MUSIC HALL PARKING, LOT LOCATED AT 1`6.15 FOURTH AVENUE, NATIONAL, CITY AND DIRECTING"STAFF TO 'WORK WITH CHRISTMAS IN JULY *,NATIONAL CITY IN FINDING AN ALTERNATE SITE LOCATION. (Housing 'Grants, and$Asset Management) RECOMMENDATION:Aiprovethe Resolution TESTIMONY: Staff'Clarified'that the City council was adopting the finale draft Hof the proposed agreen ent which was distributed after the agenda wasposted t made Iva lable to the public prior to the meeting.., „ ACTION: Motion by Sotelo-:Solis, seconded by Natividad, to adopt the Resolution, Carried by the following vote, to -wit: Ayes: Cano, Morison, ,Natividad,',_Sotelo-Solis. Nays: None. Absent: Rios. Abstain:. None, CONTRACT (C2014 4C 14. Resolution No. 2014-154'-RESOLUTION OF THE CITY COUNCIL OF THE`'xC;ITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTETHE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF`<NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION.. ;HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY FOR THE RENTAL OF OFFICE SPACE. (Finance / Housing, Grants and Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Natividad, Sotelo-Solis. Nays: None. Absent: Rios. Abstain: None. Book 96 / Page 163 10-21-2014 NEW BUSINESS TEMPORARY USE PERMITS 2014 (203-1-30) 15. Temporary Use Permit — 35th Annual Fall Festival hosted by the South Bay Community Church at 2400 Euclid Avenue on October 31, 2014 from 5 p.m. to 9 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditionsof approval. TESTIMONY: None. ACTION: Motion by Natividad, , seconded by Sotelo-Solis, to approve staff recommendation Carriedu::by the following vote, to - wit: Ayes: Cano, Morrison, Natividad, Sotelo-Solis. Nays: None. Absent: Rios. Abstain: None, BLOCK GRANT PROGRAM ADMIN 2015-2016 (406-1-30) 16. 2015-2016 Community Development BlockFGrant (CDBG),. and Home Investment Partnerships_ (HOME) Procgram=F.unding Process for Eligible . Projects. (Housing, Grants ,and Asset Management)` RECOMMENDATION:`Provide..staff direction on the CDBG and HOME funding selection processfor Program Year{2015. TESTIMONY: NonevA,z` ACTION;: ;Motion by Sotelo-Sobs, seconded by Natividad, to approve Option #1.Carried by thelfollowing vote, to -wit: Ayes: Cano, Mornso >y Nativid`ad Sotelo-Solis. Nays: None. Absent: Rios /kbYstain: None. cy'£j .n 1 -i \ f S FINANCIAL MANAGEMENT 20144-2p15.(204-1-30) 17 :National City ,Sales 'Tax Update -Newsletter (F) inance ECOMMENDATION: Accept and file the Newsletter. TESTIMONY: None ` ACTION: Motion by Sotelo-Solis, seconded by Cano, to accept and file . Carried..by the following vote, to -wit: Ayes: Cano, Morrison, Natividad,: Sotelo-Solis. Nays: None. Absent: Rios. Abstain: None.=:; — Second Quarter 2014. POLICE DEPT ADMIN (302-4-1) 18. Report to City Council on Intent to Close Traffic Courts in South and East County. The Superior Court is consolidating Traffic Court operations into the Kearny Mesa Traffic Court Facility due to budgetary cuts. A Public Hearing is scheduled at the South County Regional Center (500 Third Ave.) for December 12th at 1:00 pm — Jury Lounge. Direction to City Manager regarding position on intent to close. (Police) RECOMMENDATION: None. TESTIMONY: None. Book 96 / Page 164 10-21-2014 NEW BUSINESS (cont.) POLICE DEPT ADMIN (302-4-1) 18. Report to City Council on Intent to Close Traffic Courts (continued). ACTION: Motion by Natividad, seconded by Sotelo-Solis, to have staff bring back a Resolution opposing the proposed closure. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Natividad, Sotelo-Solis. Nays: None..:.., Absent: Rios. Abstain: None. COMMUNITY DEVELOPMENT"COMMISSION — HOUSING AUTHORITY OF THECITY OF NATIONAL CITY CONTRACT (C2014-45) HOUSING AUTHORITY 2014 (404-1-3) 19. Resolution No. 2014727. RESOLUTION OF THE COMMUNITY DEVELOPMENT CO `MISSION OF rHEs'CITY OF NATIONAL CITY ACTING IN ITS CAPAACCIT( AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY;;("CDC-HA") AUTHORIZING THE CHAIRMAN TO EXECUTE THE MEMORANDUM :OF UNDERSTANDING BETWEEN THE CITY, OF, NATIONAL CITY.; AND THE COMMUNITY DEVELOPMENT COMMISSION,,,,,HOUSING•AUTHORITY OF THE CITY OF NATIONAL CITYt%?FUR THE RENTAL OF OFFICE SPACE. (Finance / Housing, Grants and -Asset Management) RECOMMENDATION: Adopt the Resolution, authorizing the Chairman to execute the, Memorandum of Understanding. TESTIMONYk lone. '`„x<; ACTION Motion by Sotelo Solis, seconded by Cano, to adopt the Resolution ... Carned by the following vote, to -wit: Ayes: Cano, Morrison, Natividad, Sotelo-Solis. Nays: None. Absent: Rios. bstain: None, STAFF REPORTS Executive Director Brad Raulston reported on the Skate Park design workshop presented the preliminary design and outlined the next steps in the process. City Engineer Steve Manganiello advised that in conjunction with International Walk -to -School Month, the City will hold its 2nd Annual Walk to School Day on October 30th at El Toyon and Rancho Elementary Schools. Book 96 / Page 165 10-21-2014 MAYOR AND CITY COUNCIL Member Natividad asked staff to look into an advertising issue involving the transit system declining to allow ads encouraging peopletovote. Mayor Morrison reminded everyone about the Health Fair at Paradise Valley Hospital, the Wellness event at Olivewood Gardens the Dia De Los Muertos at La Vista and the Halloween Tower of Terror October 31st CLOSED SESSION REPORT City Attorney Claudia Silva reported that the City Gquncil had six items on their Closed Session Agenda, took Items No. 1 and No. 3 off calendar and discussed the remainder but there was nothing to report from the dosed Session. (See attached Exhibit `L')"�'" ADJOURNMENT Motion by Sotelo-Solis, seconded by Cano, toadjourn the meeting to the next Regular Meeting of the City Council ;and Community,Development Commission — "�h Housing Authority of the City of'Natioha -City to be held Tuesday, November 18, 2014 at 6:00 p.m at the Council Chambers WNationalCity, California. Carried by the following vote, to -wit: Ayes Canp Morrison,. w N,atividad, Sotelo-Solis. Nays: None. Absent:,: Rios'" Abstain: None.K "'' The meeting close City Clerk The foregoing minutes were approved at the Regular Meeting of November 18, 2014. Mayor Book 96 / Page 166 10-21-2014 City Council Meeting Schedule for the Period November 4, 2014 through January 20, 2015: • October 21 Regular Meeting • November 04 Election Day (No Meeting) • November 18 Regular Meeting • December 02 Regular Meeting • December 16 Regular Meeting • January 06 • January 20 Regular Meeting (Dispensed with Meeting) Regular Meeting EXHIBIT `L' CITY COUNCIL OF THE CITY OF NATIONAL CITY AND f' SUCCESSOR AGENCY TO THE COMMUNITY`DEVELOPMENT COMMISSION AS THE NATIONAL CITY: 2EDEVELOPMENT AGENCY -" Main Conference Room Civic Center 1243 National City Boulevard National Cii `' yy�California t , Special Meetingjjuesday, Octobel.r 2014 — 5:00 p.m. ROLL CALL CLOSED SESSION 1TY COUNCIL Conference with`•`Legal Counsel — Existing Litigation —overnment Code=Section 549S6.9(a) City of National City v Nagraj ,jnc. San`DDiego Superior Court Case No. 37-2010-00077984-CU-El-SC 2. Conference with Legal Counsel — Existing Litigation Government<Code Sett n 54956.9(a) City of Natioha ity 0 Bayati San Diego Super. or�Court Case No. 37-2010-00078027 ,;rg= 3. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City v. Puedan San Diego Superior Court Case No. 37-2010-000779831 4. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Frank Lindsay v. City of National City United States District Court Case No. 14CV0855L BLM Agenda of a Special Meeting ADJOURNMENT October 21.2O14 Page CLOSED SESSION (conU CITY COUNCIL 5. Conference with Leoa|Counsel -ExistinoLitiqa1inn Government Code Section 64955.8(e) /oobs/ Padilla x City of National City San Diego Superior Court Case No. 37~2O13'OUO3O2D8 .�� 5. Conference with Leqa|Counsel -Existing Lidqodon`��� Government Code Section S4955.S(a) City ofNational City, Successor Agency v. Inc.OanD|eQoGuporiorCou�(�aseNo.37'2O1 -~�G(O}6 U'-(]R'CTL r SUCCESSOR AGENCY . Conference with Legal Counsel Existing' `Litigation ) Government Code Section ^ ' City ofNational City, �«� ^' San D�goOupehorCuu� -2O13'O�-~'~- -C.{}R'CTL - ' NextReg �up a noy � Tuesday, October 2O14 0:00p.nn.CouncilCham Civic ' ' �� CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO. 16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Sixth Amendment to the Agreement for Legal Services between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, the City of National City, and Best Best & Krieger, LLP, for the defense in the Community Youth Athletic Center legal challenge to increase the not to exceed amount by $225,000 for a total not -to -exceed amount of $787,500. DEPARTMENT: PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 APPROVED BY. EXPLANATION: Please see attached staff report. • FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in Account 711-409-000-209-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report Sixth Amendment to the Agreement with BB&K for Legal Services Proposed resolution STAFF REPORT This matter is a result of the Community Youth Athletic Center ("CYAC") legal challenge to the 2007 Redevelopment Plan Amendment. In addition to the Plan Amendment challenge, the CYAC made other claims, including violations of the Public Records Act and due process. This lawsuit has been working its way through the legal system since the Fall of 2007. Judge Denton invalidated the 2007 Redevelopment Plan Amendment, found that the Public Records Act was not complied with when draft notes and consultant's documents were not provided, and found the CYAC was not provided due process because they did not have sufficient time to object to the plan amendment. The Court's award of attorney's fees totaling approximately two -million dollars ($2,000,000) was appealed to the 4th District Court of Appeals. The case remains on- going as it has been remanded to the trial court for further proceedings after appeal, and the trial court has requested additional briefing regarding petitioners' most recent request for approximately $2,400,000 in attorneys' fees (which does not include the amount of attorney time CYAC has spent on the latest legal issue), thus continued legal representation remains necessary. Given the number of years this case has spanned, an extensive' amount of legal work has been required to examine CYAC's attorneys' bills (involving entries by over twenty attorneys on petitioners' side) in light of the Court of Appeals ruling. The extensive bill review and supplemental briefings for the trail court has exceeded the previously authorized amounts. Bruce Beach and Rebecca Andrews of Best Best & Krieger, LLP ("BB&K") have been our outside counsel in this case. Given the nature and 7 year length of the case, additional funds in the amount of $225,000 are needed to fund the current opposition to the attorneys' fees motion. The Successor Agency and City Council have previously approved a total of $562,500 for legal services in this case. This Sixth Amendment to the Agreement in the amount of $225,000 is necessary to pay for the ongoing litigation, which will bring the total not -to -exceed amount to $787,500. This is anticipated to be the last amendment as the attorneys' fees motions are the last outstanding issues in this matter. The Sixth Amendment will also require the approval of the Oversight Board and State Department"of Finance prior to becoming effective. SIXTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP This Sixth Amendment to Agreement is entered into this 21' day of November, 2014, by and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SUCCESSOR AGENCY"), and BEST BEST & KRIEGER, LLP, (the "FIRM"). RECITALS A. The CITY, the SUCCESSOR AGENCY and the FIRM (the "Parties") entered into an agreement on October 9, 2010, ("the Agreement") wherein the FIRM agreed to provide legal services in the defense of the case entitled Community Youth Athletic Association v. All Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, in the amount of $160,000, and subject to the terms of the Agreement. B. The Parties entered into the First Amendment to the Agreement on October 18, 2011, (the "First Amendment") to increase the not -to -exceed amount of the Agreement by $134,000, for a total Agreement not -to -exceed amount of $294,000. C. The Parties entered into a Second Amendment on May 15, 2012 to increase the not -to - exceed amount by $70,000 for a total not -to -exceed amount of $364,000. D. The Parties entered into a Third Amendment on October 30, 2012 to increase the not -to - exceed amount of the Agreement by $45,000 for a total not -to -exceed amount of $409,000. E. The Parties entered into a Fourth Amendment on September 3, 2013 to increase the not -to - exceed amount of the Agreement by $53,500 for a total not -to -exceed amount of $462,500. F. The Parties entered into a Fifth Amendment on February 18, 2014 to increase the not -to - exceed amount of the Agreement by $100,000 for a total not -to -exceed amount of $562,500. G. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the Agreement by $225,000 for a total not -to -exceed amount of $787,500. H. The case remains on -going as it has been remanded to the trial court for further proceedings after appeal, which has necessitated the retention of experts, the detailed review of seven years' worth of legal bills involving entries by over twenty attorneys on petitioners' side, and the trial court has requested additional briefing regarding petitioners' request for approximately $2,400,000 in attorneys' fees, thus additional funding for continued legal representation remains necessary. On February 1, 2012, all California redevelopment agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing, and enforcing the enforceable obligations of the former redevelopment agencies. J. This Sixth Amendment will require the approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being effective. NOW, THEREFORE, the Parties agree that the Agreement entered into on October 9, 2010, and amended on October 18, 2011, May 15, 2012, October 30, 2012, September 3, 2013, and February 18, 2014 shall be amended by amending Article 3 (Compensation), Section C of the Agreement by increasing the not -to - exceed amount by $225,000 for a total not -to -exceed amount of $787,500. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 9, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first above written. SUCCESSOR AGENCY TO THE COMMUNITY BEST, BEST, & KRIEGER, LLP DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY By: By: Ron Morrison, Chairman Bruce Beach, Esq. APPROVED AS TO FORM: By: Claudia G. Silva Successor Agency Counsel CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: By: Claudia G. Silva City Attorney Sixth Amendment to Agreement 2 National City, Successor Agency, November 18, 2014 and Best Best & Krieger, LLP RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SIXTH AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BY BEST BEST & KRIEGER, LLP, FOR THE DEFENSE IN THE CYAC LEGAL CHALLENGE TO INCREASE THE NOT TO EXCEED AMOUNT BY $225,000 FOR A TOTAL AMOUNT OF $787,500 WHEREAS, on November 23, 2010, the City Council adopted Resolution No. 2010-254 approving an Agreement between the City of National City, the CDC, and Best Best & Krieger, LLP ("BB&K"), to provide legal defense services regarding the Community Youth Athletic Center ("CYAC") litigation in the not to exceed amount of $160,000; and WHEREAS, on October 18, 2011, the City Council adopted Resolution No. 2011-229 approving the First Amendment to the Agreement that increased the not to exceed amount by $134,000, bringing the total not to exceed amount to $294,000; and WHEREAS, on May 15, 2012, the City Council adopted Resolution No. 2012-105 authorizing the Second Amendment to the Agreement in the amount of $70,000 for the on -going appeal process, for a total not -to -exceed amount of $364,000; and WHEREAS, on October 30, 2012, the City Council adopted Resolution No. 2012- 220 authorizing the Third Amendment to the Agreement in the amount of $45,000 for the on- going appeal process, for a total not -to -exceed amount of $409,000; and WHEREAS, on September 17, 2014, the City Council adopted Resolution No. 2013-134 authorizing the Fourth Amendment to the Agreement in the amount of $53,500 for the on -going appeal process, for a total not -to -exceed amount of $462,500; and WHEREAS, on February 18, 2014, the City Council adopted Resolution No. 2014-17 authorizing the Fifth Amendment to the Agreement in the amount of $100,000 for the on -going appeal process, for a total not -to -exceed amount of $562,500; and WHEREAS, the case remains on -going as it has been remanded to the trial court for further proceedings after appeal, which has necessitated the retention of experts, the detailed review of seven years' worth of legal bills involving entries by over twenty attorneys on petitioners' side, and the trial court has requested additional briefing regarding petitioners' request for approximately $2,400,000 in attorneys' fees, thus additional funding for continued legal representation remains necessary; and WHEREAS, this Sixth Amendment to the Agreement in the amount of $225,000 is necessary for the ongoing litigation, which will bring the total not -to -exceed amount to $787,500; and WHEREAS, the Sixth Amendment must also be approved by the Oversight Board and State Department of Finance prior to becoming effective. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Sixth Amendment to the Agreement with Best Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $225,000, for a total not to exceed amount of $787,500, to cover legal services for the ongoing Community Youth Athletic Center ("CYAC") litigation. The Sixth Amendment to the Agreement is on file in the office of the City Clerk. Resolution No. 2014 — Page Two PASSED and ADOPTED this 18th day of November, 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: November 18, 2014 AGENDA ITEM NO. TEM TITLE: Resolution of the City Council of National City approving and authorizing the Mayor to sign an Encroachment Agreement with Restructure Petroleum Marketing Services of California (RPMS-CA) for the installation of three ground water monitoring wells in the public right-of-way along Palm Avenue and "Q" Avenue adjacent to E. 4th Street, and in the alley adjacent to "Q" Avenue between E. 4th Street & E. 5th Street. PREPARED BY: Mauro Nebreja PHONE: 336-4395 EXPLANATION: See Attached Explanation. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A tNVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution approving and authorizing the Mayor to sign an Encroachment Agreement with Petroleum Marketing services of California for the installation of three groundwater monitoring wells in the public right-of-way. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Agreement 3. Site Plan 4. Construction Detail 5. Letter of Authorization form IES 6. Letter of County of San Diego directing RPMS, CA to install additional monitoring wells 7. Insurance Liability 8. Resolution EXPLANATION: Restructure Petroleum Marketing Services of California (RPMS-CA) Inc., the owner of former E-Z Serve at 1605 E. 4th Street, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way for sampling and reporting of groundwater contaminants along Palm Avenue & "Q" Avenue, and in the alley adjacent to "Q" Avenue. These locations are between E. 4th Street and E. 5th Street. RPMS-CA Inc. has contracted with Innovative Environmental Solutions to install the monitoring wells and perform the sampling services. The proposed wells shall not exceed one hundred fifteen feet in total depth and shall have an eight inch boring, two inch PVC casing, a sand filter pack, bentonite pellet seal material chips and a three foot diameter radial concrete surface seal with a twelve inch traffic rated protective casing. Staff recommends approval of the Encroachment Agreement based on the following findings, consistent with Section 13.12.060 "Encroachment Permits" of the National City Municipal Code: 1. There is a compelling need to use the public right-of-way or property for the applicant's proposed use; 2. The issuance of a permit will not be detrimental to public safety or welfare, nor interfere with access required under the Americans with Disabilities Act (ADA); 3. The applicant can comply with all the terms, conditions and restrictions incorporated in the permit and this ordinance; 4. The applicant has complied or will comply with all applicable state and federal laws and has obtained other applicable permits and certifications required under state and federal law; and 5. The applicant has reviewed city and other public records pertaining to existing and proposed encroachments and has coordinated, to the maximum extent reasonably practicable, the details of its proposed facility installation with existing and previously approved proposed facilities and permittees." -1- MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Restructure Petroleum Marketing Services of California (RPMS-CA) (hereinafter referred to as "PERMTTTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMI1TEE" includes all successors in interest and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMTTTEE'S encroachment are described in EXHIBIT A, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This Encroachment Permit and Agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property described above, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts. and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govem the interpretation and application of this Encroachment Permit, the maintenance of the encroachment, and the PERMI1'ThE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded against the PERMITTEE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed, or relocated by PERMITTEE at the PERMI ITEE's sole expense. If PERMII'1'bE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. -2- 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal, and use of the PERMI F1EE's encroachment. PERMI f1'EE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMIT fhE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A, VII" by the current A.M Best Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims made form, the retro date must be on or before commencement of this Agreement, and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to C1TY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this section. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this Agreement, and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits; for notification to Underground Service Alert, when applicable; and for the safe installation and maintenance of the encroachment at all times. 2 Encroachment Permit and Agreement Monitoring Well -3- 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary by the CITY, recorded. 10. PERMIIIEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well on any City right of way and easements, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY right-of-way. PERMEl-FEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well on any City right of way and easement, and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMTTTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 3 Encroachment Permit and Agreement Monitoring Well -4- 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well cap installed under this permit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the well. 23. The PERMI II hE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CITY OF NATIONAL CITY Ron Morrison, Mayor PERMITTEE: Restructure Petroleum Marketing Services of California (RPMS-CA) c/o Innovative Environmental Solutions (IES) Michael T. Davis / Owner Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. FERMI I LE/APPLICANT INFORMATION: Michael T. Davis Mailing Address: Person in Responsible Charge 839 Second Street, Suite 2 (760) 846-2330 24/7 Phone Number Encinitas, CA 92024 Innovative Environmental Solution (IES) Firm Name PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF- WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "A", ATTACHED 4 Encroachment Permit and Agreement Monitoring Well -5- MONITORING WELL INSTALLATION QI?ESTIONS 1) What is the time of completion of the drilling and well construction? Ape,,),.'. i-ely I .ieck few. 41%+e -tt,` (3) vtie 2) What is the time required to install each well? 1.. day 3) How long will the wells remain in the street? (lit 5 OE lg 4-8 (IbC$' E. 4*' -i'.) 4) How long will the abandonment of the wells be? (time frame) 3 dety5 5) HOW often will the wells be monitored and sampled? :- Ala n"4,(,Q.7 b) How long will it take to purge andsample each well? of +` S / i // 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? tePit4S cf 8) Who will be responsible for top of well head a justments? 2P •- C.4- Lic, vY,-. -� -6- NOTES: 1. Project SIM base map and surveyed tWGpolnta surveyed byfY' ' •Lend Surveyor. 2. Fenner UST System conlRlnatton and olfwfe restores are projected end eppros n te. MW-4 LEGEND 4- PROPOSED MONITORING WELL RPMS-GA (FORMER E-Z SERVE) GROUNDWATER MONITORING WELL ESTATE OF AGNES BA RSER (EAPJ GROUNDWATER MONITORING WILL i DUAL VAPOR EXTRACTION WELLAND MR SPARGE WELL (RPMS-CA WELLS) J FORMER UST SITEMFEATURE APPROX. SCALE r e SO' SITE PLAN (WITH PROPOSED MONITORING WELL LOCATIONS) FORMER RPMS (E-Z SERVE) LOCATION 100781 1004 E. FOURTH Suite NATIONAL CRY. CAUFORNIA 81950 PROJECTNO. 100T31010 RLE NO. I.11Rojec11WPL1311007811RepNls1Ra. Inriovollve En.vlronmen/ol SolotonF. FIGURE 1 DEPTH BELOW GROUND SURFACE (FOOT) 3' 8-INCH DIAMETER DRILLED BORING 90' 93' 95' 115' i • 4•f•♦•♦•• ♦ ♦••••• ♦ ♦ ♦ ♦ • • h • ♦ ♦ ♦ ♦ h ♦ • ♦ • ♦ f • 4 1 ♦ ••♦••• 1 4 • • • 1 ♦ ♦ • • • ♦ 1 4 h• 1 1• 1. ♦♦ ♦ 4 • i • f • • ♦ • h • ♦ Y ♦ ♦ ♦ 1 • ♦ • ♦ Y • • ♦ • ♦ • ♦ ♦ ♦ • ♦ • • ♦ • ♦ ♦ • ♦ 4 ♦ • ♦ • ♦ ♦ ♦ t • ♦ 4 ♦ • ♦ • 1 ♦ • 4 4 • ♦ ♦ 4 ♦ • • ♦ • • • ♦f 1e• • • • ♦ ♦ • ♦ 4 • 4 f f • , f f 4 , • 1 41. 1•f ♦ • • ♦▪ • ♦ • • •• ♦ • • ♦ • • f • • ♦ • ♦ f 1 ♦ • ♦ 4 • 4 • ♦ 4. ♦ • 1• h• ♦ • 4 • • • 4 ♦ ♦ • • • ♦ • 4 1 1 ♦ ♦ GROUND SURFACE WATERPROOF VAULT, TRAFFIC RATED CONCRETE SEAL, 3 FEET 2-INCH LOCKING EXPANSION PLUG BENTONITE SLURRY, 87 FEET 2-INCH SCHEDULE 40 PVC,BLANK CASING, 95 FEET NOT TO SCALE , • 1 , f f , .♦•♦•♦♦ - • f , • f • ♦ ♦ - • , • 4.f f . ♦ ♦ 4.♦ 4 ♦ 1 1. ♦ 4, , , ♦ . = f 1... . f . , • ♦ ♦ • • • ♦ , 4 1.1 1♦ f •♦ 1♦ a ••• • , 1 1 • f 1• f f• f f♦ • ♦ • f • 1 4 ♦ • • ♦ • , • f ♦ ♦ ♦ ♦ ♦ = ♦ • f 4 • • ♦ • ,. • ♦ 4 ♦ ♦ • • 4 4 4 ♦ • 1 • f 4 • ♦ ♦ f ♦ 4 ♦ ♦ ♦ f ♦ • ♦ • • ♦ 4 ♦ 4 ♦ • f f • 1 1 = , ♦ ♦ f f [, ♦♦ 4 1 4♦ 4 f 1, f1� ♦ 1 f • • f • • f • • . f • , ♦♦ i • ♦ , • 4': a•f•'♦ • • • • 4 ♦ ♦ 4 f • ♦ e. 4• f f 4 1 f f ,'♦ • , 1 • • • , ♦ ♦ • • ♦ ♦ • • • 4 , = ♦ ♦ 4 4 f ♦ ♦ • 1 f ♦ • , ♦ f • f • a • • f•♦ 4♦ f ......4 ♦• = ••4. 4• f 4♦4f4 ♦ ♦ ♦ ♦ • ♦.• 4 ♦ • • 4 f • ♦ f • ♦ f • ♦ • 4 4 • 4 4 4 ♦ • ♦ • 4 ♦ • , ♦ ♦ ♦ ♦ • • ♦ 1 • , • , , . O.. , 4 f . f 4 I.. , •,.,1♦,,= I. ♦ ,.,. ▪ 4 4 4 4 f .♦•♦.•—.4,44♦• • f, 4 4♦ f 4 4 4♦ • ♦ ♦ ♦ ♦ ♦ _ ♦ • a n♦ f e 4 4 4 4♦ 1 h f ♦ 4 I. 1 • • ♦ • • ♦ • • • •- ♦ • •4•♦44•••4•Y 4. ,4♦444.4• • ♦ ♦ ♦ • • ♦ ( ♦ 1 ♦ ♦ • ♦ BENTONITE PELLET SEAL, 3 FEET 2-INCH SCHEDULE 40 PVC, 0.020-INCH SLOT SCREEN, 20 FEET APPROXIMATE DEPTH TO GROUNDWATER 101 FEET FILTER SAND, NO. 3 MONTEREY SAND, 22 FEET 2-INCH PVC END PLUG APPROXIMATE TOTAL DEPTH, 115 FEET PROPOSED MONITORING WELL CONSTRUCTION DETAILS (MW-16 THROUGH MW-18) FORMER RPMS (EZ-SERVE) LOCATION 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA 91950 PROJECT NO. 100781-015 FILE NO. i:\Projects1RPMS11007811Reports\Figs Innovative Environmental Solutions FIGURE 2 -8- Restructure Petroleum Marketing Services of California, Inc. Office: 3343. Kingfisher Drive Holiday, FL 34690 Telephone: 727-940-3 63 0 October 16, 2014 City of National City Engineering Division 1243 National City Blvd. National City, CA 91950-4.596 (619) 336-4380 IES AUTHORIZED AGENT FOR ENCROACHMENT PERMITTING City Representatives, For your records, the Hume (and contact information) listed below is an authorized agent for Innovative Environmental Solutions (IES) and has the authority to discuss, submit and sign letters, reports, applications, and other documents on beheif of IES and Restructure Petroleum Marketing Services of California (RPMS-CA). Name: Michael T. Davis Title: Professional Geologist (P.G.) / Principal Company: Innovative Environmemtai Solutions (IES) Address: 839 Second Street, Suite 2 Encinitas, CA 92024 Phone: (760)632-2330 Fax: (760) 632-2471 Email: rndavisra ies.consultants.com fully, ie Ncivnian, Manager MINIS -CA RPMSCAQaol.corpr 727-741.3060 -9- JACK MILLER DIRECTOR June 11, 2012 Ctountg oSrxn 313i.ego DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.G. BOX 129281. SAN DIEGO. CA 82112-9281 611-338-2222/FAX 619-336-2316/1-866.263.6833 http://wwwsdedeh.org Ms. Jeannie Newman Restructure Petroleum Marketing Services of California 3343 Kingfisher Drive Holiday, Florida 34690 Dear Ms. Newman: GROUNDWATER MONITORING REPORT RESPONSE LETTER .UNAUTHORIZED RELEASE #H12350-001 FORMER RPMS (E-Z SERVE) LOCATION 100781 1605 EAST FOURTH STREET NATIONAL CITY, CA ELIZABETH POZZEBON ASSISTANT DIRECTOR Staff of the Department of Environmental Health (DEH) reviewed the report titled Additional Site Assessment and Well Replacement Report, dated August 29, 2012 and received by DEH on September 4, 2012, prepared by Innovative Environmental Solutions (IES). After reviewing the report, DEH has the following comments: 1. The results of this phase of assessment initially indicate that the extent of contamination has been established to the west, north, and east of the site. There is still a need to establish the extent in the southerly, downgradient direction. Additional rounds of sampling will be needed to confirm that this is the case. 2. Please prepare a workplan for delineation in a southerly direction from the site and submit it by December 1, 2012. If you have any questions regarding this project, please do not hesitate to call me at (858) 505- 6802. Sincerely, TonyN. Sawyer, PG 4, CHg 40 Hy topologist Site Assessment and Mitigation Program cc: Michael T. Davis, innovative Environmental Solutions "Environmental and public health through leadership, partnership and science" -10- APPENDIX B STANDARD OPERATING PROCEDURES - SOIL SAMPLING/DRILLING METHODS AND PROCEDURES (INCLUDES WELL INSTALLATION, DEVELOPMENT, AND SURVEYING) FIELD SOIL VAPOR MONITORING GROUNDWATER MONITORING AND SAMPLING PROCEDURES GEOTRACKERTM ELECTRONIC DATA DELIVERABLE FORMAT SUBMISSION -11- Innovative Environmental Solutions STANDARD OPERATING PROCEDURES SOIL SAMPLING AND DRILLING (INCLUDES WELL INSTALLATION, DEVELOPMENT, AND SURVEYING) - PAGE 1 OF 3 - Utility Clearance and Drilling Equipment IES obtains all the required permits, unless otherwise contractually directed. IES prepares a site specific Site Safety Plan detailing site hazards, site safety and control, decontamination procedures, and emergency response procedures to be employed throughout the defined phase of work. At least 48 hours prior to drilling. Underground Service Alert (USA) or an equivalent agency is notified of the planned work. IES attempts to locate all underground and aboveground utilities by site inspection (in conjunction with its' subcontractors and knowledgeable site managers, if available), and review of site as -built drawings. IES may subcontract a private, professional utility locator to refine the site utility inspection. In addition, 1ES will utilize air knife technology to clear the upper five feet of the drilling interval at a diameter greater than the width of drilling equipment to be advanced. All soil borings are drilled using a truck -mounted hollow -stem auger drill rig, unless site conditions warrant a different drilling method. Subsurface conditions permitting, the first five feet of each boring is advanced using a hand -auger or post -hole digger. All drilling equipment is inspected daily by the operator and maintained in safe working condition. All down -hole drilling equipment is steam cleaned prior to arriving on site. Working components of the drill rig near the borehole, as well as augers and drill rods are thoroughly steam cleaned between each boring location. All IES drilling and sampling methods are consistent with ASTM Method D- 1452-80 and local, stale and federal regulations. Soil Sampling and Lithologic Description Whenever possible and approved by the appropriate regulatory agency, the first IES boring to be drilled at a site is continuously cored to obtain a complete lithologic description. Otherwise, soil samples are typically collected every 5 feet to the total depth explored, using brass or stainless steel tubes fitted in a California -modified split - spoon sampler. if copper or zinc contamination is the subject of the investigation, stainless steel liners are strictly used instead. Additional soil samples may be collected based upon significant changes in lithology, at the capillary fringe, or in areas of obvious soil contamination. During soil sample collection, the split spoon sampler is driven 18 to 24 inches past the lead auger by a 140-pound hammer falling a minimum of 30 inches. The number of blows necessary to drive the sampler and the amount of soil recovered is recorded on the Field Exploratory Soil Boring Log. The soil sampler and liners are cleaned with a Liquidnox® solution (or equivalent degreasing compound) and rinsed with tap water prior to each sampling event. New, clean liners are used whenever a soil sample may be retained for laboratory analysis. Soil samples selected for laboratory analysis are sealed on both ends with Teflon tape and plastic end caps. The samples are labeled, documented on a chain -of -custody form and preserved on ice in a cooler for transport to a state -certified analytical laboratory. Soil contained in remaining liners is removed for lithologic descriptions (according to the Unified Soil Classification System). Additional soil is screened for organic vapors by placing approximately 30 grams of soil in a sealed plastic bag or a glass jar sealed with aluminum foil. The bag or jar is left undisturbed for approximately 15 minutes. The headspace in the bag is accessed in a manner to minimize entry of outside air, and is tested for total organic vapor using a calibrated photo -ionization detector (PID). The results of the field screening are noted with the lithologic descriptions on the Field Exploratory Soil Boring Log. On encountering an impermeable (clayey) layer three feet or more in thickness below a saturated permeable layer, where the impermeable layer is considered to be a possible confining layer for an underlying aquifer, drilling is halted until a decision to proceed is obtained from the project manager. This process minimizes the chance of introducing contamination to an underlying, clean aquifer. ■ 639 Second Street, Suite 2, Encinitas, Ca 92024 • 760.632.2330 FAX 760.632.2471 • www.iesconsultants.com s -12- Innovative Environmental Solutions STANDARD OPERTATING PROCEDURES SOIL SAMPLING AND DRILLING (INCLUDES WELL INSTALLATION, DEVELOPMENT, AND SURVEYING) -PAGE2OF3- MONITORING WELL INSTALLATION Well Casing. Screen and Filter Pack Construction All well construction is performed in accordance with California Department of Water Resources Well Standards and all requirements of local oversight agencies. Soil borings to be converted into single -cased monitoring wells are a minimum of eight inches in diameter for 2-inch diameter wells, and a minimum of ten inches in diameter for 4-inch diameter wells. Monitoring wells are constructed with Schedule 40 threaded polyvinyl chloride (PVC) casing unless site geochemistry or contamination necessitates an alternative regulatory agency approved material. The wells are constructed with factory -slotted screen and threaded end caps. The screened interval is placed such that it extends approximately ten feet into the water bearing zone, and at least five feet above the expected maximum water level. The screened interval may extend less than five feet above the maximum water level, only to prevent intersection of the screened interval with the top of the confining layer of a confined aquifer, or where the water table is too shallow to allow this construction. A graded sand filter pack is placed in the annular space across the screened interval and extended approximately one to two feet above the screen, as site conditions permit, so as to prevent extension of the sand pack into an overlying water -bearing unit. A pre -cleaned surge block is inserted into the well casing to surge the well for a minimum of five minutes to settle the filter pack. Additional filter pack material is added, as necessary, to complete well construction according to permit specifications. The well screen slot size is the maximum size capable of retaining 90% of the filter pack. Typically, 0.010-inch screen is used where the fonnation is predominantly clay and/or silt or poorly - graded fine sand. 0.020-inch screen is used where the formation is predominantly well -graded or medium to coarse sand and/or gravel. The filter pack grade (mean grain size) is selected according to native sediment type as follows: a) for poorly graded fine sand or silt/clay - 4 times the 70% retained grain size of the formation b) for medium to coarse sand, gravel or well graded sediments - 6 times the 70% retained grain size. Since results of particle size analysis are not always available, IES often selects screen size and filter pack on the basis of general site stratigraphy, and specifically the finest significantly thick layer of sediment to be screened. Commonly selected grades are Lone Star® 3, 2/12 or 2/16 (or equivalent) with 0.020-inch slotted screen and Lone Stare 1/20 with 0.010-inch slotted screen. Well Seal and Completion A minimum two -foot seal of bentonite is placed above the sand pack. The bentonite seal is hydrated by either formation water or potable water. Neat cement or a cement/bentonite grout mixture seals the remaining annular space to the surface. If bentonite is used in the grout mixture, it does not exceed 5% by weight. The grout is placed using a tremie pipe, if the top of the bentonite is more than 20 feet below grade, or if water is present in the boring above the bentonite seal. A watertight locking cap and protective traffic -rated vault box is installed on top of each well. Well construction details are presented on the Field Exploratory Soil Boring Log. Fol lowing completion of a well, IES completes and submits, or ensures that the driller has sufficient information to complete and submit, the state -required Well Completion Report or equivalent document. e 839 Second Street. Suite 2, Encinitas, Ca 92024 • 760.632.2330 FAX 760.632.2471 • www.iesconsultants.com u -13- Innovative Environmental Solutions STANDARD OPERTATING PROCEDURES SOIL SAMPLING AND DRILLING (INCLUDES WELL INSTALLATION, DEVELOPMENT, AND SURVEYING) - PAGE 3OF3- Well Development All newly installed wells are developed prior to sampling to remove .fine grained sediments from the well and stabilize the filter pack and the disturbed aquifer materials. Development takes place prior to or at least 24 hours after setting the seal on the well, unless otherwise directed by a local oversight agency. Well development consists of surging with a surge block and removing water from the well with a truck -mounted vacuum, PVC bailer, or submersible pump until the well is free of sediment, or until at least 10 well casing or 5 borehole volumes have been removed. Depth to bottom is measured to determine casing volume. If the well is sampled immediately following development, temperature, pH, specific conductance and turbidity (qualitative) are monitored during well development. All development equipment is cleaned prior to use and between wells with a Liquidnox solution (or equivalent degreasing compound, then rinsed in potable water. All data collected during development are recorded and stored in the project file. Wellhead Surveying All well elevations are surveyed to the top of the well casing to the nearest t0.01 foot. The exact survey point (at the center of the survey rod or, if the casing stub is uneven, the point of contact between casing and rod) is clearly marked and maintained on the casing rim, preferably on the north side of the top of the well casing. Elevations are referenced to the Global Position System (GPS) or High Precision Geodetic Network (HPGN) and/or combined with triangulation, traverse, and/or trilateration. A licensed land surveyor is contracted to survey all monitoring wellheads, to the nearest ±0.01 feet above mean sea level. Soil Boring Abandonment Soil borings that are not converted into monitoring wells are sealed by appropriate sealing material (i.e. bentonite grout, neat cement, or sand -cement grout), using a tremie pipe or equivalent, proceeding upward from the bottom of the soil boring to approximately 5 feet below ground surface (bgs). After volume verification of borehole sealant, the borehole is filled with hydrated bentonite chips to 3 feet bgs, and capped with concrete or cement in accordance with local regulations. Soil and Decontamination Wash Water Waste Management Soil cuttings are stockpiled on and covered with plastic sheeting to control runoff, or contained in 55-gallon steel drums on site. Waste soil is sampled to chemically profile it for disposable and hauled by a licensed waste hauler to an appropriate landfill or certified treatment facility along with accumulated decontamination wash and rinse water. All waste stored on site is properly labeled at the commencement of accumulation. c 839 Second Street, Suite 2, Encinitas, Ca 92024 • 760.632.2330 FAX 760.632.2471 • www.jesconsuttants.com -14- Innovative Environmental Solutions STANDARD OPERATING PROCEDURES Field Soil Vapor Monitoring A representative soil sample will be collected from each sample interval and placed in a Ziplock° plastic bag. The bag will be sealed and the soil disaggregated.- At least ten minutes will be allowed for the soil to be heated by direct sunlight and for any VOC's in the soil to accumulate in the head space of the bag. Volatile gases will then be monitored by inserting the probe of a Photovac 2020 photo -ionization detector (PID). The P1D is equipped with a 10.6 eV lamp which is capable of detecting VOC's at concentrations of 0.1 parts per million (ppm). The PID will be calibrated on -site using 100 ppmV isobutylene-in-air span gas (equivalent to benzene) prior to drilling operations. PID readings will be recorded in the boring logs. i 839 Second Street, Suite 2, Encinitas, Ca 92024 •760.632.2330 FAX 760.632.2471 • www.iesconsultants.com ■ -15- Innova Ilve Environmental Soiullons STANDARD OPERATING PROCEDURES GROUNDWATER MONITORING AND SAMPLING Groundwater Monitoring and Decontamination Method Prior to beginning, a decontamination area is established. Decontamination procedures consist of scrubbing down -well equipment in a Liquidnox® solution wash (or equivalent degreasing compound), and rinsing in potable water and a final rinse of de -ionized (or distilled) water before and after each well. Any non -dedicated down -well equipment is decontaminated prior to use on site. Prior to purging and sampling a well, the static water level is measured to the nearest 0.01 feet with an electronic interface probe and/or water level meter. Depth to bottom is typically measured every quarterly event. The water level meter and tape will be decontaminated between each well. If floating phase -separated hydrocarbons (PSH) are suspected or previously confirmed, an electronic interface probe is used to measure the well fluids to the nearest 0.01 feet. PSH may alternatively be measured using a clear, open-ended product bailer, and the thickness is measured to the nearest 0.01 feet in the bailer. Any monitoring well containing a measurable thickness of PSH before or during purging is not additionally purged and no sample is collected from that well. Wells containing hydrocarbon sheen are sampled unless otherwise specified by the project manager. Field observations such as well integrity as well as water level measurements and PSH thickness are recorded in the field. Well Purging When well purging is required, each monitoring well to be sampled is purged using, a polyvinyl chloride (PVC) bailer or a submersible pump. Typically, high -flow purging, at a rate of at least one liter per minute (Ipm) or 0.26 gallons per minute (gpm), is conducted to evacuate water from a well. When this purging rate can not be sustained, resulting in dewatering to dryness, a low -flow purging methodologies will be applied. Dewatering of wells will be avoided. Physical parameters (pH, temperature, and conductivity) of the purge groundwater are monitored during purging activities to assess if the water sample collected is representative of the aquifer. If required, parameters such as dissolved oxygen, turbidity, salinity etc. are also measured. Samples are considered representative if parameter stability is achieved. Stability is defined as a change of less than 0.25 pH units, less than 10% change in conductivity in micro mhos, and less than 1.0 degree centigrade (1.8 degrees Fahrenheit) change in temperature. Parameters are measured in a discreet sample decanted from the bailer separately from the rest of the purge groundwater. Parameters are measured during purging; initially, and at volume intervals of one well or borehole volume (dependent on local regulations). Purging continues until the required well or borehole volumes have been removed, until the well completely dewaters, or until measured parameters stabilize as indicated above. Well purging information is recorded on the Purge Data sheet. All meters used to measure parameters are calibrated daily. Purge water is sealed, labeled, and stored on site in D.O.T.-approved 55-gallon drums. After being chemically profiled, the water is transported to an appropriate disposal facility by a licensed waste hauler. Groundwater Sample Collection After purging, groundwater samples are collected after at least 80% of its static water level is recovered in the well. All groundwater samples are collected using polyethylene disposable bailers attached with new, clean string or rope. Groundwater samples being analyzed for compounds most sensitive to volatilization are collected first. Groundwater samples are placed in appropriate laboratory -supplied containers, labeled, place in zip -lock® plastic bags, documented on a chain of custody form and preserved on ice in a cooler for transport to a state - certified analytical laboratory. After collection, all samples are stored in a chilled cooler and refrigerated to approximately four (4) degrees Celsius while a laboratory representative transports the samples to their facility. Analytical detection limits match or surpass standards required by relevant local or regional guidelines. a 839 Second Street, Suite 2, Encinitas, Ca 92024 • 760,632.2330 FAX 760.632.2471 • www.iesconsultants.com ■ -16- Innovative Invttonm•ntol Solutions QUALITY ASSURANCE / QUALITY CONTROL (QA/QC) PROCEDURES Field Procedures To prevent contamination of the samples and/or cross -contamination of monitoring wells IES personnel adhere to the following procedures in the field: • New, clean pair of appropriate disposable gloves is dawned prior to sampling each well. • Wells are gauged and purged in the expected order of increasing degree of contamination based on historical analytical results. • All purging equipment will be thoroughly decontaminated between each well using the procedures previously described at the beginning of this section. • During sample collection for volatile organic analysis, the amount of air passing through the sample is minimized. This helps prevent the air from stripping the volatiles from the groundwater. Sample bottles are filled by slowly running the sample down the side of the bottle until there is a convex meniscus over the mouth of the bottle. The lid is carefully screwed onto the bottle such that no air bubbles are present within the bottle. If a bubble is present, the cap is removed and additional water is added to the sample container. After resealing the sample container, if bubbles still are present inside, the sample container is discarded and the procedure is repeated with a new container. Sample Control Laboratory and field handling procedures may be monitored, if required by the client or local regulatory agency, by including quality control (QC) samples for analysis with the groundwater samples. Examples of different types of QC samples are as follows: • Trip blanks are prepared at the analytical laboratory, by laboratory personnel to check handling procedures while in the field, as required by site conditions and local regulations. Trip blanks are transported to the project site in the salve manner as the laboratory -supplied sample containers to be filled. They are not opened, and are returned to the laboratory with the samples collected. Trip blanks are analyzed for purgable organic compounds. • Equipment blanks are prepared in the field to determine if decontamination of field sampling equipment has been effective, as required by site conditions and local regulations. The sampling equipment used to collect the groundwater samples is rinsed with distilled water that is then decanted into laboratory -supplied containers. The equipment blanks are transported to the laboratory, and are analyzed for the same chemical constituents as the samples collected at the site. • Duplicates (split samples) are collected at the same time that the standard groundwater samples are being collected and are analyzed for the same compounds in order to check the reproducibility of laboratory data. They are typically only collected from one well per sampling event, as required by site conditions and local regulations. The duplicate is assigned an identification number that will not associate it with the source well. Generally, trip blanks and field blanks check field handling and transportation procedures. Duplicates check laboratory procedures. The configuration of QC samples is determined by IES depending on site conditions and regulatory requirements. n 839 Second Street, Suite 2, Encinitas, Ca 92024 • 760.632.2330 FAX 760.632.2471 • www.iesconsutlanls.com -17- innovative Environmental Solutions STANDARD OPERATING PROCEDURES CEOTRACKERTM ELECTRONIC DATA DELIVERABLE FORMAT SUBMISSION - PACE 1OF2- In accordance with the California State Water Regional Control Board (SWRCB) adopted emergency regulation AB 2886 (Article 12, Chapter 16, Division 3, Title 23 of the California code of Regulations), hard copy (paper formatted) reports submitted to the lead agency for Leaking Underground Storage Tank (LUST) site investigations and quarterly monitoring, requires electronic data deliverable (EDD) submittals over the Internet to the SWRCB GeoTrackerTM System (GTS). The GTS relies on relational database consisting of files related to one another through common key fields. The key field in one file record must be identical to the same fields in the linking file to relate the data records in both files. Generating Field Point Names After primary electronic reporting responsibilities (i.e., Responsible Party (RP) site claims and authorization of contractors) are completed, Field Names are created for data upload. Field Names are the location identifiers assigned to a specific location where field measurements or samples are collected. In order to generate acceptable EDD for GTS upload, a fixed or tab delimited format file with Field Names and Global Identifications (Global_ID) is created for the project site. Global_IDs are unique identifiers, generated by the SWRCB, for a regulated facility or site. Whenever a new borehole or well location is drilled, the new Field Name is imported into the format file for uploaded to the GTS, prior to any field measurement and analytical data uploading. Uploading Field Data Field measurements (i.e., depth to water and depth to free product) contained within a LUST report are required to be uploaded and imported into the GTS after every monitoring or sampling event. Prior to uploading field data into the GTS, field measurements need to be properly formatted for importing acceptance. Field measurements are manually entered or imported into a Microsoft® Excel spreadsheet. The spreadsheet is converted into a tab delimited format file and saved. The tab delimited format file is reopened and reformatted by deleting column headings associated with the Excel file, to comply with the fixed -length, tab delimited GTS acceptance protocols. Following tab -delimited formatting, the file is compressed into a "zip" file for uploading into the GTS. Subsequently, the field measurement data is uploaded to the proper facility within the GTS as a GEO_WELL file. Before the GTS is ready to upload the GEO_WELL file, the suitable report type is selected from one of several options and the report title is entered. After the GEO_WELL file is properly uploaded, a confirmation receipt is generated and printed for the project file. Uploading Laboratory Analytical Data Laboratory analytical reports are processed into an electronic deliverable format (EDF) for GTS submittal by the contracted laboratory. Prior to receiving the EDF, the laboratory processes the EDF for potential formatting problems utilizing an Electronic Deliverable Consistency Checker (EDCC). The checked EDF is sent as a "zip" file (via e-mail) from the laboratory to the [ES office to upload into the GTS. Prior to GTS submittal, the analytical data within the EDF is checked and confirmed with the hard copy report by the respective Project Manager (PM). After the laboratory EDF has been approved by the PM, the EDF zip file is uploaded to the proper facility within the GTS. Prior to submittal into the GTS, the suitable report type is selected from one of several options and the report title is entered. After the EDF file is accepted into the GTS, a confirmation receipt is generated and printed for the project file. ■ 839 Second Street, Suite 2, Encinitas, Ca 92024 •760.632.2330 FAX 760.632.2471 • www.iesconsultants.com -18- Innovative Environmental Solutions STANDARD OPERATING PROCEDURES GEOTRACKERTs' ELECTRONIC DATA DELIVERABLE FORMAT SUBMISSION - PAGE 2OF2- Uploading Survey Data Coordinate and elevation measurement data (i.e., survey data point) for any groundwater monitoring well included in a LUST report must be uploaded into the GTS. Horizontal coordinate measurement data for import into the GTS are known as a GEO_XY files and field elevation measurement data are known as GEO Z files. IES contracts a Professional Licensed Land Surveyor to conduct field surveying activities associated with LUST projects. Coordinate and elevation measurements, as well as required key fields, are manually entered or imported into a Microsoft® Excel spreadsheet. The spreadsheet is converted into a tab delimited format file and saved. The tab delimited format file is reopened and reformatted by deleting column headings associated with the Excel file, to comply with the fixed -length, tab delimited GTS acceptance protocols. Following tab -delimited formatting, the file is compressed into a "zip" file for uploading into the GTS. Subsequently, the field measurement data is uploaded to the proper facility within the GTS as GEO XY and GEO_Z files. Before the GTS is ready to accept the GEO XY and GEO_Z file, the Professional Land Surveyor name, license type, and license number are entered. After the GEO_XY and GEO_Z files are properly uploaded, confirmation receipts are generated and printed for the project file. Uploading Site Map An electronic site plan map (image) of each project site is required for uploading into the GTS. The electronic image of the site for import into the GTS is known as a GEO_MAP file. A generalized site plan displaying all well locations, underground storage tanks, and streets bordering the facility are edited and saved as a computer - aided design (CAD) file. The CAD file is converted and saved to a GTS accepted file format (i.e., .gif, .tiff, .jpeg, .pdf) for import into the GTS. After the GEO_MAP file is properly uploaded, a confirmation receipt is generated and printed for the project file. Uploading Submitted Reports An electronic image of the complete report being submitted for regulatory review is required for uploading into the GTS. The electronic image of the report into the GTS is known as GEO_REPORT file. A complete electronic image of the report, including text, graphs, diagrams, tables, maps and figures included in the paper report, is required as a single PDF file. The PDF file is derived from a scan of the paper report which requires the use of an electronic input device to convert analog information on paper into a digital format file usable by a computer. The PDF file is uploaded into the GTS. After the GEO REPORT file is properly uploaded, a confirmation receipt is generated and printed for the project file. References GeoTrackerT"" GEO_BORE, GEO_REPORT, and FIELD POOINT/WELL CONSTRUCTION Guidelines & Restrictions, (Electronic Deliverable Format and Data Dictionary), 2005, California State Water Resources Control Board (SWRCB). Version 2, April, 2005. GeoTrackerTM Survey_XYZ Guidelines & Restrictions (Electronic Deliverable Format and Data Dictionary), 2002, California State Water Resources Control Board (SWRCB). Revision 3, April 25, 2002. The Electronic Deliverable Format (EDF) Guidelines & Restrictions, 2001, ArsenaultLegg, Incorporated.Version 1.2i, revised July 23, 2001. ■ 839 Second Street, Suite 2, Encinitas, Ca 92024 •760.632.2330 FAX 760.632.2471 • www.iesconsultants.com ■ -19- AWRID' CERTIFICATE OF LIABILITY INSURANCE INNOENV-01 MES DATE (MMIDDIYYYY) 10/17/2014 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 "-I-OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Vanorsdale Insurance Services 6165 Greenwich Drive, Suite 200 San Diego, CA 92122 INSURED Innovative Environmental Solutions 839 2nd Street 2-B Encinitas, CA 92024 (858) 869-8300 CONTACT Al :an Schaffer PHONE 858-869-8337 EAnC, No. EMI: ADDRESS: ASchaffer@Vanorsdale.com INSURER(S) AFFORDING COVERAGE INSURER A:Admiral Insurance Company INSURERS: Oak River Insurance Company INC.FAX No): 858-869-8301 INSURER Cr Golden Eagle Insurance Corporation INSURER D NAIC $ 24856 34630 10836 INSURER£: INSURER F: COVERAGES 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 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSD INSD SUER MD POIJCY NUMBER (MM/DDYIYYYYI LMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X FEIECC1545901 - 5/27/2014 5/27/2015 EACH OCCURRENCE $ 4,000,000 DAAV+GETORENTED PREMISES (Ee oeetxrenee) = 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 4,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO- ( JECT I LOC OTHER: PRODUCTS - COMP/OP AGG $ 4,000,000 $ A JTOMOBILE - — X UABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS ^ X SCHEDULED AUTOS NON -OWNED AUTOS FEIECC1545901 5/27/2014 5/27/2015 COMBINED SINGLE LIMIT (Ea accident) s 1,000,000 BODILY INJURY (Pet person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S $ UMBRELLA LIAR EXCESS LIAR — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY /N I ANYPROPRIETOR/PARTNER/EXECUTIVE Yi Li OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X 2200015400141 10/10/2014 10/10/2015 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,0001 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A C Pollution Liability Business Auto FEIECC1545901 BA6417847 6/27/2014 5/17/2014 5/27/2015 5/1712015 Limit: $4,000,000 Per Occ I Agg All Owned Autos Limit: $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (ACORD 101, Additional Remera$ Schedule, may be attached 11 more space Is required) Re: Project- RPMS (E-Z Serve) Location 100781, Project NO. 100781-004. The City of National City and its officers, agents and employees is added as an additional Insured In operations of the policyholder as respects to General Liability per form CG20261185 . Primary Wording applies per form ECC-548-0712. Waiver of Subrogation applies per form WC 99 04 10A regarding the Workers' Compensation. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD -20- Innovative Environmental Solutions Endorsement Number: 26 Additional Insured — Designated Person or Organization This endorsement, effective 5/27/2014 attaches to and forms a pan of Policy Number FEI-ECC-15459-01. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City ofNational City 1243 National City Blvd National City, CA 91950 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Once, Inc.. 1984 -21- Innovative Environmental Solutions Endorsement Number: 15 Automatic Primary and Non -Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 5/27/2014 attaches to and fonns a part of Policy Number FEI-ECC-15459-01. This endorsement changes the Policy. Please read it carefully. ECC-548-0712 SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. -22- WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 3cn t1p_ Schedule Person or Organization ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 10/10/2014 Policy No. 2200015400-141 Insured INNOVATIVE ENVIRONMENTAL SOLUTIONS (A CORP) surance Company Oak River Insurance Company WC 99 04 10A (Ed 07-07) Endorsement No. 1 Premium $ Countersigned by -23- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH RESTRUCTURE PETROLEUM MARKETING SERVICE OF CALIFORNIA, INC., FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS IN THE PUBLIC RIGHT-OF-WAY ALONG PALM AVENUE AND "Q" AVENUE ADJACENT TO EAST 4TH STREET AND IN THE ALLEY ADJACENT TO "Q" AVENUE BETWEEN EAST 4TH STREET AND EAST 5TH STREET, AS DIRECTED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, Restructure Petroleum Marketing Service of California, Inc., ("RPMS- CA), the owner of the property located at 1605 East 4th Street, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way along Palm Avenue and "Q" Avenue adjacent to East 4th Street and in the alley adjacent to "Q" Avenue between East 4th Street and East 5th Street, for sampling and reporting of groundwater contaminants; and WHEREAS, RPMS-CA, has contracted with Innovative Environmental Solutions to install the monitoring wells and perform the sampling services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the Mayor to execute an Encroachment Permit and Agreement with Restructure Petroleum Marketing Service of California, Inc., for the installation of three groundwater monitoring wells in the public right-of-way along Palm Avenue and "Q" Avenue adjacent to East 4th Street and in the alley adjacent to "Q" Avenue between East 4th Street and East 5th Street, for sampling and reporting of groundwater contaminants. The Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of November, 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: November 18, 2014 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for Amendment of Temporary Use Permit — Amendment No. 1, prepared by the San Diego Unified Port District, to extend the term of the Permit to November 29, 2015 to allow for construction staging on Port District land during construction of the National City Aquatic Center (Waterfront Adventure Center) PREPARED BY: Stephen Manganiello PHONE: 336-4382 APPROVED BY: EXPLANATION: DEPARTMENT: Engineering/Public Works On April 10, 2014, the City of National City and the San Diego Unified Port District entered into a Temporary Use Permit (TUP) to allow for construction staging on approximately 18,050 square feet of Port District land surrounding the National City Aquatic Center (Waterfront Adventure Center). Refer to attached Drawing No. 028-029 dated October 25, 2013 of the original TUP for delineation of permit area. Based on the current construction schedule, the term of the TUP needs to be extended. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the Mayor to execute the Agreement to amend the TUP BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement for Amendment of TUP — Amendment No. 1 2. Original TUP 3. Resolution San Diego Unified Port District Document No. 61654 Ffle;9 APR 102014 TEMPORARY USE PERMIT THIS PERMIT, granted this lath day of March SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, "District," to CITY OF NATIONAL CITY, a municipal corporation, "Permittee," WITNESSETH: Oftica of the Di tncct Clerk , 2014 , by the hereinafter called hereinafter called District for the considerations hereinafter set forth, hereby grants to Permittee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are generally described as follows: j Approximately 18,050 square feet of land surrounding the National City Aquatic Center located on Goesno Place in National City, California, more particularly delineated on Drawing No. 028-029 dated October 25, 2013, attached hereto and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. The term of this Permit shall be for eleven (11) months, commencing on the 30th day of November, 2013, and ending on the 31st day of October, 2014, unless sooner terminated as herein provided. 2. As for the consideration, for the benefit of visitors and the community, Permittee has been granted access to the above described premises for purposes of construction staging during the construction period of the National City Aquatic Center. 1 Duplicate Original -2- AGREEMENT FOR AMENDMENT OF TEMPORARY USE PERMIT AMENDMENT NO. 1 THIS AGREEMENT, made and entered into this day of , 20 , by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," and CITY OF NATIONAL CITY, a municipal corporation hereinafter called "Tenant," WITNESSETH: WHEREAS, District and Tenant, on the 10th day of April 2014, entered into a Temporary Use Permit, "Permit" of certain tidelands in the city of National City, California, which Permit is on file in the Office of the Clerk of District bearing Document No. 61654; and WHEREAS, District and Tenant are mutually desirous of amending said Permit; NOW THEREFORE, for valuable consideration, said Permit is hereby amended in the following respects and no others, and except as expressly amended, all terms, covenants and conditions of said Lease shall remain in full force and effect: A. Said Permit is amended by deleting therefrom Paragraph 1, and substituting in lieu thereof Paragraph 1 as follows: The term of this Permit shall be for two (2) years commencing on the 30th day of November, 2013, and ending on the 29th day of November, 2015, unless sooner terminated as herein provided. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT By: By: Deputy General Counsel Joel Valenzuela Director, Maritime Operations SDUPD D2 No. 937426 THE CITY OF NATIONAL CITY By: Signature PRINT NAME: Ron Morrison PRINT TITLE: Mayor -1- 3. The above -described premises shall be used only and exclusively for the purpose of construction staging during the construction of the National City Aquatic Center and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each instance. 4. Permittee agrees that in all activities on or in connection with the above - described premises, and in all uses thereof, Permittee shall abide by and conform to all laws and regulations. Said laws and regulations shall include, but are not limited to those prescribed by the San Diego Unified Port District Act; any ordinances of the cities in which the above -described premises are located, including the Building Code thereof; any ordinances and general rules of District, including tariffs; and any applicable traffic regulations and applicable laws whether municipal, state, or federal, as any of the same now exist or may hereafter be adopted or amended. In particular and without limitation, Permittee shall have the sole and exclusive obligation and responsibility to comply with the requirements of: (i) Article 10 of District Code entitled "Stormwater Management and Discharge Control," and (ii) the Americans With Disabilities Act of 1990, including but not limited to regulations promulgated thereunder, and District shall have no such obligations or responsibilities as to the above -described premises. 5. Tenant acknowledges and agrees that: (1) it is the sole and exclusive responsibility of the Tenant, and not District, to ensure that all persons and/or entities who provide any labor, services and/or equipment in connection with any construction or work of improvement on any land or water areas occupied by Tenant, shall comply with the requirements of California's prevailing wages laws (the "PWL"); and (2) it is the sole and exclusive responsibility of Tenant, and not District, to determine whether such construction or work of improvement is subject to the PWL by obtaining a determination by means that do not involve District. If such construction or work of improvement is determined to be subject to the PWL, Tenant shall comply with all applicable provisions of the PWL, and shall ensure that all persons and/or entities .who provide any labor, services, equipment and/or materials in connection with such construction or work of improvement shall likewise comply with all applicable provisions of the PWL. 6. Permittee shall keep the property and all equipment used in connection with this Permit in a clean, safe, sound and presentable condition at all times. 7. Permittee acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are, in their present condition, satisfactory and usable for Permittee's purposes and that no representations as to value or condition have been made by or on behalf of the District. Permittee agrees to restore the premises to the same or better condition as when first occupied by Permittee. 2 -3- Permittee agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Permittee further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 8. On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. All structures, buildings, installations, and improvements placed on the above -described premises by Permittee subsequent to the commencement date of the term of this Permit shall at the option of District be removed by Permittee at Permittee's expense within ten (10) days after the expiration of the term of this Permit or sooner termination thereof. District may exercise said option as to any or all of the structures, buildings, installations, and improvements, either before or after the expiration or sooner termination of this Permit. If District exercises such option and Permittee fails to remove such structures, buildings, installations, and improvements within said ten (10) days, District shall have the right to have such structures, buildings, installations, and improvements removed at the expense of Permittee. As to any or all structures, buildings, installations, and improvements owned by Permittee for which District does not exercise said option for removal, title thereto shall vest in District, without cost to District and without payment to Permittee. Machines, appliances, equipment, and trade fixtures of any kind now existing or hereafter placed on the above -described premises by Permittee are owned by and title thereto is vested in Permittee and shall be removed by Permittee within ten (10) days after the expiration of the term of this Permit or sooner termination thereof; provided, however, Permittee agrees to repair any and all .damage occasioned by the removal thereof. If any such machines, appliances, equipment, and trade fixtures are not removed within ten (10) days after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to District and without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. During any period of time employed by Permittee under this Paragraph to remove structures, buildings, installations, improvements, machines, appliances, equipment and trade fixtures, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 9. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within ten (10) days all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the area forming a part of or 3 -4- adjacent to the above -described premises, so as to restore the premises to the same or better condition as when first occupied by Permittee; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within ten (10) days by Permittee, District may remove, sell, or destroy the same at the expense of Permittee; and Permittee hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. During any period of time employed by Permittee under this paragraph to remove ships, vessels, barges, hulls, debris, surplus and salvage materials, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 10. This Permit may be canceled by Executive Director of District or his duly authorized representative or Permittee by the giving of twenty-four (24) hours' notice in writing to the other party. Such cancellation shall be without liability of any nature. 11. This Permit shall not be transferred or assigned. 12. Permittee shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, or demands arising directly or indirectly out of the obligations undertaken in connection with this Permit, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Permittee indemnify and hold harmless District for any actions of Permittee or District, except for those arising out of the sole negligence or willful misconduct of District, including but not limited to claims based upon District's alleged breach of any statutory duty or obligation, or Permittee's duty under contracts with third parties. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Permittee's use, occupancy, or operation of the above -described premises, or arising from any defect in any part of said premises. 13. Permittee shall not engage in any activity on property of District other than the activity for which this Permit is expressly issued. 14. Permittee shall be subject to and comply with any special conditions attached hereto. 15. Permittee shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not Tess than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal 4 -5- injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Permittee, of any person acting for it or under its control or direction, or any person authorized by it to use the rented premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Permittee. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original. endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Permittee's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Permittee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Permittee to obtain insurance sufficient in coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. 5 -6- District shall notify Permittee in writing of changes in the insurance requirements and, if Permittee does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Permittee, and District shall be entitled to all legal remedies. The procuring of such required policies of insurance shall not be construed to limit Permittee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Permittee shall be obligated for the full and total amount of any damage, injury, or Toss caused by negligence or neglect connected with this Permit or with the use or occupancy of the rented premises. 16. In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 17. Permittee shall comply with all requirements and directives of the Executive Director of District. 6 -7- 18. By signing this Permit, Permittee represents and warrants that it has independently inspected the premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the premises. Permittee agrees it is relying solely on such independent inspection, tests, investigations and observations in making this Permit. Permittee also acknowledges that the premises are in the condition called for by this Permit, that District has performed all work with respect to premises and that Permittee does not hold District responsible for any defects in the premises. Permittee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Permittee, from any latent defects in the premises. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT ilPDLITY PORT ATTORNEY By re kererrt-Weymann Sh 1 ,1 0.St4e,. Director, Real Estate Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. SDUPD D2 No. 856607 THE CITY OF NATIONAL CITY By Signature PRINT NAME: Ron Morrison PRINT TITLE: 7 Mayor -8- DRAWNF CHECKED D• Z REVIEWED ESTATE PERMIT AREA 18,050 SQ. FT± (0.41 ACRE) SAN DIEGO UNIFIED PORT DISTRICT TEMPORARY USE PERMIT WITHIN CORPORATE UMITS OF NATIONAL CITY CITY OF NATIONAL CITY EXHIBIT '1%* -9- DATE OCTOBER 25. 2013 SCALE 1"=50' REF. DRAWING NO. SHEET 1_OF 1 028-029 N N O rn N 0 I m N 0 O> 0 0 0 0 0 W W CL W 0 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR AMENDMENT OF TEMPORARY USE PERMIT — AMENDMENT NO. 1, PREPARED BY THE SAN DIEGO UNIFIED PORT DISTRICT, TO EXTEND THE TERM OF THE PERMIT TO NOVEMBER 29, 2015, TO ALLOW FOR CONSTRUCTION STAGING ON PORT DISTRICT LAND DURING CONSTRUCTION OF THE NATIONAL CITY AQUATIC CENTER (WATERFRONT ADVENTURE CENTER) WHEREAS, on April 10, 2014, the San Diego Unified Port District granted a Temporary Use Permit ("TUP") to the City of National City to allow for construction staging on approximately 18,050 square feet of Port District land surrounding the National City Aquatic Center (Waterfront Adventure Center); and WHEREAS, based on the current construction schedule, the term of the TUP needs to be extended to November 15, 2015. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement for Amendment of Temporary Use Permit — Amendment No. 1, prepared by the San Diego Unified Port District, to extend the term of the Permit to November 15, 2015, to allow for construction staging on Port District land during construction of the National city Aquatic Center (Waterfront Adventure Center). PASSED and ADOPTED this 18th day of November, 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: ,November 18, 2014 AGENDA ITEM NO. ITEM TITLE: 'Resolution of the City Council of the City of National City authorizing the sale of the decommissioned 1996 Central States Quint fire truck to the sister city of the City of Tecate for $7,000. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 619-336-4551'. APPROVED BY: EXPLANATION: The National City Fire Department (NCFD) is seeking Council approval to sell the 1996 Central States Quint fire truck, which was determined to be no longer operable and has been decommissioned and prepared to be surplused out. In 2008, the NCFD received a 105' Pierce Aerial fire truck, which serves as the front-line vehicle. According to Municipal Code Chapter 2.42 — Disposal of Surplus City Property Section 2.42.040E "Manner of Disposal", if the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1. Through the solicitation of sealed bids in a local newspaper; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment to a vendor to sell on the City's behalf; 4. Through a negotiated agreement with another public agency, public safety organization, govemment agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). The sale of the surplus fire truck to the City of Tecate meets requirement No. 4. The City of National City and the National City Fire Department would not incur any liability related to the fire truck's ownership, operation, or use. The City of Tecate, as the ')wner of the fire truck, would provide all maintenance and insurance surrounding its use. The City's Public Works Department letermined the price of $7,000 by comparing used fire trucks, mileage, and prices. Staff recommends the City Council authorize the sale of the 1996 Central States Quint fire truck to the sister city of the City of Tecate for $7,000. FINANCIAL STATEMENT: ACCOUNT NO. 001-00000-3634 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the City Council authorize the sale of the decommissioned 1996 Central States Quint fire truck to the sister city of the City of Tecate for $7,000. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Municipal Code Chapter 2.42 — Disposal of Surplus City Property 2. Resolution Municode http://libraryimmicode.comiprint.aspx?h=&clientID=16516&HTMReq... National City, California, Code of Ordinances» - SUPPLEMENT HISTORY TABLE» Title 2 - ADMINISTRATION » Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY» Chapter 2.427 DISPOSAL OF SURPLUS CITY PROPERTY Sections: 2.42.010 - Definitions. 2.42.020 - Duty to report surplus equipment and supplies. 2.42.030 - Disposal required. 2.42.040 - Manner of disposal. • 2.42.050 - City personnel prohibited from purchasing. 2.42.010 - Definitions. A. "Surplus city property" means supplies or equipment belonging to the city which are no longer used or which have become obsolete or wom out or which are otherwise of no further use. B. "Immediate family" means the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. (Ord. 1673 § 1(part), 1979) 2.42.020 - Duty to report surplus equipment and supplies. All using agencies shall submit to the purchasing agent, at such times and in such forms as prescribed, reports listing all available surplus city property. The purchasing agent shall have authority to exchange for, or trade in, such property on new supplies and equipment in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 2.42.030 - Disposal required. The purchasing agent shall determine if any surplus city property can be used by any agency of the city. If such supplies or equipment cannot be used or are unsuitable for city use, the purchasing agent shall, in the manner provided in this chapter, dispose of such supplies and equipment that cannot be exchanged for or traded in on new equipment or supplies. (Ord. 1673 § 1 (part), 1979) 2.42.040 - Manner of disposal. A. If the surplus city property which is not required for city use has been assigned an estimated market value of Tess than one thousand dollars by the purchasing agent, he/she may dispose of such property on the open market without advertising for bids. B. If the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1 of2 5/21/2013 11:43 AM Municode http://library.municode.com/print.aspx?lam&clientTlk16516&HTMReq... 1. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electronic commerce which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefor, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the items) for sale, in accordance with subsection (B)(1) of this section, and shall accept offers on behalf of the city, with the city having final acceptance authority; 4• Through a negotiated agreement with another public agency, public safety organization, govemment agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). C. The purchasing agent shall have the authority to combine any surplus city property with lost and unclaimed property for the purpose of disposal by public auction in accordance with Chapter 2.44 of this title. D. The amount received for any property sold pursuant to this chapter shall be deposited in the city's general fund. (Ord. 2284, 2006: Ord. 2044, 1992; Ord. 1673 § 1 (part), 1979) 2.42.050 - City personnel prohibited from purchasing. No city officer or employee or any member of the immediate family living in the same household of a city officer or employee shall purchase surplus city property sold in accordance with this chapter. (Ord. 1673 § 1 (part), 1979) 2 of2 5/21/2013 11:43 AM RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SALE OF THE DECOMMISSIONED 1996 CENTRAL STATES QUINT FIRE TRUCK TO THE SISTER CITY OF THE CITY OF NATIONAL CITY TECATE FOR $7,000 WHEREAS, the National City Fire Department ("NCFD") possesses a 1996 Central States Quint fire truck that has been determined to be no longer operable, has been decommissioned, and prepared to be surplused out; and WHEREAS, NCFD desires to sell the fire truck to the sister city of the City of Tecate pursuant to National City Municipal Code Section 2.42.040B., which states in part that surplus city property may be sold through a negotiated agreement with another public agency, public safety organization, government agency, or other nonprofit agency that may have limited funds if it is no longer required for city use and has been assigned an estimated market value of one thousand dollars ($1,000) or more by the purchasing agent; and WHEREAS, pursuant to the terms of the negotiated Agreement, the City of National City and NCFD will not incur any liability related to the fire truck's ownership, operation, or use. The City of Tecate, as owner, will provide all maintenance and insurance surrounding its use. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the sale of the Fire Department's decommissioned 1996 Central States Quint fire truck to the sister city of the City of Tecate for $7,000. The Agreement is filed in the office of the City Clerk. PASSED and ADOPTED this 18th day of November, 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: November 18, 2014 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the HOME CHDO Funding Agreement dated October 30, 2012 between the City of National City and San Diego Habitat for Humanity Community Housing Corporation, Inc. for the construction and/or rehabilitation of single family residential housing in the City of National City extending the term of the Agreement to June 30, 2017. (��I /A H. ing, Grants, &Asset PREPARED BY: Carlos Aguirre, Community Dev. Mgr. la DEPARTMENT_ geent PHONE: 619-336-4391 APPROVE EXPLANATION: The City of National City and San Diego Habitat for Humanity Community Housing Corporation, Inc. ("SD-HFH") entered into a HOME CHDO Funding Agreement on October 30, 2012, ("the Agreement") wherein funding will provide for the construction and/or substantial rehabilitation of six single-family (6) HOME assisted housing units ("Assisted Units") for Eligible Households earning 80% of the Area Median Income for San Diego County or less. Due to market conditions, SD-HFH has experienced some difficulty in acquiring the property needed for its performance under the Agreement, despite SD- HFH's best efforts to do so. Habitat has already completed the rehabilitation of two units. In order to complete the rehabilitation and/ or construction of four additional units, SD-HFH is requesting to extend the term of the Agreement from June 30, 2014 to June 30, 2017. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1 First Amendment to the HOME Agreement Attachment No. 2 HOME CHDO Agreement dated October 30, 2012 Attachment No. 1 FIRST AMENDMENT TO THE HOME CHDO FUNDING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. This First Amendment to the Agreement is entered into this 18'h day of November, 2014 between the City of National City, a municipal corporation (the "CITY") and San Diego Habitat for Humanity Community Housing Corporation, Inc., a California non-profit public benefit corporation ("SD-HFH"). RECITALS A. WHEREAS, the CITY and SD-HFH entered into the HOME CHDO Funding Agreement on October 30, 2012 (the "Agreement"), for the construction and/or rehabilitation of single family residential housing in the City of National City; and B. WHEREAS, the Agreement expired on June 30, 2014; and C. WHEREAS, due to market conditions, SD-HFH has experienced some difficulty in acquiring the property needed for its performance under the Agreement, despite SD-HFH's best efforts to do so; and D. WHEREAS, due to SD-HFH's use of volunteer labor to construct and/or rehabilitate the houses, SD-HFH has not been able to complete the required construction and/or rehabilitation by the estimated dates in Exhibit B, despite SD-HFH's best efforts to do so; and E. WHEREAS, the parties desire to reinstate the Agreement and extend the term of the Agreement until June 30, 2017. NOW, THEREFORE, the parties mutually agree as follows: 1. Section 6. Conditions. The following phase is inserted at the end of the text of Section 6: "Notwithstanding anything to the contrary in this Agreement, including all Exhibits, SD-HFH shall comply with all current federal, state, and local codes, regulations, specifications, standards, plans, requirements, and policies". 2. Section 8. Commencement and Term. The phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2014" is deleted and is replaced with the phrase "but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2017". 3. Section 11. Insurance. SD-HFH shall submit to the CITY updated proof of insurance consistent with the requirements of Section 11. 4. Section 17. Audit Retention and Inspection of Records. In subsection F, the phrase "Attn.: Jim Ridley" is deleted and is replaced by the phrase "Attn.: Carlos Aguirre". Attachment No. 1 5. Section 24. City Coordinator. The phrase "Jim Ridley, Community Development Specialist" is deleted and is replaced by the phrase "Carlos Aguirre, Community Development Manager". The phrase "Attn.: Jim Ridley" is deleted and is replaced by the phrase "Attn.: Carlos Aguirre". 6. Exhibit A, PURCHASE AND REHABILITATION WORK PLAN. In the first paragraph, the date "June 30, 2014" is deleted and is replaced with the date "June 30, 2017". 7. Exhibit B, PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR. In the section titled "Estimated Long Term Calendar", the date "October 15, 2013" is deleted and is replaced with the date "June 30, 2017"; the date "February 15, 2014" is deleted and is replaced with the date "June 30, 2017"; the date "May 15, 2014" is deleted and is replaced with the date "June 30, 2017"; and the phrase "to be determined" is deleted and is replaced with the date "June 30, 2017". 8. Exhibit H, HOUSING REHABILITATION PROGRAM SPECIFICATIONS AND TECHNICAL STANDARDS. A. The phrase "Chapter 18.50 (Fences, Wall, Hedges)" is deleted and is replaced with the phrase "Chapter 18.43 (Fences & Walls)". B. The phrase "Chapter 18.54" is deleted and replaced with the phrase "Chapter 18.44". C. The date "2010" in each instance is deleted and is replaced with the dale "2013". 9. Except as provided in Sections 1 through 8 above, each and every term and provision of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties to the Agreement have executed this First Amendment to the Agreement on the day and year set forth above. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. By: By: Lori Holt Pfeiler Executive Director Paul Barnes President, Board of Directors First Amendment to the Horne CHDO Funding Agreement 2 City of National City and San Diego November 18, 2014 Habitat for Humanity Community Housing Corporation, Inc. Attachment No. 2 HOME CHDO FUNDING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. FOR CONSTRUCTION AND/OR REHABILITATION OF SINGLE FAMILY RESIDENTIAL HOUSING IN THE Cr1'Y OF NATIONAL CITY This Agreement is entered into this 30th day of October, 2012, by and between the City of National City ("CITY") and San Diego Habitat for Humanity Community Housing Corporation, Inc, a California non-profit public benefit corporation ("SD-HFH"). RECITALS A. WHEREAS, City of National City ("CITY") is a recipient of funds from the United States Department of Housing and Urban Development (hereinafter "HUD"), pursuant to Title II of the National Affordable Housing Act of 1990 (42 U.S.0 12701 et seq.) as amended (hereinafter "ACT"); and B. WHEREAS, CITY desires to plan for the new construction or rehabilitation of existing housing to create affordable residential developments for the benefit of low- and moderate- households, including certain pre -development activities as allowed under HOME regulations; and C. WHEREAS, SD-HFH has demonstrated development experience in National City and is qualified to develop or rehabilitate and subsequently sell affordable single-family residential housing and perform the other services as specified in this Agreement; and D. WHEREAS, SD-HFH has been certified by CITY as an eligible Community Housing Development Organization (hereinafter "CHDO") pursuant to the definition of such organizations contained in 24 CFR 92.2; and E. WHEREAS, both parties to this Agreement, SD-HFH and CITY, agree that they are subject to the federal restrictions and qualifications listed in Title 24 of the Code of Federal Regulations, Part 92 ("24 CFR 92"); and F. WHEREAS, CITY allocated $650,000 of federal HOME funds on May 2, 2012 that may be used for the construction and/or substantial rehabilitation of as yet not identified six single-family (6) HOME assisted housing units ("Assisted Units") for Eligible Households earning 80% of the Area Median Income for San Diego County or less; and G. WHEREAS, in an effort to establish a continuous source of housing development funding capacity for SD-HFH, CITY has elected to permit SDHFH to retain all net proceeds from HOME CHDO Funding Agreement Page 1 of 22 Attachment No. 2 the sale of the rehabilitated units ("CHDO Proceeds"). As a further condition of this Agreement, SD-HFH must use and restrict any and all CHDO Proceeds for the production of additional units until six (6) Assisted Units are completed and sold and the balance of CHDO Proceeds remaining after the completion of six units is committed to developing affordable housing in National City. Upon cycling the balance once, any other CHDO Proceeds will be unrestricted and not subject to HOME requirements; and H. WHEREAS, CITY has also elected for SD-HFH to income qualify households, originate and process second mortgages for each qualifying household and prepare loan documents including but not limited to a HOME regulatory agreement, deed of trust, and promissory note to be by executed with the C1TY as Beneficiary of each mortgage. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, C1TY and SD-HFH agree to the following: 1. SD-HFH shall furnish all of the services as described in this Agreement and all attachments incorporated by this reference. 2. CITY shalt advance payment or reimburse eligible costs expended by SD-HFH in the amount and pursuant to the conditions contained in this Agreement and all subsequent/supplementary documents. 3. SD-HFH shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all reports and other services furnished by SD-HFH under this Agreement, except that SD-HFH shall not be responsible for the accuracy of information supplied by CITY. 4. Work to be Performed A. SD-HFH agrees to fully perform the Work and develop the Project as described in the Work Plan, attached hereto as Exhibit A and incorporated herein by reference (the "Work"). CITY reserves the right to review and approve in advance all Work to be performed by SD-HFH in relation to this Agreement. Any changes to the Work Plan described in Exhibit A proposed by SD-HFH must be approved in advance by the CITY, in writing, which approval shall not be unreasonably withheld, delayed or conditioned. B. After rehabilitation has been completed on each unit, the HOME Assisted Units will be sold to an Eligible Household at the agreed upon sales price supported by a certified appraisal at the time of sale. CITY will be the Beneficiary of a silent loan in second lien position equal to the difference between the sales price, less any down payment, and the amount of the first mortgage for which the Eligible Household has been provided a bona fide lender approval. SD-HFH will be responsible for complying with the loan guidelines and requirements under Exhibit I. SD-HFH will prepare, process, and deliver to escrow a fully executed HOME Regulatory HOME CHDO Funding Agreement Page 2 of 22 Attachment No. 2 Agreement, Deed of Trust, and Promissory under Exhibit I for each assisted unit sold to an Eligible Household. 5. Use of Funds The CITY agrees to provide to SD-HFH $650,000 for work as specified in this Agreement. In no instance shall the CITY be liable for any costs for the Work in excess of this amount, nor for any unauthorized or ineligible costs. The CITY will administer this allocation in accordance with the provisions of the HOME Final Rule, 24 CFR Part 92 and the Consolidated and Further Continuing Appropriations Act of 2012, P.L. 112- 55. 6. Conditions SD-HFH agrees to comply with all conditions of this Agreement. SD-HFH's failure to comply with these conditions may result in cancellation of this Agreement as expressly provided for in this Agreement. 7. Method of Disbursement A. SD-HFH agrees that it shall expend the funds for eligible costs within the time limits specified by 24 CFR 92.502(c)(2) and this Agreement. B. Project set-up and disbursement requirements for HOME Projects will be in conformance with 24 CFR 95.502(b) and 24 CFR 92.502(c). C. Project completion requirements for HOME projects will be in conformance with 24 CFR 92.502(d). Upon submittal of the final project drawdown request to CITY, SD- HFH must provide to CITY a project completion report in a form and content to be prescribed by CITY. In the event that the project completion report is not received by CITY, CITY may suspend all project drawdowns not yet paid until the project completion report is received and accepted. D. In the event CITY determines funds were used for ineligible expenses, further payments shall be withheld until the findings are resolved to the satisfaction of the CITY. 8. Commencement and Term This Agreement is effective upon execution by all parties. SD-HFH agrees that Work will not commence, nor will any HOME related costs be incurred or obligated before CITY executes this Agreement, SD-HFH completes all required environmental clearances, and SD-HFH complies with the applicable conditions of this Agreement. SD-HFH agrees that the Work will be completed by the date(s) specified in the Project Timeline, Exhibit B, unless a written request for an extension is approved in advance of this date and in writing by CITY; extensions will automatically be granted for circumstances outside the control of SD-HFH, but in no case will extensions be permitted that will cause the project not to be completed by June 30, 2014. Failure to complete the Work on time without a written extension from CITY constitutes a material default of this Agreement by SD- HFH. 9. Termination HOME CHDO Funding Agreement Page 3 of 22 Attachment No. 2 A. CITY may terminate this Agreement for cause by giving fourteen (14) days written notice to SD-HFH following the time allotted to cure violations per the provisions of section 10 (B) of this Agreement. Cause shall consist of any violation of the requirements of HOME or of any terms and/or conditions of this Agreement or upon violation of any local, state or federal law or regulation, or upon the request of HUD. Unless otherwise approved by the CITY, upon termination of this Agreement, SD- HFH must complete all Work in progress and terminate any other activities that were to be paid for with HOME funds. Any unexpended funds received by SD-HFH must be returned to the CITY within fourteen (14) days of the Notice of Termination. A rate of interest of six percent (6%) may be added to all funds due but not paid within fourteen (14) days of the Notice of Termination. In the event of such termination, CITY may proceed with the Work in any manner reasonably deemed proper by CITY. The actual costs reasonably and actually incurred by CITY to perform the remaining Work shall be deducted from any sum due SD-HFH under this Agreement, and the balance, if any, will be paid by SD-HFH upon demand. B. In the event that CITY notifies SD-HFH of its intention to terminate this Agreement pursuant to 10 (A) above, CITY will allow SD-HFH a time period of 30 days, to be specified in the notice of termination, for SD-HFH to cure or commence to cure the violation to CITY's satisfaction provided that if the violation is as such that it cannot be fully cured within said 30-day period, SD-HFH shall have such additional time as may be reasonably necessary to cure such violation so long as SD-HFH proceeds promptly after receipt of CITY's notification and proceeds diligently at all times to complete said cure. C. This Agreement is valid and enforceable only if sufficient funds are made available to CITY by HUD for the purposes of this program. It is mutually agreed that if Congress does not appropriate sufficient funds for the HOME Program, this Agreement will be amended to reflect any reductions in funds. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress, promulgated in federal regulations or any federal statute or federal regulation which may affect the provisions, terms, or funding of this Agreement in any manner. The CITY has the option to terminate this Agreement under the fourteen (14) day cancellation clause or to amend the Agreement to reflect any reduction of funds. 10. Contractors and Subcontractors A. SD-HFH may not enter into any agreement, written or oral, with any contractor which has been deemed to be not eligible to receive HOME funds. A construction contractor or subcontractor is not eligible to receive HOME funds if the construction contractor is not properly licensed and in good standing with the State of California, Contractors State License Board, is listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors, or is deemed an ineligible contractor by CITY. HOME CHDO Funding Agreement Page 4 of 22 Attachment No. 2 B. CITY reserves the right to review and disapprove any contracts or agreements executed by SD-HFH related to the Work over $25,000. Approval will be assumed unless disapproval has been made within a one week period. C. The agreement between SD-HFH and any construction contractor shall require the construction contractor and its subcontractors, if any, to: 1. Perform the Work in accordance with federal, state, and local housing and building codes as applicable. 2. Comply with applicable Labor Standards described in Paragraph 20 of this Agreement. In addition to these requirements, all contractors and subcontractors must comply with the applicable provisions of the California Labor Code; 3. Comply with the applicable Equal Opportunity Requirements described in Paragraph 21 of this agreement; 4. SD-HFH 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 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 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 SD-HFH under this Agreement 5. Maintain, if so required by law, unemployment insurance, disability insurance and liability insurance in an amount to be determined by CITY (maximum requirements in Paragraph 11 of this Agreement) which is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the contractor or any subcontractor in performing the Work or any part of it. 11. Insurance SD-HFH, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractor(s), when applicable, to purchase and maintain throughout the teen of this Agreement, the following checked insurance policies: A. El 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 HOME CHDO Funding Agreement Page 5 of 22 Attachment No. 2 include owned, non -owned, and hired vehicles ("any auto"). The policy shall name CITY and its officers, agents and employees as additional insureds, 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, 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 insureds, and a separate additional insured endorsement shall he 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 SD-HFH'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 CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If SD-HFH has no employees subject to the California Workers' Compensation and Labor laws, SD-HFH shall execute a Declaration to that effect. Said Declaration shall be provided to SD-HFH by CITY. E. The aforesaid policies shall constitute primary insurance as to CITY, its officers, employees, and volunteers, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, SHDFH 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 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 CITY's Risk Manager. If does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, 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. HOME CHDO Funding Agreement Page 6 of 22 Attachment No. 2 I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by CITY. 13. Inspections A. CITY may inspect any Work performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable federal, state and/or total requirements, the construction contract, and this Agreement. SD-HFH agrees to require that all Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the construction contractor or subcontractor until it is so corrected. B. CITY reserves the right to inspect the property at any reasonable time during normal business hours during the period of construction and throughout the period of affordability. 14. Records A. SD-HFH must maintain the following general program records for inspection by CITY, and must upon request provide to CITY copies of 1. Records of the efforts to maximize participation by the private sector, including nonprofit corporations and for -profit corporations in all phases of the HOME program (financing, development, construction, and management) as required by 24 CFR Section 92.200; 2. Records which demonstrate that 100 percent (100%) of the homeownership assisted units are occupied by households that qualify as low-income families, as required by 24 CFR Sections 92.217 and CITY's first time homebuyer program as may be used for this project; and 3. Any other records necessary to determine that expenditures were made in accordance with this agreement. B. SD-HFH must maintain and provide copies to the CITY of the project -specific records listed below for inspection by the CITY: 1. Records which demonstrate that the combination of governmental assistance to the project is not any more than is necessary to provide affordable housing as specified in 24 CFR Section 92.250(b); 2. Records which demonstrate that the project meets the property standards specified in 24 CFR Section 92.251 and the CITY's first time homebuyer program as may be used for this project; and 3. Records which demonstrate that the homeownership requirements of 24 CFR Section HOME CHDO Funding Agreement Page 7 of 22 Attachment No. 2 92.254 for the applicable period of affordability. Records must be maintained for each family assisted. C. SD-HFH must maintain the following federal overlay records for inspection by CITY: 1. Records which demonstrate compliance with the Equal Opportunity and Fair Housing requirements outlined in Paragraph 22 of this Agreement, including: a. Data on the extent to which each racial and ethnic group and single head of household (by gender of head of household) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOME funds as required by 24 CFR Section 92. 508( a)(7)(i)(A); b. Documentation of actions required by 24 CFR Section 92.508(a)(7)(i)(S) undertaken to meet the requirements of 24 CFR Part 135 which implements Section 3 of the Housing Development Act of 1968 (economic opportunities for low -and very low-income persons), as amended (12 U.S.C. 1701u); c. Documentation and data on the steps taken to implement outreach programs to minority -owned and female -owned businesses, as required by 24 CFR Section 92.508(a)(7)(ii), including data indicating the racial/ethnic or gender character of each business entity receiving a contract or subcontract of $25,000 or more paid, or to be paid, with HOME funds, the amount of the contract or subcontract, and documentation of SD-HFH's affiumative steps to assure that minority business and women's business enterprises have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services; and d. Documentation of the actions SD-HFH has taken to affirmatively further fair housing as required by 24 CFR Section 92.508(a)(7)(i). 2. Records indicating compliance with the affirmative marketing procedures and requirements of 24 CFR Section 92.351; 3. Records which demonstrate compliance with environmental review requirements outlined in 24 CFR Section 92.352 and 24 CFR Part 58; 4. Records which demonstrate compliance with the requirements for minimizing displacement of persons, when utilizing HOME funds, as described in 24 CFR Section 92.353 and Paragraph 23(1) of this Agreement. At a minimum, these shall include project occupancy lists identifying the name and address' of all persons occupying or moving into the real property on (a) the date the Application for funding was submitted to the City if SD-HFH has site control, the date the City approves the applicable site, and the name and address of all persons who have the right to return to the project upon completion of rehabilitation; HOME CHDO Funding Agreement Page 8 of 22 Attachment No. 2 5. Records which demonstrate compliance with Labor Standards, as stated in Paragraph 21 of this Agreement and 24 CFI( Section 92.354, including contract provisions and payroll records; 6. Records concerning lead -based paint in accordance with Paragraph 23(8) of this Agreement and 24 CFR Section 92.355; 7. If applicable, records which support any requests for waivers of the conflict of interest prohibition as stated in 24 CFR Section 92.356; 8. Records of certifications of contractor qualifications as they relate to the licensing and debarment and suspension requirement as stated in 24 CFR 92.350; and 9. Records which demonstrate compliance with flood insurance requirements discussed in Paragraph 23(A) of this Agreement and 24 CFR Section 92.508 (a)(7)(lii). D. SD-HFH must maintain the following financial records for inspection by the CITY in conformance with separate instructions: 1. Records of all account transactions, including deposits, disbursements, and balances; 2. Records supporting requests for disbursements of HOME funds and other information required under 24 CFR Section 92.502; 3. Records of written agreements and monitoring required by 24 CFR Section 92.504; 4. Financial and related records as specified in 24 CFR Section 92.508; and 5. Records of all audits and resolution of audit findings. E. If so directed by CITY upon termination of this Agreement, SD-HFH agrees to deliver all records, accounts, documentation and all other materials relevant to the Work to CITY. 15. Outreach and Marketing Marketing and outreach efforts will include the use of informational mailings, providing information at City facilities, community organizations, places of worship, employment centers, and fair housing groups, and providing periodic information sessions on the program. Outreach will include notification of program availability. Marketing brochures and pamphlets will at a minimum include the following information: 1. basic eligibility criteria, i.e. income restriction, owner occupancy, etc. 2. the statement "the program is provided without regards to race, color, religion, sex, national origin, handicap, or familial status." 3. include the use of the Equal Housing Opportunity logotype HOME CHDO Funding Agreement Page 9 of 22 Attachment No. 2 4. program description 5. loan terms During the period of the Work, the CITY may place on the property signs stating that the HOME Program is providing financing. If SD-HFH places any signs, it must indicate in typeface and size commensurate with its funding that the CITY and HUD are a source of financing through the HOME Program. Failure to do so is a material default of this Agreement. 16. Reporting Requirements Commencing with the effective date of this Agreement and continuing through the acceptance of the project completion report, no later than thirty (30) days after the end of each calendar quarter SD-HFH must submit a performance report to CITY on letterhead of the SD-HFH and describing the progress during the previous quarter and outlining anticipated upcoming key steps. 17. Audit Retention and Inspection of Records A. All records, accounts, documentation and other materials deemed relevant to the Work by CITY must be accessible at any reasonable time during normal business hours to the authorized icpnwentatives of CITY or federal government, on reasonable prior notice for the purpose of examination or audit. B. An expenditure which is not authorized by this Agreement or which cannot be adequately documented must be disallowed, and funds must be reimbursed within thirty (30) days of the discovery to the CITY by SD-HFH, unless CITY approves in writing an alternative repayment plan. C. The determination by CITY of the allowability of any expenditure will be final. D. Pursuant to 24 CFR Part 44 and OMS Circular A-133, SD-HFH must perform an annual audit at the close of each fiscal year in which this Agreement is in effect. The audit should be performed following generally accepted government auditing standards (GAGAS). The audit reports shall be made up of at least the following three parts: 1. The financial statements and a schedule of federal awards and the auditor's report on the statements and the schedule; 2. A written report of the independent auditor's understanding of the internal control structure and the assessment of control risk; and 3. The auditor's report on compliance. F. The audit must be performed by a qualified independent auditor. SD-HFH shall notify CITY of the auditor's name and address immediately after the selection has been made. HOME CHDO Funding Agreement Page 10 of 22 Attachment No. 2 F. SD-HFH must submit one copy of all required audit reports to CITY within seven months from the close of the required audit period addressed to: City of National City Housing and Grants Attn.: Jim Ridley 1243 National City Blvd. National City, CA 92139 G. SD-HFH is responsible for the completion of audits and all costs of preparing audits. H. If there are audit findings, SD-HFH must submit a detailed response for each audit finding to CITY. The CITY will review the response and, if in agreement, the audit process will end and CITY will notify SD-HFH in writing. If CITY is not in agreement, SD-HFH will be contacted in writing and told what corrective actions must be taken. This action could include the repayment of disallowed costs or other remediation. I. SD-HFH must retain all books and records relevant to this Agreement for a minimum of five (5) years after the expiration of the Agreement and any and all amendments hereto, or for three years after the conclusion or resolution of any and all audits or litigation relevant to this Agreement, whichever is later. The CITY and HUD and/or their representatives must have unrestricted access to all locations, books and records for the purpose of monitoring, auditing or otherwise examining said locations, books and records, with or without prior notice. 18. Compliance with State Law and Regulations SD-HFH agrees to comply with all state laws and regulations that pertain to the sale of real estate, construction, health and safety, hazardous substances, labor, fair employment practices, equal opportunity and all other matters applicable to SD-HFH, its subrecipients, contractors, or subcontractors, or the Work. 19. Compliance with Federal Laws and Regulations SD-HFH agrees to comply with all federal laws and regulations applicable to HOME and to the Work, and with the required federal provisions set forth in this Agreement. 20. Environmental Requirements This Agreement is subject to the provisions of the National Environmental Policy Act (NEPA) as contained in 24 CFR Part 58. As this project is refined and proceeds, and prior to the acquisition of any property for development or rehabilitation, SD-HFH shall cooperate with the CITY in the preparation and completion of all appropriate environmental documents, to include the research and, HOME CHDO Funding Agieeinent Page 11 of 22 Attachment No. 2 compilation of documentation, maintaining environmental files, performing site reviews, and publishing of legal notices. The CITY shall be responsible for review and approval of the environmental documents and process and making the determination whether the information is in compliance with NEPA environmental requirements. The approval of the project set-up report and release of program funds by HUD is expressly conditioned upon performance of the NEPA review work performed by SD-HFH and the CITY in a manner which is deemed satisfactory and acceptable by HUD. 21. Labor Standards All new construction or rehabilitation projects with 12 or more units assisted with HOME funds shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journey persons, provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended• to relieve SD-HFH or any contractor/subcontractor of their obligation, if any, to require payment of the higher rates. This project will be a self-help project with all applicable restrictions. When applicable, SD- HFH shall cause or require to be inserted in full, in all such contracts in excess of $2,000 and subject to such regulations, provisions meeting the requirements of 29 CFR Section 5.5. 22. Equal Opportunity Requirements A. The Civil Rights, State, and Age Discrimination Acts Assurances: During the performance of this Agreement SD-HFH assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, handicap, religion, or religious preference, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975, and all implementing regulations. B. Rehabilitation Act of 1973 and the "504 Coordinator": SD-HFH further agrees to implement the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8, including but not limited to, ensuring that no otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funds. SOHFH shall designate a specific person charged with local enforcement of this Act, as the "504 Coordinator," if SD-HFH has fifteen (15) or more permanent full -or part time employees. Notices may be sent to: Section 504 Coordinator San Diego Habitat for Humanity HOME CHDO Funding Agreement Page 12 of 22 Attachment No. 2 Community Housing Corporation, Inc. 10222 San Diego Mission Road San Diego, California 92108 E. Training, Employment, and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance: 1. The Work to be performed under this Agreement is on a project or projects assisted under a program providing direct federal financial assistance from HUD and are subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.G. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for Work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR Part 135, and all applicable rules and orders of the State issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. SD-HFH will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice informing the said labor organization or worker's representative of SD-HFH's commitments under the Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. SD-HFH will include these Section 3 clauses in every contract and subcontract for Work in connection with the project over $25,000 and will. at the direction of the CITY, take appropriate action pursuant to the contract upon a finding that SD-HFH or any contractor or subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135, and will not let any contract unless SD-HFH or contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the CITY issued thereunder prior to the execution of the Agreement shall be a condition of the federal financial assistance provided to the project, binding upon SD-HFH, its successors, and assigns. Failure to fulfill these requirements shall subject SD-HFH, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the Agreement through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. HOME CHDO Funding Agreement Page 13 of 22 Attachment No. 2 D. State Nondiscrimination Clause: 1. During the performance of this Agreement, SD-HFH and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (cancer), age, or marital status. SD-HFH and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. SD-HFH and Subcontractors must comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. SD-HFH and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. SD-HFH must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the Agreement. 3. Americans with Disabilities Act (ADA) of 1990 By signing this Agreement, SD-HFH assures CITY that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. E. Assurance of Compliance with Requirements Placed on Construction Contracts of $10,000 or more: SD-HFH hereby agrees to place in every contract and subcontract for construction exceeding $10,000 a copy of Executive Order 11246, including the "Standard Equal Employment Opportunity Construction Contract Specifications." SD-HFH furthermore agrees to insert the appropriate goals and timetables issued by the U.S. Department of Labor in such contracts and subcontracts as required by Executive Order 11246. 23. Other Required Federal Provisions A. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P. L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition, rehabilitation, or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood HOME CHDO Funding Agreement Page 14 of 22 Attachment No. 2 hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act. The use of any assistance provided under this Agreement for such acquisition, rehabilitation,• or construction in such identified areas in communities then participating in the National Flood insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(s) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. B. Lead -Based Paint Hazards: Assistance provided under this Agreement is subject to 24 CFR Part 92 as well as subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35 Funding commitments made by the CITY or SD-HFH shall be made subject to these provisions for HOME -assisted housing constructed prior to 1978. SD-HFH shall be responsible for notification, testing, abatement activities and project clearance. C. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency (hereinafter "EPA") with respect thereto, at 40 CFR Part 15, as amended from time to time. SD-HFH shall insert or cause to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction under this Agreement, the following requirements: 1. A stipulation by the contractor or subcontractor that any facility to be utilized in the performance of any nonexempt contract or subcontract is not included on the List of Violating Facilities issued by the EPA pursuant to 40 CFR Section 15.20; 2. A stipulation that the contractor comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), and all regulations and guidelines issued thereunder relating to inspection, monitoring, entry, reports, and information; HOME CHDO Funding Agreement Page 15 of 22 Attachment No. 2 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; and 4. A stipulation that all contractors will include or cause to be included the criteria and requirements in paragraphs (a) through (c) of this section in every nonexempt subcontract and that the contractor will take such action as the government may direct as a means of enforcing such provisions. In no event shall any assistance provided under this Agreement be rnili'ed with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. D. Obligations of SD-HFH with Respect to Certain Third Party Relationships: SD-HFH shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program for which assistance is being provided under this Agreement. SD- HFH shall comply with all lawful requirements of the National Environmental Policy Act of 1969 (NEPA) necessary to ensure that the program is carried out in accordance with the environmental responsibilities under 24 CFR Section 92.352. E. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. F. Interest of Members, Officers, or Employees of CITY, Members of Local Governing Body, or other Public Officials: No member, officer, or employee of the CITY and/or SD-HFH, or their designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, may have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for Work to be performed in connection with the program assisted under the Agreement SD-HFH shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Fulfillment of sweat equity obligations as defined in Section 8201 of the HOME regulations will not be considered a violation of this prohibition. G. Certification Regarding Lobbying HOME CHDO Funding Agreement Page 16 of 22 Attachment No. 2 SD-HFH will require that the language of this certification be included hi the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and no more than $100,000 for such failure. "The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have. been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; and 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress-, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions." H. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining State or CITY approval of ,the application for such assistance, or State or CITY approval of the applications for additional assistance, or any other approval or concurrence of the State required under this Agreement, Title II of the Cranston -Gonzalez National Affordable Housing Act of 1990, or state regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. I. Federal Relocation, Displacement and Acquisition: If applicable, prior to project set-up, SD-HFH shall provide the CITY with a project specific relocation plan and a certification that it will comply or has complied with the federal relocation, displacement and acquisition rules governing the HOME program, which are contained in the Uniform Relocation Act, 49 CFR Part 24, and applicable HOME CHDO Funding Agreement Page 17 of 22 Attachment No. 2 program regulations. 24 CFR Section 92.353 requires that tenants who are displaced from housing units demolished or converted as a result of HOME funded activities be provided with relocation assistance. J. Drug -Free Workplace: By signing this Agreement, SD-HFH hereby certifies under penalty of perjury under the laws of the State of California that SD-HFH will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace by taking the following actions: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establish an ongoing drug -free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the policy of maintaining a drug -free workplace; c. any available drug counseling, rehabilitation, and employee assistance programs; and d. the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Make it a requirement that each employee to be engaged in the performance of the HOME award be given a copy of the statement required by paragraph (1); 4. Notify the employee in the statement required by paragraph (1) that, as a condition of employment under the HOME award, the employee will: a. abide by the terms of the statement; and b. notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notify the City in writing, within five (5) calendar days after receiving notice under paragraph (4 )(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the loan officer or other designee on whose project the convicted employee was working, unless the CITY has designated a central point for the receipt HOME CHDO Funding Agreement Page 18 of 22 Attachment No. 2 of such notices. Notice shall include the identification number(s) of each affected Project; 6. Take one of the following actions, within thirty (30) calendar days of receiving notice under paragraph (4)(b), with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and SD-HFH may be ineligible for award of any future CITY contracts if CITY reasonably determines that any of the following has occurred: SD-HFH 1) had knowingly made a false certification, or 2) knowingly violated the certification by intentionally failing to carry out the requirements as noted above. 24. City Coordinator The coordinator of this Agreement for the CITY is Jim Ridley, Community Development Specialist or his/her designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the City HOME Coordinator at the following address; City of National City Housing and Grants Attn.: Jim Ridley 1243 National City Blvd. National City, CA 91950 25. Waivers No waiver of any breach of this Agreement will be held to be a waiver of any other prior or subsequent breach. The failure of the CITY to enforce at any time the provisions of this Agreement or to require at any time performance by SD-HFH of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the CITY to enforce these provisions. 26. Litigation HOME CHDO Funding Agreement Page 19 of 22 Attachment No. 2 A. If any provision of this Agreement, or underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, will not affect any other provision of this Agreement and the remainder of this Agreement shall remain in full force and effect Therefore, the provisions of this Agreement are deemed severable. B. SD-HFH must notify the CITY immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the CITY, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement. 27. NLRB Certification SD-HFH warrants by execution of this Agreement and does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against SD-HFH within the immediately preceding two year period because of SD-HFH's failure to comply with an order of a Federal Court which orders SD- HFH to comply with an order of the National Labor Relations Board. 29. Miscellaneous A. Time is of the essence in this Agreement. B. If any date or time period provided for in the Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date shall automatically be extended until 5:00 pm Standard Pacific Time of the next day which is not a Saturday, Sunday, or federal, state, or legal holiday. B. SD-HFH agrees to indemnify, defend and save harmless the City, its officers, agents and employees from any and all liability or claim of liability or claims and losses, including attorney fees accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all liability or claim of liability or claims and losses, including attorney fees, accruing or resulting to any person, firm or corporation who may be injured or damaged by the negligent, reckless, or intentional acts, errors or omissions of SD-HFH in the performance of this Agreement. C. Without the written consent of the City, this agreement is not assignable by SD-HFH either in whole or in part D. No alteration or variation of the terms of this Agreement 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. E. SD-HFH, and the agents and employees of SD-HFH, in the performance of this Agreement, will act in an independent capacity and not as officers or employees or agents HOME CHDO Funding Agreement Page 20 of 22 Attachment No. 2 of the City. F. This Agreement will be construed in accordance with, and governed by, the laws of the State of California. All disputes requiring the commencement of any judicial proceeding under this Agreement will have the place of venue as the South County Regional Judicial District of the County of San Diego, State of California. G. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement will remain in full force and effect and shall in no way be affected, impaired or invalidated. H. The Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. Exhibits A. Purchase -Rehabilitation -Resale Workplan B. Production Timeline and Development Calendar C. Purchase -Rehabilitation -Resale Budget Worksheet D. CHDO Proceeds Agreement E. Unsecured Environmental Indemnity F. Construction Requirements G. Housing Quality Standards H. Specifications and Technical Standards I. First -Time Homebuyer Assistance Program Manual -- Signature Page to Follow --- HOME CHDO Funding Agreement Page 21 of 22 Attachment No. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein set forth. CITY OF NATIONAL CITY By: Morrison, Mayor ts: Mayor ROVED AS TO FORM: 1_______ Cl "414.Fr Ci ttorney 6 SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPOR5TION, INC. By: Lori Holt Pfeiler Its: Executive Director BY Randy Its: Board of D' HOME CHDO Funding Agreement Page 22 of 22 Attachment No. 2 EXHIBIT A PURCHASE AND REHABILITATION WORK PLAN The purpose for the City of National City's investment of $650,000 in HUD HOME Investment Partnership funds with Habitat for Humanity -San Diego (HFH-SD) is to assist HFH-SD to purchase, rehabilitate and re -sell, as a goal, a minimum of six (6) single family homes within the city limits of the City of National City to first-time homebuyers earning 80% or less of the HUD determined Median Area Income by June 30, 2014. This investment partnership will turn vacant (foreclosed on or otherwise) single-family homes into lead-free/asbestos-free rehabilitated, quality affordable homeownership opportunities. To achieve these ends the City, through its certified Housing Inspectors, will provide a lead -based paint assessment and inspect each potential home purchase for existing health and safety and building code violations (un-permitted additions, garage conversions, electrical/plumbing upgrades, etc.) and HFH-San Diego will provide an asbestos assessment and then incorporate all that information into its overall rehabilitation plan for the house. This will ensure that the future buyer(s) will have a home free of problems for the long term and intervene in many of the unscrupulous practices that assisted lower income buyers to purchase inadequate housing during the last housing market boom/bust. Specific tasks related to achieving a completed purchase/rehabilitation/re-sale project are as follows: • It must be acknowledged that In order for the City to distribute the $650,000 in HOME funds pledged to the project in a timely manner to avoid the risk of paying back or retuming funds to HUD the program must start out with the purchase of two homes within an approximately 30 day time frame of each other. • HFH- SD will access any and all means available to it to identify potential houses to buy. The projected cumulative budget to purchase/rehabilitate/resell a single property is $230,000 with the difference between the affordable first loan and the appraised value being rolled over into second loan at the time of re -sale. The flexibility will allow multiple permutations of purchase versus rehabilitation expenditures such as purchasing properties in good condition needing only upgrades to purchasing homes with potential for resale which need major rehabilitation work. The latter scenario provides the overall best Attachment No. 2 return to the City, from a community development perspective, by removing problem properties from the housing stock and returning them to viability. • For project expediency, once a house has been selected HFH-SD should contact the City and arrange for an inspection and record review as soon as possible to best facilitate determining the scope of work to be pursued. Seller permission is required if such inspection occurs before escrow has been entered into and/or escrow instructions must indicate that such an inspection will occur. The City at this time will also facilitate submission of the HOME Program required historic structures review and perform the rest of the required HUD environmental documentation. • HFH-SD will, during this time (or immediately after the close of escrow), provide a rehabilitation Scope of Work for the City's review and approval incorporating the City's Health & Safety report into the overall rehabilitation plan. The Scope of Work will include a budget with a 10% contingency. The rehabilitation budget can include the cost of an after -rehabilitation market appraisal to establish the final sales price. • Prior to the close of escrow for the initial purchase, the City will deposit the required funds to facilitate the transaction. • When the Scope of Work has been finalized the City, immediately after the close of escrow, will deposit the rehabilitation budget amount plus the flat rate of $30,000 per unit Developer's Fee into a Dixieline Fund Control account to fund the rehabilitation activities on the house. Any unused construction funds will be left in the Fund Control until such time as they can be rolled over into the Fund Control for the next house. Up to $20,000 of the flat rate Developer's Fee can be extracted during the rehabilitation process with the remaining $10,000 to be paid when the sale to the new owner has been completed. • HFH-SD must establish a separate bank account to deposit sales proceeds from each house it sells. Co -mingling of funds is unacceptable. A copy of the bank statement should be provided to the City each month. • HFH-SD can use prior sales proceeds to enter into the next home purchase and the City will continue to fund the rehabilitation and project management costs as detailed above until the entire $650,000 in HOME funds have been distributed. HAZARDOUS MATERIALS NOTIFICATION Asbestos • Materials containing asbestos (ACM) that are to be removed as a condition of contract shall be removed and disposed of in a proper and safe manner by a Attachment No. 2 certified asbestos abatement contractor or in accordance with locally - approved disposal standards. • See California Code of Regulations, Title 8, Section 1529 for laws and regulation detailing asbestos removal and disposal. • See California Asbestos Consultants and Certified Site Technicians • Database from the Califomia Department of Occupational Safety • and Health to make sure the testing consultants and demolition • technicians are certified by the State of California. • See www.sdasbestos.org for San Diego County asbestos information • and resource site. • No asbestos containing materials shall be used for repair, replacement or • new installation. • Assessment of the need to test for asbestos will be made by the City inspector prior to issuing the bidding specifications. Lead -Based Paint • Every unit constructed before 1978 which is or may become occupied by children under the age of seven must be tested for the presence of lead (exceeding Federal Standards) in paint. Testing and assessment services will be provided by the City Lead InspectorIAssessor at no cost. • Lead based paint must be abated in accordance with federal regulations. The HUD regulation requires that lead -based paint must be abated (completely removed or encapsulated in such a way that it is rendered harmless for a minimum of 20 years.) • Lead waste can be very hazardous to human health and must be disposed of in accordance with applicable laws and regulations. This Guidance is intended to help property owners and contractors understand how to correctly dispose of lead waste when performing lead abatement activities or renovation work that disturbs old paint. Please Note: When the painted surfaces of pre-1979 structures are scraped, sanded, or demolished, You must assume that the paint debris created by this work is hazardous waste. If a certified laboratory confirms otherwise, documentation is required. Separate the paint debris and any other lead - contaminated waste from the rest of your trash and follow the disposal procedures detailed below. Lead -contaminated waste that must be properly disposed of includes rags that were used to wipe away lead -contaminated dust and vacuum cleaner bags that contain lead paint chips. These are common examples of lead waste that must be disposed of correctly. Attachment No. 2 EXHIBIT B PRODUCTION TIMELINE AND DEVELOPMENT CALENDAR Proiect Timeline Assumptions: • Assume close to parallel purchase of two homes to start program once agreement is fully executed • Assume 120 day construction schedule once construction funds are in place for each project • Assume buyer solicitation starts at close of escrow of first two houses purchased for rehabilitation and resale Estimated Individual Project Development Timeline: • 30 days to find house(s) after agreement is fully executed • HFH enters 30 day escrow • City sends historic properties to SHPO to get 30 day clearance and completes HUD environmental review • Preliminary inspection by City for Health & Safety/Lead- based paint within 20 days of closing (or sooner if there is seller permission in place)- SD-HFH checks for asbestos at earliest opportunity • Rehabilitation Plan and Budget to City within 20 days of receiving City inspection report • City reviews Plan/Budget and agreement is reached within 20 days of receiving proposed Plan/Budget • Once purchase escrow has closed City deposits funds in Dixieline Fund Control within 20 days of Plan/Budget agreement (rehab + project costs) or within five days of closing if agreement is reached during the escrow term • Construction term is approximately 120 days from the deposit of construction funds • Sale to new owner is approximately 165 days from start of construction • HFH establishes "escrow' account to keep 1st mortgage proceeds from home sales to establish fund account for future purchases. Estimated Lono Term Calendar • 1't house completion- April 15, 2013 • 2nd house completion- July 15, 2013 • 3rd house completion- October 15, 2013 • 4th house completion- February 15, 2014 • 5th house completion- May 15, 2014 • 6th house completion- to be determined Attachment No. 2 EXHIBIT C HFH PURCHASE/REHAB/RE-SALE BUDGET PROJECTION $ 650,000.00 BEGINNING PROJECT BALANCE $ (380,000.00) $ (80,000.00) $ (60,000.00) PURCHASE OF HOUSE #1 & HOUSE #2 Rehab cost/2nd loan HFH project payment $ 190,000.00 $ (190,000.00) $ (40,000.00) $ (30,000.00) from House #1 PURCHASE OF HOUSE #3 rehab cost/2nd loan HFH project payment $ 190,000.00 $ (190,000.00) $ (40,000.00) $ (30,000.00) from house #2 PURCHASE OF HOUSE #4 rehab cost/2nd loan HFH project payment $ 190,000.00 $ (190,000.00) $ (40,000.00) $ (30,000.00) from house #3 PURCHASE OF HOUSE #5 rehab cosV2nd loan HFH project payment $ 190,000.00 CHDO Proceeds from house #4 $ 190,000.00 CHDO Proceeds from house #5 $ 380,000.00 HFH CHDO PROCEEDS BALANCE AFTER HOUSE #5 $ (190,000.00) $ (40,000.00) $ (30,000.00) PURCHASE OF HOUSE #6 rehab cost/second loan HFH project payment $ 190,000.00 CHDO Proceeds from House #6 Attachment No. 2 310,000.00 RESTRICTED HFH CHDO PROCEEDS BALANCE AFTER HOUSE #6 TO BE USED FOR ADDITIONAL AFFORDABLE HOUSING DEVELOPMENT IN NATIONAL CITY. NOTE: ONCE THESE FUNDS HAVE BEEN CYCLED THROUGH HOUSING DEVELOPMENT ACTIVITIES THEY BECOME UNRESTRICTED CHDO PROCEEDS NOT SUBJECT TO HOME REQUIREMENTS. 180,000.00 TOTAL PROJECT DEVELOPMENT PAYMENTS TO HFH AFTER THE PURCHASE/REHAB/RESALE OF SIX SINGLE FAMILY HOMES Attachment No. 2 Exhibit D CHDO Proceeds Agreement This Agreement between the City of National City and San Diego Habitat for Humanity ("the CHDO") for the use, allocation, accounting, and monitoring of proceeds realized by the CHDO in the performance of the CHDO's contractual obligations to the Jurisdiction. 1. Definitions a. Project i. A project is any single address. b. Proceeds: i. Proceeds result from the sale of a single family property financed by the Jurisdiction through the HOME program. 1. Proceeds include both HOME funds and any other funds from any source which are realized by the sale of property assisted in any form or fashion with HOME funds. ii. The total HOME fimds provided by the Jurisdiction to the CHDO for any specific project under this contract, less the actual expenses for the project, the buyer's down payment, the buyer's contribution, the project fee to the developer and any non -HOME or non-CDBG mortgages are defined as CHDO Proceeds, or Proceeds. o. Allowable Use: i. An eligible activity defined by either the HOME program regulations or this agreement that directly supports the creation of affordable housing in CITY shall be collectively known as an "allowable use." Allowable uses are further defined and limited by this agreement. d. Governing Law and Regulation i. Final HOME Rule: 24 CFR Parts 91 and 92 ii. CPD Notice 97-9 2. Allowable Uses of Proceeds a. Any eligible use of HOME funds, as defined in 24 CFR Parts 91 and 92 of the Final HOME Rule shall be an allowable use under this contract, so long as the allowable use results in or supports the creation of new units of affordable single family housing for purchase by HOME qualified buyers. 3. Prohibited Uses of Proceeds a. Proceeds may not be used to fund, finance or pay for a loan counseling, debt counseling or homebuyer counseling programs or efforts as long as the Jurisdiction provides funding to any other organization or entity to provide these services. Attachment No. 2 b. Proceeds may not be used to fund any operating reserves of the CHDO. c. Proceeds may not be utilized to make repairs, reconstruct, or rebuild any unit previously financed with HOME funds without the express written permission of the Jurisdiction. 4. Accounting a. The CHDO shall retain proceeds in a separate bank account and shall provide an accounting of the use of proceeds to the Jurisdiction on a quarterly basis. i. The accounting shall designate the project and show the flow of funds into and out of the project account until all funds in the account are expended in accordance with this agreement. b. To facilitate proper accounting for the proceeds, the CHDO shall utilize the spreadsheet designated by the Jurisdiction and included here by reference. c. The auditor of the CHDO shall, at each annual audit, review the CHDO proceeds account of the CHDO and shall include in the annual audit specific language stating whether or not th CHDO has complied with the terms of this agreement. 5. Allocation and Use of Proceeds a. Under the CHDO's contract with the Jurisdiction, the Jurisdiction provides the CHDO with a development subsidy to assist in the development of single family housing within the Jurisdiction. b. The development subsidy is expended by the CHDO to build the home. c. Proceeds are realized upon the sale of the completed home to a qualified buyer per the definition provided above. i. Proceeds are realized on the date of the close of the property with the homebuyer. d. To facilitate the quick rollover and expenditure of proceeds, the CHDO will invest proceeds in the next available project as soon as the proceeds are realized, and before a request for additional funds for development activity from the Jurisdiction. 6. Draw Requests a. Requests to the Jurisdiction for disbursement of funds for land acquisition, site development and/or construction financing on any subsequent project under this contract, shall include the following: i. The full amount of the requested disbursement. 1. The amount drawn from proceeds a. Including the project name or names the amount is drawn from. Attachment No. 2 2. The net amount of the requested disbursement. 7. Monitoring and Compliance a. Each year, on or before the 31st of March, the CHDO shall deliver an audit by a certified public accountant to the Jurisdiction. i. The audit shall contain the provision noted under accounting. b. The Jurisdiction may request at any time, without prior notice, any file, financial record, or document related to any project that received any HOME funds or Proceeds. i. The CHDO agrees to comply with any request within five business days of the request. c. The Jurisdiction will monitor the CHDO's use of Proceeds based on a risk assessment. Typically, the Jurisdiction will notify the CHDO thirty days in advance of the monitoring. d. Failure by the CHDO to deliver the audit, to submit the required quarterly report, segregate the Proceeds in a separate account, or to properly account for the Proceeds to the standard provided shall by this agreement, shall be a breach of contract under the terms of this Agreement. i. The Jurisdiction, may, at the Jurisdiction's sole discretion, end all payments under the contract until the terms of this Agreement are met. Attachment No. 2 EXHIBIT E UNSECURED ENVIRONMENTAL INDEMNITY AGREEMENT THIS UNSECURED ENVIRONMENTAL INDEMNITY AGREEMENT ("Indemnity") is dated as of this day of , 20XX, by San Diego Habitat for Humanity, Inc., a California nonprofit corporation ("Indemnitor"), to and for the benefit of the City of National City ("CITY"), its successors and assigns and, to the extent not otherwise referenced, the Indemnified Parties (as hereinafter defined). RECITALS A. CITY has agreed to make a grant ("Grant") to Indemnitor as described in that certain CHDO Funding Agreement between CITY and Indemnitor, dated as of , 20XX ("Agreement"). B. It is a condition of CITY's making the Grant that this Indemnity be executed and delivered by Indemnitor. CITY is making the Grant in reliance upon this Indemnity. C. This Indemnity is unsecured. D. This Indemnity Agreement provides blanket indemnity for all properties purchased with Grant funds as described in the Agreement referenced above. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of CITY granting the Funds, and other valuable consideration, the receipt of which is hereby aclmowledged, Indemnitor agrees as follows: 1. Indemnity. (a) Subject to Sections 2, 3 and 4 below, Indemnitor hereby agrees to defend, protect, indemnify and hold harmless C1TY, CITY's affiliates, directors, officers, shareholders, agents and employees, and CITY's participants, successors and assigns specified in Section 4 hereof (hereinafter, collectively, the "Indemnified Parties"), from and against, and shall reimburse the Indemnified Parties for, any and all actual out-of-pocket costs (including, without limitation, attorneys' fees, expenses and court costs), expenses or losses arising from any claim, liability, damage, injunctive relief, injury to person, property or natural resources, fine, penalty, action or cause of action (collectively, "Costs and Liabilities"), incurred by or asserted against any Indemnified Party and arising directly or indirectly, in whole or in part, out of the release, discharge, deposit or presence, or alleged or suspected release, discharge, deposit or presence, of any Hazardous Materials at, on, within, under, about or from the Property, or in or adjacent to any part of the 1 Attachment No. 2 Property, or in the soil, groundwater or soil vapor on or under the Property, or elsewhere in connection with the transportation of Hazardous Materials to or from the Property in violation of any Hazardous Materials Laws, whether or not known to Indemnitor or Indemnified Parties, whether foreseeable or unforeseeable, regardless of the source of such release, discharge, deposit or presence or, except as expressly provided to the contrary in Sections 2 and 4 hereof, regardless of when such release, discharge, deposit or presence occurred or is discovered. Without limiting the generality of the foregoing indemnity, such Costs and Liabilities shall include, without limitation, all actual out- of-pocket costs incurred by indemnified Parties in connection with (i) determining whether the Property is in compliance with this Indemnity and with all applicable Hazardous Materials Laws or the amount of money required to remediate any environmental contamination, and causing the Property to be or become in compliance, with all applicable Hazardous Materials Laws, (ii) any removal or remediation of any kind and disposal of any Hazardous Materials present at, on, under or within the Property or released from the Property to the extent required by applicable Hazardous Materials Laws in effect at the time of such removal, remediation or disposal, and (iii) repair of any damage to the Property or any other property caused by any removal, remediation or disposal. (b) Upon demand by any Indemnified Party, Indemnitor shall defend any investigation, action or proceeding in connection with any claim or liability, or alleged claim or liability, that would, if determined adversely to such Indemnified Party, be covered by the foregoing indemnification provisions, such defense to be at Indemnitor' s sole cost and expense and by counsel reasonably approved by such Indemnified Party, which counsel may, without limiting the rights of an Indemnified Party pursuant to the next succeeding sentence of this Section 1(b), also represent Indemnitor in such investigation, action or proceeding. If any Indemnified Party determines reasonably and in good faith that its defense by Indemnitor is being conducted in a manner which is prejudicial to its interests, such Indemnified Party may elect to conduct its own defense through counsel of its own choosing and at the expense of Indemnitor. (c) As used herein, the term "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code §66700 et rem.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. §9601, et sue.), the Hazardous Materials Transportation Act (49 U.S.C. §1801, et rem, .), the Resource Conservation and Recovery Act (42 U.S.C. §6901, a sm.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. §2601 et sm.); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. §1251 et seq.); and any hazardous air 2 Attachment No. 2 pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. §7901 et sea.). Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 2. Time Limits on Claims. Notwithstanding the foregoing provisions: (a) No claim shall be made hereunder by any Indemnified Party unless and until the following event shall have occurred: vesting of title to the Property in CITY or any Indemnified Party through judicial or non judicial foreclosure or acceptance of a deed in lieu thereof. (b) Indemnitor shall not have any obligation under this Indemnity to an Indemnified Party with respect to any Costs and Liabilities that, prior to the first to occur of the events described in Section 2(a) above: (i) were actually known to CITY; (ii) were liquidated in amount, or were otherwise readily determinable in amount without undue delay; and (iii) would have been lawfully and properly includable as part of any breach of the Grant Agreement (c) if any Indemnified Party or any affiliate of any Indemnified Party has acquired ownership of the Property through foreclosure or deed in lieu of foreclosure, the obligations of Indemnitor hereunder shall apply, without limitation, to all Costs and Liabilities that arise out of or are attributable to, whether directly or indirectly, ownership of the Property or any part thereof by any Indemnified Party or any such affiliate, or to the position of such Indemnified Party or such affiliate as an owner in the chain of title to the Property or any part thereof. (d) If the requirements of the Grant Agreement has been completed in full the obligations of Indemnitor hereunder shall continue to apply, without limitation, to all Costs and Liabilities that arise out of or are attributable to, whether directly or indirectly, any claim or allegation against an Indemnified Party relating to any act or omission of such Indemnified Party in respect of the Loan or the Property, or in connection with any exercise of such Indemnified Parry's rights under the Grant Agreement. 3. Acts of Indemnified Parties. (a) Notwithstanding anything to the contrary herein, Indemnitor shall not be liable hereunder to an Indemnified Party to the extent of that portion of any Costs and Liabilities which Indemnitor establishes is attributable to an affirmative act of such Indemnified Party, its agent or any successor in interest of an Indemnified Party at the Property which causes (i) the release, discharge, deposit or presence, or alleged or suspected release, discharge, deposit or presence of a Hazardous Material at the Property, or (ii) material aggravation of a then existing Hazardous Material condition or occurrence at the Property, if and only if, in either such case referred to in (i) or (ii) above, such 3 Attachment No. 2 act was in violation of any Hazardous Materials Laws or was carried out without reasonable care under the circumstances. (b) In addition, Indemnitor shall not be liable hereunder for that portion of any Costs and Liabilities which Indemnitor establishes is attributable to the introduction and initial release, discharge or deposit, or alleged or suspected introduction, initial release, discharge or deposit of a Hazardous Material at the Property by any party, other than Indemnitor or an affiliate of Indemnitor, at any time after Indemnitor's ownership interest in the Property terminates. Notwithstanding the foregoing, but subject to Sections 2 and 3(a) above and Section 4 below, the liability of Indemnitor hereunder shall otherwise remain in full force and effect after CITY or such affiliate of CITY so acquires title to the Property, including without limitation with tweet to any Hazardous Materials which are discovered at the Property after the date CITY or such affiliate of CITY acquires title but which were actually introduced to the Property prior to the date of such acquisition. 4. Indemnified Parties. This Indemnity and Indemnitor's obligations hereunder shall inure to the benefit of and be enforceable only by (a) CITY, CITY's directors, officers, shareholders, agents and employees, (b) any person or entities to which any CITY participates, assigns or sells all or any portion of its interest in the Loan, or which otherwise succeeds to the interest of CITY under the Agreement, whether by purchase or otherwise, and (c) any affiliate of CITY which acquires title to the Property at a foreclosure sale or by deed in lieu of foreclosure. 5. Unsecured Obligations. The obligations of Indemnitor hereunder are unsecured. This Indemnity is not intended to be, nor shall it be, secured by the Deed of Trust or any other instrument or agreement executed by Indemnitor or any other entity or person in favor of CITY or any Indem- nified Party relating to the Grant. The obligations of Indemnitor under this Indemnity are independent of any indemnification or other obligations of Indemnitor under the Grant Agreement with respect to any Hazardous Materials. The rights and remedies of the Indemnified Parties under this Indemnity shall be in addition to any other rights and remedies of such Indemnified Parties under the Agreement. In no event shall any provision of this Indemnity be deemed to be waiver of or to be in lieu of any right or claim, including without limitation any right of contribution or other right of recovery, that any person entitled to enforce this Indemnitymight otherwise have against Indemnitor under any Hazardous Materials Laws. Any sums payable hereunder shall not be deemed to be based upon any diminution in or other impairment of the value of any collateral held by CITY to enforce the Grant requirements. 6. Interest on Unpaid Amounts. Any amount claimed hereunder by an Indemnified Party not paid by Indemnitor within thirty (30) days after written demand made by such Indemnified Party and accompanied by a reasonable summary of the amounts claimed, shall bear interest at the rate of ten percent (10%) per annum or the highest interest rate permitted by law, whichever is less. 7. Limitations on Liability. The liability of Indemnitor under this Indemnity shall in no way be limited or impaired by (a) any amendment or modification of the provisions of any of the Loan Documents; (b) except as set forth in Sections 2, 3 and 4, any participation in or sale or assignment of the Loan Documents or any sale or transfer of all or part of the Property, (c) the release of Indemnitor or any person or entity from performance or observance of any of the agreements, 4 Attachment No. 2 covenants, terms, or conditions contained in any of the Loan Documents by operation oflaw; and, in any such case, whether with or without notice to hidemnitor and with or without consideration. Except as provided in Sections 2, 3 and 4, Indemnitor's obligations hereunder shall in no way be impaired, reduced or released by reason of (i) an Indemnified Parry's omission or delay in exercising any right described herein or (ii) any act or omission of an Indemnified Party in connection with any notice, demand, warming, or claim regarding violations of codes, laws or ordinances governing the Property. 8. Recourse Obligations. Notwithstanding anything to the contrary in the Loan Documents, Indemnitor shall be personally liable on a recourse basis for the obligations of Indemnitor set forth herein. 9. Successors and Assigns. This Indemnity shall be continuing, irrevocable and binding upon each of the persons and entities comprising Indemnitor and their respective heirs, successors, and assigns. 10. Inconsistencies. In the event of any inconsistencies or conflicts between the terms of this Indemnity and the terms of the Grant Agreement (including any exculpatory language contained therein), the terms of this Indemnity shall control. 11. Separate Causes of Action. A separate right of action hereunder shall arise each time an Indemnified Party acquires knowledge of any matter described herein. Separate and successive actions maybe brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action. 12. Severability. If any provision of this Indemnity shall be determined to be unenforceable in any circumstances by a court of competent jurisdiction, then the balance of this Indemnity never- theless shall be enforceable, and the subject provision shall be enforceable in all other circumstances. 13. Attorneys' Fees, In any action or proceeding brought by the Indemnified Parties to enforce any rights under this Indemnity, the prevailing party shall be entitled to all reasonable attorneys' fees and all costs, expenses and disbursements in connection with such action. 14. Notices. Any notice, demand, request or other communication which any party hereto may be required or may desire to give hereunder shall be in writing and will be effectively served upon personal delivery or, if mailed, no later than 4R hours after deposit in first class or certified United States mail, postage prepaid, sent to: To CITY: City of National City 1243 National City Boulevard National City, CA 91950-4397 To Developer: San Diego Habitat for Humanity, Inc. 10222 San Diego Mission Road San Diego, CA 92108 5 Attachment No. 2 which addresses may be changed by written notice. 15. Governing Law. This Indemnity shall be governed by and construed in accordance with the laws of the State of California. 16. Counterparts. This Indemnity may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. 17. Exhibits and Recitals Incorporated. All exhibits referred to in this Indemnity, if any, are hereby incorporated in this Indemnity by this reference, regardless of whether or not the exhibits are actually attached to this Indemnity. The Recitals to this Indemnity are hereby incorporated in this Indemnity by this reference. 18. Signature Authority. All individuals signing this Indemnity for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CITY that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. 6 Attachment No. 2 EXHIBIT F CONSTRUCTION REQUIREMENTS San Diego Habitat for Humanity's receipt of HOME funds for purposes of paying construction related costs in connection with the Project is conditioned upon the SD-HFH adherence to certain construction requirements imposed by the City in connection with the Project, including, without limitation, the requirements set forth in this EXHIBIT F. 1. Submittals and Review Procedure; Construction Monitoring (a) Submittal requirements shall include the following: (i) SD-HFH shall submit to the City a Project team -staffing plan ("Staffing Plan") for review and approval by the City. The Staffing Plan shall show all component functions and reporting relationships. (ii) SD-HFH shall submit to the City a Scope of Work with a corresponding line item budget as support for any request for funds. SD-HFH shall make sure they are familiar with the City of National City building permit requirements and apply for any and all permits as required. (iii) SD-HFH shall provide to the City a copy of the approved building permit and any construction drawings required to receive said permit. (b) The City will provide construction monitoring oversight of the Project. SD- HFH shall maintain at the job site adequate records and shall permit site access to the City at all reasonable times to accommodate the monitoring activities. The monitoring program may include, but is not limited to, the following: attendance at job site meetings; review of job correspondence; site inspections; pay request reviews and approvals; 2. Loan Disbursement and Requisitions. Requests to the City for construction progress payments ("Progress Payments") by the SD-HFH under the terms of this Agreement are to be made on the basis of percentage of work completed to the date of each such request. Dixieline Fund control will be contracted to distribute funds, obtain invoices, and require execution of appropriate lien releases from all contractors and material suppliers pursuant to Califomia mechanics lien law. Requests will be made per Dixieline's adopted fund control format. If a site visit is required by the City, the City agrees to perform the Site Visit within two working days of receipt of the request. The Attachment No. 2 City shall have up to four business days to approve the request from the original date of the request. Time is of the essence in the processing of requests. 3. Insurance (a) The purpose of this Section is to establish insurance requirements. (b) SD-HFH shall require that any contractor working on a project shall procure and maintain at Contractor's expense the following insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by such Contractor, its agents, representatives, or employees that the contractors shall otherwise meet the insurance requirements set forth below: (I) Comprehensive General Liability: $500,000 combined single limit for each occurrence ($1,000,000 General Aggregate) for bodily injury, personal injury and property damage, and products and completed operations coverage for all subcontractors. (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage covering owned, non -owned and hired vehicles. (iii) Workers Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (iv) SD-HFH shall furnish the City upon request, copies of certificates of insurance maintained by it (and all subcontractors and sub - subcontractors) with original endorsements affecting coverage as required above. 4. Construction Budget Changes. The line item construction budget may be subject to change from time to time based on possible change orders and/or changes in the scope of work. Provided there is adequate contingency remaining in the construction budget to cover such change, the Borrower may approve any changes in the line item construction budget up to the greater of $2,500 or 10% of the original line item amount without the approval of the City. The City shall have the right to approve any changes above the aforementioned limits. The Borrower agrees to provide the City with an updated construction budget within 10 days of any such change. Attachment No. 2 EXHIBIT G N HOUSING QUALITY STANDARDS These housing rehabilitation/construction standards are intended as a guide for housing assisted with United States Department of Housing and Urban Development (HUD) HOME Investment Partnership Program (HOME) funds and/or any other public funding sources. All HOME and other publicly assisted housing must, upon completion, be affordable, decent, safe, and sanitary. As such, assisted housing must meet or exceed these standards and all local codes, zoning and ordinances. With the exception of locally adopted variations, all habitable structures assisted with HOME must meet these standards. New construction shall comply In full with all applicable codes and regulations. The City of National City reserves the right to insist on repair of any item which, in accordance with this standard: 1. renders a property unsafe and/or unsanitary; 2. constitutes a major building system in danger of failure; 3. fails to meet applicable codes. SUBSTANDARD CONDITIONS When substandard conditions are encountered in a unit to be rehabilitated with HOME Program funds, all substandard items must be addressed. Any building or portion thereof which is determined to be an unsafe building in accordance with the Building Code or Housing Quality Standards, or any building or portion thereof including any dwelling unit in which there exists any conditions that endangers life, limb, health, property, safety, or welfare of the public or occupants thereof shall be deemed to be substandard. Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following: • Deteriorated or inadequate foundations • Defective or deteriorated flooring or floor supports Attachment No. 2 • Flooring or floor supports of insufficient size to safely carry imposed Toads • Members of walls, partitions or other vertical supports that split, lean, list, or buckle due to defective material or deterioration • Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed Toads with safety • Members of ceilings, roofs, and supports or other horizontal members which sag, split or buckle due to defective material or deterioration • Members of ceilings, roofs, and supports or other horizontal members that are of insufficient size to carry the imposed loads with safety • Condition of stairs, railings and porches that are hazardous or not sound • Potential for collapse of the chimney or the chimney is not capable of safely carrying smoke, fumes and gasses from the unit to the outside • Hazardous Electrical Wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. • Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross -connections or siphoning between fixtures shall be considered substandard. • Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition or which is not being used in a safe manner shall be considered substandard. • Faulty Weather Protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection. This is defined as conditions that would allow sign cant amounts of water or air to enter the unit which would result in damage such as the following: • Deteriorated, crumbling or loose plaster or stucco • Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors Attachment No. 2 • Broken, split, rotted or buckled exterior wall coverings or roof coverings • Visible internal water damage that indicates roofing failure • Faulty Materials of Construction. The use of construction materials which are not specifically allowed or approved by the Building Code, or the use of approved materials which have not been adequately maintained in a good and safe condition, shall cause a building to be substandard. Hazardous or Unsanitary Premises. The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a premises shall constitute fire, health or safety hazards and shall be abated. • improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be deemed substandard. Structures with additions or modifications must comply with applicable building codes. Substandard workmanship, unsafe items, or hazardous situations are not acceptable. If repair of these items is not cost effective, the addition or modification must be demolished. The requirements outlined in this document do not preempt local or state codes or ordinances, nor do they alter or affect a contractor's obligation to comply with local or state law or requirements. All new work must conform to local codes. Any work performed shall not cause existing buildings to become unsafe. Existing buildings legally constructed in the past shall be considered acceptable today unless they do not conform to specific local retroactive requirements as detailed in the locally enforced building codes. RESIDENTIAL HOUSING STANDARDS Structural Requirements • General Residential structures may be of any type of construction that is permitted by the Building Code. Roofs, floors, walls, foundations, and all other structural components of the building shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code. Attachment No. 2 • Shelter. Every building shall be weather protected as to provide shelter for the occupants against the elements and to exclude dampness. The roof covering shall be capable of accommodating required Toads as specified in the Building Code. The roof shall provide a barrier against the weather to protect the supporting elements and the structure beneath. Roof covering materials shall be approved and installed in a manner consistent with the manufacturer's requirements and in accordance with the Building Code. • Protection of Materials. All wood shall be protected against termite damage and decay as provided for in the Building Code. • Foundations. The foundation and its' structural elements shall be capable of accommodating all superimposed live, dead, lateral, and all other loads in accordance with accepted foundation design practices. Lots shall be provided with adequate drainage and shall be graded as to drain surface water away from foundation walls. Finish grade shall be below floor grade as per the Building Code minimum requirements. Space and Occupancy Requirements • Location on Property. Newly constructed buildings shall be located with respect to property lines and to other buildings on the same property as required by the Building Code. • Light. Habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings (Le. windows, skylights) with a minimum opening area of 10 square feet. Habitable rooms include those for living, sleeping, cooking and eating. Bathrooms, closets, halls, storage or utility space are not considered habitable rooms. • Ventilation. Habitable rooms within a dwelling unit shall be provided with natural ventilation by means of operable exterior openings (i.e. windows, doors) with a minimum opening area of 5 square feet. Bathrooms, laundry rooms, and similar rooms shall be provided with natural ventilation by means of operable exterior openings with a minimum opening area of 11/4 square feet. In lieu of required exterior openings for natural ventilation, a mechanical ventilation system may be installed providing the number of air changes to meet code for the room being ventilated. Sanitation Requirements • Plumbing Systems. An acceptable plumbing system consists of three separate parts: an adequate potable water supply system; a safe, adequate drainage system; and ample fixtures and equipment. All Installations shall be consistent with the Building Code. • Septic Systems. A septic tank with the field located away from the house is acceptable in rural areas. Documentation or certification is to be obtained Attachment No. 2 from the local health department or authorized local agency indicating that it is an approved sanitary system. • Bathrooms. Each unit must have a bathroom. The bathroom must be in a separate room with a flush toilet in operating condition. The unit must have a shower or a tub with hot and cold water in operating condition. These facilities must be connected to an approved disposal system. The facilities may be scattered within the unit (such as a toilet in one enclosure and washbasin in another area. The washbasin or sink must have a gas trap (drain trap). Floors of bathrooms shall be resistant to damage from water or dampness. • Kitchens. Each dwelling unit shall be provided with a kitchen which is defined as being a separate room or area of a larger room which is used primarily for preparation of meals and storage of food. A bedroom with a refrigerator in it cannot be defined as a kitchen. Defined by facilities contained, a kitchen or kitchen area must have a separate kitchen sink for preparing food and washing dishes, with piped hot and cold water which drains into an approved system, a stove for cooking food, a refrigerator for storing food and facilities for the sanitary disposal of food and refuse. The sink shall be of a nonabsorbent material. All appliances must be free of hazardous conditions including a damaged or broken stove, sink or refrigerator that endangers users. There must be no evidence of gas or water leakage that presents the danger of fire or electrical shock. The stove and refrigerator must be free of potential hazards due to improper hookup. • Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and be provided with hot and cold running water, except water closets may be provided with cold water only. All plumbing fixtures shall be of an approved nonabsorbent material. All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with applicable requirements of the Building Code. Mechanical System(s) Requirements • Heating. Dwelling units shall be provided with heating facilities capable of maintaining a room temperature of 70° F. (21.1°C.) at a point 3 feet above the floor directly or indirectly in all rooms used for living. Such facilities shall be installed and maintained in a safe condition and in accordance with all applicable laws and requirements of the Building Code. Un-vented fuel - burning heaters are not permitted. Wood, wood pellet or similar heating devices must be installed according to the manufacturer's directions and according to applicable requirements of the Building Code. All heating devices and wood burning heaters shall be of an approved type. • Evaporative Cooling Systems. Evaporative cooling systems shall be Installed according to the manufacturer's guidelines. Evaporative cooling systems Attachment No. 2 shall be installed so as to minimize the probability of damage from an external source. Every evaporative cooler shall be accessible for inspection, service and replacement without removing permanent construction. • Electrical Equipment. All dwelling units shall be connected to electrical power. Every habitable room shall contain at least one electrical convenience outlet and at least one electric Tight fixture. Every water closet compartment, bathroom, and laundry room shall contain at least one GFCI type electrical convenience outlet and one electric light fixture. Every kitchen shall have at least two GFCI type electrical convenience outlets and one electric light fixture. • Water Heaters. Gas water heaters may not be in bedrooms or other living areas unless safety dividers or shields are installed. Water heaters are to be properly installed and maintained with adequate venting, relief valves and discharge lines conforming to current Uniform Plumbing Codes. • Ventilation. Ventilation for rooms and areas and for fuel burning appliances shall be provided as required in the Building Code. Ventilation systems shall be maintained in good operational order. Safety Requirements • Attached Garages. Garages attached to dwelling units shall be completely separated from the residence and its' attic area by means in accordance with the Building Code. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between a garage and residence shall be equipped with a properly fire rated self closing door as prescribed by the Building Code. Garage and carport floor surfaces shall be of approved noncombustible material. That area of floor used for parking vehicles shall be sloped to facilitate the movement of liquids toward the main vehicle entry doorway. • Exits. Dwelling units shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits that meet the local Building Code, Fire Code or considered adequate by the appropriate local officials. Sleeping rooms shall have at least one operable window or exterior door approved for emergency egress. escape, or rescue. The unit must be operable from the inside to a full clear opening without the use of separate tools. • Smoke Detectors. Each unit must have at least one hardwired (with battery backup) smoke detector in proper operating condition on each level of the dwelling unit, including basements but excluding crawl spaces and unfinished attics. Smoke detectors are to be installed inside of each separate sleeping area or bedroom, in the corridor giving access to each separate sleeping area, and where there is a ceiling elevation change of two feet or more. Detectors must be installed in accordance with and meet the requirements of Attachment No. 2 National Fire Protection Association Standard (NFPA) 74. If the unit is occupied by any hearing -impaired person, smoke detectors must have an alarm system designed for hearing impaired persons as specified by NFPA. Attachment No. 2 HOUSING REHABILITATION PROGRAM SPECIFICATIONS AND TECHNICAL STANDARDS The specifications on the following pages are incorporated by reference into every rehabilitation contract entered into through the City of National City Residential Rehabilitation Program (NCRRP). The standard specifications are grouped by trade and include general and specific requirements for various rehabilitation tasks. All demolition, additions, alterations, modifications, repairs, or improvements to property(s) and/or structure(s) performed shall fully comply with the following regulations. The table below provides information on the regulatory components that are referred to collectively herein as "local building code'. These various components, taken singularly or in total, provide the regulatory framework for the standards below and have precedence over the standards. KNOW THE CODESI!I City of National City Municipal Code Title 14 (Water and Sewer) City of National City Municipal Code Title 15 (Building and Construction) City of National City Municipal Code Title 18, Chapter 18.50 (Fences, Walls, Hedges) City of National City Municipal Code Title 18, Chapter 18.54 (Landscaping) City of National City Municipal Code Title 9, Chapter 9.12 (Fire Hazard Abatement) City of National City Municipal Code Title 9, Chapter 9.16 (Garbage) California Health and Safety Code Division 13- Housing Part 2.5 2010 California Building Code 2010 California Plumbing Code 2010 California Electrical Code 2010 Califomia Mechanical Code Attachment No. 2 2010 California Fire Code 1997 Uniform Housing Code 2010 California Energy Code 2010 Green Building Standards California Code of Regulations, Title 8, Section 1529 (Asbestos Regulations) Residential Lead -Based Paint Hazard Reduction Act of 1992 (Public Law 102-550) as amended through April 21, 2005. HUD Lead Safe Housing Rule HUD Title X, Sections 1012, 1013, 1018 EPA Lead Renovation, Repair and Painting Program- June 23, 2008 California Civil Code 1941.1 & California Health & Safety Code 17920.10, 17961, 17980, 10525 to 105257 (Lead Safe Housing and Lead Hazards) Fair Housing for HOME Program Participants- released 2005 Fair Housing Act Design Manual- amended 1998 NOTES: Substitutions: It is not desired of the Owner to exclude any product of quality equal to those specified herein or in the Invitation to Bid. Trade names are generally used only to establish the level of quality desired, but before any substitutes are made, the approval of the Owner and NCRRP Staff must be obtained. Measurements: All measurements and sizes stated or implied in the Invitation to Bid are approximate only, and shall be verified by the contractor on -site. Applicability In the event of a conflict between these Standard Specifications and the Invitation to Bid, the latter shall govem. Not all tasks for which bids might be solicited can be specified in this Manual. Tasks for which methods and materials are not specified will be performed as indicated in the Invitation to Bid and in accordance with the best practices of the trade. SITE WORK DEMOLITION AND DEBRIS General Instructions: Demolition work shall conform to the requirements of all applicable codes, ordinances and utility company regulations. Existing shrubs and trees to remain shall be protected until demolition is complete and the site is cleared. Areas of grass killed by demolition or by storage of debris and other materials shall be raked clean, leveled, and re -seeded, unless Attachment No. 2 otherwise noted in the work list. All debris must be removed prior to final inspection and all areas be left in a neat condition. GRADING Yards: Yards scheduled to be graded will be filled and/or raked smooth to finish grade that ensures proper drainage of the lot. Backfill material shall be clean and free from debris, with no wood scraps. It will be placed according to acceptable practices. Where applicable, the top 4 inches shall be top soil suitable for plant growth. Rough grading shall establish a sub -grade parallel to and approximately 4 inches below the proposed finished grade. Finished grading shall ensure that surface and ground water does not collect either under slabs or at the outside face of basement and foundation walls. All surfaces adjacent to foundation or basement walls shall slope a minimum of 2% (1/4° inch per foot) to ensure adequate surface runoff. In no case shall surface waters be diverted into adjacent private property. Crawl Spaces: No wood surface shall be closer than 6 inches to any soil. If a moisture problem is evident in the crawl space, grading shall be done to take surface water to best ouffall. When a furnace is installed in a crawl space, grading shall be done according to clearances defined in Chapter Seven of the 2007 California Mechanical Code. Grading shall be done to take water away from fumace location. All scrap wood and concrete forming materials shall be removed from crawl spaces. Site Drainage: All local ordinances regulating the disposal of storm water, including type of piping, shall be followed. Crushed Rock Surfaces: Remove any large rocks or foreign material. Where substantial depressions exist, remove existing materials, fill with dense, well drained soil and grade to obtain a uniform surface. Top with crushed rock in sufficient amount to achieve a total depth of 4 inches. Crushed rock surfaces shall not be installed on grade in excess of 7% (7/8° per foot). The surface shall be crushed rock no less than 4 inches in depth. Borders shall be provided at all perimeter edges to retain rock. LANDSCAPE Shrubs: When shrubs are to be removed, they shall be removed complete with roots. Any depressions shall be filled with topsoil and the entire area raked smooth and clean. New Planting: Type and size of new shrubs shall be as indicated in the work list. Trees: When trees are scheduled to be removed, they shall be cut to a point as close to the finish grade as possible. The NCHPP/owner may elect to have the stump(s) ground to ground level. All debris shall be removed and the entire area shall be raked and/or broom swept clean. Attachment No. 2 CONCRETE GENERAL INSTRUCTIONS When patching concrete, apply a bonding agent prior to application of flush patching material. New concrete shall not be placed on extremely wet or frozen ground, and no concrete shall be placed when temperature is less than 40 degrees F. or greater than 90 degrees F., unless it is properly protected and controlled In accordance with recommendations of the American Concrete and the Portland Cement Association. The type of footing, foundation or slab system used shall be determined by Toad bearing capacity of the soil. Soils of low bearing capacity necessitate provisions for greater load distribution. On fill material, footings shall extend to undisturbed soil unless the fill has been sufficiently compacted to insure against excessive differential or overall movement of the structure. PAVING Sidewalks: Sub -grade shall be well drained and uniformly graded 3-1/2 inches below finish grade. New concrete shall be at least 3-1/2 inches thick (@2,500 psi minimum). Finish surface of new sidewalks shall be approximately parallel with that of adjacent soil; sidewalks shall be constructed so as not to impede drainage of surface water away from the house and off the property. Contraction (control) joints shall be placed 4 to 5 feet apart, but never more than 2-1/2 times in feet the thickness of the slab in inches. Depth of joint shall be 1/4 to 1/5 the thickness of the slab. Width of new concrete sections shall be as indicated in the work list but wilt never be less than 36 inches wide. Wearing surfaces shall be floated with a wood float and receive a light broom finish. Concrete shall be properly sealed with a curing agent meeting ASTM standard 309 or kept moist for a period of three (3) days to ensure proper curing. FLATWORK Deck Slabs and Patios: New deck slabs and patios shall be a minimum of 3-1/2 inches thick (@ 2,500 psi minimum). Slab shall be reinforced as needed for each installation. Provide flashing between the slab and wood construction. Slope the deck slab to drain away from the foundation wall. Wearing surfaces shall be troweled and have non-skid texture. Control joints shall be provided for all flatwork in accordance with industry standards. Floor Slabs ell or Below grade: Base for slab shall be well -compacted 4 inch sand -gravel sub - grade. New slab shall be a minimum of 4 inches thick (@ 2,500 psi minimum). When available, slope concrete to floor drains. Surfaces shall be troweled smooth. FOOTINGS Pier Blocks: New pier blocks shall be pre -cast or poured units. Block shall extend a minimum 4 inches above finished floor elevation or 6 inches above earth. They shall have the same or larger top dimensions as the wood posts. Bottom dimension will be a minimum of 12 inches square. Pier blocks shall have steel anchoring pins or recessed pockets. Attachment No. 2 Post and Pier Footings (@2,500 psi minimum): Footings supporting wood piers shall extend from a point at least 12 inches below grade to a point 6 inches above grade. They shall have the same or larger top dimension as the piers. Bottom dimensions will vary with the footing design. Pier blocks shall have steel anchoring pins or recessed post pockets. Footings supporting masonry piers shall extend at least 12 inches below grade and have the same top dimensions as the piers or a minimum of 12 inches by 12 inches. Footings supporting a second floor Toad must meet requirement FOR STRUCTURAL CALCULATIONS DETAILING SOIL CONDITION, LOAD CALCULATIONS, EARTHQUAKE STANDARDS, and ETC. AS PER CURRENT BUILDING CODE REQUIREMENTS. Footings for wood posts shall extend from a point at least 12 inches below finished floor elevations to a point at least 4 inches above; footing shall have the same top dimension as the post. When necessary to remove a section of existing floor slab, cut out a 12 inch by 12 inch section using a masonry saw or chisel. Dovetail edges so that the opening at the bottom of the slab is larger than the opening at the top. Remove enough earth to pour new concrete. Footing shall sit on a 4 inch sand gravel base. Provide steel anchoring pin or galvanized brackets. Finish concrete to match adjacent surfaces. WALLS Retaining Walls: New walls shall be gravity or cantilever type. They shall be structurally sound and durable. Design walls to resist the lateral pressure exerted by the earth behind the wall, including that material above the top of the wall. Retaining walls shall extend at least 12 inches below grade and have a 6 inch wide layer of gravel, crushed rock or sand between the earth and the wall, extending the full height of the wall. Provide reinforcement as needed and construction joints at 30 foot intervals. Place weep holes 10 feet on center and at the lowest point possible above grade. All weep holes shall be screened. All retaining walls constructed adjacent to the public way shall have the design approved by the local planning/public works department prior to commencement of work. Foundation Walls: New walls shall be no Tess than 6 inches wide for wood frame and 8 inches for masonry or masonry veneer and shall extend below finish grade as required for the particular installation. Footing dimensions shall be determined by the thickness of the wall. Provide reinforcement where needed. Concrete shall be poured continuously and vibrated to remove air pockets. Where continuous pouring is not possible, provide construction joints with reinforcement for transfer of stress. All wall openings shall be properly reinforced. Any existing walls, intersecting walls, porch or entrance slabs, or areaways shall be anchored to the new wall. One half (1/2) inch diameter anchor bolts shall be set no more than 8 inches into the concrete at 8 foot intervals, or 6 foot intervals in earthquake design areas. The top of the foundation wall shall be carefully finished and leveled for the sill plate. For foundation walls on basement houses or where conditions warrant, the exterior face of the wall shall have at least one coat of bituminous damp proofing material from footing to finish grade. New 4 inch drain piping shall be placed at the perimeter of the footing, if required by ground conditions, and connected to a storm sewer system or natural outlet. Backflll material shall be an appropriate Attachment No. 2 sand gravel mixture for proper soil drainage, and the top 3 Inches be topsoil suitable for plant growth. Replace sod or install new sod. STEPS Poured Steps: New steps shall be as wide as the sidewalk and at least 5 inches to each side of the entry door. The treads shall be a minimum of 9 inches, the risers a maximum of 7 1/2 inches and a minimum of 4 inches. Rise and run shall have a variance of no more than 3/8 inch throughout flight. Provide 1/8 inch pitch for drainage. Wearing surfaces shall be troweled and have a non-skid texture. Porch and steps will be poured a minimum of 2 inches below grade. MISCELLANEOUS FORM WORK Sump Pump Wells: New wells shall have at least 8 cubic feet capacity. Wells in crawl spaces shall have 4 inches of gravel in the bottom. The crawl area shall be trenched to the well and gravel installed where specified. Discharge from a well in a crawl space shall be to a code approved outlet. A sump well in a basement discharging to the sanitary sewer shall be vented as required by Section 409 of the Uniform Plumbing Code. MIX DESIGN Footings, foundations, etc., shall be 2,500 psi minimum. Outside slabs, porches, stairs, driveways, sidewalks and patios shall be 2,500 psi or 5.5 sack minimum with 5% + 1.5% air entrainment. Concrete pours should not exceed 3" - 4" slump. Calcium chloride is not to be used as a curing accelerator. MASONRY GENERAL INSTRUCTIONS Existing masonry units may be reused if undamaged and cleaned. New masonry units shall be true to size without cracks, chips, or other defects. New masonry units shall match existing as closely as possible. Repair and replace as specified in work write up, Where fresh masonry joins existing, the exposed surface of the set masonry shall be clean and lightly wetted so as to obtain the best possible bond with the new work. Lay masonry units plumb, square and properly anchor by keying units or utilizing manufactured ties. Lay all courses with a full mortar bed and tool all exposed joins. All grouted cells shall be vibrated twice. The color of mortar shall match existing as closely as possible. Where applicable, back parge masonry below grade. Mortar shall be protected from freezing until it has set. Thoroughly clean all exposed new masonry and all repair areas. Ail new and repaired masonry installed below grade shall be sealed. REPOINTING — TUCKPOINTING Rake out all old mortar to a depth equal to the width of the joint or 1/2 inch, whichever is greater. All deteriorated and loose mortar shall be removed, regardless of depth. Re -mortaring shall be Attachment No. 2 done as specified under general instructions above. Trowel all mortar joints to a hard, smooth, water tight surface, matching the shape of the original joint. Remove all excess mortar and thoroughly dean all repaired areas. PARGING: Parging is applying a smooth coat of mortar on a foundation wall. The end result shall be a uniform smooth finish completely covering all exposed surfaces. Parging shall also include raking out old mortar to depth 1/2 inch. Deteriorated and loose mortar shall be removed regardless of depth. CHIMNEY REPAIRS When a chimney is to be repaired, this shall include re -pointing, replacing damaged or missing masonry and installing a new cap or Flue extension • New chimney cap shall be at least 4 inches thick at the outside edge and shall slope away from the flue. ▪ New flue extension shall be 5/8 inch fire clay. Joints shall be close fitting and left smooth on the inside. The top of the flue lining shall be at least 4 inches above the top of the chimney. CHIMNEY RELINE Chimney relines, stainless steel or inflatable form fire clay, shall be done in accordance with ail applicable building and fire codes. WALLS Retaining Walls: New walls shall be structurally sound and durable. Walls shall be designed to resist the lateral pressure exerted by the earth behind the wall, including the material above the top of the wall. Masonry walls shall be constructed in accordance with the recommendations of the National Concrete Masonry Association. They shall have a 6 inch wide layer of gravel, crushed rock or sand between the earth and the wall, extending the full height of the wall. Bbck shall be set In full mortar beds with joints tooled smooth, except where the exposed surface is to be parged. Reinforce block laterally and vertically where needed and fill cavities containing reinforcement with mortar. Place weep holes 10 feet on center, and at the lowest point possible above grade. All weep holes shell be screened. The top course shall contain a bond beam or be capped to provide a finished surface. All retaining walls constructed adjacent to the public way shall have the design approved by the local planning/public works department prior to commencement of work. Block Foundation Walls: New walls shall be a minimum of 8 inches thick and shall have poured in place concrete footings not less than 6 inches thick that extend below finish grade as require by the particular installation. Block face shells shall provide a 1-1/2 inch wide mortar bed. The first course shall be set in a full mortar bed. Joints shall not exceed 3/4 inch and shall be tooled smooth, except those on an exterior face being parged. The joints between wall and footing shall be tight and have a cove of elastic caulking compound on the exterior side. Stack bond shall be laterally reinforced every second course. Provide other reinforcement where needed, Attachment No. 2 or specified. Location of control joints shall be determined by the height of the wall. The top course shall be filled or capped with at least 4 inches of solid masonry or wire mesh reinforced concrete, unless the sill plate board rests on both inner and outer face shells. Anchor bolts shall be placed no more than 6 feet on center and extend through sill and cap and two filled courses. Walls shall be bonded, keyed, or anchored to existing and intersecting walls. Porch and entrance slabs and areaways shall be anchored to the wall. All openings in the wall shall be covered with at least one coat of Portland Cement parging no less than 3/8 inch thick. Walls shall have at least one coat of bituminous damp proofing material from the footing to finish grade. New 4 inch drain piping shall be placed at the perimeter of the footing if required by ground conditions, and connected to a storm sewer or natural outlet. Backfill material shall be an appropriate sand gravel mixture for proper soil drainage. The top 3 inches shall be topsoil suitable for plant growth. Replace sod or install new sod unless otherwise specified. MISCELLANEOUS METAL WORK Ornamental Metal Handrails, Railing and Columns: New handrails, railings and columns shall be installed complete with all posts, rails, pickets, base plates, rail supports, etc. Posts shall be 1 inch square heavy gauge steel tubing. Metal shall be wrought iron. Railings shall be single - welded construction, railings welded t posts. Railings shall be securely anchored to porches, steps, retaining walls, etc., and when installed on new concrete, posts shall be embedded in concrete. Railing heights shall be as determined by code. Omamental metal shall be factory primed or factory finished. Pickets shall be a minimum of 1/2 inch square tubing or solid bar. Scrolls shall be a minimum of 1/8 inch by 1/2 inch flat bar. Prefabricated chimneys & Vents: All prefabricated chimneys, vents, and vent connectors installed for use with any fuel buming appliance shall be installed in accordance with the manufacturer's specifications. CARPENTRY GENERAL INSTRUCTIONS Carpentry: All rough and finish carpentry shall be accomplished in such a manner as to provide true, straight, square, plumb, level and rigid assemblies. Framing Lumber: All softwood framing lumber shall be #2 or better fir except for non -bearing partitions. Good quality hemlock (hem/fir) may be used for non -bearing partitions. Framing lumber for girders, beams posts, columns and other structural members shall be of a species and grade which will provide sufficient strength and rigidity to support the design load without exceeding the allowable stresses consistent with good engineering practices, and shall conform to Chapter 25 of the Uniform Building Code. All framing lumber shall be identified by the grade mark of a recognized grading association. The moisture content of the lumber shall not exceed 19% at the time of installation. New lumber in contact with masonry shall be Attachment No. 2 pressure treated. All framing members shall be accurately fitted and securely connected to each other in accordance with Table 25-D, Chapter 25 of the Uniform Building Code. Board Lumber. The grade of board lumber shall be suitable for its intended use. In general, loose knots or knot holes shall not exceed 1/3 of the width of the piece. Splits are unacceptable. Boards with defects may be used if the defects are sawed out. Lumber shall bear the label of a recognized grading association. Moisture content shall not be above 19% at the time of installation. Plywood: Plywood shall bear the label of a recognized grading association as to grade and type. Type and grade shall be suitable for its Intended use as designed and shall be installed in accordance with Chapter 25 of the Uniform Building Code. Finish Lumber. All finish lumber shall be dressed free of tool marks and other objectionable defects. Lumber for exterior trim and millwork shall be kiln -dried or otherwise seasoned; moisture content shall not be above 19%. All wood for interior wood trim shall be thoroughly kiln -dried to withstand dry artificial heat; it shall not be installed until all plaster is thoroughly dried out. Exterior wood trim and millwork shall be at least #2 or °D" cedar, except that casing for doors and windows may be of clear pine or fir. New wood for interior trim shall match existing as closely as possible in shape, size, and species. If not available, select pine or fir may be used to manufacture trim of the same style and shape. ROUGH CARPENTRY Wood Porches: When a new porch Is scheduled to be bultt complete, It shall include piers, footings, beams, joists, 5/4 x 4 tight knot cedar decking, or other decking material as specified, railings if specified, 3 foot wide steps and a roof if specified. The size of the porch shall be as indicated on the worklist. Treads shall be treated (outdoor wood) unless otherwise specified. Non-skid strips shall be installed when specified. Rise and run shall be according to Chapter 33 of the Uniform Building Code. Wood Steps: When new steps are scheduled to be installed with rise and run the same as existing, they shall include new stair jacks, treads and risers. Treads and risers shall all be even but exceed requirements of Chapter 33 of the Uniform Building Code to maintain limited headroom to a non -living or storage area. FINISH CARPENTRY Instructions for Wood Trim and Millworic: Exterior wood trim which cannot be repaired by re - nailing shall be replaced. Existing interior trim which is broken, splintered, cracked, chipped, warped or otherwise defective shall be replaced with new material. When drywall is being installed over existing wall finish and cannot be butted up to existing trim, room shall be re - trimmed (including door and window casings). Al! trim within a room shall be similar. Insofar as practical, new trim and millwork shall be delivered ready to be put in place. Moldings shall be clean cut and sharp. Single lengths of wood shall be used whenever practical. Splicing or piecing of finish work shall be done with mitered joints over a solid backing. Finger jointed Attachment No. 2 material is unacceptable for natural finish wood trim. Tooled materials shall be planed or sanded smooth. The woodwork shall be installed level and plumb, be scribed neatly to the walls and be secured firmly in place. Exposed nails used in fabrication and installation shall be finishing nails, set 1/8 inch deep. The scribing, mitering and jointing shall be secured to prevent separation. Extemal comers shall be mitered. Protect finish woodwork until time of painting. Cabinet Hardware: Hardware to be replaced shall include various knobs, catches, drawer slides, drawer rollers, etc., necessary when building a cabinet. When scheduled to be installed, all of the above found to be wom, defective or missing shall be replaced. New hardware shall be brass or aluminum finish. All miscellaneous hardware within a room shall be similar in style and finish. Mixing painted with unpainted hardware is unacceptable. Repairing Kitchen Cabinets: All damaged or missing doors, drawers and shelving shall be repaired or replaced as indicated in the worklist. Doors shall be properly aligned and shall operate freely. Drawer guides or slides shall be repaired or replaced as scheduled so that drawers slide or roll easily. Kitchen and Bath Cabinets: Contractor shall verify in the field all cabinets and countertop dimensions listed in the Invitation to Bid or shown on the drawings. Cabinet style and finish shall be indicated in the contractor's bid as per specifications and/or related cost allowances. Should new cabinets adjoin existing acceptable cabinets, the new cabinets shall match existing cabinets as closely as possible. Both wall and base cabinet assemblies shall be custom built on the job or consist of individual units joined into continuous section, and with the exception of drawer cabinets, all units shall be fully enclosed with backs, bottoms and panels, including tops for wall cabinets. Face framed, when used, shall be of necessary thickness to provide rigid construction. Comer and lineal bracing shall be provided where needed to Insure rigidity and proper jointing of components. Adjustable shelves shall be supported on ends and every 18 inches front and back. All shelves shall be solid wood, edge banded plywood or fiber board type material. Cabinets shall have all wood frames with face frames constructed of solid hardwood. Drawer and door fronts may be constructed of plywood or fiberboard type material faced with birch, oak, or similar hardwoods. Drawer and door front shall match cabinet fronts. Cabinet backs and sides may be particle board with a plastic or wood veneer covering. Base cabinets that are designed to rest directly on the floor shall provide a toe space at least 2 inches deep and 3 inches high. All exposed construction joints shall be fitted in a workmanlike manner, nails shall be set and holes shall be filled. Swinging doors shall have a device sufficient to hold doors closed. The device may be spring catch, magnetic catch, self -closing hinges or equivalent. Doors shall be properly aligned and operate freely. Drawers shall have drawer guides with nylon glides and shall slide easily. Cabinet finish shall be clean and free from scratches and other defects. All wood surfaces, inside and out, shall be finished and sealed. Cabinet units shall be installed level, plumb and true to line. They shall be fastened to suitable grounds as per manufacturer's instructions. New upper cabinets shall be attached with wood screws; nailing cabinets is not acceptable. Use closers, filler strips and finish moldings when needed for sanitary and appearance purposes. Upper cabinets shall be set 16-18 inches above Attachment No. 2 the countertop and 24 inches at sink. At the range there shall a 30 inch clearance to the bottom of the upper cabinet and 24 inches to the bottom of the range hood. Cabinets at the refrigerator shall be set to clear existing refrigerator. Countertops: Top materials shall be high pressure plastic laminate, at least 1/16 inch thick, securely bonded to the base material. Countertops made on site shall use vold free exterior grade plywood or high density particle board for base material. Provide 1-1/2 inch front edges and, unless specified otherwise, 4 inch back splash and end splashes. Color and pattern shall be chosen by the owner. Should new countertop adjoin existing, the new material shall match existing as closely as possible. If a new sink is not scheduled to be installed, re -installing the existing sink shall be part of the countertop installation. Metal Bathroom Accessories: All bath accessories shall be chrome plated unless otherwise specified. All locations shall be checked with owner prior to installation. Bath accessories specified for handicapped must comply with any and all Califomia and Federal requirements (Fair Housing, ADA, etc.) THERMAL AND MOISTURE PROTECTION Insulation: Insulation work shall comply with specifications on the Invitation to Bid and current Califomia Title 24 Energy Efficiency Standards. A certificate of insulation shall be posted on site and a copy sent to the NCRRP. SIDING General instructions: Remove all damaged sections before repairing existing siding. Sheathing and framing behind siding must be solid. New siding shall match existing es closely as possible. Apply siding with corrosion resistant nails long enough to penetrate into studs, blocking and wood sheathing. Head lap and coursing shall be required to prevent entrance of moisture into walls. Stagger joints in adjacent pieces of horizontal siding. Replace all trim incidental to this repair and caulk all joints, paying particular attention to where siding abuts trim or other material. Porch Skirting: New skirting shall be as specified in the Invitation to Bid. When new skirting is scheduled to be installed, existing skirting is to be removed completely. Install sufficient framing or backing for new skirting. All wood shall be at least 6 inches above grade. Vinyl Siding: Prior to starting work, the contractor shall examine the exterior of the house, including the fascia and soffited areas, to determine if any additional repairs need to be completed that will affect the proper installation of the siding. If any unforeseen repairs are needed, the contractor will contact NCRRP Staff and request a change order. New vinyl siding shall also include, unless otherwise specified, the following: window and door wraps, fascia and soffited wraps, belly bands, porch trim and all exposed beams, posts and/or columns. Attachment No. 2 New vinyl siding shall have a lifetkne manufacturer's warranty. Use aluminum or galvanized steel nails with 5/16 inch to 3/16 inch diameter head and avoid face nailing where possible. All nails should penetrate solid lumber a minimum of 3/4 inch excluding point. When going over 1/2 inch plywood sheathing, use screw shank nails with full penetration of the sheathing. The contractor shall provide manufacturer's warranty information to the homeowner upon completion of the work. ROOFING AND SHEATHING General instructions: Prior to starting work, the contractor shall examine the roof to determine that all repairs affecting roofing have been completed as scheduled. When new metal chimney, vent stack, roof vent, etc. are scheduled to be installed, the contractor shall cooperate with other contractors in installing flashing and counter flashing. This contractor shall also install new flashing in place of all damaged, deteriorated or missing flashing incidental to the repair or new installation. New flashing shall be installed in all valleys. The contractor shall seal all roof openings and exposed roof edges, chimneys, porch roofs, dormers, skylights and vents, with plastic asphalt cement as needed to insure water tight joints. Roofing shall be applied in accordance with the recommendations of the manufacturer. Once it has been started, the roof application shall not be delayed, except when absolutely necessary due to inclement weather. Each layer of roofing felt shall have been surfaced or glazed by the end of the working day. Should inclement weather arise it is the responsibility of the contractor to provide adequate protection of the structure and is contents. When a new roof is installed, roof vents shall be installed to provide adequate ventilation in all attic areas as per current building codes. New roofing installation shall conform to the requirements for the Underwriter's Laboratories, Inc. Class C label or better; a copy of the guaranteed fire classification shall be provided to the owner. New roofing material shall have a minimum 25 year manufacturer's guarantee. When existing roofing is brittle, badly cupped, or rotted, new material shall not be placed over existing. Final determination will be made by NCRRP staff. The quality of materials and workmanship for repairs shall meet the same standards as new installation. The contractor shall make repairs or replacements needed to roofing, flashing, drip edges, cant strips, gravel stops, etc. to provide a water proof installation. When removing damaged sections of existing roofing, replace asphalt saturated felt. Color, size and texture and type of new roofing material shall match existing as closely as possible. Asphalt or Fiberglass Roofing: For repair, since new shingles shall match existing in type, repair procedure may vary from that for re -roofing with new seal downs. Therefore, install new shingles as per manufacturer's recommendation to provide a watertight Class C label roof. For new installations, when going over existing roofing, exposed edges shall be cut back to the edge of the eaves and new metal drip edge installed. New roof shingles shall provide at least double coverage at all points, including both eaves and rake edges. All new roof installations shall have metal drip edges. If the gable end has no overhang, additional wood trim piece shall Attachment No. 2 be installed so roofing projects at least 1-1/2 inches beyond the face of the siding. Metal drip edge shall not be installed over new roofing material. New roof underlay shall be one layer #15 asphalt saturated felt and shall be double thickness from the eaves to a point not less than 24 inches beyond the inside face of the exterior wall. Seal double underlay lap to a point 24 inches beyond the inside face of the exterior wall with a continuous layer of plastic asphalt cement. Roof valleys shall be flashed with corrosion resistant sheet metal. New shingles shall be seal down asphalt or fiberglass 3-tab, with a 25 year manufacturer's warranty. Minimum exposure shall be 5 inches; minimum head -lap shall be 2 inches. Exposure shall be not less than that required for U.L. Class C label. The starter course of shingles and rake shingles shall project over eaves and rake edges approximately 1 inch. Nails or staples shall be corrosion resistant roofing nails or staples and shall be long enough to penetrate sheathing or roof boards. Color of roofing shall be owner's choice of standard readily available products. Torch down Roofing Material: Torch down roofing material shall not be installed over existing roofing. Remove existing roofing to wood deck or sheathing. Repair sheathing as needed or specified. Install metal starter edge on all edges. Install torch down roofing as per manufacturer's specifications. Supply the owner with a copy of manufacturer's warranty. Apply a full coat of reflective top coat if specified. Built -Up Roofing: For repair, remove existing gravel and broom clean roof area. Cut and repair all blisters with hot asphalt. Reinforce low spots. Apply one ply of 40# asphalt -saturated felt. Minimum end lap shall be 4 inches; minimum side lap shall be 8 inches. Cover felt with two mop coatings of asphalt. Average mopping coats shall be 25# asphalt. Replace gravel stops at exposed edges of built-up roofing where needed. All stops shall be properly secured and lapped sections shall be sealed with plastic roofing cement. Mop all edges thoroughly. Where roof drains occur in built-up roofing, the roofing for a distance of approximately 18 inches in all directions from the drain shall be pitched towards the drain. Pitch shall be uniform. Contractor shall repair roof drains to working order. For new installations, remove old roofing down to sheathing. Nail base sheet according to manufacturer's specifications. Base sheet to be 40# felt or equivalent nailed to decking. Then embed 3 layers of 15# felt, mopping between layers with 25# asphalt. Flood coat surface with 30# asphalt and embed gravel or crushed rock. Gravel or crushed rock shall be included with all new roof installations. Asphalt Roll Roofing: New roofing shall be mineral surface asphalt roll roofing, with a minimum weight of 90# per square. Coverage and underlay shall be the same as for asphalt shingle roofing described above. End -lap shall be 19 inches minimum for a 3 foot wide roll. Starter strip and edges of roofing shall project over eaves or rake edge approximately 1 inch. Nails shall be corrosion -resistant roofing nails and shall be long enough to penetrate sheathing or roof boards. Roll roofing used for low slope applications shall be selvage type or other product specified by the manufacturer for low slope installations. Color of roofing shall be owner's choice. Attachment No. 2 Metal Roofing: New metal roofing shall be installed in accordance with the manufacturer's recommendations. Maximum eaves overhang shall be 2 inches and roofing shall lap away from prevailing winds. Full length sheets are to be used when possible. All roofing materials shall carry a minimum 20 year manufacturer's warranty. For new installations with a 4:12 pitch or greater, end lap of roofing panels shall be a minimum of 6 inches; for roofs pitched under 4:12, end lap of the roofing panels shall be a minimum of 12 inches. All metal roofing installations shall include ridge vents and/or gable vents unless otherwise specified. All new metal roof installations shall include valley flashing, gable and eaves trim, foam ridge and eaves closure, plumbing vent flashing and eaves and sidewall flashing. Roofing panels shall be fastened to the base with metal screws with rubber washers; nailing is not acceptable. Color of roofing shall be owner's choice of available colors, however, galvanized and aluminum roofing will not be allowed. Caulking: All loose, cracked, rotted and broken caulking shall be removed. Apply new caulking at all roof openings and exposed roof edges. New caulking shall be plastic asphalt cement. Clean immediately all brick, concrete or woodwork soiled during caulking. Roof Flashing: When roofing or roof flashing is installed, new flashing shall be galvanized sheet metal, .024 inch thick. Piping passing through the roof shall be flashed with one piece metal flashing and cover or two piece flange and sleeve flashing. Nails shall be corrosion -resistant nails and be long enough to penetrate sheathing. All openings through the roof shall be flashed. regardless of whether they were flashed previously. Roof Sheathing: The repair of portions of existing sheathing shall result in the sheathing for that entire area being on the same plane, so that when new roofing material is applied, the finish surface is even. The quality of materials and workmanship shall meet the same standards as new installation described below. New sheathing shall be exterior grade 1/2 inch plywood, 3/8 inch exterior grade plywood may be used over skip sheathing unless specified otherwise. Plywood sheets shall be installed in a staggered pattern. If sheet edges do not meet on skip sheathing, H-clips shall be used between each rafter run. Nails or staples shall be galvanized. Nailing Instructions: For new roof installations over sheathing and felt only, stapling of shingies is acceptable. Staples must be 16 gauge. zinc coated with a minimum crown of 15/16 inch, and a minimum length sufficient to penetrate 3/4 inch into the sheathing. Staples must be driven parallel to shingles length by pneumatic stapler, assuring that the crown bears tightly and flush against the shingle without cutting the shingle surface. When re -roofing over existing roofing, nailing of shingles is the only acceptable means of anchoring the new roof, unless another method is designated by the manufacturer. Use 4-6 nails per shingle for composition or fiberglass shingles. Nails shall be galvanized, 11 or 12 Attachment No. 2 gauge with a head diameter of 3/8 inch. Nails shall be sufficient length to penetrate at least 3/4 inch in sheathing. GUTTERS AND DOWNSPOUTS Galvanized metal Gutters and Downspouts: Galvanized metal shall have corrosion preventative coating on the inside surfaces. Gutters and downspouts may be baked enamel finish. Minimum thickness of metal shall be 26 gauge. Only seamless gutters shall be installed. No joints will be allowed except at comers and where downspouts attach. New gutters shall be 5 inch OG ("K style) or half round type. Gutters shall be attached with aprons and hangers or combination hangers every 24 inches on center. No exposed strap hangers shall be used. Metal gutter installed over fascia boards on a house with no roof overhang shall be attached to spacer blocks 24 inches on center on wood framing to get gutter at least 3-1/2 inches away from siding and shall be properly flashed. Gutters shall be installed with proper pitch to downspouts so that no water overflow can get back into framing members. New downspouts shall be 2 inch by 3 inch corrugated rectangular or 3 inch corrugated round. Downspouts shall be attached to gutters and be securely fastened with strap or cast hangers at top and bottom. Provide at least one additional hanger for every 6 feet of downspout. Downspouts shall be provided with extension pieces (elbows) located not more than 6 inches above the splash block and pointed in the direction of flow. Splash blocks shall be installed with all new gutter installations unless otherwise specified. Aluminum Gutters and Downspouts: New gutters shall be 5 inch OG ("K type"). Aluminum shall be baked enamel finish with corrosion preventative coating on inside surfaced. Minimum thickness of gutters shall be 0.027 inch; minimum thickness of downspouts shall be 0.019 inch. Only seamless gutters shall be used. No joints will be allowed except at comers and where downspouts attach. Installation shall be the same as for galvanized gutters and downspouts. Cleaning and Tightening Gutters and downspouts: When cleaning and tightening of gutter and downspouts is scheduled, all joints shall be made watertight. All gutters and downspouts shall be securely connected and firmly supported and fastened. Splash Blocks: New splash blocks shall be either fiberglass or cast concrete and be installed in such a manner as to direct water away from the building. DOORS AND WINDOWS GENERAL INSTRUCTIONS Whenever a window assembly, sash or doors are being replaced, frames, headers and sills shall be repaired to provide a true, straight, square, plumb, level and rigid enclosure for the new installation. Flashing shall be replaced as needed. All openings between wood, masonry, and metal shall be caulked. Should the openings be deeper than 1/4 inch, they shall be first packed with a backing (flexible polyurethane, polyethylene, polyvinyl chloride, cured polysulfide, sponge rubber, neoprene or butyl rod) manufactured for this purpose to within 1/4 inch of the face Attachment No. 2 surface and then caulked. All new sash or doors shall fit tightly in their frames and shall operate smoothly and easily. Contractor shall repair all trim supplementary to the operation of the sash or doors. When windows are to be glazed, new glass shall be dual pane insulating glass, unless otherwise specified. When storm doors are to be re -glazed, sheet plastic ("Plexiglas") may be used in place of tempered safety glass. All hardware within a room shall be similar in style and finish. New finish hardware shall be fumished with the necessary screws, bolts, or other fastenings of a suitable size and type to anchor the hardware in position for heavy use and long life. These fastenings shall harmonize with the hardware as to material and finish. The finish hardware shall be securely fitted on properly prepared surfaces in conformity with the hardware manufacturer's instructions and templates. Carpentry cuts for the finish hardware shall be carefully and accurately made. Screws shall be turned to a firm grip but not to the point of distorting the hardware and in no case shall the screws be hammered into place. New doorknobs shall be positioned at the height of the existing doorknobs in each building and the other hardware shall be uniformly positioned. EXTERIOR DOORS Special Instructions: All exterior doors, except service doors for unheated garages and other outbuildings, shall be fully weather-stripped. Hinges for an exterior door swinging out shall have a setscrew in the barrel to prevent the removal of the pin when the door is closed. Hinges shall be galvanized under plating to prevent rusting. All doors between a carport or garage and the house shall be solid core fire rated, or equivalent, and have self -closing hardware. Hardware and Stops for Exterior Doors: New entrance lockset shall be polished brass or brushed aluminum finish. Cylindrical lock shall key outside with turn or push button on the inside; lock shall have dead pin. Contractor shall furnish 2 keys with new hardware. Double cylinder deadbolts are not allowed. New escutcheon plates shall be installed to cover unsightly marks when replacing existing hardware. Floor, base or hinge door stops shall be installed for all exterior doors. Weather-stripping: Package shall include new weather-strip and door sweep installed to stop all air infiltration around entire perimeter of door. New weather-stripping shall be cushion bronze, interlocking aluminum, or compression -type vinyl. It shall be installed continuous around door casing to prevent infiltration of dust, water, and wind. Attachment Na. 2 Thresholds and Jambs: New threshold shall be metal, water retum type, with integral weather- stripping and shall fit watertight with door. Caulk at exterior edge. New jambs and stops shall be clear fir, pine, or mahogany. Thresholds shall be fully supported. Wood Exterior doors: Type of new door shall be mahogany, solid core. Door shall be installed with new entrance lockset hardware, deadbolt lock, self -closing hardware where required and weather-strip package. Door shall be hung with three brass or brushed aluminum finish 4-inch butt hinges. When door is to be painted, it may be paint grade. All exterior wood doors shall be sealed upon installation. This shall include sealing the interior, exterior and all edges of the door. Finish shall be of owner's choice. Pre -Hung Wood Exterior doors: New pre -hung door package shall Include solid core wood door, jamb, casing, stops, trim, weather-stripping, threshold, all hardware and deadbolt lock. Opening shall be trimmed. Unless specified differently, door will be mahogany. Follow instruction for wood exterior doors. Thresholds shall be fully supported. Pre -Hung Steel or Fiberglass Exterior Door Package: New pre -hung door package shall include steel -clad or fiberglass door with wood or polyurethane core, wood jamb, casing, stops, trim, weather-stripping and aluminum threshold, all hardware, and deadbolt lock. Opening shall be trimmed. Door shall be hung with three brass or brushed aluminum finished 4-inch butt hinges. Thresholds shall be fully supported. INTERIOR DOORS Hardware, Jambs and Stops for Interior Doors: New passage set hardware shall be polished brass or brushed aluminum finish. Doors to bathrooms or toilet rooms shall have privacy lock, push button or turn button on the inside. Escutcheon plates shall be Installed to cover unsightly marks when replacing existing hardware. New jambs and stops shall be clear fir or mahogany. Finger jointed material is unacceptable. Moisture content shall not be above 19%. Wood Interior doors: Type of new door shall be as scheduled. Replacement panel doors shall match existing as closely as possible. Louvered doors shall be ventilating type. Door shall be installed with new passage set hardware and shall be hung with two brass or brushed aluminum finish 3 1/2 inch butt hinges. When door is to be natural finish, it shall be stain grade wood or it may be pre -finished. When door is to be painted, it may by paint grade. Finish shall be of owner's choice. WOOD PRE -HUNG INTERIOR DOORS: New pre -hung door package shall include wood door, jamb, casing, stops, trim and all hardware. Type of door shall be as scheduled. Opening shall be trimmed. Finger jointed material Is unacceptable. See also descriptions above. Finish shall be of owner's choice. Attachment No. 2 BI-FOLD, SLIDING AND MISCELLANEOUS DOOR HARDWARE: When scheduled to be repaired or replaced, finger pulls, knobs, push plates, door tracks, door stops, etc., found to be wom, defective or missing shall be installed new. New hardware shall be polished brass or brushed aluminum 'finish. All hardware within a room shall be similar in style and finish. Mixing painted with unpainted hardware is unacceptable. WOOD BI-FOLD DOORS: Type of new doors shall be as scheduled. Door shall be installed with new hardware. When two pairs of doors are being installed, a door aligner shall be provided where the center panels meet. Package shall include wood bi-fold doors, jambs, casing, stops, trim and all hardware. Finish shall be of owner's choice. WINDOWS SPECIAL INSTRUCTIONS: A new window assembly shall include sash, jamb, casing, mullions, frame, sill, stool, apron and all trim as appropriate to the particular type. Finger jointed material is unacceptable when wood is to be natural finish. Window assemblies shall be installed with all operating hardware and all sashes shall fit tightly in frames. All opening windows shall have screens. All sashes shall be weather-stripped. All sashes shall operate smoothly and easily. Replacement sash shall match existing as closely as possible. Install new sash as per manufacturer's recommendations, complete with new operating hardware. Operable sash shall have some means of being secured. Sash shall fit tightly in frame to prevent infiltration of dust, water and wind. New sash shall operate smoothly and easily. New windows shall meet all requirements regarding Tight and ventilation and emergency exit according to Sections 1204 and 1205 of the Uniform Building Code. CHECKING, FITTING AND FREEING WINDOWS: A sash that is painted shut shall be freed and the sash and its operating hardware shall be readjusted for smooth and easy operation. Sash locks that are not scheduled to be replaced shall be repaired and realigned as needed to firmly secure windows. When existing weights or counter -balances for double -hung windows are found to be inoperative and cannot be easily repaired, new 'quickie" or "jiffy" type spring window controls shall be installed. Spring shall be fastened securely. HARDWARE: All window hardware within a room shall be uniform in style and finish. New hardware shall not be painted. Locking window hardware shall be cast metal type; stamped metal type shall not be used. When locking hardware is scheduled to be replaced, finger lifts and pulls shall also be replaced. New hardware shall be polished brass or brushed aluminum finish. STOPS, STOOLS AND APRONS: New wood trim shall be clear fir, hemlock, or mahogany. Finger jointed material is unacceptable when wood is to be natural finish. Attachment No. 2 ALUMINUM WINDOW SASH: New sash shall be anodized aluminum. Sections shall be extruded aluminum alloy 6063-T5. Minimum nominal wall thickness shall be 0.062 inch. Construction shall be in accordance with Architectural Aluminum Manufacturers Association (AAMA) specifications. All operating sashes shall be fully weather-stripped. All sashes shall be able to be easily removed from the inside for maintenance and re -glazing. After installation, aluminum shall be thoroughly cleaned with plain water or a petroleum product such as white gasoline, kerosene or distillate. No abrasive cleaning agents shall be used. ALUMINUM WINDOW: New window frame shall be anodized aluminum. Sections shall be extruded aluminum alloy 6063-T5. Minimum nominal wall thickness shall be 0.062 inch. Construction of frame shall be in accordance with AAMA specifications and shall form neat weather -tight connections. All operating sashes shall be fully weather-stripped. Weep holes shall be provided at the factory. All sashes shall be able to be easily removed from the inside for maintenance and re -glazing. When appropriate to the installation, new aluminum assemblies shall have an anodized aluminum exterior "surround" designed to form an integral union with the existing frame and be joined in a manner as to prevent any water or air infiltration. Surround shall be the same construction as aluminum section described above. Surround shall be sized to cover all exposed exterior wood trim and shall fit neatly into openings. All opening windows shall have screens. After installation, aluminum shall be thoroughly cleaned as listed above. ALUMINUM REPLACEMENT WINDOWS: Replacement windows shall be anodized aluminum and shall meet requirements as above except the minimum nominal wall thickness shall be 0.050 inch. Sections shall be extruded aluminum alloy 6063-T5. WOOD WINDOW SASH: One -over -one type: New sash shall have spring or tension counter- balances. "Quickie" or "jiffy" spring window controls are acceptable only when the existing operating mechanism is unusable in the new installation. Window lifts and locking hardware shall be polished brass or brushed aluminum finish. VINYL REPLACEMENT WINDOWS AND VINYL STORM WINDOWS: New replacement windows and storm windows shall be constructed of PVC vinyl. All meeting rails shall be interlocking and weather -tight. Unit for double -hung storm window shall consist of self -storing insect screen and two storms. Sash and screens shall be easily removed from the inside for maintenance and re -glazing or repair. Storm doors and screens for all other types of windows shall be compatible with their operation so that they can be removed with a minimum of effort. Replacement inserts shall fit tightly in existing tracks. All operating windows shall have insect screens; wherever possible, self -storing units shall be installed. Glass shall be Grade B or better. Replacement screening shall match existing. New screening shall be anodized aluminum or fiberglass screen cloth. Weep holes in the sill shall be provided at the factory. Frame shall fit weather -tight in existing masonry or wood frame. Caulk at frame with sealant, if needed. The bead shall be at least 3/8 inch across surface. Attachment No. 2 FINISHES PLASTER PLASTERING: When patching plaster, all broken or damaged plaster shall be cut out to straight lines with clean, sharp edges. New lath and reinforcing strips shall be installed if needed. Use plaster bond material for proper adhesion of new plaster to existing. The areas to be patched shall be filled with base material and then given a finish coat of the same material as adjoining plaster. Patched areas shall match the adjacent work in finish and texture and be free of bulges. Jointing shall be flush and smooth so that the joints between the existing and the new plaster are undetectable. Cracks shall be V-jointed and bonded with fiberglass tape and joint compound, in the same manner as a drywall joint. Prior to application of new plaster, all bulging, loose or otherwise defective plaster shall be removed. New expanded metal lath, plaster stops, grounds, comer and casing beads and comer reinforcement shall be installed as needed. Support and fasten lathe to provide true lines and surfaces for new plaster. Use flat reinforcing strips where existing and new plaster surfaces butt together. Install reinforcing at all points where surfaces change or where cracking is likely to occur. All metal shall be galvanized or coated with rust inhibiting paint. New applications shall be three coat wet plaster over metal lath, two coat wet plaster over gypsum "rock lath" or two coat veneer plaster system. Apply plaster with minimum thickness as established by industry standards for the type of bases being used. EXTERIOR STUCCO PLASTER: Remove all damaged stucco. Repair metal lath or wire fabric. Over wood frame construction, apply new three coat finish and over masonry surfaces apply new two coat finish. Scratch coat shall be uniformly roughed to provide a sound base for brown or top coats. Top coats shall match existing in texture and finish. Do not apply stucco plaster when the temperature is above 90 degrees F. or below 40 degrees F., or when the temperature is not expected to remain above 40 degrees F. until initial set. Stucco plaster shall be kept damp until initial set. DRYWALL: Drywall installed over framing members shall be 1/2 inch on walls and 5/8 inch on ceilings, except that for installations requiring a one hour fire rating it shall be 5/8 inch Type X. Drywall installed over existing surfaces shall be no less than 3/8 inch on walls and 1/2 inch on ceilings. New drywall shall be tapered gypsum wallboard. When going over existing surfaces, first remove all damaged material and fur walls or ceilings so that the finished product is properly aligned. Edges and ends of wallboard shall occur on framing members, except those edges and ends that are perpendicular to the framing members. To minimize end joints, use wallboard of maximum lengths. Wallboard shall be first applied to ceilings, then to walls. When both sides of partitions are to receive wallboard, stagger joints on opposite sides. Protect all vertical exterior comers with corrosion resistant metal comer bead. When butting up to existing trim, cut drywall carefully and use casing beads for all exposed edges. Where surfaces are to be painted or wallpapered, joints shall be taped and both joints and nail depressions shall have three coats of joint cement applied as per manufacturer's recommendations. All edges shall be feathered. Attachment No. 2 Finish surfaces shall be sanded smooth and left straight and well aligned. Texture spray finish is not to be used on ceilings unless specified otherwise. When used, texture spray shall be medium texture, hard finish only —no course, polystyrene or other soft finish will be allowed. Before application, prime ceilings with a vinyl primer or equivalent. Any existing surfaces to receive texture spray must also be properly prepared for complete adhesion and non -bum through. Application shall be as per manufacturer's recommendations. No finishing or drywall shall be done unless Inside temperature is at least 55 degrees F. This temperature shall be maintained during and up to completion of finishing, including drying. Moisture resistant drywall or concrete wallboard shall be used in areas subject to moisture and in bathrooms. CERAMIC WALL AND FLOOR TILE AND CERAMIC TILE COUNTERTOPS: When repairing existing tile, first remove all cracked, loose, chipped or otherwise defective tile. Then repair setting bed or wallboard to provide a level surface for installation of new tile. When repairing floor tile, wash adjacent areas with a solution to remove all oil film present. New tile being installed next to existing tile shall match existing as closely as possible in size, color, texture and glaze. When replacement tile does not match existing, replace complete rows or areas. Carry rows and areas into corners. New tile shall be installed in the following manner. Base surface shall be smooth and plumb or level. Prior to application of adhesive, surface to receive tile shall be sealed with a water resistant sealer compatible with the adhesive to be used. Sealer shall provide a firm and durable bond to the base material. Tile adhesive may be used as the sealer when designed for this purpose, but must be applied in a separate coat. Apply adhesive to entiresurface to be tiled with a notched spreader blade. New wall tile shall be standard grade, glazed ceramic tile. New floor tile shall be glazed ceramic mosaic or ceramic tile as indicated in work list. Color of tile shall be owner's choice. All tile installations shall be properly trimmed using caps, bases, etc. Tile shall be set by "floating method". Allow at least 24 hours for evaporation of volatiles from adhesive prior to grouting. Joints shall be thoroughly saturated and washed out with clean water before grouting. All tile joints shall be filled with pointing grout. Joints between tub and tile and joints between tile and any dissimilar material shall also be grouted and caulked with a silicone sealant. Force grout into joints taking care that no open joints are left. Joints shalt then be sponged and tooled. New tile and any surrounding surfaces soiled during the repair work shall be cleaned immediately. All exposed tile edges shall be bull -nose tile. (See Material Allowances, Appendix A) TUB/SHOWER SURROUND Type of materials shall be as specified. All tub wraps shall be a minimum of 6 feet above finished floor unless specified otherwise. All tub wraps shall include flush mount soap and grab accessories. All tub wrap installation to include new water resistant drywall or concrete wallboard unless otherwise specified. The owner's choice of color and design will be from standard available products. Attachment No. 2 HARDWOOD FLOORING: When repairing or replacing hardwood flooring, all defective hardwood flooring shall be taken up from the sub floor, using care not to rip or break the tongues from the flooring strips of pieces that are Intended for reuse. Flooring shall be shimmed where necessary and be properly secured at points of bearing. The entire floor, both existing and repaired, shall then be inspected for protruding nails, and nails found to have popped out shall be countersunk. Replacement flooring shall match existing as closely as possible. ASPHALT TILE, VINYL COMPOSITION TILE (VC7) AND SHEET VINYL: Replacement tile shall match existing in type, size, pattem and texture. New tiles shall be residential grade. Asphalt tile shall be 1/8 inch thick; VAT shall be 1/16 inch thick. Tiles shall be 9 inch by 9 inch or 12 inch by 12 inch. Colors and patterns shall be homogeneous throughout the full thickness of tiles. Color and pattern shall be owner's choice. Self-adhesive tiles will not be allowed. New sheet vinyl shall have a wearing surface no less than 0.010 (10 Mils). Color shall be owner's choice. It shall be installed full size with a minimum of seams. Seams will not be allowed in doorways or other high traffic areas. When installed in areas of high moisture, bathrooms and utility rooms, it shall be seamless. All floor coverings shall meet or exceed FHA requirements and must be labeled as such. All sheet vinyl floor covering shall be installed according to manufacturer's recommendations. All surfaces to receive resilient flooring shall be clean, dry and level. All cracks, depressions and voids shall be filled or repaired. Concrete floors shall not vary from a level surface more than 1/8 inch in 10 feet in any direction. Where leveling is required, leveling latex for concrete shall be used. Prime concrete slabs on grade or below grade with a cut back before applying adhesive. For all installations, use the adhesive recommended by the resilient flooring manufacturer and apply as per instructions. All flooring shall extend under the base shoe molding. Resilient flooring shall be laid with tight joints at all points of contact. Tile stops shall be installed at all exposed edges and changes of material, and stair treads shall have edges as described below. New rubber or vinyl cove base shall be considered a part of a new floor covering unless the owner wishes to reuse existing wood base. New underlayment shall be underlayment grade plywood, or suitable materials approved by sheet vinyl manufacturer, developed for use under resilient flooring. Masonite or tempered hardboard will not be allowed. Underlayment shall be 3/8 inch except that 1/4 inch underlayment may be used over plywood sub -flooring or T&G boards not more that 3 inches wide. 1/4 inch underlayment shall be securely screwed every 3 inches on center at the perimeter and every 6 inches on center at intermediate supports; 3/8 inch underlayment shall be securely screwed every 6 inches on center at the perimeter and every 8 inches on center at intermediate supports. Nailing or pneumatic stapling will not be allowed for underlayment installation. !n all cases floors receiving new underlayment shall be smooth and free from any uneven joints, bulges and depressions. When resilient flooring is to be installed directly over sub -flooring, the sub -flooring shall be combination sub-floor/under-layment plywood (void free). Types and grades shall be the same as for plywood underlayment. Thickness shall be determined by span and spacing of floor joints. Attachment No. 2 CARPET OR TILE STOP: New divider edge shall be aluminum, approximately 1 inch wide. It shall be attached with countersunk aluminum screws. STAIR EDGING: New stair tread nosing shall be aluminum or rubber or vinyl. Nosing shall be installed on each tread and landing. Installation shall be per manufacturer's recommendations. COVE BASE: New base shall be minimum 2-1/2 inch rubber or vinyl cove base unless matching existing base of a different height or otherwise specified. Use preformed inside and outside corner pieces and an adhesive recommended by the manufacturer. Base shall be neatly installed and be firmly cemented to walls and floor. Joints where bathroom floors meet walls shall be watertight. All comer pieces shall be neatly cut and tight fitting; wrap around comers will not be allowed. Use adhesive recommended by the manufacturer on all cove base. Color shall match new or be compatible with existing resilient flooring. Pre -finished wood base will be allowed and specified for certain applications. CARPETING AND CUSHIONING: New carpeting and cushioning shall, as a minimum, conform to those specifications contained in HUD UM-44C. Type, color and pattern of carpeting shall be owner's choice. Bonded urethane cushion shall conform to HUD UM-47. Carpet shall be installed according to the best standards of the trade. The contractor shall provide a certificate to the owner stating the carpet installed is FHA approved or meets the minimum standards required for FHA approval. When carpet is installed in a specific room, all closets shall be considered as part of the room. See Material Allowance Attachment for cost details. APPLIANCES EXHAUST FANS AND DUCTED RANGE HOODS: Ventilation equipment shall bear the label of approval of a nationally recognized testing agency, and a Home Ventilation Institute or manufacturer's label showing capacity. Duct work shall be ridged metal and designed for the shortest practical run to the exterior. Installation of duct work shall comply with current mechanical code requirements . Discharge openings through roofs and walls shall be protected against entrance of rain, snow and wind. Exhaust fan units shall be installed complete with louvers and back draft dampers which will automatically close to prevent a reverse flow of air when the fan is not in operation. Duct ends shall be sealed and mechanically fastened. When replacing an existing fan, existing ductwork and related accessories may be reused if they are in good condition and appear to have a remaining life equal to that of the fan. Existing ductwork shall be inspected for obstructions and continuity. Ductless range hoods shall not be installed. When a bathroom fan is installed, it shall be installed complete with switch (of specified type), ductwork and all accessories unless specified otherwise. Fan motor shall be moisture proof and UL listed. Fan shall be wall switched; switch may be separate from light switch. Fan shall be rated for insulation cover. Size of fan will be specified in the Invitation to Bid. Grille shall be anodized aluminum or plastic. Undercut door if necessary for air movement. When a kitchen exhaust fan is to be installed new, it shall be installed complete with switch, ductwork and all accessories. Fan motor shall be UL listed. Fan shall be wall switched; switch Attachment No. 2 shall be separate from light switch. Fan shall provide a minimum of 15 air changes per hour. Grille shall be anodized aluminum or plastic. Range hood shall be installed complete with ductwork and all accessories. Unit shall include recessed light and removable, washable grease filter. Color shall be owner's choice. All venting and ducting practices and materials must meet NCRRP Specifications and 2007 California HVAC Code Standards and 2008 California Title 24 standards at a minimum. PLUMBING GENERAL INSTRUCTIONS All materials, piping, fittings, fixtures, etc., shall conform to the latest ANSI (American National Standards Institute), ASTM (American Society for Testing and Materials), CS (Commercial Standards) and FS (Federal Specifications) standards. All equipment and materials used shall be new and clearly marked to permit identification of manufacturer, model and type. Installation and materials of fixtures specified for the handicapped must comply with the provisions of the Fair Housing Act, Fair Housing for HOME Program Participants, Fair Housing Act Design Manual and all other federal, state and local requirements. The contractor shall furnish all instruments, gauges and equipment required for testing and shall perform those tests required by the related authorities. Equipment, materials or work found to be defective during testing shall be replaced by new work and be retested until proven satisfactory. All replacement sewer, water or gas systems shall be installed complete and, if necessary, final connections shall be made to the sewer main, gas meter, or water meter. All equipment and items installed under this section shall operate safely, without leakage, undue noise, vibration, corrosion or water hammer. All fixtures shall be securely supported so that no strain is placed on the connected piping. All work, fixtures and materials, shall be protected at all times. All service and supply lines installed in a location where freezing may occur shall be insulated with closed cell foam insulation, or wrapped with fiberglass batt insulation without vapor barrier. If pipe insulation is to be done by the insulation contractor, notice wilt be given in the Invitation to Bid. All excavation and backfill necessary for the installation of new underground piping shall be part of the work of this section. The trenches shall be backfilled evenly and be thoroughly compacted using acceptable fill materials. In no case shall the excavation for the trenches undermine or disturb the building foundation. When a rough -in for new equipment requires connections to the existing plumbing system, the contractor shall obtain necessary data on locations, sizes, connections, fittings, and arrangements needed to ensure proper installation of that equipment. Attachment No. 2 All drilling, cutting, and patching necessary for a proper installation of work under this section shall be done by the contractor. All patching shall be of the same materials, workmanship and finish as the original work and shall accurately match all surrounding work. Fixtures and equipment fumished by others which require plumbing connections to waste, water, vent or gas piping shall be connected by the contractor. All work shall be done without damage to structural members. Sleeves shall be provided where required and upon completion of rough -in work, sleeves shall be made sound and fire tight. Penetration of stud and masonry walls, floors, and ceilings shall be fire stopped. All joints and connections in the plumbing and drainage systems shall be gas and water tight for the pressures required by the test of the system, with the exception of those portions of piping which are installed for the purpose of leading ground or seepage water to the underground storm drains. The contractor shall be required to wet test all plumbing systems - at the expected working pressure of the system after repair and/or replacements have been made. Existing plumbing systems, or portions thereof, including building sewers (side sewers), to remain In use shall operate free of fouling and clogging, and shall not have cross -connections which may cause contamination of the water supply by back -siphoning. Gas lines shall be blown clean with compressed air, and all valves and filters shall be checked. All remaining plumbing fixtures and piping not in use shall be disconnected and removed by the contractor. All escutcheon plates shall be installed tight, caulked if necessary. The entire new and existing installation shall be left in a neat, clean, and usable condition. WATER, SEWER, FUEL AND VENT PIPING GENERAL INSTRUCTIONS: New piping at the exterior of a building shall be at least 18 inches below grade. Piping shall run parallel to the building construction and be neat and workmanlike. Piping shall be concealed in walls, below the floo.r, above the ceiling or in furred spaces. Piping shall be properly supported and be pitched to drain. Water and gas piping shall be run level without pockets and as straight as possible. New hot and cold water supply lines shall be at least 6 inches apart where parallel. Expansion and contraction shall be provided for by swing joints. New soil, waste, vent and drainage piping shall be run at a uniform grade of at least 1/4 inch per foot (2% grade). Lines under slabs shall have as short a run as possible and the run shall be as straight as possible. Copper lines shall be wrapped with plastic tape where they come in contact with any metal other than brass or lead. All connections between copper or brass and steel piping shall be made with dielectric couplings. All metallic piping shall be bonded together. Screwed pipe joints shall have threads cut the full thickness with new, clean Attachment No. 2 dies. The joints shall be carefully reamed and pipe joint compound shall be applied smoothly to the male threads and to the threads left exposed after fabrication. REPLUMBING HOUSE TO CODE: This is an instruction to the contractor and means that all water distribution piping, soil, waste and vent piping shall be installed new. Only the installation or repair of individual plumbing fixtures shall be listed in the work specifications. WATER SERVICE: New water service shall be of sufficient size to permit a continuous and ample flow of water to all fixtures at all times. Frictional losses due to piping, meter, valves, fittings and faucets shall be considered when piping size is being determined. The water service pipe shall be installed in such a manner and shall possess the necessary strength and durability to prevent leakage under all likely adverse conditions, such as corrosion or strains due to temperature changes, settlement, vibrations and superimposed Toads. The contractor shall be responsible for providing the meter and all necessary piping to complete the installation and to coordinate installation of the meter with the Water Department. GATE VALVES: The water piping on the discharges side of the water meter shall have a full way gate valve with bleeder screw. Gate valves shall be readily accessible, whether located in the basement, crawl space or within the living space itself. WATER SUPPLY (DISTRIBUTION) PIPING: New distribution service lines shall be hard temper type M copper tubing or galvanized steel. New branch service lines shall be no less than 1/2 inch. Rodent proof penetrations shall be made through floors. HOSE BIBBS: Hose bibs shall be located according to work specifications to provide an outside source of water. Hose bibs shall be frost proof type or have separate accessible stop and waste valve or readily accessible inside shut off. BUILDING SEWER (SIDE SEWER): All sanitary plumbing outlets shall be connected to combined or sanitary sewer systems when they are available. A new building sewer shall be constructed of case iron, vitrified clay, concrete or plastic. The sewer shall be constructed with watertight joints, be on a grade not less than 1/8 inch per foot, be laid on a firm bed, and be at a depth not Tess than 18 inches below grade. No tees of 90 degree ells shall be used. Cleanouts shall be installed as required by Uniform Plumbing Code. All abandoned septic tanks shall have sewage pumped and be filled with gravel or sand. SEPTIC SYSTEM INSTALLATION: New septic systems shall be installed in compliance with approved design and inspected and approval by a county health official. SOIL AND WASTE PIPING (INCLUDES DRAINS AND STACKS): Soil and waste piping and fifting shall be extra heavy or service weight cast iron, galvanized steel pipe, copper pipe or hard temper type K,L,M, or DWV copper tubing, or plastic approved under City and/or County codes. Soil stacks shall rest solidly at the base on masonry piers or heavy iron posts and be supported at intervals of no more 10 feet by stout wall hangers or brackets or on beams at each floor. No new soil or waste pipe shall be installed or permitted outside a building or be in any place where it may be subjected to freezing temperatures, unless adequate provisions is made to protect it from frost. Attachment No. 2 FLOOR DRAINS: No floor drains shall be installed in any location or manner which will interfere with proper functioning. The drain shall connect to the sanitary drainage system with an approved trap having a minimum 3 inch depth of seal. Drain shall have a backwater valve if the drain is below the elevation of the curb or property line. See also description for piping. SUMP PUMPS: New sump pumps shall be submersible type. When connected to the sanitary system discharge line piping shall have an accessible backwater valve and gate valve. The connection from the discharge line to any horizontal sanitary drainage piping shall be made from top through a wye branch fitting. All installations shall be done in accordance with Section 409 of the Uniform Plumbing Code. ROUTING DRAINS AND BUILDING OR SIDE SEWER: Drains scheduled to be routed shall be cleaned with a power driven rotary dean -out apparatus similar to the roto-rooter device. Cleaning area drains shall include either replacing or re -caulking the drainage strainers. Building sewers and side sewers scheduled to be routed shall be cleaned all the way to the main sewer connection(s). Drains, when routed, shall be free of all miscellaneous debris so as to allow the free and unobstructed flow of liquids and solids. VENT PIPING: New vent piping shall be schedule 40 galvanized steel pipe with standard black cast iron screwed fittings, DWV copper tubing or plastic approved under code. Vent piping shall extent at least 6 inches above finish roof surfaces. Re -vent piping shall be at least 1/2 of the diameter of the drain to which it is connected or be a minimum of 1-1/4 inch in diameter. Re - vent shall tie into soil stack or waste stack at a point at least 6 inches above the last fixture connected to the stack. No new vent piping shall be installed on the exterior of the building. All new vents shall be concealed in the wall. New piping passing through the roof shall be flashed with a not lighter than 26 gauge galvanized metal flashing assembly or plastic flashing. Flashing shall be set in waterproof mastic compound and be caulked around the vent. Flat roof flashing shall be the commercial type with a horizontal leg equal all around the base. FUEL PIPING: New fuel piping shall be black pipe. Pipe shall not be bent and offsets shall be made with fittings. Installation shall comply with all requirements of the applicable codes noted above. PLUMBING FIXTURES GENERAL INSTRUCTIONS: New plumbing fixtures shall be standard builder's models unless otherwise specified. Unless otherwise indicated, color of new fixtures shall match existing or be white. Fixtures shall be installed complete and ready to use. Appropriate grounds and supports shall be provided for each fixture and equipment item. Arrangements shall be made with other trades for the installation of built in items, blocking or necessary supports. Coordinate installation of plumbing fixtures with floor contractor. Attachment No. 2 All new exposed trim, fittings and pipe in finished spaces shall be chrome plated brass or be covered with chrome plated brass sleeves. WATER HEATER: Package shall include a new glass lined, quick recovery water heater, size as specified. Heater shall be equipped with a shut off valve on the incoming waterline, a pressure/temperature relief valve, (150 # and 210 degree rating) with a discharge tube to the outside of the dwelling or to 24 to 6 inches of a garage or basement floor having drainage. Heater shall be installed with wiring, or fuel piping, draft diverter and vent, as appropriate to type. Heater shall have a 5 year warranty on the tank, and shall be U.L. listed or American Gas Association certified. When new water heaters are to be relocated, they shall be installed to provide the shortest run possible from the new water heater to all fixtures. Flue pipe for gas water heaters shall be at least 28 gauge galvanized sheet metal. It shall have a minimum slope of 1/2 Inch per foot with no horizontal lengths of pipe exceeding 75 % of the height of the chimney or vent. Flue or vent connections shall have a diameter not less than the vent outlet on the heater. The flue pipe shall extend beyond the fire clay lining, but no flue pipe shall be vented into a chimney which is used for a fireplace or has a wood stove or wood furnace connected. Flue pipe can be vented into Class B vent. KITCHEN SINK: Package shall include new porcelain enameled or heavy duty stainless steel countertop sink, swing faucet with spray attachment and hose, removable cup strainers, fixture stops and supplies, and waste with trap. Sink shall have ledge unless space restrictions require otherwise. Entire unit shall be connected to service and waste lines. It shall be the responsibility of the plumbing contractor to cut the hole for the sink. LAVATORY: Wall mounted package shall include new porcelain enameled steel or cast iron lavatory, faucets with trip waste, fixture stops and supplies, trap, and wall hanger and legs. VANITY: Package shall include new vanity base, countertop with back splash, porcelain enameled steel lavatory, center set faucets with trip waste, fixture stops and supplies, and trap. Lavatory may be one piece basin or countertop. Quality of vanity sink base and countertop shall equal that of new kitchen cabinets and countertops. New vanity base to be a minimum 24 inch width unless specified otherwise. TOILET: Package shall include new vitreous china bowl (siphon jet action type) with close coupled tank and cover, plastic seat, new flange and wax ring, bolts and caps, fixture stop and supply, float -less valve and trip lever. Plastic tanks are not acceptable. When installing or re- installing a toilet they shall be caulked around their base with silicone caulk. BATHTUBS: Package shall include new porcelain enameled steel bathtub, pop-up waste and overflow with trap, concealed shower divider with trim and fittings. Tub will be recess type 5 feet by 30 inches, unless otherwise specified. SHOWER STALL: Package shall include new fiberglass base, size as specified, with trap, vent and concealed faucet and shower leg with all trim and fittings. Shower stall wrap shall either be plastic laminate, or three piece rigld molded fiberglass unit over new water resistant drywall or Attachment No. 2 concrete wallboard. (Type of wrap will be specified in work list.) Free standing shower stall and shower stalls designed for comer installation will not be allowed unless specified. ELECTRICAL GENERAL INSTRUCTIONS All materials and equipment used shall conform to the latest UL and ANSI and FS standards, as well as to all other applicable standards. All materials and equipment used shall be dearly marked to permit identification of manufacturer, model and type. The contractor shall furnish all instruments, gauges and equipment required for testing and shall perform those tests required by the related authorities. Equipment, materials or work found to be defective during testing shall be replaced by new work and be retested until proven satisfactory. All new materials shall be in good condition. Each type of material shall be of the same quality throughout the project. All finished parts of the equipment and equipment for the work of this section shall be protected against damage from whatever cause during the progress of the work and until final completion. All electrical materials and equipment in storage and during construction shall be covered in such a manner that no finished surfaces will be damaged or marred. All wiring, fixtures, switches, receptacles, etc., shall be installed with all accessories. Fixtures, equipment and materials fumished by others which require electrical wiring, connection, or related electrical work shall be connected by the electrical contractor. The contractor shall in no case install permanent electrical equipment that may be damaged by the rough in for heating, ventilation, or plumbing equipment. The contractor shall do all drilling, cutting and patching required for the Installation of the work under this section. All patching shall be of the same materials, workmanship and finish as the original work and shall match all surrounding work, painting excluded. All electrical equipment and exposed wiring not in use shall be disconnected and removed. The contractor shall keep all parts of the building and site free from accumulation of rubbish and waste materials caused by work under this section and shall remove such accumulation from the site. Ail parts of the electrical apparatus and equipment shall be thoroughly cleaned of cement, plaster and other foreign materials and be left smooth and clean. When a new service is installed it shall be the electrical contractors' responsibility to insure that all obstructions to the service drop are removed. The electrical contractor is responsible for disconnect and reconnect fees from the utility. Attachment No. 2 WIRING: All conductors shall be plainly marked or tagged as follows: 1) Underwriter's Laboratories, Inc. label; 2) Size, kind and insulation of the wire 3) Name of the manufacturing company and the trade name of the wire; Month and year when manufactured (date shall not exceed 8 months prior to the date of delivery to the site, except for feeders). Hot water heater circuit shall be #10 copper AWG., 30 amp circuit. Range circuit shall be #6 copper AWG, 50 amp circuit. Branch circuit wiring for 20 amp circuits shall be #12 copper AWG and all other branch circuit wiring shall be no smaller than #14 copper AWG. Unless otherwise required by code, all new wiring shall be sheathed cable. New 15 and 20 amp circuits shall be 2 wire with ground. Outlet boxes shall be the pressed steel knockout type or be cast iron with drills, tapped and plugged holes and be hot dipped galvanized. Outlet boxes may also be approved non-metallic type. All boxes shall be of the proper size for the number of wires or conduits passing through or terminating in the box. Approved factory made knockout seals shall be used in all boxes where knockouts are not intact. All outlet boxes shall be accurately placed and securely fastened to the structure independently of the conductor. The plastic rings shall be set flush with the surface of the ceiling or wall. The hangers for the light outlets shall have adjustable studs. Surface mounted boxes and Wire Mold" are acceptable only if areas for new circuits are not accessible in any manner without doing severe damage to walls and ceilings. When work is completed, the wiring and connections shall be tested for continuity, short circuit, proper grounding and GFCI function. REWIRE HOUSE TO CODE: New electrical service and all branch circuit wiring, fixtures, switches, receptacles, cover plates, etc., shall be installed new according to the National Electric Code. Only minimums will be required, and only special additional work such as wiring to detached garages, additional fixtures, special devices, etc., shall be listed in the Invitation to Bid. GARAGE CIRCUIT: New circuit to the garage shall be an independent branch circuit of 20 amp capacity. Circuit shall include new conductor, a keyless (switched) fixture for each parking space and at least one GFCI protected receptade. Service shall be installed complete with all wiring and accessories. FURNACE CIRCUIT: New circuit shall be an independent branch circuit of 15 amp capacity. Contractor shall wire the circuit from the junction box located near the heating unit. LAUNDRY CIRCUIT: New circuit shall be an independent branch circuit of 20 amp capacity. Receptacle for the washing machine shall be a 20 amp, 120 volt, duplex grounding type, mounted on the wall behind or adjacent to the laundry area. When installed new, the wall receptacle shall not be higher than 48 inches above the floor. Attachment No. 2 SMALL APPLIANCE CIRCUITS: New circuits shall be 20 amp capacity with two duplex grounding type outlets. When two new circuits are to be installed, a minimum of four grounded receptacles shall be provided and wired to these circuits. When these circuits also serve a pantry, dinette, breakfast room and dining area, the receptacles for these areas shall be equally divided between the extended circuits. All new kitchen circuits/outlets shall be GFCI protected in accordance with the National Electric Code. SPLITTING CIRCUITS: Splitting circuits shall include providing dedicated circuits for the following: 1 small appliances (kitchen), 2 washing machine, 3 freezer, 4 fumace, 5 dishwasher, 6 microwave oven. DRYER CIRCUIT: New circuit shall be a dedicated branch circuit of 30 amp capacity (#10 AWG). Receptacle shall not be higher than 48 inches from the floor. REPLACING WIRING: When existing wiring is to be replaced, all exposed wiring (wiring not concealed behind finished surfaces) shall be removed back to the panel box. Then new sheathed cable shall be installed for all branch circuit wiring in the basement, attic and crawl space. Installation shall be complete; including all wiring and accessories. ELECTRICAL SERVICE Size of new service shall be as indicated in the Invitation to Bid. Service package shall include new service entrance and meter base, new panel box and ground, and new service mast or senrice knob with support. Service shall be underground where required. Contact the utility company prior to installing service equipment to verify location of new service drop. All existing panels and sub -panels shall be taken out of service. Contractor is responsible for disconnect and reconnect fees. Panel installed with new service shall be main breaker panel with room for at least 20 circuits (main breaker and panel shall be consistent with the size of the service entrance). Pan& box shall be flush or surface mounted as required. Panel shall be installed in a convenient and protected location. Service equipment shall not be located in stairwells, bathrooms, clothes closets, attics, above plumbing fixtures or above laundry and kitchen appliances. Sufficient clearance and accessibility shall be provided when installed in basement near laundry trays, oil tanks or other permanent obstructions. Prior approval wilt be required if panel is to be located on the exterior of the building; this panel shall be weatherproof type. After installation, each lighting panel shall be tested with mains disconnected from the feeder, the branch connected, and wall switches closed and the fixtures permanently connected but without lamps. Each individual power circuit shall be tested at the panel with the power equipment connected for proper operation. Ail circuits in the panel shall be clearly identified. Attachment No. 2 FIXTURES AND WIRING DEVICES: When an item is Installed, a new fixture, switch or receptacle shall be installed complete with all wiring accessories. When an item is to be replaced, the existing device shall be removed and a new fixture, switch or receptacle shall be installed and connected to existing wiring. When an item is to be relocated, it shall be removed completely, (or when the existing outlet box and wiring cannot be removed, a blank cover plate shall be installed) and a new fixture, switch or receptacle shall be installed complete In the specified location. An item to be removed shall be removed completely, or when existing wiring or box cannot be removes a blank cover plate shall be installed. CONVENIENCE RECEPTACLES: Outlets to be relocated, installed new or replaced shall be complete with new cover plates. When all switches and receptacles in a room are new they shall be off white or ivory. New convenience receptacles shall be flush duplex grounded type, and shall be grounded. Surface mounted boxes and "Wire Mold" are acceptable only if areas for the new circuit are not accessible in any other manner without doing severe damage to walls or ceilings. Replacement receptacles for the kitchen (except refrigerator) and bathroom shall be GFCI protected duplex outlets; all others shall be flush duplex type. New receptacles shall not be located in a baseboard or floor. SWITCHES: When relocating or installing new switches they shall be installed complete with new cover plate. New switches shall be toggle type switches and either single pole, 3-way or 4- way as specified. LIGH77NG FIXTURES: Each lighting fixture shall be furnished with a lamp bulb or bulbs of appropriate type and wattage. New lighting fixtures shall bear either a UL or ETL label. Unless otherwise specified lighting fixtures shall be as follows: New exterior fixtures shall be wet location type; style shall be owner' choice. New keyless and pull chain fixtures shall be porcelain. All pull chain fixtures shall have a single convenience outlet. Ceiling or wall mount fixtures for the living room, dining room, bathroom, hall, kitchen and bathroom shall be owner's choice, unless otherwise specified. Fixtures in basement, second floor and attic stairways shall be located directly over the stairway section at the head or foot of the stairs. Any fixture specifically called for on the Invitation to Bid shall not be included in the retail allowance per fixture, but shall be provided by the contractor as part of the contract. ELECTRIC BASEBOARD UNITS: Existing sections of baseboard shall be cleaned and tested for proper operation. New baseboard shall be able to maintain a temperature of 70 degrees F. at a point three feet above the floor in all habitable rooms when the outside temperature is -10 degrees F., without overloading or scorching walls. New heaters shall be medium density type, limited to 250 watts per foot of baseboard. Where possible, install on outside walls and under windows. Each room or air circulation area shall have only one thermostat. Bathroom heaters can be manual switch operation. Thermostats shall be baseboard mounted unless otherwise specified. Attachment No. 2 In bathrooms, baseboard heaters shall not be within reach of the bathtub. Wall or ceiling type heaters are acceptable substitutes. HEATING, VENTILATING, AIR CONDITIONING GENERAL INSTRUCTIONS: (Note: Please review NCRRP Specifications and the California Title 24 2008 Residential Compliance Manual for California Energy Efficiency Standards and consult with NCRRP Staff concerning required Energy Efficiency Ratings (EER) for program - installed heating systems and installation methods.) All materials, equipment, piping, fittings, fixtures, etc., shall conform to the latest ANSI, ASTM, ASME and FS standards. Ali equipment used shall be new and clearly marked to permit identification of manufacturer, model and type. The contractor shall furnish all instruments, gauges and equipment required for testing and shall perform those tests required by the related authorities. Equipment, materials or work found to be defective during testing shall be replaced by new work and be retested .until proven satisfactory. Except as modified herein, the construction and installation of a equipment, accessories and appurtenances shall comply with the published standards, requirements and recommendations of the National Fire protection Association and National Board of Fire Underwriters. All equipment and items installed under this section shall operate safely and without leakage, undue wear, noise vibration or corrosion. All drilling, patching and cutting necessary for the proper installation of work under this section shall be done by the contractor. All patching shall be of the same materials, quality of workmanship and finished as the original work and shall accurately match all surrounding work (painting excluded). Equipment and materials fumished by others which require connection to the heating system, shall be connected by the contractor. All piping, ductwork and equipment shall be installed without critical damage to structural members. The contractor shall provide sleeving as required and upon completion of rough in work, sleeves shall be made sound and fire tight. Metal chimneys shall not be installed as exposed piping in habitable areas, closets, or stairways. They shall be enclosed with fireproof material to provide a minimum of 2 inch air space and meet local code requirements. The contractor shall install chrome plated escutcheons where exposed piping passes through floors, walls and ceilings. All heating and ventilation equipment and fuel storage tanks not required to remain shall be removed by the contractor. Attachment No. 2 The entire new and existing installation shall be left neat, clean and in usable condition. HEATING EQUIPMENT AND REPAIRS FORCED AIR SYSTEMS: New installations shall be complete and shall Include new furnace. ductwork and registers. Provide hot air supplies and cold air returns throughout the house. Duct insulation shall meet current CTED specifications. HEATING UNITS: New heating units shall be installed complete with new disconnect switch, electrical circuit, flue pipe and all controls, wiring, accessories, thermostat, and valves. Thoroughly clean the, oil tank, fittings, and lines. Chimney cleaning shall be performed by a licensed chimney sweep when applicable Note that the electrical contractor will wire a separate circuit (if one does not already exist) from the panel box to a junction box located near the heating unit. It is the heating contractor's responsibility to coordinate installation of the circuit unless otherwise specified. New units shall have ratings sufficient to ensure proper heating of all habitable rooms within the living unit they intend to serve. Such determinations shall be made in accordance with the best practices of the National Warm Air Heating and Air Conditioning Association, the "Guide" of the American Society of Heating. This shall include heat loss calculations if required by local authorities. Fumace shall be able to maintain a room temperature of 70 degrees at a point three feet above the floor in all habitable rooms, when outside temperature is 0 degrees F. Heating system shall be designed, installed, balanced and adjusted to provide for the distribution of heat to all habitable rooms and other spaces in accordance with the calculated heat loss of the spaces to be heated. No heating unit shall be more than 15% oversized for its particular installation. New units must have an efficiency rating of 81% or greater. All work performed in the installation of heating equipment shall be in accordance with the manufacturer's recommendations. Mechanical equipment shall be so installed and located that inspection, routine maintenance and/or repair is possible without removing item of permanent construction. Listed furnaces shall be installed in accordance with their listings. Unlisted warm air fumaces shall be installed with a minimum clearance of 6 inches between the top bonnet plenum (or between the top of an extended plenum or duct within 3 feet of such furnace) and combustible materiel. All approved gas or oil bumers shall bear the manufacturer's identification marks, the bumer trade name and the model number or size installed. HEATING UNIT CONTROLS: When heating unit controls are to be replaced or repaired, the contractor shall examine all controls for that particular unit, including the thermostat, and repair and replace those controls found to be defective. Operating and limit or safety devices shall be AGA approved or UL listed. If specified install a programmable thermostat. CLEANING AND ADJUSTING HEATING SYSTEMS: After servicing, the mechanical contractor shall leave a certificate on the fumace indicating his/her name, the work or repairs completed, and the date. Attachment No. 2 When heating units are cleaned and adjusted, the contractor shall thoroughly clean and adjust the system for proper operation. When necessary or specified replace thermostat. On forced air systems, this shall include cleaning the blower motor and fan assembly, installing new air filters and replacing blower motor drive belts and testing of combustion regulators. On oil fired systems, this shall include cleaning the oil tank (removing condensation and sediment), fittings and lines and replacing fuel filters and testing of combustion regulators. On all fossil fuel heating appliances, the heat exchangers, vent connectors and vents shall be inspected for damage or deterioration. Vent connectors and vents shall be cleaned. Ductwork shall be cleaned only when specified on the Invitation to Bid. When specified, clean and vacuum at all accessible openings. Special attention shall be paid to duct runs with floor registers. DUCTWORK AND REGISTERS: Sheet metal shall be not lighter than 28 gauge galvanized sheet metal. The sheet metal work shall be accurately formed, be fitted snugly, have exposed edges folded at least 1/2 inch and leave no sharp comers exposed. Fiberglass duct which is UL listed and meets NFPA standards is also acceptable. New flex duct is allowed if it has at least R-8 rated insulation and meets UL, NFPA and ASTM standards. All ductwork shall be properly supported with hangers or floor rest channels. Special care shall be taken in supporting flex duct to avoid any sagging or kinks. No new duct work shall be installed in finished rooms, including closets. Balance dampers shall be installed and/or ductwork shall be sized to control the flow of air to all supply registers. Dampers shall be labeled, indicating the rooms served and the system shall be balanced. New supply outlets may be installed in floors and walls. When installed in the floor, outlets shall be no closer than 6 inches to any wall. Supply outlets installed in outside walls shall be located in front of windows. Basements need not have a separate supply outlet unless specified. All supply registers shall be equipped with shut off dampers. Return air inlets shall be located in walls or floors, as is appropriate to their size and function. Supply and retum ducts in unheated space shall be Insulated to a minimum R-19. Insulation level and installation shall comply with current State of California or utility company specifications. These specifications shall be included in the Invitation to Bid. Where ducts are used for cooling, insulation shall be covered with a sealed joint vapor barrier. All forced air heating ducts shall be sealed according to CA Title 24 current duct sealing procedures using acceptable materials. PAINTING GENERAL INSTRUCTIONS: The quality of paints and related materials shall equal or exceed those first grade and related materials manufactured by: Olympic Stain Glidden Dunn Edwards "or equal" Benjamin Moore Frazee's Sherwin Edwards Attachment No. 2 All paints, primers, solvents, glues, mastics, etc. must qualify as low-VOC unless unavailable in the market place for the specific work specified. Paint shall be understood to include not only paints but also primers, enamels, sealers, stains and other coatings, plus all paint accessory materials. The addition of thinners, quick drying additives, or other adulterants of any kind shall not be permitted, except as specifically recommended by the manufacturer. Tho use of splatter -dash technique for appearance purposes on interior surfaces shall be limited to 'orange peel °or other fine -medium texture only. Texture shall not be applied to any trim, woodwork or metalwork. Any atypical paint applications and color schemes shall be paid for by the owner. Certain finish coats are formulated to serve as primers and may be so used when applied in accordance with manufacturer's recommendations. Paint shall not be applied until surfaces are thoroughly dry, excepting certain masonry paints formulated for application to wet surfaces. Contractor shall assume responsibility for such conditions and shall make good any work executed prematurely. Any work which is damaged by the contractor or his/her employees, or for any reason is unacceptable, shall be repaired or redone to match surrounding areas. All touch up painting shall match surrounding areas. No exterior painting shall be done unless the temperature is between 50 degrees F. and 10D degrees F. and is expected to remain above freezing (32 degrees F.) for at least 24 hours. Items or surfaces for which colors or finishes are not selected shall be painted or finished to match the adjacent background or adjacent finish colors or stains. Such items shall include, but not limited to, roof vents (color of roof), covers, housings, brackets, piping, duct work, drain pipes, conduit, access panels, unfinished or prime coated hardware, grills, registers, louvers, cabinets, electrical panels and similar items. New and previously unpainted hardware accessories and electrical equipment are not to be painted. Switches and their cover plates shall not be painted. Painter shall remove these items as necessary, reinstalling them when his/her work is completed. Square foot coverage per gallon shall be as recommended by the manufacturer. Paint shall have easy brushing properties. Paint shall be kept well stirred during painting and be screened free from skim, lumps and foreign matter. No paint, nor the residue thereof, shall be used after it is caked or hardened. Paint shall be worked into all comers, voids and joints. All surfaces other than those of metal items shall receive two coats of paint and all coats shall be thoroughly dry prior to application of next. Initial primer coat may be counted as one coat of the two required coats of paint, provided adequate hiding has been obtained. Tinted primer coats are acceptable. Additional coats may be required if the finish does not provide acceptable coverage or hiding. Finished work shall be uniform, free of runs and sags, smooth, free from brush marks and of Attachment No. 2 uniform color. Where paint adjoins other materials or where different colors meet, the edges of the paint shall be sharp and clean. Upon completion, the entire area shall be cleaned and left in a neat condition, including removal of all overspray. All paint shall carry a minimum manufacturer's durability warranty of 10 years, and the contractor will fully guarantee the job for one year. At least 1/2 gallon of each color used shall be left with the owner, with label attached. Colors of all paint are the owners' choice, subject to the Secretary of the Interior's guidelines in the case of historic buildings. EXTERIOR PAINTING GENERAL INSTRUCTIONS: All surfaces to be painted shall have all loose, blistered, scaling, atligatored and crazed coatings removed and shall be thoroughly cleansed to receive new paint. Paint may be applied by any of the following: brush, roller, air compressor, or airless sprayer, unless otherwise specified in the Invitation to Bld. When exterior paint is applied to correct a lead base paint problem, it shall be the contractor's responsibility to insure that the old paint that has been removed from the exterior of the house is removed from the premises according to state and local laws and guidelines. PREPARATION: Secure loose material and reset nails as needed. Caulk at all joints where caulking has deteriorated and/or is missing. Remove all miscellaneous nails, hooks, screws, tacks, etc. Remaining holes, those no larger than a dime, shall be properly filled depending on the surrounding surface material. All patches shall be sanded smooth. All windows, doors and other openings shall be re -caulked. All dried out or otherwise deteriorated glazing compound shall be replaced. If any area to be painted shows signs of mildew, those areas shall be cleaned, sanded and sealed before painting. Exterior preparation work must be inspected by NCRRP Staff prior to application of primer. After notification by the contractor, preparation work will be inspected in a timely manner. WOOD TRIM, MILLWORK AND SIDING: Sandpaper new millwork prior to application of primer or stain. Reset all loose nails and putty all nail holes and minor cracks in wood with putty after spot priming these areas with exterior oil base primer. Scuff sand all trim to remove gloss and provide tooth for adhesion of new paint. Prime coat all knots and resinous wood with a prepared knot sealer or aluminum paint (which is not considered a primer coat). Apply one coat of exterior oil base primer to all new and bare wood surfaces. Then apply two coats of exterior, non -chalking, oil base or latex paint to all wood surfaces. Doors and sash and their trim shall be gloss finish. Wherever encountered, do not paint natural finish ceiling surfaces unless specified in the Invitation to Bid. First prepare these surfaces to be refinished. Then apply at least two coats of spar varnish or polyurethane vamish formulated for exterior use. Likewise, do not paint natural finish wood shingles, shakes, or rough sawn siding unless painting of this siding is specified. Instead, apply two coats of oil or pigmented oil stain. When necessary, stain new sections of siding to match existing. Attachment No. 2 WOOD DOORS: Wood doors are to be natural finished unless otherwise specified. Prepare door for new finish. All door edges are to be eased. Edges, including the top and bottom, shall receive the same finish as the faces. Natural finish for new doors shall be one coat of stain (owner's choice of color) and at least two coats of clear sealer formulated for exterior use. Paint for new doors and existing doors shall be one coat of exterior oil base primer and one coat of exterior oil base paint. WOOD STEPS AND DECKS: Caulk all joints between wood surfaces and walls. Reset all loose nails. Apply at least two coats of oil base exterior floor or deck enamel in accordance with manufacturer's recommendations. CONCRETE AND MASONRY SURFACES: Whether specifically scheduled or not, if exterior foundation walls are badly stained or splattered with paint during painting, they shall be painted to be in harmony with the siding. Apply at least two coats of resin -emulsion paint, solvent rubber paint or floor and deck enamel to horizontal surfaces. If oil base paint is used, neutralize surface before painting. Walls shall receive at least two coats of polyvinyl acetate emulsion paint. Surfaces which have been waterproofed shall be treated as per manufacturer's instructions prior to painting. GUTTERS AND DOWNSPOUTS: Gutters and downspouts shall match trim color on house if being repainted. INTERIOR PAINT GENERAL INSTRUCTIONS: All surfaces to be painted shall have all loose, blistered, scaling, and alligator coating removed and shall be thoroughly cleansed to receive new paint. When painting wallpapered surfaces the wall paper must be tight and edges or joints feathered where necessary. Secure loose material and reset nails. Remove all miscellaneous nails, hooks, screws, and tacks from walls end wood work. Patch all holes with spackle or oil base putty depending on the surface material. All patches shall be smoothly done and all rough edges sanded smooth. Seal all un-removable grease spots or stains with sealers and/or primers designed for that purpose. Kill stain or seal all varnished wood surfaces before painting so that desired coverage is obtained. If any area to be painted shows signs of mildew, those areas shall be cleaned, sanded and sealed before painting is done. Painting by room shall include walls, ceiling, doors, windows (including those surfaces exposed by opening), trim, cabinet work, miscellaneous shehring, shall be painted and/or refinished as specified. A closet is considered a part of the room in which it is located, as well as closet rods and shelves and bracing and drawers. Natural finished items are not to be painted unless specified. Interior of cabinets will not be included unless specified. DRYWALL OR PLASTER WALLS AND CEILINGS: Hairline cracks and scraper dents shall be speckled and sanded. Open cracks shall be raked out and damaged plaster shall be removed. Apply new plaster in coats thin enough to prevent shrinkage. All repair work, when completed, shall match existing surfaces, present a neat appearance and be free of hairline cracks and Attachment No. 2 bulges. All surfaces shall be washed or sanded prior to painting. Previously painted surfaces shall receive at least two coats of interior latex or oil base paint. New plaster or drywall shall receive a first coat of interior primer and at least two additional coats of paint. Paint for kitchens, bathrooms and utility rooms shall be semi -gloss enamel. Surfaces shall be painted with a roller and/or brush except that certain types of texture finish ceilings cannot be satisfactorily painted with roller or brush. These surfaces only may be spray painted. WOOD WINDOWS AND DOORS: All door edges shall be eased. If new wood is open grain type, fill or seal surface to prevent grain rising. Apply one coat of suitable oil base primer to all new and bare wood surfaces. Then apply at least two coats of interior semi -gloss enamel (oil base or latex) to all surfaces. Edges - top sides and bottom shall be painted the same as the door faces. Color shall match adjacent wall surfaces. Painting shall be done with brush only. For natural finish, all door edges shall be eased. Apply one coat of penetrating sealer to all trimmed door edges. All interior doors, if not pre -finished, shall receive at least two coats of spar varnish or polyurethane varnish. Edges - top, bottom and sides shall be finished the same as door faces. Vamish shall be applied with brush only. WOOD TRIM, MILLWORK, PANELING, CABINET WORK AND SHELVING: It is not intended that cabinet work and other wood surfaces scheduled for refinishing or painting be completely shipped down to bare wood. Rather, it is intended that scratches and other surface blemishes be treated so as to make them unnoticeable. Gloss shall be removed from all enamel surfaces to be painted. Stain or prime and finish as necessary. If interior of cabinets are to be refinished, it will be scheduled separately. For painting, sandpaper new millwork prior to application of primer. Reset loose nails. All nail holes shall be filled and sanded prior to painting. If new wood is open grain type, fill or seal surfaces to prevent grain rising. Apply one coat of a suitable primer to all new and bare wood surfaces. Then apply at least two coats of interior semi -gloss enamel (oll base) to all surfaces. Color shall match adjacent wall surfaces, unless scheduled otherwise. Painting shall be with brush only. For natural finish, sandpaper new millwork prior to application of finish. All wood to be refinished shall be first prepared as necessary to receive new finishes. Loose nails shall be reset and all holes shall be filled with linseed oil putty. If new wood is open grain type, surfaces shall be filled or sealed to prevent grain rising. New or bare wood shall be stained to match existing as closely as possible. All natural finish wood shall receive at least two coats of varnish, shellac, lacquer or polyurethane coating as appropriate to its intended use. Application shall be with brush only. LEAD BASED PAINT ABATEMENT If a painting instruction is noted in the Invitation to Bid as a 'Lead based abatement project "the following procedures must be followed. EXTERIOR: All loose, blistered, scaling, and alligator paint coatings shall be removed by hand scraping with appropriate containment based on the EPA Lead Renovation, Repair and Painting Attachment No. 2 Program effective April 22, 2010. Machine sanding and the use of propane torches are not allowed. All paint film that has been removed from the house must be captured on drop doths, removed from the premises, and disposed of in accordance with local and state regulations. INTERIOR: interior lead based paint can be abated either by removal and repainting or by covering with fiberglass cloth, sheetrock, or non -strippable wallpaper. In areas of paint removal, disposal shall be the same as exterior described above. NOTICE: Contractors participating in the NCRRP are ultimately responsible for full compliance with Federal, State and Local regulations regarding lead based paint abatement, disposal and worker protection. Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual SAN DIEGO HABITAT FOR HUMANITY FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM MANUAL City of National City Housing and Grants 1243 National City Blvd. National City, CA 91910 (619) 336-4391 (619) 336-4286 Fax EFFECTIVE: October 17, 2012 (Subject to change) EQUAL HOUSING OPPORTUNITY Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual TABLE OF CONTENTS Effective October 17, 2012 PURPOSE OF THE PROGRAM MANUAL GENERAL DEFINITIONS SECTION I -BORROWER ELIGIBILITY REQUIRMENTS A. ELIGIBLE BORROWER B. INCOME CRITERIA C. HOUSEHOLD ELIGIBILITY REQUIREMENTS D. ELIGIBLE PROPERTIES E. MAXIMUM PURCHASE PRICE F. LOAN PROCEDURES AND TERMS APPENDIX A- INCOME APPENDIX B- SHARED EQUITY EXAMPLE APPENDIX C- HOME REGULATORY AGREEMENT APPENDIX D- DEED OF TRUST APPENDIX E- PROMISSORY NOTE 2 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual PURPOSE OF THE PROGRAM MANUAL The purpose of this Program Manual Is to describe the program and delineate the role of the City, San Diego Habitat for Humanity Community Housing Corporation ("SD-HFH"), the applicant/borrower and the lenders. This document contains a description of the City of National City First -Time Homebuyer Program requirements. Loan documents are attached in the Appendix. GENERAL DEFINITIONS AFFIDAVIT: A deposition Fled in connection with the program made under oath and subject to penalties of perjury. APPLICANT: Any person who applies for City loan assistance. ASSETS: Cash or a non -cash item that can be converted to cash. Assets exclude necessary personal property. CITY: The City of National City. COMMITMENT: A document, which is originated and issued by the SD-HFH, based on review and approval of the application package and lender's certification that the requirements necessary for issuance of a City loan have been met. San Diego Habitat for Humanity Community Housing Corporation, Inc. ("SD-HFH"): City selected HOME CHDO subrecipient that will process, underwrite, close, and package, and service the loan. ELIGIBLE BORROWER: Any person meeting the criteria as set forth in this manual. ELIGIBLE DWELLING: Real property located within the City of National City. This may include a residential unit to be built, a new unit, or an existing. The unit must be designed as a residence for one household and must meet property standards and criteria as set forth in this manual. EQUITY: The dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts; 1) principal on the First Note and Deed of Trust; 2) principal on the Second Note and Deed of Trust to the City of National City; 3) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; 4) current year taxes, including all real estate taxes calculated to the date of sale; 5) borrower's down payment not including the loan from the City to Borrower; 6) costs of any capital Improvements to the Property, provided such Improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. EQUITY SHARE: The equity share starts at 50%/50% between the Borrower and the City. The amount of the Borrower's share in the Equity of the Property shall increase by five percent (5%) per year, measured on the anniversary date of the Deed of Trust. Correspondingly, the City's share in the equity of the Property shall decrease by five percent (5%) per year. In the event that no Equity exists at the time of transfer or sale, the City loan (HOME funds) will still be due and payable. In the event that a negative Equity situation exists, and the full amount of the City loan is not available to be recaptured, the amount of the loan required to be repaid to 3 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual the City will be set forth In the HOME agreement between the Borrower and the City. A Shared Equity example is attached as Appendix B. EXISTING HOME (RESALE HOME): A dwelling unit that has been previously occupied. HOME FUNDS/HOME INVESTMENT: Funds received pursuant to the HOME Investment Partnership program under the Department of Housing and Urban Development (HUD), codified at 42.U.S.C. Section 12701, et seq., 24 CFR Part 92, to provide funds for affordable housing HOMEOWNER INVESTMENT: Homeowner's down payment and any capital improvement investment made by the owner since purchase INCOME: The gross amount of all taxable income for all mortgagors and adult household members that is anticipated to be received during the coming twelve (12) months. All income derived from any source, including income from wages (gross pay,) overtime, pensions, veteran's compensation, bonuses, public assistance, alimony, net rental income, dividends and interest, etc. must be included. Non-taxable income must be listed, but bracketed, in order to exclude this income from the annual family income calculation; verification of non-taxable status may be required. ISSUER: The City of National City. LENDER: A financial institution, whether broker, retail, or wholesale, licensed to provide mortgage loans in the State of California. The Institution must meet all the requirements established by the City in order to participate as a lender in the City program LOAN: An extension of credit provided to an Eligible Borrower to finance the purchase of an Eligible Dwelling LOW-INCOME: A household with income at or below 80% of the Area Median Income as established by the U.S. Department of Housing and Urban Development. Every 12-18 months, the U.S. Department of Housing and Urban Development updates these figures NEW HOME: A dwelling unit that is proposed to be constructed, is currently under construction, or exists but has not been previously occupied. NET PROCEEDS: Sales price minus loan repayment and closing costs. OWNERSHIP: Any of the following interests in residential property: fee simple Interest; joint tenancy; tenancy In common; interest of a tenant -shareholder in a cooperative; life estate; interest held In trust for the Applicant that would constitute a present ownership interest if held by the Applicant. PRINCIPAL RESIDENCE: Residence must be occupied as the primary home of the buyer and be defined as one of the following types of residences: 1) single-family house; 2) condominium unit; 3) town home unit PROHIBITED MORTGAGE: Subordinate mortgages and any liens superior to the City First - Time Homebuyer loan, other than the new first Trust Deed. PROPERTY VALUE: Value of the eligible property as determined by a certified appraisal 4 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual PURCHASE PRICE: Cost of acquiring the residence, excluding usual and reasonable settlement or finance costs, and the value of services performed by mortgagor In completing the acquisition, RELATED PERSON: Any party(ies) who may have a beneficial interest in the sale or financing of the subject property, other than a qualified lender SINGLE-FAMILY RESIDENCE: Housing unit intended and used for occupancy by one household 5 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual BORROWER ELIGIBILITY REQUIREMENTS Both federal and state law sets borrower eligibility requirements. Income guidelines are modified based on federal directives every twelve to eighteen months. The City will notify the Lenders when those changes take place, including the effective date of each change. A. ELIGIBLE BORROWERS 1. Qualified applicants must be first-time homebuyers. The Applicant may not have held an ownership interest in his/her Principal Residence within the past thee years. This timeframe includes those 36 months before the date the mortgage is executed. In the case of a married couple, both parties must meet this requirement. The buyer, spouse and any other parties who will be listed on title must meet this requirement. The Lender must verify this through his/her examination of the Applicant's federal tax returns for the preceding three years. The Applicant(s) cannot have claimed a deduction for mortgage Interest or taxes on real property claimed as a Principal Residence. 2. To demonstrate compliance with this requirement, Applicants must complete and sign the First-time Homebuyer Application and Affidavit and provide copies of their last three (3) years signed federal tax returns (or acceptable alternative exhibits). a) The Applicant(s) can provide the signed 1040A 1040EZ or 1040 federal income tax forms for the preceding years, including all schedules. These forms shall be submitted to the Lender and forwarded to the City with the completed loan application. The tax returns must be signed and dated in blue ink by the Applicants. b) If the Applicant(s) has/have filed the short form, 1040A or 1040EZ for the last three (3) years, completes and signs the required affidavits, but is unable to produce copies of the signed returns, the City will accept a completed copy of IRS Letter Form 1722 In Ileu of actual returns. The Applicant may request this letter, free of charge, from the local IRS Office. The Letter 1722 must include the signature of a representative of the IRS. Letter Form 1722 should Include the following information: i. Name and social security number Ii. Type of return flied 111. Marital status iv. Tax shown on return v. Adjusted gross income vi. Taxable income vii. Self-employment tax vill. Number of exemptions c) In the event the Applicant(s) was not obligated to file federal income tax returns for any of the preceding three (3) years, it will be necessary for the Lender to obtain a completed and signed Income Tax Affidavit from the Applicant, which Is required in place of the above. This document Is to be forwarded to the City with the application package. d) If either copies of the required tax returns or the 1722 Form cannot be obtained, the Lender may be able to help the Applicant establish first-time homebuyer status with copies of utility bills and a signed and notarized statement from the Applicants landlords for the previous three years. e) When the Commitment is issued during the period between January 1 and February 15 and the Applicant has not yet filed his/her/their Federal Income Tax Return for the preceding year, the City may rely on an affidavit. The affidavit must affirm that the Applicant is not entitled to claim deductions for taxes or interest on a principal residence for the preceding year. After February 15, a tax return will be required. 3. Upon close of escrow, the buyer must occupy the home as their Principal Residence. 6 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual 4. Applicant(s) need not be a U.S. citizen. Legal resident aliens are eligible to apply but must show proof of status. 5. City of National City employees are eligible to participate. B. INCOME CRITERIA 1. Income must be at or below 80% of the currently published San Diego County median Income, adjusted for household size. Income limits have been established by the U.S. Department of Housing and Urban Development and are adjusted annually. In accordance with this requirement, applicants may not obtain 'stated income" loans. The true income must be a qualifying factor In loan approval. Household Size Annual Income 1 person $ 45,000 2 people $ 51,400 3 people $ 57,850 4 people $ 64,250 5 people $ 69,400 6 people $ 74,550 7 people $ 79,700 8 people $ 84,850 Effective December 2011 2. Gross income is calculated by taking the Applicant's anticipated adjusted gross monthly income, at the time of application, and multiplying it by twelve. Adjusted gross income includes the gross amount of all taxable Income, before payroll deductions of: wages, salaries, commissions, fees, tips and bonuses, alimony, public assistance, etc. The adjusted gross income also includes the income earned on assets, such as dividends earned on stock and interest earned on savings and checking. The adjusted gross income qualification is pursuant to the 24 CFR 92.203(b)(3) for reporting under the IRS Form 1040 series for individual federal annual income tax purposes. Gross income includes the combined taxable adjusted gross income of all mortgagors and all other adult members of the household. a. Self -Employed or Seasonal Employees: The formula that the Lender uses to determine the anticipated gross monthly income of self-employed and/or seasonal workers Is acceptable provided that all Income as described in this manual is included in the calculation. b. Co-Borrower/Co-Mortgagor: If a co -borrower or co -mortgagor will be on both the title and the deed of trust, his/her income must be Included in determining eligibility for the program. The IRS regulation states income to be taken into account in determining gross income is income of the mortgagor(s) and any other person who is expected to both live in the residence being financed and to be secondarily liable on the mortgage." c. Spouses: Married couples are treated as co -applicants, whether: 1) they are separated; 2) either spouse is applying for the loan; or 3) either spouse plans to be named on title. d. Computing Income I. Program Computation vs. Mortgage Underwriter's Computation: The City loan figure represents ANTICIPATED Income, while the Lender's figure represents Income AVERAGED over the last few years and the City program requires that every source of taxable and non-taxable Income be listed on the Income Computation Worksheet, however, non-taxable Income should be bracketed and not added into the maximum annual family Income calculation. 7 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual ii. Income Parameters: See Appendix A of this manual for examples of sources of income, which must be considered in computing buyer Income. Military Pay: See Appendix A of this manual for Military Pay explanations. iv. Self -Employed: Year-to-date profit and loss statement and three prior year's tax returns are required. v. Other Income: Sources of Income other than wages must be documented by third party verifications. In cases where the third party falls to respond, acceptable alternative sources of documentation can be determined on a case -by -case basis and should follow standard FNMA income verification guidelines. vi. Documentation: In cases where the Applicant is employed, acceptable sources of documentation used to verify income include a recent pay stub with year-to-date earnings and an employer Verification of Earnings statement (VOE). If the application is taking place during the first four months of the year, a year-to-date total may be insufficient. The Lender must supplement the pay stub Information with the prior year W-2 statement and/or tax returns. On some pay stubs, the year-to-date earnings include pay from the last part of the prior year. If this Is determined to be the case, request that the employer submit a signed statement of verification of exact year-to-date income. Miscalculation can result In the determination of excess Income and disqualification of the buyer. vll. Income Verification: The Lender bears the burden of proving that the Buyer's Income is within the program guidelines. The computation should be clear, complete, and documented by third party verifications, to the greatest extent possible. viii. No Income: Adult members, 18 years and older, of the household who have no Income must complete and sign the Declaration of No Income form. C. HOUSEHOLD ELIGIBILITY REQUIREMENTS 1. Households shall have sufficient income and credit -worthiness to qualify for primary financing from a participating lender. 2. Maximum liquid assets after down payment and closing cost contribution may not exceed $25,000. D. ELIGIBLE PROPERTIES Properties acquired and rehabilitated by SD-HFH that have met local code inspection standards and complied with lead -based paint regulations as prescribed by the City. The program may also be used on new construction projects SD-HFH. E. MAXIMUM PURCHASE PRICE The maximum purchase price cannot exceed 95 percent (95%) of the median purchase price for the area, as determined by the U.S. Department of Housing and Urban Development (1 unit-$394,250, effective 12/2011). F. LOAN PROCEDURES AND TERMS 1. The loan amount shall be the difference between the sales price, less any down payment, and the amount of the first mortgage for which the Eligible Household has been provided a bona fide lender approval. 2. The maximum CLTV (combined loan to value) of the City and the new 1st Trust Deed loans shall not exceed the maximum approved CLTV required by the 1st mortgage lender. 3. Non -occupant co -borrowers shall not be allowed. 8 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual 4. Total housing ratio (PIT!) cannot exceed 36% of Applicant(s) gross monthly Income. The City may make exceptions if Tess than twenty percent payment shock is involved. 5. Total debt -to -income ratio may not exceed 45% or 41% if obtaining an FHA loan. 6. No prepayment penalty allowed. 7. Maximum fees to the Applicant of 1.25% origination, discount points for below par pricing only, and $350 processing are acceptable for the purchase transaction. No other Broker or Admin type fees allowed. Other third party fees that are reasonable and customary are allowable. 8. The terms of the City's second trust deed are designed to encourage long-term residency in the program -assisted home. No Interest is charged on the loan (except in the case of default). Instead, the program is based on an equity share. The amount of equity due to the City is based upon the number of years after the date of execution of the City's loan. It begins at 50% of the equity and decreases by 5% each year. After 10 full years of owner occupancy, there is no equity share. Only the principal remains due and payable. See shared equity example In Appendix 8. 9. The loan shall become due and payable at the time of the property's transfer of title, refinance (except as earlier defined), rental or sale. 10.The loan shall also become due and payable when the acceleration clause is triggered. The acceleration clause will be in effect when the property is no longer the principal place of residency of the eligible homebuyer, or upon discovery of willful misrepresentation or fraud in connection with the program. Rental of the property is prohibited and will cause the loan to be accelerated. 11. Second and subsequent mortgages to the new First Trust Deed, except for this City Loan, are not permitted. 12. The loan is not assumable. 13.A Promissory Note and Deed of Trust will secure the loan. 14.The City Loan can be used with conventional, FHA, VA, and other loans issued be a qualified lender, except adjustable rate mortgages with less than five years fixed, negative amortization and stated Income mortgages. 15. Lenders will process the underlying mortgages (first loan) using standard procedures, with adjustments to those procedures to conform to the City loan guidelines. 9 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual APPENDIX A INCOME GROSS ANNUAL INCOME Gross annual Income is defined as the anticipated annualized gross taxable income of a mortgagor (or mortgagors) and adult members of the household. Annualized income is the sum of monthly gross taxable income multiplied by twelve (12). Gross monthly Income Includes all taxable sources of income derived from: gross pay, overtime compensation, part- time employment earning, bonuses, dividends, interest, royalties, pensions, Veterans Administration (VA) compensation, net rental income, alimony, public assistance payments, sick pay, social security benefits, unemployment compensation, Income received from trusts, income received from business activities or investments, and any other source of taxable income not listed above. Information regarding income must be current within the most recent 30-day period preceding loan closing. Income not included by the Lender, but listed above, must be added to the Lender's income total on the "Income Computation Worksheet" Income eligibility calculation for the City loan program. Income of the mortgagor (or mortgagors) and any other adult who Is expected to live In the residence being financed must also be included in the household income calculation. All non-taxable income must be listed and bracketed on the "Income Computation Worksheet", but not counted when calculating the annual gross family income. In summary, income of all mortgagors (on both title and deed of trust) shall be Included in the gross income calculation for the program. Additionally, the income of any adult who will live in the residence should be included. For married couples, income includes the income of both spouses, whether or not on title. MILITARY PAY For purposes of computing the buyer's gross monthly income, the monthly income is the "total entitlement" shown on the applicant's most recent monthly Leave and Earnings Statement and includes all regular pay, special pay and allowances. Non -taxed income, such as a housing allowance is not counted as income, but must be listed and bracketed. Certain categories of pay, which may be received only sporadically, may need to be considered on a case -by -case basis. 10 Attachment No. 2 Exhibit 1: First -Time Homebuyer Assistance Program Manual APPENDIX B SHARED EQUITY EXAMPLE NOTE: The following example assumes an Initial (a) Gross Sales Price of $150,000 (b), Net Sales Price of $135,000 ($150,000 minus 10% seller fees), (c) 1s` mortgage balance of $100,000 and City 2nd of $25,000 (d), Total Equity of $10,000 (b-c), and a City loan of $25,000.00 at a 0% interest rate, with an APR of 0%. The table is for the purpose of Illustration only. Actual sales price and net sales price will vary. The principal amount of the loan remains due. # Months After Date Of Agreement Gross Sales Price (a) Net Sales Price (b) (a-10% fee) Mortgage Balances (c) (1st $100k & 2nd $25K) Total Equity (d) (b-c) Buyer's Equity Share Increases 5% Per year City of Chula Vista's Equity Decreases 5% per year 0-12 $150,000 $135,000 $125,000 $10,000 $5,000 (50%) $5,000 (50%) 13-24 $155,000 $139,500 $125,000 $14,500 $7,975 (55%) $6,525 (45%) 25-36 $155,000 $139,500 $125,000 $14,500 $8,700 (60%) $5,800 (40%) 37-48 $160,000 $140,000 $125,000 $15,000 $9,750 (65%) $5,250 (35%) 49-60 $160,000 $140,000 $125,000 $15,000 $10,500 (70%) $4,500 (30%) 61-72 $165,000 $148,500 $125,000 $23,500 $17,625 (75%) $5,875 (25%) 73-84 $165,000 $148,500 $125,000 $23,500 $18,800 (80%) $4,700 (20%) 85-96 $170,000 $153,000 $125,000 $28,000 $23,800 (85%) $4,200 (25%) 97-108 $170,000 $153,000 $125,000 $28,000 $25,200 (90%) $2,800 (10%) 109-120 $175,000 $157,500 $125,000 $32,500 $30,875 (95%) $1,625 (5%) Thereafter $175,000 $157,500 $125,000 $32,500 $32,500 (100%) $0 (0%) In this examp e, the finance charge could vary between $1,625 and $6,525. Your amount will differ, depend ng upon gross sales price, net sales price, the amount of equity, and the number of months after the date of agreement that the sales occurs. If the Property Is sold In the first year of the term of the Note secured by this Deed of Trust, Borrower shall receive flfty percent (50%) of the Equity in the Property and the City shall receive fifty percent (50%) of the Equity. "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: 1. Principal on the First Note and the Deed Trust; and 2. Principal on this Second Note and Deed of Trust to the City of National City; and 3. All costs of sales, including cost of brokers' commissions, escrow fees, title costs and fees, recording cost, etc.; and 4. Current year taxes, including all real estate taxes calculated to the date of sale; and 5. Borrower's down payment not Including the loan from the City to Borrower; and 6. All principal paid down on the First Note and Deed of Trust; and 7. Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. 11 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual The amount of the Borrower's share in the equity of the Property shall increase by five percent (5%) per year, measured on the anniversary date of this Deed of Trust. Correspondingly, the City's share in the equity of the Property shall decrease by five percent (5%) per annum. For the sake of example, if the Property is sold more than (5) but less than six (6) years after the date of this Deed of Trust, the City would have a twenty-five percent (25%) share in the Equity and the Borrower would have a seventy five percent (75%) share In the Equity of the Property. In the event that no Equity exists at the time of transfer or sale, the balance of the Note will be due and payable. In the event that a negative Equity situation exists, i.e., the proceeds from the sale of the Property are less than the balance of the Note, all net proceeds from the transfer or sale shall be paid to the City, as beneficiary in full satisfaction of the Note. When the HOME recapture requirement Is triggered by a sale (voluntary or involuntary) of the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the home investment due, the participating jurisdiction can only recapture the net proceeds, if any. The net proceeds are the sales price minus superior Loan repayment (other than HOME funds) and any closing costs. 12 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual APPENDIX C HOME REGULATORY AGREEMENT FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 WHEN RECORDED PLEASE MAIL TO: Office of the City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4397 (SPA ABOVE FOR RECORDERS USE ONLY) APN: XXX-XXX-XX FTHB #XXXX HOMEOWNER'S REGULATORY AGREEMENT FOR HOME PROGRAM PARTICIPATION THIS REGULATORY AGREEMENT ("Regulatory Agreement' or °Agreement') is entered into as of this 18th day of January, 2011 between the City of National City ("City"), and a Qualifying Household, on behalf of itself and Borrower's Name ("Owner"). PREFACE WHEREAS, the City of National City receives a formula HOME Investment Partnerships (`HOME") Program allocation from the Federal Department of Housing and Urban Development to carry out eligible activities in accordance with program requirements; and WHEREAS, the Owner is interested In participating in City 's HOME -funded First -Time Homebuyer Program, and will comply with all program regulations and requirements; and WHEREAS, concurrently with the recordation of this Regulatory Agreement the City Is funding a loan ("Loan') secured by a deed of trust ("Deed of Trust') to aid Owner, who is a first-time homebuyer, in acquiring the Property described below. The Trust Deed and Loan by the City was conditioned in part upon the recordation of a document setting forth certain restrictions upon the use and sale of the Property and WHEREAS, Owner will use the proceeds of such Loan for the acquisition of the real property with the street address of 1111 A Avenue, National City, California, 91950 more particularly described in Exhibit A attached and incorporated by this reference ("Property"); and WHEREAS, as further consideration for the Loan and to further the interests of the City, the Owner has agreed to enter into and record this Agreement. The covenants in this Agreement are Intended to run with the land and be binding on the Owner for the full term of this Agreement. NOW. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS; 13 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual The Owner shall recelve HOME Investment Partnership funds for investment in real property owned by the Owner, as evidenced by legal title or a valid contract of sale. Acting In this capacity, the Owner will comply with all aspects of HOME regulations 24 CFR §92.504 including the following: A. DEFINITIONS The following terms have the meanings and content set forth in this Section A where used in this Agreement or attached exhibits. 1. "AREA MEDIAN INCOME" means the median income for the San Diego County Primary Metropolitan Statistical Area (PMSA), with adjustments for household size, as adjusted from time to time by the U.S. Dept. of Housing and Urban Development (HUD). 2. "CITY" is of the City of National City, California, a public body corporate and politic. 3. "DEED OF TRUST" means any deed of trust, assignment of rents, and security agreement placed on the Property or any part thereof as security for any Loan and other obligations with Owner as truster and City as beneficiary, as well as any amendments to, modification of, and restatements of said deed (s) of trust. 4. "EFFECTIVE PERIOD" means the period commencing on the date of this agreement and ending on the repayment of the Loan from the City, including the repayment of any required Equity as defined In Section E of the Agreement. 5. "EIGHTY PERCENT OF AREA MEDIAN INCOME" means annual Income, which does not exceed eighty percent (80%) of the Area Median Income. 6. "HUD" means the United States Department of Housing and Urban Development. 7. "HOME FUNDSIHOME INVESTMENT": funds received pursuant to the HOME Investment Partnership Program under the Department of Housing and Urban Development (HUD), codified at 42 U.S.C. Section 12701, et seq., 24 CFR Part 92, to provide funds for affordable housing. 8. "HOMEOWNER INVESTMENT": homeowner's down payment and any capital improvement investment made by the owner since purchase. 9. "HOUSE" means the residential dwelling unit that is located on the Property. 10. "LOAN" is any Loan of funds provided by the City to any Owner for the purchase of the Property. 11. "LOAN DOCUMENTS" are collectively the Deed of Trust, Note, Note Rider, this Regulatory Agreement and any loan agreement, deed of trust, or promissory note entered into between City and Owner with respect to any of the Property, as they may be amended, modified or restated from time to time, along with all exhibits and attachments to these documents. 12. "NOTE" means the promissory note and note rider executed by Owner In favor of City evidencing any part of a Loan, which is secured by a Deed of Trust, as well as any amendments to, modifications or, or restatements of said promissory note. The Note will be on file with the City. 13. "OWNER" or "OWNERS" is the Qualifying Household that is the purchaser of the Property 14. "PROPERTY" means the real property located at:1111 A Avenue, National City, California, 91950 and described in the attached Exhibit A, which is hereby incorporated into this Agreement by this reference, and any buildings or improvements now or hereafter situated on said real property. 15. "QUALIFYING HOUSEHOLD" means a household whose income is Eighty Percent of Area Median Income, as determined periodically by HUD, with adjustments in accordance with 24 CFR 92.252, and who is otherwise eligible to purchase the Property. 14 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual 16. "QUALIFYING SALES PRICE" means a sales price that does not exceed 95 percent (95%) of the median purchase price for the area, as determined by the U.S. Department of Housing and Urban Development. B. TERM OF AGREEMENT The term of this Agreement shall remain in full force and effect during the Effective Period regardless of any expiration of the term of any Loan, any payment or prepayment of any Loan, any assignment of a Note, any reconveyance of a Deed of Trust, or any sale, assignment, transfer, or conveyance of the Property, unless terminated earlier by the City in writing or extended by the mutual consent of the parties. However, failure to record this Agreement by the City shall not relieve Owner of any of the obligations specified herein. The covenants in this Agreement will run with the land for the benefit of the City and its heirs, assigns and successors and be binding on Owner and Owner's heirs, assigns and successors for the full term of this Agreement. C. USE OF FUNDS The Loan will be used to acquire the Properly by the Owner who is a member of a Qualifying Household. D. AFFORDABILITY 1. The House will qualify as affordable housing and will have: (a) an initial purchase price that Is a Qualifying Sales Price; and (b) an estimated appraised value at acquisition that does not exceed Qualifying Sales Price. 2. The House must be the principal residence of the Owner at all times during the Effective Period. 3. The deferred Loan for the HOME -assisted House is $ 40,000.00. E. RECAPTURE OF HOME FUNDS Pursuant to 24 CFR 92.254(a) (ii), the City requires that HOME funds be recaptured tf the housing does not continue to be the principal residence of the family. If there is a 'transfer,' the principal amount of the Note, together with a share of the Equity (if any), as hereafter defined, shall be immediately due and payable to the City. A "transfer' means (i) all or any part of the Property or any interest in the Property that is sold, conveyed or transferred; (ii) Owner is not a natural person and a beneficial interest in Owner is sold, conveyed or transferred; (Ili) all or any part of the Property is refinanced, except as otherwise allowed by law; (iv) Owner does not occupy the Property as his, her, or their, primary residence; (v) the leasing of all or any part of the Property; (vi) any material breach of the Note, Deed of Trust or this Agreement; or (vii) the filing of bankruptcy by the Owner. The Equity in the Property shall be calculated and shared between the Owner and City on the following basis: # Months After Date of Agreement Buyer's Equity Share (Increases 5% per year) City Equity Share (Decreases 5% per year) 0-12 (50%) (50%) 13-24 (55%) 145%) 25-36 (60%) (40%) 37-48 (65%) (35%) 49-60 (70%) (30%) 61-72 (75%) (25%) 73-84 (80%) (20%) 85-96 (85%) (15%) 97-108 (90%) (10%) 109-120 (95%) (5%) Thereafter (100%) (0%) If, for examp e, the Property is sold, rented, refinanced, conveyed, or transferred in the first year of the term of the Note secured by this Deed of Trust, Owner shall receive fifty percent (50%) of the Equity in the 15 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual Property and the City shall receive fifty percent (50%) of the Equity. "Equity' is defined as the dollar amount that constitutes the difference between the sales price of the Property (or in the event of a sale of the Property for an amount other than its fair market value or where there is no price established for the Property (Le., rental or refinancing the Property, Borrower's failure to occupy the Property, material breach of the Note, Deed of Trust or this Agreement; or the filing of bankruptcy by the Borrower, the fair market value of the Property determined by an appraiser chosen by the Beneficiary in its sole discretion) and the sum of the following amounts: (a) principal on the First Note and the Deed of Trust, along with any interest and fees due thereon; and (b) principal on the Note and Deed of Trust, along with any interest and fees due thereon; and all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc,; and (d) current year taxes, including all pro-rata real estate taxes calculated to the date of sale; and (e) borrower's down payment not including the Loan from the City to the Owner; and (f) all principal paid down on the First Note and Deed of Trust; and (g) costs of any improvements to the Property, provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The amount of the Owner's share in the Equity of the Property shall increase by five percent (5%) per year, measured on the anniversary of the date of the Deed of Trust is recorded against the Property. Correspondingly, the City's share In the equity of the Property shall decrease by five percent (5%) per annum. For the sake of example, if the Property is sold more than five (5) but less than six (6) years after the date of the Deed of Trust is recorded against the Property, the City would have a twenty five percent (25%) share in the Equity and the Owner would have a seventy five percent (75%) share in the Equity of the Property. In the event that no Equity exists at the time of transfer or sale, the balance of the Note (item E.1.b above) will be due and payable as provided herein. In the event that a negative Equity situation exists, i.e., the proceeds from the sale of the Property are less than the balance of the Note, all net proceeds from the transfer or sale shall be paid to the City, as beneficiary in full satisfaction of the Note. When the HOME recapture requirement is triggered by a sale (voluntary or involuntary) of the housing unit, and there are no net proceeds or the net proceeds are Insufficient to repay the home investment due, the participating jurisdiction can only recapture the net proceeds, if any. The net proceeds are the sales price minus superior Loan repayment (other than HOME funds) and any closing costs. F. PROPERTY MAINTENANCE AND SECURITY During the Effective Period, Owner shall at his or her own expense maintain the Property in good condition, in good repair, and in decent, sate, sanitary and habitable living conditions for the benefit of that Owner's household. Owner shall maintain the Property in conformance with all applicable state, federal and local laws, ordinances, codes and regulations. In the event that Owner fails to maintain the Property in accordance with these standards and after at least thirty (30) business days prior notice to Owner, the City or the City's contractor or agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in the City's discretion, and provide for payment thereof. Any amount advanced by the City to make such repairs, together with interest thereon from the date of such advance at the rate of seven percent (7%) per annum (unless payment of such an interest rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate then allowable by applicable law), shall become an additional obligation of the Owner to the City and shall be secured by any Deed of Trust, if not previously reconveyed. (c) 16 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual G. REPAYMENTS HOME Funds that are loaned to the Owner are to be remitted (principal and interest, as warranted) to the City to be retained and used as program income to originate additional Loans to First -Time Homebuyers. H. PROPERTY REQUIREMENTS Compliance with the following requirements is required as follows: 1. Maximum per -unit subsidy amount The amount of HOME funds that a participating jurisdiction may invest on a per -unit basis in affordable housing will not exceed the per -unit dollar limits established by HUD. 2. Property Standards. Housing that is assisted with HOME funds, at a minimum, must meet Section 8 Housing Quality Standards. 3. Property Cost Limits. The value of acquisition and development of the housing unit, located in the City of National City must not exceed 95 percent (95%) of the median price for the area, as determined by the U.S. Department of Housing and Urban Development. 4. Occupancy Requirements. The HOME Program requires that occupancy standards must be maintained for the Effective Period for each of the assisted Houses as follows: (a) The prospective purchaser must be low income; that is, the purchaser must have an amual (gross) income that does not exceed Eighty Percent (80%) of Area Median Income, which will be determined at either the time the household Initially occupies the property or at the time the HOME funds are invested; whichever is later. (b) Each Owner must occupy the property as a principal residence. Only Loan default and subsequent foreclosure negates the principal residence limitation. 5. Ownership Interest. The purchaser must have fee simple title upon sale of a HOME -assisted unit or cooperative ownership interest upon sale of a HOME -assisted unit. 6. Refinance. The City will subordinate to the following refinance situations only, subject to City approval and additional documentation is required: (a) FHA streamline refinance, with a reduction in total PITI and no cash out. (b) VA rate reduction refinance, with a reduction in total PITI and no cash out. (c) Conventional rate and term refinance, with a reduction in total PITI and no cash out. I. REVERSION OF ASSETS Owner must transfer to the City any HOME funds remaining in the Property after the time of expiration of the Effective Period when there is a change to title on the Property or any sale, rental, refinance, conveyance or transfer of Property. Any funds received as a result of this reversion of assets shall be used for additional HOME -eligible activities. J. DEFAULTS AND REMEDIES In the event of any breach or violation of any agreement or obligation under this Agreement, the City may proceed with any or all of the remedies as described in paragraph 18 of the Deed of Trust K. NON -LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS No officer, official, director, employee, agent or representative of the City shall be personally liable to Owner for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. L INDEMNITY 17 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual Notwithstanding the insurance coverage required herein, Owner shall indemnify and hold City and Its officers, officials, directors, employees, agents and authorized representatives (each, an indemnified Party,' and collectively, 'indemnified Parties'), free and harmless against any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including attomey's fees) which any Indemnified Party may incur as a direct or indirect consequence of (1) Owner's failure to perform any obligations as and when required by this Agreement (2) any failure of any of Owner's representations or warranties to be true and complete; or (3) any act or omission by Owner or any contractor, subcontractor, management agent, or supplier with respect the Property, except where such losses are caused by the sole negligence or willful misconduct of Indemnified Parties. Owner shall pay immediately upon the City's demand any amounts owing under this indemnity. The duty of the Owner to indemnify includes the duty to defend Indemnified Parties in any court action, administrative action, or other proceeding brought by any third party arising from the Property. Owner's duty to indemnify Indemnified Parties shall survive the term of this Agreement. M. SUBORDINATION This Agreement shall be subordinated in priority only to the liens and encumbrances anc es approved in writing by the City in its sole and absolute discretion. N. GENERAL PROVISIONS 1. Governing Law. This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. 2. This Agreement Controls. In the event that any provisions of this Agreement and any Loan Documents conflict, the terms of this Agreement shall control. 3. Time. Time is of the essence in this Agreement. 4. Consents and Approvals. For those provisions of this agreement which are expressly subject to consent or approval of the City, said consent or approval shall not be unreasonably withheld. Any approval must be in writing and executed by an authorized representative of the City. 5. Notices, Demands and Communications. Formal notices, demands and communications between Owner and the Clty shall be sufficiently given and shall not be deemed given unless dispatched by mailing tt first class mail or by certified mail, retum receipt requested, to the principal offices of Owner and City as follows: Housing and Grants City of National City 1243 National City Boulevard National City, CA 91950-4397 New Owner: Borrower Address: 1111 A Ave National Clty, CA 91950 Any such written communications by mail shall be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. 6. Severability. Every provision of this Agreement is intended to be severable. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 7. Attorney's Fees. In the event of any litigation over the performance of this Agreement, the prevailing party shall be entitled to attomey's fees and costs incurred during the course of litigation. 18 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual IN WITNESS HEREOF, the City and the Owner have executed this Agreement as of the date first hereinafter set forth. City of National City By: Owner. By. Leslie Deese, City Manager Buyer 19 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual "Exhibit A" Legal Description (must be attached prior to recordation) The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as follows: 20 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual APPENDIX D DEED OF TRUST FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 WHEN RECORDED PLEASE MAIL TO: Office of the City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4397 APN: XXX-XXX-XX (SPACE MOW ROE REOORDHi9 USE ONLY) FTHB #XXXX HOMEOWNER'S REGULATORY AGREEMENT FOR HOME PROGRAM PARTICIPATION THIS REGULATORY AGREEMENT ("Regulatory Agreement or °Agreement") is entered into as of this 18th day of January, 2011 between the City of National City ("City"), and a Qualifying Household, on behalf of itself and Borrower Name ("Owner"). PREFACE WHEREAS, the City of National City receives a formula HOME Investment Partnerships ("HOME") Program allocation from the Federal Deparirnent of Housing and Urban Development to cany out eligible activities in accordance with program requirements; and WHEREAS, the Owner is interested in participating in City 's HOME funded First -Time Homebuyer Program, and will comply with all program regulations and requirements; and WHEREAS, concurrently with the recordation of this Regulatory Agreement the City is funding a loan (°Loan") secured by a deed of trust (`Deed of Trust") to aid Owner, who is a first-time horirebuyer, in acquiring the Property described below. The Trust Deed and Loan by the City was conditioned in part upon the recordation of a document setting forth certain restrictions upon the use and sale of the Property; and WHEREAS, Owner will use the proceeds of such Loan for the acquisition of the real property with the street address of 1111 A Avenue, National City, California, 91950 more particularly described in Exhibit A attached and incorporated by this reference ("Property"); and WHEREAS, as further consideration for the Loan and to further the Interests of the City, the Owner has agreed to enter into and record this Agreement. The covenants in this Agreement are intended to run with the land and be binding on the Owner for the full term of this Agreement. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS; The Owner shall receive HOME Investment Partnership funds for investment in real property owned by the Owner, as evidenced by legal title or a valid contract of sale. Acting in this capacity, the Owner will comply with all aspects of HOME regulations 24 CFR §92.504 including the following: 21 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual D. DEFINITIONS The following terms have the meanings and content set forth in this Section A where used In this Agreement or attached exhibits. 17. "AREA MEDIAN INCOME" means the median income for the San Diego County Primary Metropolitan Statistical Area (PMSA), with adjustments for household size, as adjusted from time io time by the U.S. Dept. of Housing and Urban Development (HUD). 18. "CITY" is of the City of National City, California, a public body corporate and politic. 19. "DEED OF TRUST" means any deed of trust, assignment of rents, and security agreement placed on the Property or any part thereof as security for any Loan and other obligations with Owner as trustor and City as beneficiary, as well as any amendments to, modification of, and restatements of said deed (s) of trust. 20. "EFFECTIVE PERIOD" means the period commencing on the date of this agreement and ending on the repayment of the Loan from the City, including the repayment of any required Equity as defined in Section E of the Agreement. 21. "EIGHTY PERCENT OF AREA MEDIAN INCOME" means annual income, which does not exceed eighty percent (80%) of the Area Median Income. 22. "HUD" means the United States Department of Housing and Urban Development. 23. "HOME FUNDS/HOME INVESTMENT": funds received pursuant to the HOME Investment Partnership Program under the Department of Housing and Urban Development (HUD), codified at 42 U.S.C. Section 12701, et seq., 24 CFR Part 92, to provide funds for affordable housing. 24. "HOMEOWNER INVESTMENT": homeowner's down payment and any capital improvement Investment made by the owner since purchase. 25. "HOUSE" means the residential dwelling unit that is located on the Property. 26. "LOAN" is any Loan of funds provided by the City to any Owner for the purchase of the Property. 27. "LOAN DOCUMENTS" are collectively the Deed of Trust, Note, Note Rider, this Regulatory Agreement and any loan agreement, deed of trust, or promissory note entered into between City and Owner with respect to any of the Properly, as they may be amended, modified or restated from time to time, along with ali exhibits and attachments to these documents. 28. "NOTE" means the promissory note and note rider executed by Owner in favor of City evidencing any part of a Loan, which is secured by a Deed of Trust, as well as any amendments to, modifications or, or restatements of said promissory note. The Note will be on file with the City. 29. "OWNER" or "OWNERS" Is the Qualifying Household that is the purchaser of the Property. 30. "PROPERTY" means the real property located at: 2825 J Street, National City California, 91950 and described in the attached Exhibit A, which is hereby incorporated into this Agreement by this reference, and any buildings or improvements now or hereafter situated on said real property. 31. "QUALIFYING HOUSEHOLD" means a household whose income is Eighty Percent of Area Median Income, as determined periodically by HUD, with adjustments in axx ordance with 24 CFR 92.252, and who is otherwise eligible to purchase the Property. 32. "QUALIFYING SALES PRICE" means a sales price that does not exceed 95 percent (95%) of the median purchase price for the area, as determined by the U.S. Department of Housing and Urban Development. 22 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual E. TERM OF AGREEMENT The term of this Agreement shall remain in full force and effect during the Effective Period regardless of any expiration of the term of any Loan, any payment or prepayment of any Loan, any assignment of a Note, any reconveyance of a Deed of Trust, or any sale, assignment, transfer, or conveyance of the Property, unless terminated earlier by the City in witting or extended by the mutual consent of the parties. However, failure to record this Agreement by the City shall not relieve Owner of any of the obligations specified herein. The covenants in this Agreement will run with the land for the benefit of the City and its heirs, assigns and successors and be binding on Owner and Owner's heirs, assigns and successors for the full term of this Agreement. F. USE OF FUNDS The Loan will be used to acquire the Property by the Owner who is a member of a Qualifying Household. F. AFFORDABILITY 4. The House will qualify as affordable housing and will have: (a) an Initial purchase price that is a Qualifying Sales Price; and (b) an estimated appraised value at acquisition that does not exceed Qualifying Sales Price. 5. The House muss be the principal residence of the Owner at all times during the Effective Period. 6. The deferred Loan for the HOME -assisted House is $ 40,000.00. G. RECAPTURE OF HOME FUNDS Pursuant to 24 CFR 92.254(a) (ii), the City requires that HOME funds be recaptured if the housing does not continue to be the principal residence of the family. If there is a "transfer," the principal amount of the Note, together with a share of the "Equity" (if any), as hereafter defined, shall be immediately due and payable to the City. A "transfer° means (i) all or any part of the Property or any interest in the Property that is sold, conveyed or transferred; (ii) Owner is not a natural person and a beneficial interest in Owner is sold, conveyed or transferred; (fit) all or any part of the Properly is refinanced, except as otherwise allowed by law; (iv) Owner does not occupy the Property es his, her, or their, primary residence; (v) the leasing of all or any part of the Property; (vi) any material breach of the Note, Deed of Trust or this Agreement or (vii) the filing of bankruptcy by the Owner. The Equity in the Property shall be calculated and shared between the Owner and City on the following basis: # Months After Date 6f Agreement Buyer's Equity Share (increases 5% per year) City Equity Share (Decreases 5% per year) 0-12 (50%) (50%) 13-24 (55%) (45%) 25-36 (60%) (40%) 37-48 (65%) (35%) 49-60 (70%) (30%) 61-72 (75%) (25%) 73-84 (80%) (20%) 85-96 (85%) (15%) 97-108 (90%) (10%) 109-120 (95%) (5%) Thereafter (100%) (0%) If, for example, the Property is sold, rented, refinanced, conveyed, or transferred in the first year of the term of the Note secured by this Deed of Trust, Owner shall receive fifty percent (50%) of the Equity in the Property and the City shall receive fifty percent (50%) of the Equity. "Equity" is defined as the dollar. amount that constitutes the difference between the sales price of the Property (or in the event of a sale of the Property for an amount other than its fair market value or where there is no price established for the 23 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual Property (i.e., rental or refinancing the Property, Borrower's failure to occupy the Property, material breach of the Note, Deed of Trust or this Agreement; or the filing of bankruptcy by the Borrower, the fair market value of the Property determined by an appraiser chosen by the Beneficiary in its sole discretion) and the sum of the following amounts: (h) principal on the First Note and the Deed of Trust, along with any interest and fees due thereon; and {I) principal on the Note and Deed of Trust, along with any interest and fees due thereon; and (j) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (k) current year taxes, including alt pro-rata real estate taxes calculated to the date of sale; and (I) borrower's down payment not including the Loan from the City to the Owner; and (m) all principal paid down on the First Note and Deed of Trust; and (n) costs of any improvements to the Property, provided such Improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The amount of the Owner's share in the Equity of the Property shall increase by five percent (5%) per year, measured on the anniversary of the date of the Deed of Trust is recorded against the Property. Correspondingly, the City's share in the equity of the Property shall decrease by five percent (5%) per annum. For the sake of example, if the Property is sold more than five (5) but less than six (6) years after the date of the Deed of Trust is recorded against the Property, the City would have a twenty five percent (25%) share in the Equity and the Owner would have a seventy five percent (75%) share in the Equity of the Property. In the event that no Equity exists at the time of transfer or sale, the balance of the Note (Item E.1.b above) will be due and payable as provided herein. In the event that a negative Equity situation exists, i.e., the proceeds from the sale of the Property are less than the balance of the Note, all net proceeds from the transfer or sale shall be paid to the City, as beneficiary in full satisfaction of the Note. When the HOME recapture requirement is triggered by a sale (voluntary or involuntary) of the housing unit, and there are no net proceeds or the net proceeds are Insufficient to repay the home investment due, the participating jurisdiction can only recapture the net proceeds, if any. The net proceeds are the sales price minus superior Loan repayment (other than HOME funds) and any dosing costs. F. PROPERTY MAINTENANCE AND SECURrTY During the Effective Period, Owner shall at his or her own expense maintain the Property in good condition, in good repair, and in decent, safe, sanitary and habitable living conditions for the benefit of that Owner's household. Owner shall maintain the Property in conformance with all applicable state, federal and local laws, ordinances, codes and regulations. In the event that Owner fails to maintain the Property in accordance with these standards and after at least thirty (30) business days prior notice to Owner, the City or the City's contractor or agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in the City's discretion, and provide for payment thereof. Any amount advanced by the City to make such repairs, together with interest thereon from the date of such advance at the rate of seven percent (7%) per annum (unless payment of such an interest rate would be contrary to applicable law, in which event such sums shall bear Interest at the highest rate then allowable by applicable taw), shall become an additional obligation of the Owner to the City and shall be secured by any Deed of Trust, if not previously reconveyed. 24 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual G. REPAYMENTS HOME Funds that are loaned to the Owner are to be remitted (principal and interest, as warranted) to the City to be retained and used as program income to originate additional Loans to First -Time Homebuyers. H. PROPERTY REQUIREMENTS Compliance with the following requirements is required as follows: 1. Maximum per -unit subsidy amount. The amount of HOME funds that a participating jurisdiction may invest on a per -unit basis in affordable housing will not exceed the per -unit dollar limits established by HUD. 2. Property Standards. Housing that is assisted with HOME funds, at a minimum, must meet Section 8 Housing Quality Standards. 3. Property Cost Limits. The value of acquisition and development of the housing unit, located in the City of National City must not exceed 95 percent (95%) of the median price for the area, as determined by the U.S. Department of Housing and Urban Development. 4. Occupancy Requirements. The HOME Program requires that occupancy standards must be maintained for the Effective Period for each of the assisted Houses as follows: (c) The prospective purchaser must be low income; that is, the purchaser must have an annual (gross) Income that does not exceed Eighty Percent (80%) of Area Median Income, which will be determined at either the time the household initially occupies the property or at the time the HOME funds are invested; whichever is later. (d) Each Owner must occupy the property as a principal residence. Only Loan default and subsequent foreclosure negates the principal residence limitation. 5. Ownership Interest. The purchaser must have fee simple title upon sale of a HOME -assisted unit or cooperative ownership interest upon sale of a HOME -assisted unit. 6. Refinance. The City will subordinate to the following refinance situations only, subject to City approval and additional documentation is required: (d) FHA streamline refinance, with a reduction in total PITI and no cash out. (e) VA rate reduction refinance, with a reduction in total PITI and no cash out. (f)Conventional rate and term refinance, with a reduction In total PITI and no cash out. I. REVERSION OF ASSETS Owner must transfer to the City any HOME funds remaining in the Property after the time of expiration of the Effective Period when there is a change to title on the Property or any sale, rental, refinance, conveyance or transfer of Property. Any funds received as a result of this reversion of assets shall be used for additional HOME -eligible activities. J. DEFAULTS AND REMEDIES In the event of any breach or violation of any agreement or obligation under this Agreement, the City may proceed with any or all of the remedies as described in paragraph 18 of the Deed of Trust. K. NON -LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS No officer, official, director, employee, agent or representative of the City shalt be personally liable to Owner for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. L. INDEMNITY Notwithstanding the insurance coverage required herein, Owner shall indemnify and hold City and its officers, officials, directors, employees, agents and authorized representatives (each, an "Indemnified Party,' and collectively, "Indemnified Parties"), free and harmless against any losses, damages, liabilities, claims, 25 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual demands, judgments, actions, court costs, and legal or other expenses (including attorneys fees) which any Indemnified Party may incur as a direct or indirect consequence of (1) Owner's failure to perform any obligations as and when required by this Agreement; (2) any failure of any of Owner's representations or warranties to be true and complete; or (3) any act or omission by Owner or any contractor, subcontractor, management agent, or supplier with respect the Property, except where such losses are caused by the sole negligence or willful misconduct of Indemnified Parties. Owner shall pay immediately upon the Cityrs demand any amounts owing under this indemnity. The duty of the Owner to indemnify includes the duty to defend Indemmnffed Parties in any court action, administrative action, or other proceeding brought by any third party arising from the Property. Owner's duty to indemnify Indemnified Parties shall survive the term of this Agreement. M. SUBORDINATION This Agreement shall be subordinated in priority only to the liens and encumbrances approved in writing by the City in its sole and absolute discretion. N. GENERAL PROVISIONS 8. Governing Law. This Agreement shall be interpreted under and be governed by the taws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. 9. This Agreement Controls. In the event that any provisions of this Agreement and any Loan Documents conflict, the terms of this Agreement shall control. 10. Time. Time Is of the essence in this Agreement. 11. Consents and Approvals. For those provisions of this agreement which are expressly subject to consent or approval of the City, said consent or approval shall not be unreasonably withheld. Any approval must be in writing and executed by an authorized representative of the City. 12. Notices, Demands and Communications. Formal notices, demands and communications between Owner and the City shall be sufficiently given and shall not be deemed given unless dispatched by mailing it first lass mall or by certified mail, retum receipt requested, to the principal offices of Owner and City as follows: City of National City Housing and Grants 1243 National City Boulevard National City, CA 91950-4397 New Owner: Borrower Name Address: 1111 A Avenue National City, CA 91950 Any such written communications by mail shall be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. 13. Severability. Every provision of this Agreement is intended to be severable. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 14. Attomey's Fees. In the event of any litigation over the performance of this Agreement, the prevailing party shall be entitled to attorneys fees and costs incurred during the course of iittgation. IN WITNESS HEREOF, the City and the Owner have executed this Agreement as of the date first hereinafter set forth. City of National City 26 Attachment No. 2 Exhibit I: Fist -Time Homebuyer Assistance Program Manual By: Owner By. Leslie Deese, City Manager Borrower XXXXX 27 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual "Exhibit A" Legal Description (must be attached prior to recordation) The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as follows: 28 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual APPENDIX E PROMISSORY NOTE APN: XXX-XXX-XX-XX FTHB # XXXX-XXXX NOTICE THIS NOTE MAY REQUIRE PAYMENT OF PRINCIPAL AND INTEREST UPON THE SALE OR TRANSFER OF THE PROPERTY OR UPON A PREPAYMENT. FURTHER, THIS NOTE IS A SHARED APPRECIATION NOTE AS DEFINED IN SECTION 1917, ET SEQ. OF THE CALIFORNIA CIVIL CODE. $ 00,000.00 Amount PROMISSORY NOTE SECURED BY DEED OF TRUST , 2009 Date 000 XXXX, National City, California 91950 [Property Address] 1. Borrower's Promise to Pay. For value received, the undersigned, X7000f XXXXX ("Borrower'), promises to pay to the City of National City ("City"), or order, the sum of XXXXX Thousand Dollars and 00lCents (500,000.00) with interest accruing thereon as hereinafter provided, and payable as set forth below. It is understood that the City may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. No Interest. This Note will bear no interest unless the Borrower defaults under the terms of this Note, the Deed of Trust securing it and/or the Homeowner's Regulatory Agreement for Home Program Participation ("Home Agreement") affecting the Property. In the event of default, interest from the Date of this Note shall be calculated at the greater of the following amounts: a) The rate equal to the interest rate of the senior trust deed or, in the event of no senior trust deed; or b) ten percent (10%) per annum. 3. Payments and Term. The term of this Note extends until the earlier of default by Borrower under the terms of this Note, the Deed of Trust or the Home Agreement, or the day Borrower sells, rents, refinances, transfers or changes the title of the property ("Property') described in the Deed of Trust. Sale, rental, refinance, conveyance, transfer or change in title of the property prior to the tenth (10th) anniversary date of the Deed of Trust will trigger the shared equity in addition to the principal, as described in the accompanying Deed of Trust. A "transfer" means (i) all or any part of the Property or any interest in the Property is sold, conveyed or transferred; (ii) Borrower is not a natural person and a beneficial interest in Borrower is sold, conveyed or transferred; (Ili) all or any part of the Property is refinanced, except as otherwise allowed by law; (Iv) Borrower does not occupy the Property as his, her, or their, primary residence; (v) the leasing of all or any part of the Property; (vi) any material breach of this Note (including, without limitation, the Note Rider), the Home Agreement or the Deed of Trust; or (vll) the filing of bankruptcy by the Borrower. No delay or omission on the part of the City shall operate as a waiver of such right of repayment or of any other right under this Note. Upon a 29 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual Transfer, the principal amount of this Note, together with a share of the Equity (If any) as set forth in the Note Rider attached hereto, shall be immediately due and payable to the City. The City shall not exercise this right of acceleration if prohibited by federal law as of the date of the Deed of Trust or if the City has executed a separate written waiver of this option. The following shall not constitute a Transfer. (a) A transfer of the Property from a deceased Borrower to the surviving spouse of the Borrower tf the surviving spouse Is also named as a Borrower; (b) A transfer of the Property by a Borrower to his/her spouse pursuant to which the spouse becomes a co-owner of the Property; A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property; (d) A transfer of the Property to a Borrower to an inter-vivos trust in which the Borrower is the sole beneficiary; A transfer by means of encumbering the Property with a lien that is a junior lien to the lien securing the loan to Borrower evidenced by the Deed of Trust. All payrnents made under this Note shall be paid in lawful money of the United States to the City of National City at 1243 National City Boulevard, National City, CA 91950. 4. Preoavment. Borrower has the right to prepay the principal without incurring any penalty, apart from any interest that may be due under default provisions above. In the event that Borrower chooses to prepay the Note, Borrower must notify Note Holder In writing. Ail payrnents received on account of this Note shall be first applied to accrued interest, if any, and the remainder shall be applied to the reduction of principal. PAYMENT OF THE NOTE SHALL NOT AFFECT THE OBLIGATION TO SHARE EQUITY WITH THE City AS PROVIDED IN THE NOTE RIDER ATTACHED HERETO. 5. Relinoui$hment of Eaulty. Provided that Borrower is not in default under the terms of this Note, the Deed of Trust or the Home Agreement and Borrower has continually occupied the Property as Borrower's principal residence, the City's interest in the equity of the property shall be relinquished by City ten (10) years from the date of the execution of the Note. Nothing contained in this paragraph 5 shall be construed as a promise by City to forgive or relinquish the right to seek repayment of the principal of the Note. 6. Default Under Deed of Trust or Home Agreement. Notwithstanding any other provisions of the Note, If default occurs in any of the covenants or agreements contained in the Deed of Trust or the Home Agreement, the principal amount of this Note, together with a share of the Equity (if any) or default interest as set forth in Section 2, above (whichever is greater), shall be immediately become due and payable in full at the option of City. 7. Attorneys' Fees. Should suit be commenced to collect on this Note, or any portion thereof, such sum as the court may deem reasonable shall be added hereto as attomeys' fees. 8. Time. Time is of the essence herein. 9. Amendments. This Note may not be modified or amended except by an instrument in writing expressing such intention and signed by an authorized representative of City and Borrower. (c) (e) 30 Attachment No. 2 Exhibit I: First -Time Homebuyer Assistance Program Manual 10. Severability. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity and binding effect of the remainder of this Note upon the parties. 11. Borrower's Waivers. Borrower waives any rights to require City to perform certain acts. Those acts are: (a) To demand payment of amounts due (known as "presentment"). (b) To give notice that amounts due have not been paid (known as "notice of dishonor"). (c) To obtain an official certification of non-payment (known as "protest"). 12. Givino of Notices. Any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it first class mall or by certified mail, return receipt requested, addressed to Borrower at the address set forth above. A notice that must be given to City under this Note will be given by mailing it certified mail, return receipt request, to City at the address stated in Section 3 above. Any party may change its address by a notice given to the other party in the manner set forth in this Section. 13. Joint and Several Responsibility. tf more than one person executes this Note, each is fully and personally obligated to pay the full amount owed and to keep all promises in this Note. Date: NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. Ali spaces should be completed before you sign. Borrower XXXXX Borrower XXXXX 31 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE HOME CHDO FUNDING AGREEMENT DATED OCTOBER 30, 2012 BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC., FOR THE CONSTRUCTION AND/OR REHABILITATION OF SINGLE FAMILY RESIDENTIAL HOUSING IN THE CITY OF NATIONAL CITY EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2017 WHEREAS, the City and San Diego Habitat for Humanity Community Housing Corporation, Inc., ("SD-HFH") entered into the HOME CHDO Funding Agreement on October 30, 2012 (the "Agreement") for the construction and/or rehabilitation of single family residential housing in the City of National City; and WHEREAS, the Agreement expired on June 30, 2014; and WHEREAS, due to market conditions, SD-HFH has experienced some difficulty in acquiring the property needed for its performance under the Agreement, despite SD-HFH's best efforts to do so; and WHEREAS, due to SD-HFH's use of volunteer labor to construct and/or rehabilitate the houses, SD-HFH has not been able to complete the required construction and/or rehabilitation by June 30, 2014, despite SD-HFH's best efforts to do so; and WHEREAS, the parties desire to reinstate the Agreement and extend the term of the Agreement until June 30, 2017. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the HOME CHDO Funding Agreement extending the term of the Agreement to June 30, 2017. The Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of November, 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: November 18, 2014 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit —7th Annual Tree Lighting Ceremony hosted by the Community Services Department on December 11, 2014 from 5 p.m. to 8 p.m. at Morgan Square & Brick Row, between "A" Avenue and National City Boulevard. This is a City sponsored event under Policy No. 804. PREPARED BY: Nianey Rivera PHONE: 1(619) 336-4364 EXPLANATION: DEPARTMENT: Neig .orho•d Services Division APPROVED BY: This is a request from the Community Services Department to conduct the Tree Lighting event at Morgan Square & Brick Row on "A" Avenue between E. 9th Street and National City Boulevard on December 11, 2014. This event will include the tree lighting ceremony, musical performances, the Kimball Museum will be open and there will also be a Christmas Bazaar where food, drinks and various other items will be sold from booths. Street closures are required on "A" Avenue at E. 9th Street on Morgan Square and E. Plaza Blvd. FINANCIAL STATEMENT:. APPROVED: Finance ACCOUNT NO. I APPROVED: MIS The City has incurred $237.00.00 for processing the TUP through various City Departments, plus $671.55 for Public Works. Total fees are $908.55 pNVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: pprove the Application for a Temporary Use Permit subject to compliance with all conditions of approval. This is a City sponsored event under Policy No. 804. , BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: f Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _Fair Festival _.Parade Demonstration Circus _ Motion Pictu`re� _ Grand Opening _ Other 7- Event Title: 4' Onou, .\ L Ichtinc Event Location: csitCGC0 li A Q i ( ^, � Y2,�,v J 1 Event Date(s): From ill n f ty to 2.111 1 ly Actual Event Hours: ) amjto Ei am/ Total Anticipated Attendance: 2.00 ( Participants Spectators) Setup/assembly/construction Date: 17.1 N' iy Start time: 2 pm m Please describe the scope of your setup/assembly work (specific details): Se} rr7.i-irini"es , 5-knoci1iort on o\\ c(.+.moes, QA rx^ ci,rPcfrnon, Vood and voider bOO S Dismantle Date: 1Z1 It 1I-I Completion Time: 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. j °'A' Prke. e-n:l!✓' c-C� 1 ;, CtCiC A. ♦"'CV ice: 't..1� 21 Community. vent Block Party Sponsoring Organization: C S^n1_ j(11 t Se V \(YES ) l , m 0 Chief Officer of Organization (Name) Lee\ \e Applicant (Name): t lA)^2Y1 rna.Xt\eC1'l Address: 12 Lk?) tV c cro \ C1- '1 VCR Daytime Phone: WA) ,33(0- 442e9Evening Phone: (--� Fax: (—) E-Mail: \ (`(1 Y:A \ GM ( oc _Id cina l ci-tH C. . 9cv Contact Person "on site" day of the event: 1_0A .-en Cellular: Q o.\ Ce.\1 rj NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT ,3 ti l - LiC31. AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? )ES _ NO Are admission, entry, vendor or participant fees required? _ YES'. NO If YES, please explain the purpose and provide amount(s): $ /V/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. f Y�U<`�i Cfl c' OPOPCas anA ) Gf 12,n \ 0 3Vu -Z on �S • Yt-e '' Ocinv-S CY' so— • cr kS EXe. • C \k\a'ers c -k oseo , c-ace c.)60 '.f 1 air 5 a rC O �,ko k1 ‘' useorn i `XE0 -\ s NCfnC Lee. ` o C\C& C Cos'S • RCA- cc�\\erq J Chc t r aMce 1 to C ��';C�.1 V1Gt1 be o n S 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? _YES _ NO WiII items or services be sold at the event? If yes, please describe: TC 6 1 (/anti s 1 S r 3cx\ YES R 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. kYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X_ YES _ NO Does the event involve the use of tents or canopies? If YES: Number of fL l'ly')C� tent/canopies de) Sizes \0 %1f) NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the city or your stage or PA system? SPECIFY: C.fi'll PP1/4 a\S- i ij.,\ scir, mL\-\ o\. 'iyiv,wnortfz-s 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. x_ 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): T Ed� ef) YC;C c& ( . . IX IPortable and/or Permanent Toilet Facilities Number of portable toilets:. 1 _ (1 for every 250 people is required, unless the applicant can show that there are facilities i.. me immediate area available to the public during the event) (Tables # 16 and Chairs # 50 - 75 Fencing, barriers and/or barricades Generator locations and/or source of electricity ,en,. .ft.:h..z. t'ti hip tit . �sc. Canopies or tent locations (include tent/canopy dimensions) Q'^ �C `'"`�'` i t �R '`I Smarr' Booths, exhibits, displays or enclosures �'rl^`�''�c'�zn+ti�C. Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Co Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the a ent: \oC, ea --VC)cci3C1noOt eNcr\b� �Q . } \f \\)n\-C S } s•;ke. irCk \r, \ISA Ue:DrIc6 0,1C� 5�� Please describe your procedures for both Crowd Control and Internal Security: NIC9 O W.\\\ \ On i'> i qoc _ YES X. NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X. YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: TY-`i 'r1C� i55' 3D 11(,ji1z14'1(}, (AC-'CCf(x'r, . i\Cx✓11},i;(1, ir1 44-Ne v�trx' `)S ,`J VAQ. c\'.ttcnCl\ sp;t'1un1ir VCX FonmeeS Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. tSc0 \r)e. or) )le Please describe your Accessibility Plan for access at your event by individuals with disabilities: \\ ().. "C' s Qa e \\n12 Please provide a detailed description of your PARKING plan: 'fix t STlYX `5'L .pc \I V-11- i Please describe your plan for DISABLED PARKING: txiS-1- itedien_if'C'k cioctS Please dees�cribe your plans to notify all residents, businesses and churches impacted by the event: Y41; \ MC.;u1 c v c )c ( GC:ci io f k r7 tlCTi 11f . Ii` Cr) NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: N 1 A Number of Bands: ¶D Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: a pm Finish Time V a r/:f9 SYES NO Will sound checks be conducted prior to the event? If YES, please indicate; Start time: H am Finish Time am Please describe the sound equipment that will be used for your event: • \5=1(em �ct✓m C',; ,� r 610 Safi NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: cx� G-X\nS 31)6\ tC'2-5 c)6Sc\i . Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide aminimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization c(Tom\X1131J' Senn(c) Person in Charge of Activity L0.\,1 '(\ClG`XI,C/Y) Address \ 1kS •!vG (r rC\ C1 e)`VC\ Telephone 33(V 42 .)C1 Date(s) of Use 1-2-1 It \ �y 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 dpa,C10..Ak . OVA M},`` ck 23^0ev,6Agb} zN 1 iW For Office Use Only Certificate of Insurance Approved Date (0 NC CHAMBER Vi V2 V3 V4 V5 V6 V7 V8 Located to the left trash V1 V2 V3 V4 V5 V6 V7 V8 V9 V10 V11 F1 F2 F3 F4 To be placed in third parking space V9 V10 V11 F1 F2 F3 F4 of Aeidsm_ ae3 nisseia gTH STREET Kimball Museum CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "IEETING DATE: November 18, 2014 AGENDA ITEM NO. ).2 ITEM TITLE: I1Narrant Register #13 for the period of 9/17/14 through 9/23/14 in the amount of $552,816.81 (Finance) PREPARED BY: IK. ApalateguA DEPARTMENT: Finan PHONE: I619-336-4572I APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 9/17/14 through 9/23/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor CheckNVire Amount Explanation SDG&E 314295 80,013.00 Facilities Division Utilities Public Emp Ret System 9182014 323,231.31 Service Period 8/19/14-9/01/14 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $552,816.81 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $552,816.81 BOARD / COMMISSION RECOMMENDATION: IN/A] TTACHMENTS: /arrant Register #13 PAYEE ALDEMCO ALL FRESH PRODUCTS AUSTIN DOORS AYDELOTTE, D BOOT WORLD BPI PLUMBING CALIFORNIA ELECTRIC SUPPLY CAMEON, C CHULA VISTA BLUEPRINT CO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CV VENTURES LLC DISCOUNT SPECIALTY CHEMICALS DIVISION OF THE STATE DTSC ACCOUNTING UNIT EQUIFAX INFORMATION SVCS FEDEX ERGUSON ENTERPRISES INC ST AMERICAN TITLE COMPANY .<AINGER GW SCHOOL SUPPLY JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KONICA MINOLTA LASER SAVER INC LOPEZ, T MAINTEX INC MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS NATIONAL CITY CHAMBER NFPA FULFILLMENT CENTER O'REILLY AUTO PARTS PEACE OFFICERS RESEARCH PMW ASSOCIATES PORAC LEGAL DEFENSE FUND PRO BUILD PRUDENTIAL OVERALL SUPPLY RED WING SHOES STORE RODRIGUEZ, M ROMERO'S ROOFING SERVICE INC SAN DIEGO HOUSING FEDERATION SCANNING SERVICE CORPORATION SDG&E ,,TAPLES ADVANTAGE /ANK MOTION PICTURES INC oWEETWATER AUTHORITY TELLEZ, J U S BANK U S HEALTHWORKS UNION BANK OF CALIFORNIA WARRANT REGISTER #13 9/23/2014 DESCRIPTJON CONSUMABLES / NUTRITION FOOD / NUTRITION CENTER CITY-WIDE ROLL -UP DOORS, SERVICE SUBSISTENCE: MEDIA RELATIONS FOR LAW MOP# 64096 WEARING APPAREL CITY-WIDE PLUMBING SERVICES MOP# 45698 ELECTRICAL MATERIALS REIMB - NEW TIRE 597 BLACK & WHITE COPIES / BUILDING BASE FEE FOR NON -MEDICAL SHARE OF PC REVENUE - AUG 2014 COX INTERNET SERVICES FAIR SHARE 2ND QTR ANTI MICROBIAL SCRUBS STATE MANDATED FEE REIMBURSEMENT AMENDMENT 3 / GRANTS BACKGROUND/CREDIT CHECKS SERVICES PACKAGE DELIVERIES MOP#45723 SEWER PIPE AND MATERIALS 827-82725858 PROFESSIONAL SVCS MOP#65179 MATERIALS AND SUPPLIES TINY TOT SUPPLIES MOP#69277 HORTICULTURAL ITEMS RETIREES INS - COBRA JULY 2014 COPIER EQUIPMENT LEASE MOP 45725 TONER CARTRIDGE - FIRE TRANSLATION SVCS CITY-WIDE JANITORIAL SUPPLIES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MARKETING DISTRICT FEE - JULY 2014 NATIONAL FIRE CODES SUBSCRIPTION MOP#75877 AUTOMOTIVE PARTS PORAC (PEACE OFFICER RESEARCH) TUITION: MEDIA RELATIONS FOR LAW ENFORCE LEGAL DEFENSE FUND FOR RESERVE POLICE MOP#45707 BUILDING MATERIALS MOP#45742 LAUNDRY AND CLEANING SERVICES SAFETY BOOTS- R FERNANDEZ SUBSISTENCE: MEDIA RELATIONS FOR LAW CITY-WIDE ROOFING SERVICES MEMBERSHIP DUES FOR 2015 463 FILES INDEXED FOR QUESTYS FACILITIES DIVISION GAS & ELECTRIC MOP 45704 OFFICE SUPPLIES - CITY MGR MOVIE LICENSE ON 09/12/14 FACILITIES DIVISION WATER BILL FOR FY SUBSISTENCE: COMMAND COLLEGE SESSION 4 CREDIT CARD EXPENSES / FIRE MEDICAL SERVICES CNC 2012 GEN OBLIGATION REFUNDING BONDS 1/2 CHK NO DATE AMOUNT 314252 9/23/14 4,042.22 314253 9/23/14 1,203.29 314254 9/23/14 3,254.38 314255 9/23/14 384.00 314256 9/23/14 116.62 314257 9/23/14 962.40 314258 9/23/14 449.74 314259 9/23/14 125.55 314260 9/23/14 161.49 314261 9/23/14 418.00 314262 9/23/14 10,990.50 314263 9/23/14 29.10 314264 9/23/14 1,120.38 314265 9/23/14 313.06 314266 9/23/14 112.50 314267 9/23/14 26,910.00 314268 9/23/14 100.71 314269 9/23/14 40.40 314270 9/23/14 440.09 314271 9/23/14 1,500.00 314272 9/23/14 501.71 314273 9/23/14 242.96 314274 9/23/14 211.30 314275 9/23/14 936.52 314276 9/23/14 8,629.47 314277 9/23/14 408.48 314278 9/23/14 210.00 314279 9/23/14 728.56 314280 9/23/14 729.33 314281 9/23/14 61.25 314282 9/23/14 39,663.68 314283 9/23/14 1,295.00 314284 9/23/14 162.16 314285 9/23/14 80.00 314286 9/23/14 420.00 314287 9/23/14 108.00 314288 9/23/14 959.45 314289 9/23/14 1,004.82 314290 9/23/14 129.05 314291 9/23/14 384.00 314292 9/23/14 5.000.00 314293 9/23/14 550.00 314294 9/23/14 6,041.63 314295 9/23/14 80,013.00 314296 9/23/14 81.73 314297 9/23/14 374.00 314298 9/23/14 1,690.97 314299 9/23/14 780.00 314300 9/23/14 1,832.27 314301 9/23/14 175.00 314302 9/23/14 1,130.00 9 <Alm O/9 /1d 1420 PAYEE UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS URIBE, V ZEFERINO, L POWER PLUS STEWARTS TITLE OF CALIFORNIA SWEETWATER AUTHORITY WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYMENTS WARRANT REGISTER #13 9/23/2014 DESCft(PTION MOP#62683 AUTOMOTIVE PARTS MOP#46453 PLUMBING MATERIALS VERIZON WIRELESS / 7/22/14 - 8/21/14 REIMB - LICENSE SUBSISTENCE: ICI HOMICIDE EQUIPMENT RENTAL / S A TITLE REPORT - APN #557-430-37-00 WATER UTILITES / S A SERVICE PERIOD 08/19/14 - 09/01/14 Start Date End Date 9/17/2014 9/23/2014 GRAND TOTAL 2/2 9HK NO DATE AMOUNT 314304 9/23/14 1,321.84 314305 9/23/14 698.13 314306 9/23/14 6,401.77 314307 9/23/14 41.00 314308 9/23/14 1,536.00 314309 9/23/14 195.00 314310 9/23/14 750.00 314311 9/23/14 95.53 MP Total 218,282.24 9182014 9/18/14 323,231.31 11,303.26 552.8)6.81 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 ROBERI S, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 18th OF NOVEMBER, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT • MEETING DATE: November 18, 2014 ITEM TITLE: Warrant Register #14 for the period of 9/24/14 through 9/30/14 in the amount of $2,124,852.75 (Finance) AGENDA ITEM NO. i3 PREPARED BY: IK. Apalategui DEPARTMENT: Financ PHONE: 1619-336-45721 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 9/24/14 through 9/30/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Pal Gen Engineering Inc 314349 600,446.66 8th Street Smart Growth Project Ramona Paving 314353 205,651.55 8th St Safety Enhancement Pjct 'ublic Emp Ret System 9262014 315,652.68 Service Period 9/2/14 — 9/15/14 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,124,852.75 I APPROVED: /7 Finance APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,124,852.75 BOARD / COMMISSION RECOMMENDATION: IN/A1 ' TTACHMENTS: IONarrant Register #14 l PAYEE NATIONAL CITY CHAMBER ALCOA SIGNAGE ALEJANDRO, J ALERT -ALL CORPORATION ALL FRESH PRODUCTS AT&T MOBILITY AZTEC APPLIANCE B & H PI-1OTO & ELECTRONICS CORP BOUND TREE MEDICAL LLC BOYS & GIRLS CLUB CAMEON, C CPOA CV VENTURES LLC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DELTA DENTAL DELTA DENTAL INSURANCE CO 'RGOGENESIS LLC 1VCONNECTION INC ANGER GREEN MECHANICAL CONTRACTORS HARRIS & ASSOCIATES INC KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KNOX ATTORNEY SERVICE INC KNOX ATTORNEY SERVICE INC KREPPS, B LIFE -ASSIST, INC. MACHADO, R MASON'S SAW MCCUNE CHRYSLER JEEP NAPA AUTO PARTS NATIONAL CREDIT REPORTING OLIVER PACKAGING PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC PERRY FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY RAMONA PAVING RESTORATION MANAGEMENT CO RESTORATION MANAGEMENT CO ION BAKER CHEVROLET SS' BEE REMOVAL ..AN DIEGO GAS & ELECTRIC SMART SOURCE OF CALIFORNIA LLC SOUTH BAY MOTORSPORTS SPARKLETTS STACK TRAFFIC CONSULTING INC 1/2 WARRANT REGISTER #14 9/30/2014 DESCRIPTION CHK NO DATE AMOUNT 58TH ANNUAL SALUTE TO NAVY LUNCHEON 314312 9/28/14 50.00 REFUND OF INSPECTION FEES 314313 9/30/14 532.80 ONLINE PRE LICENSE COURSES 314314 9/30/14 350.00 CUSTOM JR FIREFIGHTER STICK ON BADGE 314315 9/30/14 763.00 FOOD & CONSUMABLES 314316 9/30/14 1,425.26 ATT/CINGULAR WIRELESS FY15 314317 9/30/14 1,200.20 CITY-WIDE APPLIANCE PURCHASES 314318 9/30/14 115.56 NIKON D-5300 18-55MM CAMERA / FIRE 314319 9/30/14 933.50 KING VISION VIDEO LARYNGOSCOPE BLADES 314320 9/30/14 1,659.24 CHANGING LIVES SIGNATURE EVENT 314321 9/30/14 275.00 REIMB - CA PEER SUPPORT ASSOCIATION 314322 9/30/14 58.08 TUITION: PUBLIC RECORDS ACT 314323 9/30/14 250.00 FAIR SHARE CONTR. 2ND QTR 314324 9/30/14 1,120.38 LIABILITY CLAIM COSTS 314325 9/30/14 12,603.45 LIABILITY CLAIM COSTS 314326 9/30/14 1,933.50 LIABILITY CLAIM COSTS 314327 9/30/14 1,597.00 DENTAL INS - AUGUST 2014 314328 9/30/14 219.81 DENTAL INS - AUGUST 2014 314329 9/30/14 33.00 ERGOGENESIS CHAIR !FINANCE 314330 9/30/14 1,011.02 SURFACE PRO 315 / POLICE 314331 9/30/14 6,910.96 MOP#65179 BUILDINGS AND STRUCTURES 314332 9/30/14 0.03 CITY-WIDE HVAC REPAIRS 314333 9/30/14 291.00 8TH ST CONSTRUCTION 314334 9/30/14 2,910.29 RETIREES INS - COBRA, AUG 2014 314335 9/30/14 936.52 EL TOYON PARK 314336 9/30/14 2,960.00 ATTORNEY SERVICES 314337 9/30/14 118.00 ATTORNEY SERVICES 314338 9/30/14 39.00 ED. REIMBURSEMENT 314339 9/30/14 250.00 BRAUN THERMOSCAN, ITEM #TH4000 314340 9/30/14 604.19 SUBSISTENCE: PUBLIC RECORDS ACT 314341 9/30/14 256.00 MOP#45729 MATERIALS AND SUPPLIES 314342 9/30/14 344.36 LIABILITY CLAIM COSTS 314343 9/30/14 1,271.02 MOP#45735 AUTOMOTIVE PARTS 314344 9/30/14 531.81 CREDIT REPORTING FOR S8 USE FY15 314345 9/30/14 110.70 PACKAGING FOR HOME DELIVERY MEALS 314346 9/30/14 1,608.00 SMOG CERTIFICATION & REPAIRS 314347 9/30/14 1,115.06 JANITORIAL SUPPLIES 314348 9/30/14 396.93 8TH ST SMART GROWTH 314349 9/30/14 600,446.66 R & M CITY VEHICLES 314350 9/30/14 2,647.76 MOP 45707. SUPPLIES FOR FIRE DEPT 314351 9/30/14 27.40 MOP#45742 LAUNDRY AND CLEANING SERVICES 314352 9/30/14 447.52 8TH STREET SAFETY ENHANCEMENT PROJECT 314353 9/30/14 205,651.55 LIABILITY CLAIM COST 314354 9/30/14 8,147.41 LIABILITY CLAIM COST 314355 9/30/14 2,710.32 MOP#45751 AUTOMOTIVE EQUIPMENT 314356 9/30/14 488.44 BEE REMOVAL FROM CITY PROPERTY 314357 9/30/14 375.00 GAS & ELECTRIC FOR NUTRITION CENTER 314358 9/30/14 3,449.83 MOP 63845 BUSINESS CARDS - FIRE 314359 9/30/14 391.32 R & M CITY VEHICLES AS NEEDED 314360 9/30/14 26.29 WATER FOR MAYOR/COUNCIL FY15 314361 9/30/14 44.77 DEPOSIT # 1724 BAYSHORE BIKEWAY 314362 9/30/14 62.50 e.no AC -Inn nvCIr CI IPPI IFC / FAIR 114161 9/30114 651.59 PAYEE STILES, J STILES, J SWEETWATER AUTHORITY SYSCO SAN DIEGO INC FLENOID, T THE LEW EDWARDS GROUP THE LIGHTHOUSE INC TODD PIPE & SUPPLY LLC U S HEALTHWORKS UNITED PARCEL SERVICE VERIZON WIRELESS VILLARIASA, S VISION SERVICE PLAN (CA) ANDERSON, W WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY YOUNG, G Z A P MANUFACTURING INC ZUMAR INDUSTRIES CHRISTENSEN & SPATH LLP KANE BALLMER & BERKMAN LAW OFFICES OF EDWARD Z KOTKIN MAZZARELLA LORENZANA LLP MEYERS NAVE NBS OPPER & VARCO LLP WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period 20 Start Date 9/16/2014 2/2 WARRANT REGISTER #14 9/30/2014 DESCRIPTION CHK NO DATE AMOUNT TRAVEL EXP - KRONOS 314364 9/30/14 216.70 REIMB - REGIONAL INSTRUCTOR ORIENTATION 314365 9/30/14 165.00 FACILITIES DIVISION WATER BILL FOR FY 314366 9/30/14 35,868.74 CONSUMABLES FOR NUTRITION CENTER 314367 9/30/14 4,533.22 TINY TOTS REGISTRATION REFUND 314368 9/30/14 60.00 STRATEGIC ANALYSIS 314369 9/30/14 1,862.88 MOP#45726 AUTOMOTIVE PARTS 314370 9/30/14 85.02 PLUMBING MATERIALS, PARTS, AND SUPPLIES 314371 9/30/14 1,958.24 MEDICAL SERVICES 314372 9/30/14 256.00 SHIPPING DOCUMENT 314373 9/30/14 24.82 VERIZON FOR S8 / 7/24/14. 8/23/14 314374 9/30/14 1,277.78 REFUND - VOLUNTARY LIFE INS. 314375 9/30/14 4,440.00 VISION SVC PLAN (CA) SEPT 2014 314376 9/30/14 289.54 REIMB: CA PEER SUPPORT ASSOCIATION 314377 9/30/14 285.61 CIVIL JUDICIAL PROCEDURE/RULES 314378 9/30/14 39.24 MOP 45763. SUPPLIES FOR COMM SVCS 314379 9/30/14 18.53 SUBSISTENCE: POST MANAGER COURSE 314380 9/30/14 640.00 STREET SIGNS / PW 314381 9/30/14 2,452.80 STREET SIGNS / PW 314382 9/30/14 9r 1 LEGAL / MORGAN SQUARE 1 S A 314383 9/30/14 1 LEGAL / S A OPERATIONS 397-500 314384 9/30/14 LEGAL / GEN COUNSEL SVCS 1 S A 314385 9/30/14 20.00 LEGAL / ROSENOW, SPEVACEK GROUP / S A 314386 9/30/14 4,899.65 LEGAL / SANDOVAL, TRACY / S A 314387 9/30/14 237.03 LANDSCAPE MAINTENANCE DISTRICT / S A 314388 9/30/14 825.55 LEGAL / WITOD / S A 314389 9/30/14 1,982.50 SERVICE PERIOD 09/02/14 - 09/15/14 End Date 9/29/2014 Check Date 10/8/2014 GRAND TOTAL A/P Total 937,270.22 9262014 9/26/14 315,652.68 871,929.85 $ 21124,852.75 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 18th OF NOVEMBER, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO.114 ITEM TITLE: hNarrant Register #15 for the period of 10/01/14 through 10/07/14 in the amount of $1,395,731.08 (Finance) l PREPARED BY: JK. Apalateguif DEPARTMENT: Finn PHONE: 019-336-45721 APPROVED BY: ��°�'( Q EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/01/14 through 10/07/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor CheckNVire Amount Explanation Dell Marketing Corp 314406 117,740.84 Desktop Computers / Library Health Net Kaiser Foundation Tristar Risk Management Tristar Risk Management 314422 58,825.20 Insurance R1192A — Oct 2014 314427 165,411.60 Insurance Active — Oct 2014 717374 56,897.23 August 2014 WC Replenishment 717376 28,086.64 Sept 2014 WC Replenishment FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,395,731.08 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 MIS STAFF RECOMMENDATION: (Ratification of warrants in the amount of $1,395,731.08 BOARD / COMMISSION RECOMMENDATION: IN/A1 'TTACHMENTS: Varrant Register #15 1/3 WARRANT REGISTER #15 10/7/2014 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO, I RETIREE HEALTH BENEFITS / OCT 2014 314390 10/1/14 160.00 AFLAC ACCT BDM36 - OCT2014 314391 10/1/14 710.60 ALLEN, R RETIREE HEALTH BENEFITS / OCT 2014 314392 10/1/14 125.00 ANDERSON, E RETIREE HEALTH BENEFITS / OCT 2014 314393 10/1/14 110.00 BEARD, P RETIREE HEALTH BENEFITS / OCT 2014 314394 10/1/14 70.00 BECK, L RETIREE HEALTH BENEFITS / OCT 2014 314395 10/1/14 140.00 BISHOP, R RETIREE HEALTH BENEFITS / OCT 2014 314396 10/1/14 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / OCT 2014 314397 10/1/14 260.00 BOYD, P RETIREE HEALTH BENEFITS / OCT 2014 314398 10/1/14 145.00 C A P F FIRE LTD OCT 2014 314399 10/1/14 608.00 CALIFORNIA LAW ENFORCEMENT PD LTD OCT 2014 314400 10/1/14 1,984.50 CARRILLO, R RETIREE HEALTH BENEFITS / OCT 2014 314401 10/1/14 290.00 COLE, L RETIREE HEALTH BENEFITS / OCT 2014 314402 10/1/14 165.00 CONDON, D RETIREE HEALTH BENEFITS / OCT 2014 314403 10/1/14 280.00 CORPUZ, T RETIREE HEALTH BENEFITS / OCT 2014 314404 10/1/14 140.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / OCT 2014 314405 10/1/14 250.00 DELL MARKETING CORP XJFPNJ8T5/XJFN5C116/XJFN5JJX9/XJFN5N181 314406 10/1/14 117,740.84 rA DENTAL DENTAL INS PREMIER - OCT 2014 314407 10/1/14 14,258.08 1 DENTAL INSURANCE CO PMI DENTAL INS - OCT 2014 314408 10/1/14 2,842.62 u�.,r(OCHERS, P RETIREE HEALTH BENEFITS / OCT 2014 314409 10/1/14 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS / OCT 2014 314410 10/1/14 70.00 DREDGE, J RETIREE HEALTH BENEFITS / OCT 2014 314411 10/1/14 250.00 EISER III, G RETIREE HEALTH BENEFITS / OCT 2014 314412 10/1/14 250.00 FABINSKI, D RETIREE HEALTH BENEFITS / OCT 2014 314413 10/1/14 220.00 GELSKEY, K RETIREE HEALTH BENEFITS / OCT 2014 314414 10/1/14 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS / OCT 2014 314415 10/1/14 120.00 GUNDERT, M RETIREE HEALTH BENEFITS / OCT 2014 314416 10/1/14 350.00 HANSON, E RETIREE HEALTH BENEFITS / OCT 2014 314417 10/1/14 135.00 HAUG, S RETIREE HEALTH BENEFITS / OCT 2014 314418 10/1/14 120.00 HEALTH NET FULL NETWORK 57135A OCT 2014 314419 10/1/14 5,153.90 HEALTH NET HEALTH INS - OCT 2014 N5992F/57135J 314420 10/1/14 1,528.85 HEALTH NET HEALTH INS N5992A - OCT 2014 314421 10/1/14 525.07 HEALTH NET INC NET INS. R1192A OCT 2014 314422 10/1/14 58,825.20 HODGES, B RETIREE HEALTH BENEFITS / OCT 2014 314423 10/1/14 200.00 HONDO, E RETIREE HEALTH BENEFITS / OCT 2014 314424 10/1/14 110.00 JAMES, R RETIREE HEALTH BENEFITS / OCT 2014 314425 10/1/14 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / OCT 2014 314426 10/1/14 50.00 KAISER FOUNDATION HEALTH PLANS INS ACTIVE - OCT 2014, GRP 104220-0002 314427 10/1/14 165,411.60 KAISER FOUNDATION HEALTH PLANS RETIREES INS OCT 2014, GRP #104220-03 314428 10/1/14 10,346.37 KAISER FOUNDATION HEALTH PLANS H S A INS OCT 2014, GRP #104220-0005 314429 10/1/14 2,585.69 KIMBLE, R RETIREE HEALTH BENEFITS / OCT 2014 314430 10/1/14 300.00 'IDA, A RETIREE HEALTH BENEFITS / OCT 2014 314431 10/1/14 155.00 "DECO, M RETIREE HEALTH BENEFITS / OCT 2014 314432 10/1/14 160.00 JNADO, J RETIREE HEALTH BENEFITS / OCT 2014 314433 10/1/14 130.00 MATIENZO, M RETIREE HEALTH BENEFITS / OCT 2014 314434 10/1/14 100.00 MC CABE, T RETIREE HEALTH BENEFITS / OCT 2014 314435 10/1/14 280.00 MEDINA, R RETIREE HEALTH BENEFITS / OCT 2014 314436 10/1/14 105.00 MINER, D RETIREE HEALTH BENEFITS / OCT 2014 314437 1011/14 580.00 MURRAY. J RETIREE HEALTH BENEFITS / OCT 2014 314438 10/1/14 150,00, PAYEE NOSAL, W NOTEWARE, OCHOA, I • PAUU JR, P PEASE JR, D PETERS, S POST, R POTTER, C RAY, S REEDER, M RELIANCE STANDARD ROARK, L ROE, V RUIZ, J SERVATIUS, J SHORT, C SMITH, J STRASEN, W THE LINCOLN NATIONAL LIFE INS TIPTON, B TRIVIZ, R UNITED PARCEL SERVICE URIAS, N WHITE, J ZIETLOW, D AIRGAS WEST AUSTIN DOORS BEAUCHAMP FAMILY COMMERCIAL BROADWAY AUTO ELECTRIC CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CATHARINE KROGER DIAMOND CITY OF NATIONAL CITY COOPER'S PLUMBING & HEATING DANIELS TIRE SERVICE DEPARTMENT OF JUSTICE DIVISION 8 INCORPORATED DREW FORD HYUNDAI EMERGENCY EQPT ENGINEERING FASTSIGNS FEDEX GORMSEN APPLIANCE CO GOVCONNECTION INC GRAINGER GTC SYSTEMS INC HEALTH & HUMAN INFO LINE OF SAN DIEGO INREACH JERAULDS CAR CARE CENTER WARRANT REGISTER #15 10/7/2014 DESCRIPTION RETIREMENT SETTLEMENT / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 REIMB - 2014 APA CA CONFERENCE VOLUNTARY LIFE INS - SEPT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 LIFE & AD&D, STD, LTD INS - OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 UPS CHARGES RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 RETIREE HEALTH BENEFITS / OCT 2014 MOP#45714 MATERIALS AND SUPPLIES CITY-WIDE ROLL -UP DOORS, SERVICE LEASE PAYMENT #3 ELECTRICAL PARTS FOR CITY VEHICLES MOP#45754 BUILDINGS AND STRUCTURES MOP#45698 ELECTRICAL MATERIALS LIABILITY CLAIM COSTS PETTY CASH REPLENISHMENT- AUG 2014 MENS ROOM CLEARED FLOOR DRAIN STOPPAGE TIRES FOR CITY FLEET AS NEEDED FOR FY INVESTIGATIVE SERVICES CITY-WIDE GLASS AND WINDOW REPLACEMENT MOP#49078 AUTOMOTIVE PARTS NEW LEATHER GEAR FOR NEW POLICE ACRYLIC SIGN WITH PRINTED VINYL SIGN MAILING OF PARKING ENFORCEMENT CITY-WIDE APPLIANCE PURCHASES, REPAIRS INV 51767293 / CISCO 3850 NETWORK SWITCH MOP#65179 BUILDING MATERIALS CISCO CATALYST/CISCO EXPANSION EMPLOYEE ASST PROGRAM NC - 211 SAN DIEGO FY 14/15 REGISTRATION FEE R & M CITY VEHICLES AS NEEDED gt2Lbn 314440 314441 314442 314443 314444 314445 314446 314447 314448 314449 314450 314451 314452 314453 314454 314455 314456 314457 314458 314459 314460 314461 314462 314463 314464 314465 314466 314467 314468 314469 314470 314471 314472 314473 314474 314475 314476 314477 314478 314479 314480 314481 314482 314483 314484 314485 314486 314487 314488 DATE 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/1/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 10/7/14 2/3 AMOUNT 1,217.74 120.00 125.00 340.00 140.00 290.00 280.00 150.00 190.00 484.90 1,818.14 135.00 120.00 310.00 340.00 300.00 320.00 135'- 8,9E 2° 135.00 303.26 125.00 230.00 150.00 862.15 1,368.86 3,300.00 1,033.13 476.90 58.83 2,500.00 612.04 245.00 1,719.91 586.00 2,200.00 83.24 145.76 92.30 62.14 1,763.10 47,240 4E 6,9E 758.96 11,716.40 82.50 569.39 PAYEE MORALES, J KAISER FOUNDATION HEALTH PLANS KD C AVENUE LLC KURTS CAMERA REPAIR INC L N CURTIS & SONS LASER SAVER INC LIFE -ASSIST, INC. MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS NAPA AUTO PARTS MATTHEWS, N NIXON EGLI EQUIPMENT CO PACIFIC AUTO REPAIR RY FORD 'WILD P. ..,JENTIAL OVERALL SUPPLY REGIONAL TRAINING CENTER SAFRAN MORPHOTRUST SAN DIEGO HYDRAULICS SDG&E SMART & FINAL SOUTH BAY MOTORSPORTS STAPLES ADVANTAGE STINNETT, R SWEETWATER AUTHORITY THE EPOCH TIMES THE LEW EDWARDS GROUP TODD PIPE & SUPPLY LLC TRANE US INC TRITECH SOFTWARE SYSTEMS U S BANK U S HEALTHWORKS UNITED ROTARY BRUSH CORP VIORA, B WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY 'FD PAYMENTS AR RISK MANAGEMENT TRISTAR RISK MANAGEMENT WARRANT REGISTER #15 10/7/2014 DESCRIPTION REFUND: PREMIT #72824, 307 E 18TH ST RETIREES INS - OCT 2014 REIMB - TENTATIVE SUBDIVISION MAP PARTS FOR REPAIR NIKON / FIRE 31255G GLO. GOLD GEMINI MATRIX GXTREME MOP 45725 TONER CARTRIDGE - FIRE SPAC_G11023EPO. BAG, BACKUP, RED, EFP LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP#45735 AUTOMOTIVE PARTS SUBSISTENCE: FIELD TRAINING OFFICER STREET SWEEPER PARTS SMOG CERTIFICATION & REPAIRS FOR CITY R & M CITY VEHICLES AS NEEDED FOR FY MOP 45707 MISC SUPPLIES - FIRE MOP 45742 LAUNDRY SVC - FIRE CCMA ANNUAL FEE INVESTIGATIVE SERVICES 2- HYDRAULIC OIL FACILITIES DIVISION GAS & ELECTRIC MOP 45756 MISC SUPPLIES - PD R & M CITY VEHICLES AS NEEDED FY 2014 MOP 45704 OFFICE SUPPLIES - MIS REIMB - DRUG RECOGNITION EXPERT FACILITIES DIVISION WATER BILL FOR FY SD58201407 NOTICE OF ELECTION STRATEGIC ANALYSIS PLUMBING MATERIALS, PARTS, AND SUPPLIES CITY-WIDE HVAC SERVICES AND REPAIRS CAD 5 SOFTWARE UPGRADE CREDIT CARD EXP - HR MEDICAL SERVICES STREET SWEEPER REPAIRS AS NEEDED FY 2015 REIMB - PARAMEDIC LICENSE MISCELLANEOUS JANITORIAL SUPPLIES MOP 45763 MISC SUPPLIES - MIS AUGUST 2014 WC REPLENISHMENT SEPTEMBER 2014 WC REPLENISHMENT 3/3 CHK NO DATE AMOUNT 314490 . 10/7/14 29.00 314491 10/7/14 19, 859.91 314492 10/7/14 2,485.00 314493 10/7/14 188.00 314494 10/7/14 6,929.89 314495 10/7/14 87.15 314496 10/7/14 1,476.53 314497 10/7/14 5,567.05 314498 10/7/14 3,107.60 314499 10/7/14 1,467.06 314500 10/7/14 1,171.00 314501 10/7/14 1,067.50 314502 10/7/14 967.30 314503 10/7/14 194.00 314504 10/7/14 640.00 314505 10/7/14 107.07 314506 10/7/14 110.00 314507 10/7/14 790.89 314508 10/7/14 82.50 314509 10/7/14 25.00 314510 10/7/14 750.00 314511 10/7/14 26.00 314512 10/7/14 1,123.37 314513 10/7/14 34,986.62 314514 10/7/14 248.99 314515 10/7/14 1,051.34 314516 10/7/14 1,557.16 314517 10/7/14 339.97 314518 10/7/14 2,705.39 314519 10/7/14 234.00 314520 10/7/14 3,246.75 314521 10/7/14 608.57 314522 10/7/14 5,000.00 314523 10/7/14 10,872.75 314524 10/7/14 1,408.85 314525 10/7/14 287.00 314526 10/7/14 710.57 314527 10/7/14 217.00 314528 10/7/14 3,670.80 314529 10/7/14 189.01 A/P Total 606,920.87 717374 10/7/14 56,897.23 717376 10/7/14 28,086.64 SECTION 8 HAPS PAYMENTS Start Date End Date 10/1/2014 10/7/2014 703,826.34 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 18th OF NOVEMBER, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO. 115 ITEM TITLE: VVarrant Register #16 for the period of 10/08/14 through 10/14/14 in the amount of $2,038,517.84 (Finance) PREPARED BY: K. Apalategui DEPARTMENT: man PHONE: 019-336-4572, APPROVED BY: EXPLANATION: !Per Government Section Code 37208, attached are the warrants issued for the period of 10/08/14 through 10/14/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor CheckNVire Amount Explanation Project Professionals Corp 314585 102,203.17 Public Works Relocation Bank of America Public 721119 473,050.00 Oct 2014 Refunding Bonds Series 2010 PD °ublic Emp Ret System 10102014 318,746.52 Service Period 9/16/14 — 9/29/14 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Reimbursement total $2,038,517.84 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: !Ratification of warrants in the amount of $2,038,517.84 BOARD / COMMISSION RECOMMENDATION: 1N/A� 'TTACHMENTS: Varrant Register #16 PAYEE ALDEMCO AMERICAN CONSTRUCTION AMERICAN PREPPER SUPPLIES ARCO GASPRO PLUS ARGUS HAZCO AT&T MCI AT&T MCI AT&T MOBILITY AUSTIN DOORS BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BURKE WILLIAMS & SORENSEN LLP CAFR CALIFORNIA ASSOCIATION OF CALIFORNIA ASSOCIATION OF CDWG COOPER'S PLUMBING & HEATING 'NTY OF SAN DIEGO OMMUNICATIONS %OMMUNICATIONS DEPT OF INDUSTRIAL DEPT OF INDUSTRIAL DEPT OF INDUSTRIAL DOCUFLOW SOLUTIONS INC DUNBAR ARMORED INC DUNBAR ARMORED INC EC CONSTRUCTORS INC BENEDEK, E EXPERIAN FEDEX GOVERNMENT FINANCE GOVERNMENT FINANCE GRAINGER GRANICUS INC GTC SYSTEMS INC HDL COREN & CONE HDL COREN & CONE HINDERLITER DE LLAMAS & ASSOC HINDERLITER DE LLAMAS & ASSOC HONEYWELL INTERNATIONAL INC IRON MOUNTAIN LOCK & SAFE SERVICE 'CA MINOLTA DS INC LOPEZ, T MCAFEE INC MOBILE WIRELESS LLC NATIONAL CITY CHAMBER OF NATIONAL CITY POLICE WARRANT REGISTER #16 10/14/2014 DESCRIPTION FOOD NUTRITION CENTER REGISTRATION: TRAINING WISE FOODS 1440 SERVING PRE PACKAGED FUEL FOR CITY FLEET AS NEEDED FOR FY CALIBRATION GAS PART / FIRE SBC AT&T PHONE SERVICE / 8/13/14 - 9/12/14 SBC AT&T PHONE SERVICE FY15 ATT / 8/06/14 - 9/05/14 CITY WIDE ROLL UP DOORS SERVICE MOP 67727 METAL NAME TAG - PD MOP 64096 SAFETY BOOTS - G IBARRA PROFESSIONAL SVCS - NEGOTIATIONS DIRECT & OVERLAPPING DEBT STATEMENT CACEO SEMINAR REGISTRATION / OLSON CACEO SEMINAR REGISTRATION / SORIANO CISCO EXPANSION NETWORK MODULE CITY-WIDE PLUMBING SERVICES, REPAIRS REGIONAL COMM SYSTEM / AUG 2014 COX INTERNET SERVICES FY15 COX INTERNET SERVICES FY15 ELEVATOR PERMIT RENEWAL #043180 ELEVATOR PERMIT RENEWAL #129921 ELEVATOR PERMIT RENEWAL #105706 ANNUAL TYPEWRITER MAINTENANCE ARMORED SERVICES - FINANCE ARMORED SERVICES - FINANCE AQUATIC CENTER REIMB - SINGLE RESOURCE FIRELINE EMT CREDIT CHECKS / POLICE DEPARTMENT TRANSPORTATION CHARGES - ENG GFOA GAAFR - BLUE BOOK GFOA GAAP UPDATE WEBINAR MOP#65179 PLUMBING MATERIALS GRANICUS ENCODING APPLIANCE VER 2.5 GTC NETWORK ENGINEERING SERVICES CONTRACT SVCS PROPERTY TAX CAFR SVCS STATISTICAL REPORTS CONTRACT SVCS - SALES TAX 3RD QTR AUDIT SVCS SALES QTR 1 2014 INV 5230402706 / 5230283494 RECORDS MANAGEMENT & STORAGE SAFE COMBINATION CHANGE / POLICE COPIER EQUIPMENT LEASE HEROS CETINELIAN TRANSLATION SERVICES SPAM FILTER/ EMAIL ARCHIVE NETMOTION MOBILITY FOR WINDOWS SALUTE TO NAVY LUNCHEON BLUE KNIGHT AWARDS 1/3 CHK NO DATE AMOUNT 314530 10/14/14 1,827.00 314531 10/14/14 550.00 314532 10/14/14 2,499.00 314533 10/14/14 36,786.44 314534 10/14/14 258.25 314535 10/14/14 7,913.28 314536 10/14/14 384.62 314537 10/14/14 2,248.97 314538 10/14/14 3,308.72 314539 10/14/14 25.92 314540 10/14/14 116.62 314541 10/14/14 85.50 314542 10/14/14 475.00 314543 10/14/14 499.00 314544 10/14/14 499.00 314545 10/14/14 1,712.18 314546 10/14/14 1,829.67 314547 10/14/14 7,632.00 314548 10/14/14 3,045.00 314549 10/14/14 76.04 314550 10/14/14 225.00 314551 10/14/14 225.00 314552 10/14/14 225.00 314553 10/14/14 140.00 314554 10/14/14 186.63 314555 10/14/14 181.17 314556 10/14/14 22,503.31 314557 10/14/14 401.46 314558 10/14/14 44.06 314559 10/14/14 128.36 314560 10/14/14 297.00 314561 10/14/14 135.00 314562 10/14/14 1,358.17 314563 10/14/14 6,406.98 314564 10/14/14 487.50 314565 10/14/14 2,640.00 314566 10/14/14 595.00 314567 10/14/14 6,633.36 314568 10/14/14 539.14 314569 10/14/14 8,623.84 314570 10/14/14 153.92 314571 10/14/14 127.00 314572 10/14/14 6,192.28 314573 10/14/14 2,720.00 314574 10/14/14 140.00 314575 10/14/14 11, 880.00 314576 10/14/14 20,814.40 314577 10/14/14 50.00 314579 10/14/14 375.00 PAYEE PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PERRY FORD PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAUCH DETISCH & STEINKE RCP BLOCK & BRICK INC RELIANCE STANDARD RKI INSTRUMENTS INC S & J BUILDERS & RESTORATION SAFDIE RABINES ARCHITECTS SASI SDG&E SEAPORT MEAT COMPANY SIRCHIE FINGERPRINT LAB INC SLADE, J SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SORIANO, R SOUTH BAY MOTORSPORTS SOUTH BAY WINDOW & GLASS CO SPARKLETTS STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TELLEZ, M TORREY PINES BANK U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNION TRIBUNE PUB CO USA MOBILITY WIRELESS INC VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VILLAGOMEZ, J WAXIE SANITARY SUPPLY WFCA'S FIRE SERVICE BOOKSTORE WILLY'S ELECTRONIC SUPPLY YOUNG, G SDG&E SWEETWATER AUTHORITY US BANK 3M LIBRARY SYSTEMS AMAZON BAKER & TAYLOR BRODART CO DEMCO INC 2/3 WARRANT REGISTER #16 10/14/2014 DESCRIPTION CHK NO DATE AMOUNT PACIFIC TELEMANAGEMENT PAY PHONE 314581 10/14/14 250.80 JANITORIAL SUPPLIES / NUTRITON 314582 10/14/14 79.88 MOIP#45703 AUTOMOTIVE EQUIPMENT 314583 10/14/14 309.58 MOP#45707 BUILDING MATERIALS 314584 10/14/14 3,562.73 PUBLIC WORKS RELOCATION 314585 10/14/14 102,203.17 MOP#45742 LAUNDRY AND CLEANING SERVICES 314586 10/14/14 583.37 10648/10725 PLAZA BLVD WIDENING 314587 10/14/14 2,614.48 11- 43150 YARD CRUSHED ROCK 314588 10/14/14 491.83 VOLUNTARY LIFE INS - OCT 2014 314589 10/14/14 2,870.26 72-0271RK GX-2003, 4-GAS 314590 10/14/14 146.86 CITY WIDE GENERAL BUILDING FOR REPAIRS 314591 10/14/14 486.00 AQUATIC CENTER 314592 10/14/14 13,310.06 MONTHLY TRUST ACCTG OCT, NOV, DEC 2014 314593 10/14/14 286.50 FACILITIES DIVISION GAS & ELECTRIC 314594 10/14/14 9,412.86 MEATS / NUTRITION CENTER 314595 10/14/14 1,530.80 COMBUSTIBLE GAS DETECTOR / FIRE 314596 10/14/14 395.74 SUBSISTENCE - AMERICAN CONSTRUCTION 314597 10/14/14 355.90 MOP 45756 MISC SUPPLIES - HR 314598 10/14/14 BUSINESS CARD CARD MASTER SHELLS / FINANCE 314599 10/14/14 1,4' SUBSISTENCE CACEO TRAINING / SORIANO 314600 10/14/14 2( R & M CITY VEHICLES AS NEEDED FY 2014 314601 10/14/14 172.49 CITY-WIDE WINDOW/DOOR/MIRROR 314602 10/14/14 632.76 WATER / NUTRITION CENTER 314603 10/14/14 8.23 MOP 45704 OFFICE SUPPLIES - PD 314604 10/14/14 823.31 TACK OIL, 3/8 SHEET & COLD MIX ASPHALTS 314605 10/14/14 210.60 PARKS DIVISION WATER BILL FOR FY 2015 314606 10/14/14 4,558.09 CONSUMABLES / NUTRITION CENTER 314607 10/14/14 2,555.93 REIMB - ANNUAL MEMBERSHIP 314608 10/14/14 470.00 AQUATIC CENTER 314609 10/14/14 1,184.39 MEDICAL SERVICES 314610 10/14/14 636.00 UNDERGROUND SERVICE ALERT CHARGES 314611 10/14/14 213.00 PUBLIC NOTICING FOR PLANNING COMMISSION 314612 10/14/14 1,428.10 METROCALL/USA MOBILITY FY15 314613 10/14/14 786.89 STRAY ANIMAL VET CARE / POLICE 314614 10/14/14 127.48 K9 VET CARE / POLICE 314615 10/14/14 489.38 VERIZON WIRELESS / 8/22/14 - 9/21/14 314616 10/14/14 6,877.22 RETIREE HEALTH BENEFITS / SEP-OCT 2014 314617 10/14/14 960.00 MISCELLANEOUS JANITORIAL SUPPLIES 314618 10/14/14 1,997.34 CALIFORNIA FIRE INSPECTORS GUIDE BASED 314619 10/14/14 100.54 MOP 45763. SUPPLIES FOR POLICE 314620 10/14/14 317.85 REIMB - CSFA MEDAL OF VALOR AWARD 314621 10/14/14 321.20 GAS AND ELECTRIC UTILITIES / S A 314622 10/14/14 207.36 WATER UTILITES / S A 314623 10/14/14 657 ADMIN FEES 8/1/14 - 7/31 /15 314624 10/14/14 1,2( ANNUAL MAINTENANCE FOR SELF -CHECK OUT 314625 10/14/14 8,55 BOOKS - AS NEEDED FOR FY 2015 314626 10/14/14 456.54 BOOKS -AS NEEDED FOR FY 2015 314627 10/14/14 1,396.23 BOOK PROCESSING SUPPLIES 314628 10/14/14 182.84 BOOK PROCESSING SUPPLIES 314629 10/14/14 164.99 �.--.... --,T AIWA114 '1 AC nn 3/3 WARRANT REGISTER #16 10/14/2014 PAYEE DESCRIPTION CHK NO DATE AMOUNT LAW, D PERFORMER (AMAZING DANA MAGIC SHOW) 314631 10/14/14 195.00 MIDWEST TAPE DVD'S AS NEEDED FOR FY 2015. 314632 10/14/14 657.22 MORINEAU, G PERFORMER(PUPPET SHOW) 314633 10/14/14 225.00 STAPLES ADVANTAGE MOP#45704 - SUPPLIES 314634 10/14/14 164.84 U S POSTMASTER POSTAGE FOR OVERDUE NOTICES 314635 10/14/14 147.00 WIRED PAYMENTS BANK OF AMERICA PUBLIC PUBLIC EMP RETIREMENT SYSTEM A/P Total 346,163.55 OCT 2014 REFUNDING BONDS SERIES 2010 PD 721119 10/9/14 473,050.00 SERVICE PERIOD 09/16/14 - 09/29/14 10102014 10/10/14 318,746.52 PAYROLL Pay period Start Date End Date Check Date 21 9/30/2014 10/13/2014 10/22/2014 GRAND TOTAL 900,557.77 $ 2,038,517.84 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 S FINANCE OBER LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERKY 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 18th OF NOVEMBER, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO. 16 ITEM TITLE: An Ordinance of the City Council of the City of National City repealing Chapter 10.63 of the National City Municipal Code regulating sex offenders' proximity to children's facilities. PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: Ext. 4222 EXPLANATION: Please see attached staff report. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. 1 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: n FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce proposed ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report Proposed ordinance Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano TO: FROM: SUBJECT: Office of the City Attorney MEMORANDUM Mayor and City Council City Attorney Sex Offender Proximity Ordinance City Attomey Claudia Gacitua Silva Senior Assistant City Attomey Elise Cusato Deputy City Attorney Jennifer Knight DATE: November 18, 2014 I. Chapter 10.63 Restricts Sex Offenders' From Certain Facilities Where Children Are Present In 2005, the City of National City adopted Chapter 10.63, entitled Sex Offenders' Proximity to Children's Facilities. This chapter prohibited sex offenders from being "on or within three hundred feet of a public or private school for children, a center or facility that provides day care or children's services, a video arcade, a playground, park or an amusement center." After the City of National City adopted this Chapter, other cities followed with similar ordinances. At the time of adoption, state law was silent on such location restrictions for sex offenders. Since that time, the state has adopted various state laws imposing location restrictions. II. The California Courts of Appeal Have Held Local Regulation of Sex Offenders Is Invalid This year, the California Courts of Appeal have held that the California Legislature has preempted the field of regulation of sex offenders. These holdings limit the extent to which cities and counties may enact local regulations of where registered sex offenders may reside and be present. See, People v. Nguyen (2014) 222 Ca1.App. 4th 1168; People v. Godinez (2014) 2014 WL 99188 (unpublished); and, In re Taylor (2013) 209 Cal.App.4t 210 (review granted by and pending before California Supreme Court). Specifically, the presence restrictions enacted by the City of Irvine have been held to be pre- empted by state law. The City of Irvine ordinance prohibited registered sex offenders from entering city parks and recreational facilities without written permission from the City's police chief. Nguyen is a registered sex offender who was charged with entering a public park in the City of Irvine without first obtaining written permission from the Irvine Police Chief. The trial court found that the local ordinance was preempted by state law. The Court of Appeal agreed. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 In its opinion, the Court of Appeal engages in a lengthy discussion about the principles of preemption and states, "[i]f the subject matter or field of the legislation has been fully occupied by the state, there is no room for supplementary or complementary local legislation, even if the subject were otherwise one properly characterized as a `municipal affair'." (Id. at 2, citations omitted.) The court defines the relevant field of the state legislation as "the restrictions imposed on a sex offender's daily life to reduce the risk he or she will commit another similar offense." (Id. at 6.) The court goes on to say, "we conclude the Legislature established a complete system for regulating a sex offender's daily life and manifested a legislative intent to fully occupy the field to the exclusion of... local regulations." (Id. at 7.) Further, the court states, Precisely how to restrict a sex offender's access to places where children regularly gather reflects the Legislature's considered judgment on how to protect children and other members of the public from the risk of a sex offender reoffending while also recognizing a sex offender's right to live, work, assemble, and move about the state. [Citations.] The Legislature's enactment of a comprehensive statutory scheme that includes significant restrictions on a sex offender's access to places where children regularly gather, but excludes an outright ban on all sex offenders entering a park ... , manifests a legislative determination that such a ban is not warranted... [Citations.] Accordingly, we conclude state law preempts [the local ordinance] because it fully occupies the field [the local ordinance] regulates. (Id. at 7-8.) As the body of case law regarding enforcement of local sex offender regulation has changed since Chapter 10.63 was adopted, the ability of the City to adopt and enforce our local regulation has been effectively removed. The current case law has affected many cities in similar situations who have thereafter repealed their ordinances. Discussion of Options Available to the City Council Given the current state of the law, the City's ability to locally regulate sex offenders' proximity to children's facilities has been preempted. This does not permanently preclude such regulation, should the state legislature revisit their statutory scheme and specifically allow local regulation. The City could pursue state law changes to address the preemption. In addition, the City could direct staff to research other allowable means and methods in which to protect children from sex offenders, in light of the Court of Appeal rulings. In the meanwhile, this Office does recommend the City Council repeal Chapter 10.63 of the Municipal Cod _iven the current state of the law. On this agenda is the repeal of the ordinance. DIA GACI UA SILVA City Attorne Staff Report November 18, 2014 Regulating Sex Offenders' Proximity to Childrem's Faciltiies 2 Ordinance Repealing Chapter 10.63 of the Municipal Code ORDINANCE NO. 2014 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING CHAPTER 10.63 OF THE NATIONAL CITY MUNICIPAL CODE REGULATING PROXIMITY OF SEX OFFENDERS' TO CHILDREN'S FACILITIES WHEREAS, on November 15, 2005, the City Council adopted Ordinance No. 2005-2275, adding Chapter 10.63 to the National City Municipal Code to regulate proximity of sex offenders to children's facilities; and WHEREAS, the California Court of Appeal determined that a similar sex offender ordinance adopted by the City of Irvine was preempted by State law and, therefore, could not be enforced (People v. Nguyen (2014) 184 Cal App 4th 1096); and WHEREAS, based on current state law, the City Council seeks to amend its City Code by repealing Chapter 10.63 of the Municipal Code in its entirety. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. Chapter 10.63 of the National City Municipal Code, "Proximity of Sex Offenders to Children's Facilities" is hereby repealed in its entirety. Section 2. The City Council, exercising its independent judgment, finds this amendment is exempt from the California Environmental Quality Act (CEQA) Guidelines per Section 15061(b)(3) because the amendment does not have the potential to cause a significant effect on or impact the environment. Section 3. This Ordinance shall be effective 30 days after its adoption, and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published and/or posted as required by law. PASSED and ADOPTED this 18th day of November, 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: November 18, 2014 AGENDA ITEM NO.17 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc., extending the agreement for investment management and advisory services to November 15, 2015. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY: The City of National City entered into an Agreement with Chandler Asset Management, Inc. on November 15, 2011 for investment management and advisory services for the City. That Agreement provides that the City may extend services beyond the contract expiration date of November 15, 2013 under the same term and conditions. Staff now seeks to reinstate the Agreement for an additional year. This Amendment extends the Agreement for the time period November 16, 2014 through November 15, 2015. The Agreement has three (3) additional one (1) year options. This Agenda item is exercising the second one (1) year option. FINANCIAL STATEMENT: APPROVED: `7 ' Finance ACCOUNT NO. APPROVED: MIS Based on the balance of the investment portfolio managed by Chandler Asset Management, Inc. as of January 30, 2014 the estimated annual cost is $12,500. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the Second Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Contract Amendment 2. Resolution SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC. THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this 18t day of November, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Chandler Asset Management, Inc. a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY and CONSULTANT previously entered into an Agreement on November 15, 2011, ["the Agreement") wherein the CONSULTANT agreed to provide investment management and advisory services for the City; WHEREAS, the First Amendment expired on November 15, 2014. WHEREAS, the CITY desires to reinstate and extend the Agreement for an additional year to November 15, 2015. AGREEMENT NOW THEREFORE, the CITY and CONSULTANT agree as follows: 1. The Agreement is reinstated as of November 15, 2014; 2. This Amendment extends the Agreement for the time period November 16, 2014 through November 15, 2015; and 3. The parties agree that each and every term and provision of the Agreement dated November 15, 2011 not specifically amended shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Second Amendment on the date and year first written above. CITY OF NATIONAL CITY CHANDLER ASSET MANAGEMENT, INC. (Corporations— signatures atom corporate officers required) By: By: Ron Morrison, Mayor (Name) APPROVED AS TO FORM: Claudia G. Silva City Attorney (Print) (Title) By: (Name) (Print) (Title) RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC., EXTENDING THE AGREEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES TO NOVEMBER 15, 2015 WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-244, entering into a two year Agreement with Chandler Asset Management, Inc., for investment management and advisory services to the City; and WHEREAS, on March 18, 2014, the City Council adopted Resolution No. 2014- 36, approving the First Amendment to the Agreement to reinstate and extend the Agreement to November 15, 2014; and WHEREAS, the City desires to reinstate and extend the Agreement, which expired on November 14, 2014, for an additional year to November 15, 2015. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby reinstates the Agreement and authorizes the Mayor to execute a Second Amendment to the Agreement with Chandler Asset Management, Inc., to extend the term of the Agreement for one additional year, expiring on November 15, 2015. The Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of November, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO. 18 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with E2 ManageTech, Inc. to increase the not -to -exceed amount of the Agreement by $300,000 and extend the term of the Agreement one year to December 2, 2015. Services are required to assist staff with obtaining regulatory approvals and implementation of the Property Mitigation Plan for environmental remediation of the Westside Infill Transit Oriented Development (WI-TOD) Project site located at 2100 and 2020 Hoover Avenue, pursuant to the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners. LP PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds available in account #001-409-500-598-1596 (WI-TOD Site Remediation) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement w/ Exhibit A-1 3. Resolution Explanation: The Community Development Commission (CDC) of the City of National City selected E2 ManageTech through a competitive Request for Qualifications process to provide environmental engineering services and project management for remediation of the WI- TOD site located at 2100 and 2020 Hoover Avenue. Through their agreement with the CDC, which was executed on September 6, 2011, E2 ManageTech prepared a comprehensive Property Mitigation Plan (PMP) for environmental remediation of the project site. On December 3, 2013, per City Council resolution No. 2013-185, City Council authorized the Mayor to execute an agreement with E2 ManageTech in the amount of $120,000 to assist staff with obtaining regulatory approvals and implementation of the PMP for the WI-TOD Project in order to meet the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP. The decision to contract with E2 ManageTech was based on their qualifications, competitive billing rates, intimate knowledge of the project, and involvement in preparing the PMP. The original agreement and scope of work focused on obtaining separate environmental closures for the east side of Paradise Creek by November 2014, in order to meet the developer's schedule. E2 ManageTech was able to achieve conditional closures for the east side by the deadline. However, due to the following conditions that occurred throughout the project, an additional $102,303 was required to meet the developer's aggressive schedule: • Unforeseen site conditions (for example, abandoned infrastructure for hydraulic lifts beneath the mechanic's shop were discovered which required additional excavation, testing, analysis and reporting); • Coordination with and reporting requirements imposed by three separate and distinct environmental regulatory agencies — California Department of Toxic Substances Control (DTSC), County of San Diego Department of Environmental Health (DEH) and Regional Water Quality Control Board (RWQCB); • Additional excavation, sampling, soil characterization, testing, analysis and reporting required by DTSC; • Increased costs associated with expedited turnaround times for laboratory analysis, testing and report preparation. Remaining costs associated with the east side closure (above and beyond the original contract amount), based on additional requirements from the regulatory agencies, are estimated at approximately $48,000. See Exhibit A-1 to the attached Amendment for a detailed summary of project tasks and associated costs. Exhibit A-1 to the attached Amendment also includes cost estimates to obtain individual closures for the west side of Paradise Creek, which total approximately $138,000. The total amount requested as part of Amendment No. 1, including change order work, remaining east side work, proposal to obtain west side closures, and contingency, is $300,000, which would result in a total Agreement amount of $420,000. Based on E2 ManageTech's performance to date, competitive billing rates (which have not been increased in over 7 years dating back to preliminary project work with the CDC), familiarity with the project, and importance of providing consistent reporting and open lines of communication with the City, developer and environmental regulatory agencies, staff recommends authorizing the Mayor to execute a First Amendment to the Agreement with E2 ManageTech, Inc. to increase the not -to -exceed amount of the Agreement by $300,000 and extend the expiration date of the Agreement one year to December 2, 2015. FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND E2 MANAGETECH, INC. This First Amendment to the Agreement is entered into this 18th day of :November 2014 by and between the City of National City, a municipal corporation ("CITY"), and E2 Manage Tech, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY and, the CONSULTANT entered into an agreement on December 3, 2013, ("the Agreement") through the adoption of City of National City Council Resolution No. 2013-185, wherein the CONSULTANT agreed to provide environmental engineering services and project management for remediation of the WI-TOD site located at 2100 and 2020 Hoover Avenue. WHEREAS, the original Agreement had a not to exceed amount of $120,000 and an expiration date of December 2, 2014; and WHEREAS, the parties desire to increase the not -to -exceed amount by $300,000, consistent with the scope of services and costs summarized in Exhibit A-1 to this Amendment, for a total Agreement amount of $420,000; and WHEREAS, the parties also desire to extend the expiration date of the Agreement one year to December 2, 2015. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on December 3, 2013 as follows: 1. Increase the not -to -exceed amount by $300,000, for a total Agreement amount of $420,000. 2. Extend the expiration date of the Agreement one year to December 2, 2015. 3. The parties further agree that each and every term and provision of the Agreement dated December 3, 2013, shall remain in full force and effect. <signatures on next page> -1- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney E2 MANAGETECH Bv: -2- e Moe -Reynolds CFO and Principal aryl Hernandez, P.E. Vice President and Principal BSi1Sa&ag1a11C 11:11888888888888$$8 8� 888$g888R:: 8I&8R9&& 888.g88888888888$8$8888$$8.88 119181111g8B8fiSA1111� 8� q R�{q ggooqq0000.eoee qoe.. ocsegaooe!. e000 oeodeeeegooeegdedeee000eee Nd e$ l.od�jdeddFNe:e B egogoodd=. d,dd4.-d dddN gggglggggg 1 lg¢aSaaaaaaRSaaaEs{l r - aaaa8asaa.; laaaaSaaSSSaaaSaaaSSaaaSaa$aaao 1 liSSSSspas SSa9Saq nagaaaal.:: j aaaakaaa8a8aaa8aaakkgmaam a 0 o 8 rt » o `d :: Min ooga4ao o. gaaaSaSpaaaSaaaaar, aka aaSa,k paaakaaaSSaaaSaa Sallplaum ; » x arise SSaaa8aaS C SRa»&aSaQQ:. p§agaga§asavalassuusamigiE A ; Y : » - ;;;;. 1 afi88ag88 88888ak1 a a�R6Saaat1,_, paraaal6avaaapaalRSag_aaR8 Bx8az o ER; C n •.• o o .e, o c q.nrFF Fire Fi 5 ! Raaaa§SSSR a82!1 8Saa8Sa2 S;;; FSS8Sa883a2aa&98R882a8B2222222/ u � m 4 1d•�•.1 !Ipaaaaaaaaaaklaaaj� SaSSaaaaa.�SaaaaaaaaaBa&aaaSSaSSa&936a1aag i! IIlab 9 .fie 9 -' 220222122R&S5SES Ru T. u 0 &a2SSa288;•:•,1aaSaQ38aaSSSaa&SSaaSaa9&222!I"X u Si . 1 t! p&aSgaalaaaaFaSaaal tt $ SSSSaa3&a„ ;. 1222222222222222222S2222222222! i liq r iaa&aaaagaaaaRaBSa Y ft W22Ra2a2 12222222222252222222522222222S! N : =88a2228 11assgua. NEEK i $ga8, »R8 is ^ 8. p8 es p 88 8 8888gg8888a gitE a » S } i F I. 1 E 1 1$ $ I 1 II id 111 4 1a31.3 !IHhihiH{I RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH E2 MANAGETECH, INC. TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $300,000 AND EXTEND THE TERM OF THE AGREEMENT ONE YEAR TO DECEMBER 2, 2015 FOR ENVIRONMENTAL REMEDIATION OF THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT PROJECT SITE LOCATED AT 2100 AND 2020 HOOVER AVENUE, PURSUANT TO THE CITY'S OBLIGATION TO THE FORMER REDEVELOPMENT AGENCY TO CARRY OUT THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP WHEREAS, the Community Development Commission of the City of National City ("CDC") selected E2 ManageTech through a competitive Request for Qualifications process to provide environmental engineering services and project management for remediation of the Westside Infill Transit Oriented Development Project ("WI-TOD") site located at 2100 and 2020 Hoover Avenue; and WHEREAS, through their agreement with the CDC, which was executed on September 6, 2011, E2 ManageTech prepared a comprehensive Property Mitigation Plan (PMP) for environmental remediation of the project site; and WHEREAS, on December 3, 2013, the City Council adopted Resolution No. 2013-185, authorizing the Mayor to execute an Agreement with E2 ManageTech in the amount of $120,000 to assist staff with obtaining regulatory approvals and implementation of the PMP for the WI-TOD Project in order to meet the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP; and WHEREAS, the original Agreement and scope of work focused on obtaining separate environmental closures for the east side of Paradise Creek by November 2014, in order to meet the developer's schedule, which E2 ManageTech was able to achieve; and WHEREAS, due to the following conditions that occurred throughout the project, an additional $102,303 was required to meet the developer's aggressive schedule: • Unforeseen site conditions (for example, abandoned infrastructure for hydraulic lifts beneath the mechanic's shop were discovered which required additional excavation, testing, analysis and reporting); • Coordination with and reporting requirements imposed by three separate and distinct environmental regulatory agencies — California Department of Toxic Substances Control (DTSC), County of San Diego Department of Environmental Health (DEH) and Regional Water Quality Control Board (RWQCB); --- Signature Page to Follow -- Resolution No. 2014 — Page Two • Additional excavation, sampling, soil characterization, testing, analysis, and reporting required by DTSC; • Increased costs associated with expedited turnaround times for laboratory analysis, testing and report preparation; and WHEREAS, remaining costs associated with the east side closure (above and beyond the original contract amount), based on additional requirements from the regulatory agencies, are estimated at approximately $48,000; and WHEREAS, the cost estimates to obtain individual closures for the west side of Paradise Creek, total approximately $138,000; and WHEREAS, this First Amendment to the Agreement provides for change order work, remaining east side work, proposal to obtain west side closures, and contingency, for the not to exceed amount of $300,000, which would result in a total Agreement not to exceed amount of $420,000, and extends the Agreement by one year to December 2, 2015; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with E2 ManageTech, Inc., to increase the not to exceed amount of the Agreement by $300,000 and extend the term one year to December 2, 2015 for environmental remediation of the Westside Infill Transit Oriented Development Project site located at 2100 and 2020 Hoover Avenue, pursuant to the City's obligation to the former redevelopment agency to carry out the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP. The First Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of November, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO. 19 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the purchase of a new ladder truck for the National City Fire Department for $1,033,889 and the establishment of an appropriation of $1,033,889 in the Equipment Replacement Fund. (Fire/Finance) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION: The National City Fire Department (NCFD) is seeking Council approval to purchase a new ladder truck to replace an aging reserve fire truck that was a vital piece of equipment to the region. In 2012, the NCFD received a 105' Pierce Aerial ladder truck, which was purchased with a 10 year lease/purchase agreement. At that time, the front-line 1996 Central States Quint was placed into reserve status. Earlier this year, the reserve fire truck was determined to be no longer operable and has been decommissioned and prepared to be surplused out. The new ladder truck will serve as the front-line vehicle, and the City will place the 2012 fire truck in reserve status. The Department of Finance has researched several financing options, including full cash purchase and full and partial financing of the balance remaining after the $200,000 down payment appropriated in the General Fund. Upon consideration of all options, Finance staff recommends: 1) the truck be purchased with cash available in the Vehicle Replacement Reserve (Equipment Replacement Fund), as purchase of vehicles is the designated purpose of the reserve; 2) the Vehicle Replacement Reserve be replenished with annual installments from the General Fund paid over a 10-year period, the anticipated front-line service period of the truck; and 3) the installments include an annual inflation factor of 3% and an annual "reserve build-up" factor of 1 %, both based upon the purchase price of the truck, to replenish the cash balance of the Vehicle Replacement Reserve and to fund future replacement of the truck. The resulting annual cost to the General Fund will be approximately $145,000. Financing of the truck is included in the City's current Capital Improvement Program. FINANCIAL STATEMENT: APPROVED: `74/ns4 ,Fib-" Finance ACCOUNT NO. APPROVED: MIS 001-412-125-519 (General Fund.) — $200,000 644-00000-3700 (Equip. Replacement Fund) — $200,000 644-409-000-519 (Equip. Replacement Fund) — $1,033,889 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Equipment Replacement Fund appropriation and expenditure of $1,033,889 to purchase a new Ladder Truck with revenues received from the General Fund. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF A NEW LADDER TRUCK FOR THE NATIONAL CITY FIRE DEPARTMENT FOR $1,033,889, THE ESTABLISHMENT OF A REVENUE BUDGET OF $200,000, AND AN APPROPRIATION OF $1,033,889 IN THE EQUIPMENT REPLACEMENT FUND WHEREAS, in 2012, the National City Fire Department ("NCFD") received a 105' Pierce Aerial ladder truck (the "2012 fire truck"), and placed the, at that time, front-line 1996 Central States Quint fire truck into reserve status; and WHEREAS, earlier this year, the reserve fire truck was determined to be no longer operable, and has been decommissioned and prepared to be surplused out; and WHEREAS, NCFD desires to purchase a new ladder truck for $1,033,889 to serve as the front-line vehicle, and place the 2012 fire truck into reserve status; and WHEREAS, $200,000 has been appropriated in the Fiscal Year 2015 General Fund budget for down payment on a new ladder truck. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the purchase of a new ladder truck to serve as the Fire Department's front-line vehicle for the National City Fire Department for $1,033,889. BE IT FURTHER RESOLVED that the City Council hereby authorizes the placement of the 2012 fire truck into reserve status. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of a revenue budget of $200,000 and an appropriation of $1,033,889 in the Equipment Replacement Fund. PASSED and ADOPTED this 18th day of November, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO. 120 ITEM TITLE: 'Resolution of the City Council of the City of National City opposing the closure of Traffic Court Operations in the South County (Chula Vista). (Police) PREPARED BY: Captain David Espiritu DEPARTMENT: Police PHONE: 336-4491 APPROVED BY: EXPLANATION: Due to continuing reductions in state court funding, the San Diego Court intends to close traffic court operations in the South County (Chula Vista) and East County (El Cajon). Traffic court at these locations will be consolidated and moved to the Kearny Mesa Traffic Court Facility beginning July 6, 2015. These proposed closures will impact police operations and service to our community. Longer commute times to Kearney Mesa Traffic Court and increased cases due to the consolidation, equates to officers being out of service for longer periods, more overtime use and longer response times to calls for service. In addition to longer commute times, certain community members needing to attend traffic court, will be faced with public transportation challenges. This will lead to increase citations going to warrant for those community members that are not able to overcome these challenges, due to the closure of traffic court in the South Bay (Chula Vista). Per the request of City Council of 10/21/2014, this Resolution is being brought forth. FINANCIAL STATEMENT: ACCOUNT NO. 1 IN/AI ENVIRONMENTAL REVIEW: N/A' ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: (Oppose the closure of Traffic Court Operations in South County' BOARD / COMMISSION RECOMMENDATION: 'N/A1 ATTACHMENTS: Notification letter from presiding judge RECEIVED 0C1 1 5 2014 Chumlmn- of na VIDI. DANIELSEN PnsafingJudge JJjrr uperiur (uurt OF THE . tatr of (>ZnJifnrtiizt SAN DIEGO October 6, 2014 Cc ; ! ,eftlic, • = s f 4 Rficc- Mulling Address Poi Oyfife Bur 122724 .Star Diego. talijanniu 92112.2724 Ms. Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Re: Notice of Intent to Close Traffic Court Operations in East County and South County and Consolidate into the Kearny Mesa Traffic Court Facility Dear Ms. Deese: We are writing to inform you that based on the continuing reductions in state court funding, the San Diego Superior Court ("court") intends to close traffic court operations in the East County (El Cajon) and South County (Chula Vista) and to consolidate these traffic court operations at our Kearny Mesa Traffic Court facility beginning July 6, 2015. Fiscal Year 2014-15 marks the seventh consecutive year that the Superior Court has had to reduce our operating budget. Beyond this year, proposed budget allocations for FY 2015-16 based on the Governor's two year budget plan (FY 2014- 15 and FY 2015-16) for the judicial branch, will also lead to further cuts as well. Reductions in previous years have resulted in significant cuts to court services including, the closure of civil business and courtroom operations in East. and South County, elimination of court -provided court reporters in all civil cases, closure of probate operations and a reduction in juvenile dependency court operations in North County, closure of civil and criminal courtrooms in the Central Division, and reduced public service hours in all locations. Our workforce which numbered nearly 1600 employees in 2008 will shrink to under 1200 employees by the end of this fiscal year. This has led to significant and ongoing backlogs and delays in the processing of judgments, abstracts and other important case -related documents, Notice of Intent to Close Traffic Court Operations in East County and South County October 6, 2014 Page12 After reducing the court's budget by $42 million in previous years, we are now confronted with the need to reduce another $9 million over the next two years. After carefully considering many options and heeding the call from Governor Jerry Brown for local trial courts to achieve "additional efficiencies or changes in operations," our budget reduction plans for FY 2014-15 and 2015-16 provide for, among a number of other recommendations, the consolidation of our traffic court operations in the East County and South County branches within our Kearny Mesa Traffic Court facility. This consolidation would occur beginning July 6, 2015. In order to provide sufficient opportunity for comment and input from those who may be affected by this proposed action, we have scheduled two separate meetings: East County Regional Center 250 East Main Street El Cajon, CA 92020 Friday, December 5, 2014 1:00 p.m. - jury Lounge South County Regional Center 500 Third Avenue Chula Vista, CA 91910 Friday, December 12, 2014 1:00 p.m. - Jury Lounge If you or your representative can attend this meeting, please call Marisela Serena, Executive Secretary to the Presiding Judge, at (619) 450-5478 to confirm your attendance. If you have questions before the meeting, please do not hesitate to call Michael Roddy, Court Executive Officer, at the same number listed above. Very truly yours, DAVID A IELSEN MICHAEL RODDY Presidi g judge Executive Officer c: Judge Jeffrey B. Barton, Assistant Presiding Judge Judge Laura W. Halgren, Supervising Judge, East County Division Judge Ana Espana, Supervising judge, South County Division Superior Court Executive Committee Michael M. Roddy, Executive Officer Steve Cascioppo, Assistant Executive Officer RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING THE CLOSURE OF TRAFFIC COURT OPERATIONS IN SOUTH COUNTY SUPERIOR COURT WHEREAS, due to continuing reductions in state court funding, San Diego Superior Court intends to close traffic court operations in the South County (Chula Vista) and East County (El Cajon); and WHEREAS, traffic court at these locations will be consolidated and moved to the Kearny Mesa Traffic Court facility beginning July 6, 2015; and WHEREAS, these proposed closures will impact police operations and service to our community by causing longer commute times and increased cases due to the consolidation of traffic court operations, which equates to officers being out of service for longer periods, more overtime use, and longer response times to calls for service; and WHEREAS, certain community members will face public transportation challenges to attend their court hearing, which will lead to an increase in the number of citations becoming warrants for arrest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby opposes the closure of Traffic Court Operations in South County Superior Court. PASSED and ADOPTED this 18th day of November, 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 7ETING DATE: November 18, 2014 AGENDA ITEM NO. $1 ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process pursuant to Section 2.60.260 of the National City Municipal Code by utilizing the Agreement between 3M and Oak Creek Public Library, and authorizing the Mayor to execute an agreement by and between the City of National City and 3M Library Systems for the purchase and installation of an International Standards Organization (ISO) Radio Frequency Identification (RFID) Tag and Theft Detection System from 3M Library Systems in the not -to -exceed amount of $81,301 for the Library. PREPARED BY: Gloria Olivares DEPARTMENT: Library PHONE: 619.470.5882' APPROVED BY EXPLANATION: National City Public Library has been using proprietary the RFID tags and security system by Checkpoint with service and maintenance provided by 3M Library Systems. Checkpoint has lately ceased new production of system components and service parts. In order to maintain support to a few remaining customers still using Checkpoint Microchip, 3M is now working with refurbished components to service the Library's Checkpoint equipment. As the industry has almost migrated to ISO standards for the RFID technology and as service parts get more difficult to come by, the Library is compelled to migrate from Checkpoint proprietary RFID to ISO standard RFID fags, which are universal and compatible with any equipment in addition to being of easier maintenance by any nvice provider. See Explanation for further details. FINANCIAL STATEMENT: ACCOUNT NO. B29-417-082-502-0000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Approve resolution! BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on November 10, 2014 ATTACHMENTS: 1. Explanation 2. Agreement By and Between the City of National City and 3M Library Systems 3. 3M Library Systems Quotation Direct - Exhibit A 4. Oak Creek Public Library Request for Proposals 5. 3M Library Systems Response to Oak Creek Public Library Request for Proposals 6. Library Systems Sales Agreement Between 3M and Oak Creek Public Library 7. Resolution NATIONAL GTY PUBLIC LIBRARY 1401 National City Boulevard National City, CA 91950 619-470-5830 FJfPLANATION ITIM Radio Frequency ►Dentification (RFID) Conversion Project IIACSCROUND Radio Frequency identification (RFID) is the wireless use of electromagnetic fields to transfer data for the purposes of automatically identifying and tracking tags attached to objects. Combined with microchip technology, RFID-based systems used in libraries provide more efficient handling and tracking of materials throughout the library, including easier and faster charge/discharge and inventory, as well as a wider -ranged sensitivity theft detection systems. A typical system includes several kinds of readers: readers at staff workstations for circulation desk charging and discharging; patron self -charging stations; and longer - range walk-through exit sensors to detect and read an RFID tag passage for purposes of determining whether the item has been checked out to patrons or not. It is also possible to install a reader in a book drop to discharge materials as they pass the reader. In 2007, two of the top competitors in the library -focused RFID and library security products arena, Checkpoint Systems and 3M Library Systems, decided to consolidate their efforts to produce and market products to libraries. The arrangement results in melding the 3M Library Systems marketing channels with products from Checkpoint Systems. As of 2008, 3M Library Systems serves as the exclusive worldwide distributor and service provider for Checkpoint's family of products oriented toward libraries. National City Public has been using Checkpoint proprietary security and RFID products since 2004 and serviced by 3M. Last year, the Library was notified by 3M that Checkpoint has ceased new production of system components and service parts several years ago. 3M is working with refurbished components to maintain support for the few remaining Checkpoint Microchip customers but there will be unavoidable delays in parts availability. In addition to that, due to the pre -ISO proprietary nature of this product line, it is not possible to provide compatible, current -production replacement alternatives. The industry has almost migrated to ISO (International Standard Organizations) Standard systems. srsrr RECOMMENDATION Being one of the leading companies in the RFID technology, 3M Library Systems develops, designs, and manufactures cutting edge conversion, circulation, collection management, and security solutions for libraries. They offer a one -stop shop for all the Library's needs: hardware, software, and support services. The following reasons make 3M Library Systems a provider of choice for our RFID conversion project: • Products. 3M can replace all the Checkpoint equipment and products the Library is currently using with their own products which have significant advancements in performance and interface capability and provide compatibility across the broad market of ISO RFID product solutions. 3M products offer high interoperability by not only complying with ISO standards, but also by working well with ISO compliant systems from other vendors. • Service and Support. As a current customer of 3M, the Library has always experienced a prompt and responsive on -site service. Furthermore, the value of the existing service contract that the Library carries with 3M for the service/maintenance of Checkpoint equipment will be transferred over to the new 3M RFID System contract. Conversion with 3M will be as seamless a transition as it can get. • Vendor Reliability. 3M Library Systems has been serving libraries for over forty years. They have successfully implemented RFID solutions for hundreds of libraries that use a variety of Integrated Library Systems. • Made in USA. 3M manufactures their own products in America. This allows them to have total control over their products instead of relying on outside Original Equipment Manufacturers and third party integrators that control the manufacturing process. • Ongoing Cost Savings. Switching to ISO standard RFID tags will save the Library thousands of dollars as the cost of the 3M ISO standard tag ($0.14 - $0.18 a tag) is significantly lower than the proprietary Checkpoint tag ($0.75 a tag) the Library is currently using. • Recipient of an RFP award from Oak Creek Public Ubrary, Wisconsin. 3M has recently responded to a request for proposals from Oak Creek Public Library, Wisconsin to convert its RFID system from Electromagnetic Strips to an integrated RFID system that includes tags, self -check stations, and security gates, and was awarded the contract. The scope of service and products that was called on 3M to provide matches exactly what National City Public Library needs; the pricing negotiated by Oak Creek Library was also the lowest offered by 3M to its customers. Pursuant to Section 2.60.260 of the National City Municipal Code that provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in compliance with the City's procurement procedures - and such determination has been made in this case - the purchase and installation of the RFID system may be made without complying with the competitive bidding process set forth in the Municipal Code by piggybacking the Oak Creek Library's contract with 3M Library Systems. Based on the aforementioned reasons, staff is recommending the upgrade to the 3M ISO RFID System. The system conversion entails the following tasks: - Remove and replace RFID tags on over 200,000 items in the collection - Remove and install new security exit gate - Replace staff workstations - Install new patron self -check stations LIBRARY CLOSURE If the RFID migration project is approved by City Council, the Library will need to be closed to the public the week of December 15 through December 21, 2014 in order to carry out the conversion and complete the project. 3M Center, 224-ZS-04 St. Paul, MN 55144-1000 Office: 800-328-0067 ext. 2 Fax: 800-223-5563 Today's Date: Expiration Date 09/29/14 12/28/14 Quotations are good tor 90 days. Ali dates are based on ship dates. Order must ship within the 90 day window. After 90 days, quotation expires. Contact 3M for a New Quotation. shjpt013ta n�don ds) IlI3it ' s� ± i i Library Name National City Public Library Name Address 1401 National City Blvd Address City, State. Zip National City, CA 91950 City, State, Zip Contact Name Minh Duong Accounts Payable Contact Name Email Address mihh.duonaW nationakkvabran.otq Email Address Phone # (519) 470.5882 Phone # Fax Fax# P.O. # and Signature (signature required ifcustomer is using this form as an order) Requested Delivery and Install Dates Quantity Dascrkdion Unit Pries Extended Prloe Good Through: 12728M4 34 3M ISO MAD Tapia X50)200Ittotl, 6aO0I Cat onlincludaa }tear cit oo ehipptngj x977:00 . 828C15.00 15 StingRay Full Disc RFID Tag (1000 par pack) (Includes: $4 shipping p/ pack) $849.00 59,735.00 WOO $0.00 6 3M Staff Workstation Model 805 vdUBs Raider (Includes $4 shipping p/unit) 5852.00 $6,112.00 -Inctudes3MaupporfedcaMornerinstailatbnand 1211019! 1ap0t epaltervloe '40.00 9000 so.00 So.00 80.00 S0.00 1 3M RFID Defection System Model 9102 36" Bunted Cable (WIRED Network Card) S8,648.00 S8,648.00 1 -Includes set upantlmntlgure(k;n,and12month eervioi(incklt s9Z27s8Nopki9) S0,0© SOLO 50.00 S0.00 So:0o *0.00 2 3M Seilebeclea System Model 8422 (R4liadaa) Tabletop (Med) (Includes etnn SNPPina Pion) 89,024.00 818,048.00 - Includes eebip and canhguratfon, and l2 moinh full sehrice warianty - - SO,Ob $0.00 $0.00 $0.00 3000 : ' 50',00 1 3M Command Center Enterprise (25 Networked Devices) (SC. 9100. IR) $0.00 $0.00 $0.00 *BOO 00.00 $0.00 So,00` $0A0 $0.00 $0.00 SOi10 ' *0.06 10 3M Model 512 Mobil. RFID Conversion Station - 30 Day Rental $495.00 84,950.00 $0.00 $0.00 1 3M 019kai Library Masielanl Model MA Ut ( 6iciwies DDM) se option lIncludea SS Shipping) S4,090.00 $4,990.00 Sipping and Hand mg billed as actual at time of shipment Subtotal Shipping 1. Handling Fee Total' $81,301.00 Included Applicable Sales Tax will be applied 3M Sales Consultant 3M Sales Caeunam Phone a Al Skinner (916) 768-5341 3M Cusbrner Serape Representative Edie sy Vona 3M Customer Service Representative Phan# 800-328-0087 x2 btdl or Fax owchne lNer to UV address abate. comments: Terms are NET 30 Days from Date of Invoice. Invoice is generated at the bme of Shipment. A copy of Tax Exemption Certificate is required with purchase order for all tax exempt customers. EXHIBIT A Oak Creek Public Library RFID Request for Proposals OAKCREEK - WISCONSIN - PUBLIC LIBRARY Request for Proposals Radio Frequency Identification System Conversion Oak Creek Public Library 8620 5 Nowell Avenue Oak Creek WI 53154 Page I of 22 Oak Creek Public Library RFID Request for Proposals Table of Contents Contents Project 3 Request For Proposal Process 3 Schedule for the RFP Process 3 Vendor Inquiries 3 Notification of Withdrawal of Proposal 3 Contractual Obligations 3 Right of the Library to Reject Proposals 4 Evaluations 4 Confidentiality of Documents 4 Instructions to Proposers 4 General Information 5 RFID Goals 6 Scope of Services 7 Requirements Applicable to Every System Element 8 System Element: Tags 9 System Element: Patron Self-service Check-out Station 12 System Element: Staff Work Stations 16 System Element: Security Gates 17 System Element: Conversion Stations 19 Inventory Control Units/Portable Readers 20 Project Management 21 Hybrid Solutions 22 Page 2 of 22 Oak Creek Public Library RFID Request for Proposals Project The Oak Creek Public Library seeks proposals from qualified vendors to convert its RFID system from Electromagnetic Strips to an integrated RFID system that includes tags, conversion stations, circulation readers, patron self-service checkout stations, security gates, book drop readers, and portable inventory readers. Request for Proposal Process Schedule for the RFP Process RFP Issuance: January 15, 2014 Proposal Due Date: February 13, 2014 Review of Proposals Completed: March 4, 2014 Recommendation to the Board: March 11, 2014 Anticipated Approval: March 11, 2014 Notice to Proceed: March 12, 2014 Vendor Inquiries The Oak Creek Library Board has designated Jill Lininger, Library Director, as Project Manager. Please direct any questions or comments concerning either the administrative or technical requirements of this RFP to Project Manager via either email at jill.lininger@mcfls.org or phone at (414) 768-5580. Notification of Withdrawal of Proposal Proposals may be modified or withdrawn by an authorized representative of the vendor or by formal written notice prior to the final due date and time specified for proposal submission. Submitted proposals will become the property of the Oak Creek Public Library after the proposal submission deadline. Contractual Obligations The successful vendor will be required to enter into a contract with the Oak Creek Library Board of Trustees in which the vendor will undertake certain obligations. These obligations include, but are not limited to, the following: inclusion of Proposal - The proposal submitted in response to this RFP will be incorporated as part of the final contract with the selected vendor. Indemnification and Insurance - The successful vendor(s) shall indemnify and hold the City of Oak Creek and its officers, agents, employees and assignees, harmless from any liability imposed for injury whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including Page 3 of 22 Oak Creek Public Library RFID Request for Proposals strict liability or negligence of vendor, or of anyone acting under vendor's direction or control or on Its behalf, in connection with or incident to, or arising out of the performance of this contract. The successful vendor shall maintain and shall require all of its subcontractors to maintain general liability insurance with limits of not less than $1,000,000 per occurrence for the extent of the project. Right of the Library to Reject Proposals The Library reserves the right to reject any and all proposals or any part of any proposals, to waive minor defects or technicalities, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed protect as the Library may deem necessary in its best interest. The Library also reserves the right to negotiate with any vendor regarding all or part of any proposal that is in the best interest of the Library. This RFP document consists of an invitation to submit a proposal only. It Is not a contract and it creates no obligations or duties whatsoever to a respondent or to the Library until a proposal is submitted and a contract approved by the Oak Creek Library Board of Trustees. Evaluations The Library personnel evaluating the proposals will make recommendations based upon the proposal that will best serve the Library. Any ideas generalized from the proposal process will become the property of the Library. After review of the RFP, the highest ranked proposers will be required to demonstrate their technology on site at the Library. The cost of the demonstration will be borne by the bidder. Confidentiality of Documents All responses to the RFP submitted by vendors shall be deemed public documents at the time they are opened by the Library. The RFP is intended to be worded in a manner so as not to elicit proprietary information from the vendor. If proprietary information is submitted as part of the proposal, such information is to be labeled proprietary and be accompanied with a request that the information is to be held In confidence by the Library until such time as the contract is set. Any proposal that is submitted with a general statement or limitation that would prohibit reasonable public inspection shall be considered non -responsive and shall be rejected. Instructions to Proposers Deadline for receipt of proposals is Thursday, February 13, 2014 at 3:00 p.m. at the Oak Creek Library located at 8620 5 Howell Avenue, Oak Creek WI 53154. Bids received after the deadline may not be accepted. The awarded bid, if one is selected, will be approved by the Library Board. Please prepare and submit (5) paper copies of the bids and (1) electronic copy to jill.linirger@mcfis.org. Completed bids should be clearly marked "RFP for RFID Conversion System for the Oak Creek Library." Proposals sent via fax will not be accepted. Include a list of libraries similar in size and activity to Oak Creek that are currently using your system or components. Include name of library, contact person, and explanation of work provided by your company. Each proposal shall be typewritten. Each page shall be numbered. Electronic files, web sites, or URLs shall not be included as part of the proposal; compact disks and/or computer disks Page 4 of 22 Oak Creek Public Library RFID Request for Proposals submitted as part of the proposal shall not be considered. Each proposal must include the sections and attachments in the sequence listed for System Elements identified in Scope of Services. All proposers must complete the Project Management and Hybrid sections. Failure to meet the above conditions may result in disqualification of the proposal. General Information The City of Oak Creek is located in Milwaukee County. The population is approximately 35,000 and there are over 15,000 library card holders. The Oak Creek Public Library is a single building, 14,800 square foot facility. The City is currently designing a new facility of approximately 40,000 square feet which is scheduled to open in fall of 2014. Library Statistics • Circulation in 2012: Checkouts: 285,541; Checkins: 521,519 • Collection: 84,500. DVDs, CDs, and other media account for approximately 13,000 items. The Library is a member of the Milwaukee County Federated Library System IMCFLS), as are the other 14 public libraries in the County. Financed by state funds, the federated system coordinates specific joint services, such as the computer system which stores bibliographic - information on books and other materials, records circulation transactions and keeps information on library card users. The Library uses the Innovative Interfaces (hereafter referred to as III) Millennium integrated library system (ILS), locally referred to as "CountyCat," for circulation, cataloging, web OPAC, acquisitions and serials work. The III server resides in the MCFLS offices, which are housed in the Central Library at 814 W. Wisconsin Avenue. Wireless Internet access, both for public and staff use, is available. The Library currently has eight staff work stations that need to have an RFID pad added to existing equipment. The library's new facility is anticipated to include an automated materials handler system which will be bid in coordination with the furnishing, fixtures, and equipment bids for the new library. Page 5 of 22 Oak Creek Public Library RFID Request for Proposals RFID Goals The Library is looking for a vendor or vendors who most fully understand the Library's needs and offer creative, economic, long-lasting, and practical solutions. Proposals should be written to meet and exceed the Library's goals. A complete RFID system performs the following functions and will work with the existing or• future computer environment: • Use Library's existing staff computers • Ability to read both library RfID and barcodes • Item tagging and conversion for all material formats • Theft detection for all material formats • Self-service checkout and receipt for customers • Item check -in by staff and by automated scanning device • Materials handling system • Shelf reading • Processing holds pull lists and other exception conditions • Inventory data collection The library's goals for a complete RFID and self -check system include: • Allow self -check out for all circulating library materials, recognizing RFID tags and barcodes. • Prevent self -check for reference items and for invalid or "blocked" library cards. • Employ a self -check system that is fool -proof for patron use, such that more than 80% of circulation can be through self -check within three years of introduction. • Self -check stations that are attractive, cost-efficient, durable, and well -designed for public use: • Self -check stations with English and Spanish language options for all formats, including video and audio tape, DVD, book, and CD. • Staff circulation stations that recognize both RFID and barcode labels. • Allowing the public to renew items and pay library fines at self -check stations. • Maintaining collection security —particularly in relation to media items • Employing hand-held inventory devices to store, identify, and forward lists of item IDs to CountyCat for multiple purposes • Make full use of RFID capabilities with inventory control, particularly through the use of hand-held tools for on -shelf item identification. • Work seamlessly with Innovative Interfaces Millennium ILS system • Use tags meeting current ISO, NISO, and other library -specific standards. • Ideally, self -check units would be interoperable with other MCFLS library systems, which include standard barcode systems, and Bibliotheca, 3M and MK Sorting RFID systems. • Software and hardware must be well -designed, durable, and easy to use in all cases. • RFID-enabled book returns should be equipped to check in returned items Page 6 of 22 Oak. Creek Public Library RFJD Request for Proposals • Security gates should be attractive and well -calibrated to correctly identify items that have not been checked out. Error rates (under- or over -reading) should be less than five percent. • The system must conform to all applicable standards and regulatory requirements, including those of. Underwriters laboratories, Americans•with Disabilities Act, local fire codes, SIP2, RS-232, and TCP/IP Ethernet 10/100. • The product(s) must have demonstrated prior successful installations Scope of Services The Oak Creek Public Library is seeking proposals to provide a Radio Frequency Identification (RFID) system for inventory, circulation, and security control for all library resources, including books, serials, compact discs, DVDs, recorded books (compact discs), videocassettes, Playaways and mixed media. Using RFID technology, this system must provide a means for the Library to: inventory library materials; circulate (checkout and check -in) materials; secure materials from theft; and provide a method for library customers to self -check materials. This system must be state of the art using the most current hardware and software available. All components must be off -the -shelf without the need for modification or alteration by the Library. The quantities listed are estimates only and the Library does not agree to purchase the quantities specified. For each System Element proposer must submit both a narrative response and a response to the detailed requirements. The detailed requirements are intended for the protection of the library and vendors by reducing the possibility of misinterpretation of the library's needs. Proposers must respond to every requirement contained in the RFP by putting an "X" in the appropriate box as defined below: Standard (S) Feature, function, product, or service is available as requested and is fully operational using the version proposed, at one or more Library sites. Custom (C) Feature, function, product, or service is available as an add -on to the basic system. In Development / Planned (D) Feature, function, product, or service is in active planning and development. Not available (N) Feature, function product or service is not available, in development, or planned. For any specifications to which the Proposer answers "Custom", Proposer must describe: whether the Library will incur any added cost for the feature, function, product, or service once it becomes available, either as a direct cost of the feature, function, product, or service, or Page 7 of 22 Oak Creek Public Library RFID Request for Proposals because the feature, function, product, or service will require replacement of or addition to hardware or software originally proposed for initial installation. For any specifications to which the Proposer answers "In Development / Planned", Proposer must describe: the feature, function, product, or service being planned or developed, indicating the date after which the function and feature will be available in general release and operation in the system proposed to the Library. Requirements Applicable to Every System Element 1. All hardware and equipment shall be new and manufactured within the past three years; no refurbished, recycled, or repaired equipment will be accepted. 2. All proposed system components must be compatible with Innovative Interfaces, Inc. Millennium and Sierra integrated library systems' latest software versions. 3. All proposed system components must run on Microsoft Windows. 4. Any required changes to our existing hardware, server and computers, must be clearly identified. 5. The first year of maintenance costs for all hardware and software shall be included and based on each individual component's installation date. 6. Costs associated with onsite training and initial technical assistance must be included in the initial price. 7. The proposal must guarantee that the installation of any equipment will be in full compliance with all current federal, state, and local government building and fire statutes, codes, regulations and industry standards. 8. Vendor must provide a guaranteed maintenance call response time and guaranteed maintenance repair or replacement of malfunctioning equipment time. 9. Software patches and service pack release should be supplied at no additional cost. 10. Vendor must work with Innovative Interfaces, Inc. to resolve any RFID ILS functionality problems. Page 8 of 22 Oak Creek Public Library RFID Request for Proposals System Element: Tags The Library seeks a tag that is cost effective, durable, and meets all current national and international standards. The Library will use a standard data model, and prefers AFI security. Because many MCFLS member libraries will continue to use barcode for item check -In and checkout, the Library will continue to barcode items after the conversion to RFID. Narrative Response 1. Describe how your tags meet current national or International standards. 2. Describe and attach a sample of the RFID tags proposed for all material formats. What, if any, other RFID tags supplied by other vendors work with your system? If there are none, are we required to purchase RFID tags or equipment exclusively through you? 3. Describe what data are stored on item tags and the format. 4. Describe your recommended tag solution for media items such as CDs and DVDs, including multi -part Items. 5. Describe the recommended positioning of RFID tags on all types of material formats, including print books and magazines, audiotape, videotape, CDs, MP3 players, and DVDs. Explain any complication resulting from the presence of proprietary Checkpoint tags. Describe security weaknesses, if any, in each type of RFID tag proposed for each type of format. 6. Describe the steps involved in programming an RFID tag for newly -received materials and for existing materials that have barcodes. 7. Describe the interoperability of your tags with other vendor's equipment. 8. Describe your process for replacing defective tags. Detailed Requirements Tags Tag has a read/write design, operates at 13.56MHz and is compliant with ISO 18000-3 Mode 1 Tag data complies with ISO 28560 RFID tag features security that is updated automatically and simultaneously during checkout and turned on automatically and simultaneously during check in, for collection security. Item's complete identification number (such as barcode number) is stored on the RFID tag. RFID tag has portions of memory that can be locked (for item number) and portions that can be re- programmed (branch and/or shelving location code). Tags have a failure rate of less than 1%. RFID tags are available to fit all types of library materials: books, magazines, CD/DVDs, audio books, Playaways, videotapes, etc. S C D N Comments Page 9 of 22 Oak Creek Public Library RFID Request for Proposals Tags are tested for over 100,000 read/write cycles and are guaranteed for the life of the items to which they are applied. Vendor must guarantee no -charge replacement of tags that fail to be programmed. Tag can be placed in/on library material that has an existing radio frequency security without the existing security label being removed and with no impact on readability RFID tags may be covered by a nonmetallic based label so as to conceal its purpose, indicate library ownership and protect the tag from intentional abuse RFID tag may ordered with custom imprinting. The proposed system tags trigger an immediate alarm if an item not charged is read by the detection systems. The proposed system tags are adhesive -backed and one piece (tag and label integrated into one piece) to adhere to library materials without addition of an adhesive cover label. Tags support anti -collision techniques. Tags are not vendor -specific and are available from multiple sources or suppliers. Pricing 70,000 Standard book tags 70,000 Imprinted Standard book tags Price per unit: Total Cost: Price per unit: Total Cost: 16,000 Media tags —give separate pricing for different media options as necessary Price per unit: Total Cost: 16,000 Imprinted Media tags — give separate pricing for different media options as necessary Price per unit: Total Cost: Total Installation Costs: Total delivery costs: Page 10 of 22 Describe any other costs or recommended equipment Describe available maintenance plans and all associated costs. Describe all available quantity discount levels and pricing. Oak Creek Public Library RFID Request for Proposals Other costs: Future cost per tag, if different from above: Other costs & description of costs: Page 11 of 22 Oak Creek Public Library RFID Request for Proposals System Element: Patron Self-service Check-out Station The Library is seeking attractive and efficient self -check stations. The library is seeking proposals for both counter top stations and stand-alone stations. The Library also expects to convert its two 3M V-Series self -check machines to be RFID compatible. Narrative Response 1. Describe and provide illustrations of all steps involved in a check-out and a sample printed receipt. 2. Describe the options for customization of the unit's components: screen, receipt, screen saver. 3. Describe any characteristics of the station that qualify the machine and software as user friendly. 4. Describe any work you have done installing patron self check in a library using III Millennium. 5. Describe the dimensions of both counter top and stand alone units. 6. Describe any options for adding RFID pads for a self -check station created using the Library's own computers, scanners, and printers. 7. Describe the standard multilingual package that is provided with your self -check. 8. Describe how your system performs if the Library ILS is not functioning. 9. Describe any supplies, such as printer paper, needed to operate station. Give typical cost of receipt paper rolls. Are self -check-out supplies available from multiple sources or suppliers? 10. Describe how your system will interface with the Library's current 3M V-Series self - checkout machines. Detailed Requirements Patron Self-service Check-out Station S C D N Station has the ability to read both RFID and barcodes. Station can read other MCFLS member library RFID tags. Patron self-service check-out station has the ability to block patrons that are blocked by the library's ILS. Station permits account inquiries and renewals. Option is available to notify a staff person whenever a patron is blocked in any part of the transaction. Notification is done in the form of a pop-up window that appears on a designated staff computer. Page 12 of 22 Patron self-service check-out station can perform checkout functions and disarm security in one process. Station updates the system in real time and follows all ILS circulation policies. Patron self-service check-out station allows for placement of library items in any orientation. RFID reader has the means to prevent the reading and writing of items beyond 14 inches of the antenna so that nearby tags are not read unintentionally. Patron self-service check-out station can handle items comprised of magnetic media without risk of damage or erasure. Patron self-service check-out station has touch screen operation. Option is available to require patrons to enter PINs on the touch screen in addition to scanning their library cards. Patron has option for printing of receipts at the self-service check-out station. (e.g., option to print no receipt, comprehensive receipt, or individual receipt for each item). Patron has the option for e-mailing of receipts at the self-service check-out station. Patron self-service check-out station has direct interaction with the Library Circulation System through SIP2/NCIP without the need to maintain a separate database. Station provides measures to safeguard customer confidentiality through a time-out feature. Station requires user to indicate when their transactions have been completed and clears current user details before accepting next transaction. Patron self-service check-out station has built-in animated graphics and offers the library the option of using customizable image files and customizable audio files for instructions. Oak Creek Public Library RFID Request for Proposals Page 13 of 22 Oak Creek Public Library RFID Request for Proposals Patron self-service check-out station has the ability to provide customized receipt messages. Patron self-service check-out station's receipt printer has an auto -cutter and uses standard thermal receipt paper available from local suppliers. Stand alone stations have stacking room on both sides of the reader for ease of patron use. Patron self-service check-out station is available with PC and without PC (Le., Library can supply PC). The screen displays item barcode number, title, and due date. The screen displays the total number of items identified so the patron may confirm that no items have been missed. Patron self-service checkout station has an off-line function in the event of a network or automated library system failure. Patron messages appearing on the screen are configurable by staff. Patron self-service check-out station is designed so that all hardware components are easily accessible and replaceable by library staff. Patron self-service check-out station is easily updated by staff with limited technical knowledge or time required. Patron self-service check-out station has an omni-directional bar code scanner for the scanning of bar codes on patron cards and key tags. The patron self-service check-out station is separable from any administrative (staff) station and has the potential to be placed in an area of the library independent of any administrative work areas. Usage of wireless connectivity is possible. Patron self-service check-out station allows patrons to pay fines and fees by credit card Page 14 of 22 or debit card with real time patron record update, within base price of stations. Patron self-service check-out station has :staff administrative override feature that allows a staff member to step in and clear blocks, update patron records, override blocks, view ILS staff screen, etc. without moving to another terminal. Stations will process RFID and barcodes in the same transaction. Stations provide an audio and visual indication that a transaction has been completed. Stations are capable of capable of self -start and self -shutdown according to hours programmed by the Library. Pric n 2 Counter top self -check units 2 3M V-Series Stand-alone self -check unit conversion units Describe any other costs or recommended equipment Oak Creek Public Library RFID Request for Proposals Price per unit: Total Cost: Price per unit: Total Cost: Total Installation Costs: Total delivery costs: Describe available maintenance plans and all associated costs. Other costs: Page 15 of 22 Oak Creek Public Library RFID Request for Proposals System Element: Staff Work Stations The Library is seeking eight staff work stations that can be configured by simply adding an RFID pad to existing equipment. Staff work stations should be able to check in, check out, and program tags. Narrative Response 1. Describe the minimum and recommended specifications for PC's running the system software. 2. Describe the process for programming a tag, including all steps involved. 3. Describe any changes to current library staff hardware to accommodate RFID system. 4. Describe dimensions of RFID pads and how they are connected to Library computers. 5. Describe how your system connects to the III Millennium system. 6. Describe how your system performs if the ILS is not functioning. 7. Describe the process for receiving upgrades, patches, or updates and any costs involved. 8. Describe any work you have done in a library using III Millennium. Detailed Requirements Staff Work Stations SC D N Comments Stations allow for check in, check out, RFID programming, and other regular circulation functions Stations can read barcodes. Stations can read other MCFLS library RFID tags. RFID pads can be mounted under counters, including 1.5 inches of granite Stations will process RFID and barcodes in the same transaction. Stations provide audio and visual indication that a transaction has been completed. Staff station updates system in real time and follows all circulation policies, including notifying staff of circulation blocks or messages. Staff station handles items comprised of magnetic media without risk of damage or erasure: All RFID equipment connects to Library computers through standard connections (USB, serial) RFID pads can be moved from one computer to another without any reprogramming. Staff work stations work with Millennium off line module. Page 16 of 22 Pricin 8 Staff work station RFID pads Describe any other recommended equipment Oak Creek Public Library RFID Request for Proposals Per unit cost: Total cost: Total installation cost: Total delivery cost: Other costs: Describe available maintenance plans and all associated costs. System Element: Security Gates The current Library will have one entrance into and out of the facility. The current entrance will require a two lane entrance and exit security gate. The Library desires a reliable people counter to be incorporated to the gates. it is anticipated that the security gate will be moved to the new Library facility anticipated to be completed in spring 2015. Narrative Response 1. Describe the interaction between the gates, RFID software and the Library's 1LS. 2. Describe the information available to staff following an alarm. 3. Describe the read ranges, read speeds and detection rates for all materials types. 4. Describe any option to include a people counter with the gates. 5. Describe any potential for false alarms and possible sources of interference regarding your gates. Include anticipated error rates. 6. Describe the functionality of gates if the ILS is not operating. 7. Describe the functionality and reporting features of the people counter. 8. Describe any accommodations or system changes required to transfer the security gates from one facility to another. Detailed Requirements Security Gates Gates meet ADA requirements. Gates provide a visual and audio alarm. Visual and audio alarms are customizable by staff. Gates provide a real time report back to designated staff work station showing details of S c D N Page 17 of 22 Oak Creek Public Library RFID Request for Proposals item causing the alarm. People counter can be read remotely. Gates can read other MCFLS library security tags (including tags that are not RFID) Gates are 95% or greater in accuracy. Gates use AFI for security. Pncin¢ 1 two lane gate configuration Describe any other recommended equipment Per unit cost: Total cost: Total installation cost: Total delivery cost: Describe available maintenance plans and all associated costs. Other costs: Page 18 of 22 Oak Creek Public Library RFID Request for Proposals System Element: Conversion Stations The Library will rent 1 conversion station for the period of time (with an option on renting a second conversion station) it takes to tag the collections. The Library will complete the conversion in the open shelves and will not bring items to a staff workstation. Narrative Response 1. Describe conversion stations you have available and detail all pieces of equipment, power needs, and any software used to convert items the new RFID system. 2. Describe the workflow for tagging items at the conversion station. 3. Describe the process by which RFID tags are electronically programmed. 4. Describe the average conversion rate per hour for various formats. Detailed Requirements Conversion Station Conversion station does not require connection to the Library 1LS Conversion station Includes a cart that is easily maneuverable Conversion tagging does not require use of mouse or keyboard Conversion stations can be loaded with a list to enable weeding during conversion Pricin 1 leased conversion stations S Describe any other recommended equipment C D N Per unit cost: Total cost: Total installation cost: Total delivery cost: Other costs: Describe available maintenance plans and all associated costs. Page 19 of 22 Oak Creek Public Library RFID Request for Proposals Inventory Control Units/Portable Readers The Library may acquire inventory control units for staff use to perform various functions throughout all locations. The units will be used to search for and identify items in many different user -defined statuses, including missing, intransit, claims returned, and on hold. Additionally, the Library wishes to use a portable reader to conduct inventories, check shelf order, and perform searches for specific Items. Readers will either have a direct connection to the library catalog or will have downloaded lists for these purposes. Narrative Response 1. Describe how your portable reader interacts with the Library's ILS. Include the process for transferring information from the Library's ILS to the reader and the process for exporting information from the reader. 2. Describe the item data elements that the reader can identify. 3. Describe the response rate for shelf reading. 4. Describe accuracy when materials are kept on metal shelves. 5. Describe the unit itself and address weight, grip, and any ergonomic issues. 6. Describe the minimum read and accuracy rates that you will guarantee. In addition, describe how you will proceed if the Library does not see the guaranteed performance. 7. Describe how the unit is powered and its battery life. Detailed Requirements Inventory Control Units/Portable Readers S CD N Units are capable of wireless operation. Units can operate with a direct connection to the library catalog or through download lists of records. Pricing 1 Inventory Control Unit/Portable Reader Describe any other recommended equipment Per unit cost: Total cost: Total installation cost: Total delivery cost: Describe available maintenance plans and all associated costs. Other costs: Page 20 of 22 Oak Creek Public Library RFID Request for Proposals Project Management The Library seeks bids that show a complete understanding of the complexities of a comprehensive RFID/Self Check system. An important part of a successful bid is a complete project implementation plan, showing steps needed from contract award to final handoff. The Library seeks bids from vendors who have shown the ability to successfully implement large- scale RFID/Self Check systems both on time and on budget. Working with Library staff, the successful vendor will develop a complete project plan clearly delineating all steps in the project. This work may involve the successful vendor working with other vendors. It is expected that this work will be coordinated so that there is no delay in the overall implementation. Narrative Response 1. Describe other projects of similar size and scope your company has completed. 2. Describe tools and techniques to keep the project on schedule and management of delays and unexpected issues. 3. Describe your project team and their roles. 4. Describe your installation plan including a clear distinction between vendor and Library responsibilities. 5. Describe your ongoing plan for communication during the project. 6. Describe your approach to training, including estimated number of hours of training included and training method. Explain training resources available after initial installation. Detailed Reauirements Project Management There will be a single vendor project leader through whom all communication can be coordinated. There will be a recommended project schedule with a timeline. All documentation, including user guides is provided in both hard copy and electronic versions. s C D N Pricin Provide a complete description of what is included in project management. Project Management Total Cost: Page 21 of 22 Oak Creek Public Library RFID Request for Proposals Hybrid Solutions As described above, the Library will be moving into a new facility within 2 years. With this in mind, please respond to the following questions. 1) Will your company help us facilitate the movement and installation of certain pieces of RFID equipment, including security gates and self-service check out stations to the new facility. 2) Has your company participated in a project where you worked with another RFID vendor to furnish an RFID system? For example, a scenario in which your company provided tags and self -check stations, while another company provided the security gates and materials handler system? If so, please describe. If not, would your company consider such a project. 3) Are there components of your system that must be purchased as a set in order to function properly? Conversely, which components will interact with equipment purchased through a second company? Describe any potential technical limitations and/or problems with working under such a scenario to provide a RFID system. Pricing Indicate how pricing for any section of the bid might change based on changes needed due to a hybrid solution being employed. Page 22 of 22 3M Library Systems for Libraries Radio Frequency Identification System Conversion Oak Creek Public Library February 13, 2014 February 12, 2014 Jill Lininger Oak Creek Public Library 8620 S Howell Avenue Oak Creek, WI 53154 • Subject: RFID System Conversion Dear Ms. Uningec Stag required to do more with Tess. This leads to overworked staff and not enough time to assist customers with the services they value most. As an experienced technology partner familiar with your situation and community needs, 3M can help Oak Creek Public library overcome its challenges. Our proposed RFID solution provides your staff, customers and community with the tools necessary to do more with Tess. A testament of our proven solutions and commitment to service can be found by contacting the customer references contained in this bid response. Based on our understanding of your needs, we have distinctive value adds to being your RFID conversion partner, including: • Increase Patronage. Our revolutionary new 3MTM' SeUCheck' Quit:Wonnect Interface airs you to better connect customers with the Oak Creek Public Library and its community. With the help of the Patron Prong and Recommended Reads (via your existing Novelist software), customers are more likely to take advantage of Icy services and events al the Oak Creek Public Library, as well as plan their next reads and visits to your library — all of which drive circulation. And, this is the perfect time to remind your customers of the value adds you provide as they leave your ibrary. • Consortium Experience. 3M has years of proven experience partnering with libraries in the MCFLS. This experience allows 3M to seamlessly cater to many mixed RFID and AMH product environments, as well as tags. The result? Quick and easy customer self checkout and chedcin of materials. • Mpde in the USA. We manufacture our products in America. Meaning you can count on a product tine completely sourced and manufactured at our plant In New Ulm, MN. This slows us total control over our products instead of relying on outside OEMs and third party integrators that control the manufacturing process. • First to ISO Standards. 3M was the fast vendor in the library industry to adapt the ISO standard for our products. This ensures the Oak Creek Public Library and consortium members will reoeive unsurpassed interoperabilly among all your [bray materials from 3M, as well as from othervendors. We look forward to continuing our long-standing partnership with the Oak Creek Public Library staff, customers and community. If you have any questions, please contact your local sales representative Nick Byl at (651) 503-7326 or eibvlemmm.com. Sincerely, Mary Zilles, Bid Manager Lego Movie Give Away! ni R,,r , 00 Fh.rvn Table of Contents Tab 1 Tab 2 Tab 3 Tab 4 Tab 5 • Tab 6 Executive Summary References Recommended Solution Scope of Services • Requirements Applicable to Every System Element • Tags • Patron Self-service Check-out Stations • Staff Work Stations • Security Gates • Conversion Stations • Inventory Control Units/Portable Readers • Project Management • Hybrid Solutions Contacts Attachments Executive Summary The Oak Creek Public Library will greatly improve self -checkout rates, security and collection management via 3M Library Systems' creative, cost-effective and proven RFID solution. The Challenge The Oak Creek Public Library is currently looking to upgrade its RFID system to a more advanced RFID technology. Such legacy systems can lead to customer sell -service challenges and additional staff involvement in the self -checkout process. Finding a solution to such challenges involves sourcing the right partner. A well -established partner in the library industry with vast experience converting Electromagnetic Strip systems to an integrated RFID system. And, one that has a full suite of proven RFID products that will grow with the changing needs of staff and customers. That partner is 311,1 Library Systems. Solution Overview Ensuring creative solutions that help Oak Creek Public Library staff do more with less. That is 3M Library Systems' promise to you. Our proposed RFID System solution provides a creative, cost- effective and proven RFID solution to greatly improve self -checkout rates, security and collection management. 3M's vast experience converting Electromagnetic Strip systems to an integrated RFID system ensures a successful conversion to the latest in library systems technology. Our proposed solution Includes a variety of offerings — from patron self-service and staff productivity solutions to a full suite of security options. In addition, we provide exceptional service quality. Our proven service support will exceed your service and maintenance needs with the help of our local technicians in and around the Oak Creek Public Library area. These proven technicians are available for onsite service and equipment maintenance when needed. 1 Your Partner for Success 3M Library Systems offers the Oak Creek Public Library a creative, cost-effective and proven solution to its proposed RFID system needs. Our goal is to tailor our solution to the specific needs of your library. This is accomplished via our unique project approach, which includes a thorough assessment of your entire library. The result is a detailed roadmap that includes appropriate product quantities and placement— ensuring greatly improved self- checkout rates, security and collection management. In addition, we specialize in change management services to make sure your Oak Creek Public library staff are comfortable with new system components and their expanded roles helping customers with the services they value most. Project Approach 1. Finalize guanines and types of equipment we will implement, 2. Cctermine whereto p'ace equpmeni — maximizing usage. 3, Identity technical physic2!. staffing or other constraints to ensure smooth implementation. We backup our commitment to Oak Creek Public Library customer excellence with unsurpassed service and maintenance via our large nationwide team of onsite technicians and phone tech support. AU our technical support personnel are specifically trained on 3M products. This ensures everyone you talk to can assist, troubleshoot and fix your issues when needed. 2 3N1 Library Systems: The Right Choice 3M Library Systems is committed to helping Oak Creek Public Library greatly improve seff-checkout rates, security and collection management. We offer the Oak Creek Public Library nearly half a century of proven library - specific technology solutions. This experience reinforces our commitment to providing exceptional RFID solutions, as well as customer service throughout the implementation tifecycle and beyond. As our customer references will attest, we provide RFID products and solutions that meet and exceed the needs of staff and customers. And, our RFID System solutions are flexible so you can modify your system as staff and customer needs change. fo i.(!(i(1 Johnsen pour', LIbr::5,K5 The enclosed bid response details 3M Library Systems' dedication to providing the Oak Creek Public Library with a creative, cost-effective and proven RFID solution that is easy to use for both your staff and customers. 3 Reference Cudahy Family Library, WI RFID Project Library Overview The Cudahy Family Library is located in Cudahy, Wisconsin and serves a population of more than 18,000. Integrated Library System Millennium CountyCat Collection Size Annual Collection: 239,562 Item Collection: 100,000 Contact(s) Rebecca Roepke 3500 Library Drive Cudahy, WI 53110 414-769-2246 Rebecca.Roeoke1mcfls.orq Project Description do 2012, the Cudahy Family Library initiated a project to convert their legacy RFID system to an ISO compliant system. The Library's goal was to increase patron services while maintaining operating costs. After evaluating the systems offered by several vendors, the library committee selected 3M Library Systems as having the best RFID solution to meet their needs. Library staff tagged their collection using the 3M Conversion Station and implementation of 3M RFID equipment soon followed. The equipment we installed included one 9102 Detection System; three R-Series Tabletop SelfCheckm units, for patron self -checkout; and five Staff Workstations. We completed the library's conversion to 3M RFID in September 2013, Staff at the Cudahy Family Library are very satisfied with their new system and level of service they have received from 3M. The library has recognized several benefits since the installation: Such benefits include leveraging their 3M SelfCheckN System units for patron self -checkout, In addition, routine tasks have been automated and staff efficiency improved — providing more time for staff to better serve patrons with the services they value most. 4 Reference Wauwatosa Public Library, WI RFID Project Library Overview The Wauwatosa Public Library is located in Wauwatosa, Wisconsin and serves a population of approximately 50,000. Integrated Library System Millennium Circulation/Collection Size Annual Circulation: 840,000 Item Collection: 230,000 Contact Mary Murphy, Director (414) 471-8487 rnarv.murohylarincfls.oro Project Description The Wauwatosa Public Library needed to improve their collection management while experiencing staff reductions. After investigating RFID technology, the library selected 3M Library Systems as having the best RFID solution to meet their needs. The library purchased 3M SetfCheckTM System units, Pad Staff Workstations, Detection Systems, Digital Ubrary Assistants and C-series book returns. To ensure a successful implementation of equipment that would help the library meet its goals, we not only provided leading RFID equipment, but also provided several key services. Our team worked with the library to design placement of SetfCheckm System units for optimized use. We also developed and managed a project implementation plan that included an implementation schedule and an approach to best convert the library's current and ongoing collection. The Wauwatosa library staff is pleased with their more than 80 percent self check rate, as well as how easy the 3M RFID System is to use — for staff and patrons. Additionally, with the combined use of their Digital Ubrary Assistant and C-Series, staff is experiencing significant improvements in quickly and correctly getting items back on the shelf. 5 Reference Elmhurst Public Library, IL RFID and AMH Project Library Overview The Elmhurst Public Lbrary is located in Elmhurst, Illinois and serves a population of more than 44,000. Integrated Library System Millennium Circulation/Collection Size Annual Circulation: 1.5 million Item Collection: 245,000 Contact Mary Beth Campe 630-279-8696 marvbeth campelmhurst.orq Project Description In 2012 the Elmhurst Public Library initiated a project to convert their legacy RFID system to an ISO compliant system. The Library's goal was to increase patron services while maintaining operating costs. After evaluating the systems offered by several different vendors, the library selected 3M Library Systems as having the best RFID and AMH solution to meet their needs. The conversion to 3M RFID and Automated Materials Handling was completed in August of 2012. Library staff tagged their collection using the 3M Conversion Station and the implementation of 3M RFID equipment soon followed. The equipment we installed included Detection Systems; R-Series SelfCheckTM units, for patron self - checkout; and Staff Workstation. The 3M Intelligent Retum and Sorter System (AMH) was installed in a 9-bin system configuration that included two patron induction points and one staff induction point. The Elmhurst Public Library is very satisfied with their new system and has recognized several benefits since the installation. The library now leverages their 3M intelligent Retum and Sorter System for item returns and a bank of 3M SetfCheckTM units for patron self -checkout. Through these changes, routine tasks have been automated and staff efficiency improved — providing more time for staff to better serve patrons. 6 Reference Skokie Public Library, IL RFID and AMH Project Library Overview The Skokie Pubic Library is located in Skokie, Illinois and Serves a population of approximately 64,000. Integrated Library System Millennium Circulation 1 Collection Size Annual Circulation: 2,176,819 Item Collection: 534,645 Contact(s) Eileen Coulombe, Assistant Head of Circulation (847) 324-3180 ecoulombeerskokielibrarvinfo Tobi Oberman , Head of Circulation (847) 324-3123 toberman rRskokielibrarv.info Project Description In 2011, the Skokie Public Library initiated a project to convert from their Checkpoint (pre -ISO) RFID system to an ISO compliant system. The library's goal was to increase patron services while maintaining operating costs. After evaluating the systems offered by several vendors, the ibrary selected 3M Library Systems as having the best RFID and AMH solutions to meet their needs. The conversion to 3M RFID and AMH solutions was completed in August of 2011. Library staff tagged their collection using the 3M Conversion Station and the implementation of 3M RFID equipment soon followed. The equipment we installed included Detection Systems, R-Series SelfChecI System units for patron self - checkout, and Digital Library Assistants for collection management. The 3M Intelligent Return and Sorter System (AMH) was installed in an 11-bin system configuration that included two patron induction points and one staff induction point. In 2013, the library installed the newest version of the 3M Integrated Disc Media Unlocker to further enhance security for their multimedia collection. The Skokie Pubic Library is very satisfied with their RFID and AMH system and has recognized several benefits since the installation. The library now leverages their 3M Intelligent Retum and Sorter System for item returns and a bank of 3M SelfCheckm System units for patron self -checkout. Through these changes, routine tasks have been automated and staff can now better serve their Patrons. In Addition, library staff are very impressed with the enhanced security the new 3M Integrated Disc Media Unlocker provides and Its ease of use for patrons. 7 Recommended Solution Per your RFP requirements, the following pages outing the products and services we proposed for your library's unique needs. Patron SelfService Solutions 3MTMSelfCheckTM QuickConnect Interface $1' Easyasi,2,3 Amazing user interface. Patron Promos. Recommended Reads. The new 3MTM SelfCheckN QuickConnect Interface has everything you need to get customers to return to your library. Our new Interface offers numerous new on -screen features that encourage customer discovery and increase circulation. Increase return visits Drive circutetion and watch your community bloom with innovative features, such as: • Powerful last point of customer contact • Intuitive interface design • Patron Promos • Recommended Reads • Real time reporting suMMrR READING CLUB Control your library experience With the new System Manager, staff customize the user Interface quicker and easier than before. Rextbility ranges horn dozens of customizable templates and design choices to choosing what features and functions work best for your library. And, you can manage functionality and reporting features from your PC or tablet 8 Customer focused 3M Library Systems conducted extensive Human Factors Science research to determine how customers use touch screens —from process initiation to completion. Such research resulted in a light touch screen that mimics that of a mobile device with easy -to - understand graphics, prompts and instructions. Quick Checkout Checking out materials is easier than ever. The 3M" SelfCheck"' QuickConnect Interface walks the customer through the checkout process step by step. And, streamlined features speed up selfservice times by requiring fewer steps and less staff support. Recommended Reads Increase circulation through readers advisory at the checkout. • Help customers plan next visits • Based on the materials being checked out • Powered by Novelist® Select Patron Promos Create awareness and captivate your community. • Customize on -screen banners • Raise awareness of programs • Increase event attendance 9 3M SelfCheckTM System The 3M R-Series SelfChec kTM System emulates the procedures that librarians use to process materials. Customers interact with the system using a 3M TouchSystemsTM LCD touch screen, which displays easy -to -understand instructions. Audible and visual feedback then leads customers through every step of the process. This ease of use is why 90% of customers who use a 3M SelfCheck"' for the first time are able to successfully checkout items on their own — without the need for any staff intervention. And, it is why many libraries in your area have achieved such high usage rates with our SelfCheckTM System. Features: • Delivers high usage • Contemporary design • Flexible configuration 3M R-Series SeliChec CTM Systems are highly flexible and come in a variety of form factors. These systems also provide a variety of options that help you optimize the system for use in your ibrary. Examples of this flexibility include the ability to: • Process items with barcodes and RFID tags in the same circulation transaction « Simultaneously process multiple RFID-tagged item • Customize graphics, test and receipts • Includes 53 available languages • Work when your ILS or network are down • Be deployed for checkout or check -in • Use 3M supplied furniture or your own These features are just a few of the reasons why our R-Series SelfCheckTM System units have been so successful at enabling libraries to achieve the high rates of self-service they are seeking for their RFID projects. We propose using the 3M Desktop and V-Series Wedge with the Windows 7 upgrade kit, Detailed information follows: Desktop Components Our flexible Desktop Components configuration gives you a 3M SetfCheckTM System solution that provides you with all of the power of our R-Series SelfCheckTM System platform — all at a great value. Its flexible design means that you can place the system on a tabletop, countertop, or you can even build It kito your library's cabinetry. 10 V-Series to R-Series Insert Upgrade As a valued customer, 3M Library Systems understands your desire to continually meet the changing needs of your customers and community. That is why we propose a number of upgrade options for your existing SelfCheckm System units. These options include a Windows 7 Refresh Kit with PC for SelfCheckw Systems that currently use Microsoft Window XP or Vista, 19 inch Touch Screen Monitors, Optical Scanners, and kits that include a wedge to turn the 'V' In your existing SelfCheck"' System units into a flat processing surface. To support the change to the center mount optical scanner, 3M is strongly recommending the installation of the V to R wedge insert shown below. The wedge will be an important part of the scanner upgrade because the flat surface is less sensitive to barcode placement. The flat surface lets you easily shift books with variable barcode placements. This solution provides your existing V-Series SelfCheckTM systems with a hardware and software upgrade that will enable customers to checkout items using a flat processing surface for both RFID and barcode environments. Fines and Fees Fines and fees self-service processing is an important element to obtaining high usage rates, as well as reducing the amount of time staff spends on item processing. That is why we suggest the 3M Fines and Fees system as an optional component to your self -checkout system decision. Our Fines and Fees are an integrated payment system that utilizes the intuitive user interface of the 3M SelfCheckTM System. This user interface was developed in conjunction with the 3M Human Factors Engineering Department to maximize first-time user success. And, the system doesn't require the customer to initiate a separate session to complete a payment transaction. We propose our Basic Fines and Fees option described below: • Basic Fines and Fees: This option gives your customer the ability to pay fines and fees using credit card or debit card at the SetfCheckTM System unit. 3M also includes a credit card reader and merchant bank connectivity software with this option. 11 Staff Productivity Solutions 3M Command Center As an optional solution, we offer 3M Command Center software. This ties your entire solution together, giving staff a single, integrated interface for managing your RFID system. This software gives your staff the ability to access a variety of functions in real- time, including: • Detailed Statistics. The tool will let your library staff chart usage of all of the 3M security and self-service equipment used at the Oak Creek Public Library; provide detailed item, customer, and financial reports; can aggregate these statistics using a variety of time intervals (e.g. daily, weeldy, monthly, annually); and even pull incoming and outgoing customer counts. • Device Status, The device status tool uses real-time dashboards with intuitive green/yellow/red status indicators to alert your staff to changes in device status, and it even monitors Individual 3M hardware components, so that the specific cause of a problem is flagged in real-time such as an out of paper indicator. • Configuration. With the configuration tool staff can duplicate the configuration of one 3M device and then push it out to all like devices on your network. By giving Oak Creek Public Library staff access to these tools, we help save your staff valuable time and effort in managing the system and help to improve the satisfaction of your customers by making it easy to optimize the perfromance of your equipment. Staff Workstation The 3M Pad Staff Workstation is a highly versatile system. It is dual functional, capable of processing both barcodes and RFID tags in the same circulation transaction, which allows libraries to gradually migrate to RFID. Our Pad Staff Workstation has a design that enables it to work with any ILS. It features a unique tapered and textured RFID reader pad made by 3M, This enables staff to simply slide materials on and off the pad for processing, improving ergonomics by reducing the need to lift materials. You can also use the 3M Pad Staff Workstation as a tag conversion station because it contains the full suite of application software needed to perform this function. The capability of tagging more than 200 items per hour enables your staff to easily tag new acquisitions and any items not tagged during the initial conversion — avoiding the expense of having to purchase dedicated conversion stations for ongoing use. Features: • Single system manages your 3M RFID solution • Manage system remotely • Provides detailed statistics Features: • Ergonomic design • includes conversion software at no extra cost 12 Digital Library Assistant The 3M Digital Library Assistant (DLA) is a cordless, lightweight, hand-held RFID reader that greatly simplifies many valuable collection and shelf management tasks. More importantly, 3M designed it with features that make it effective in real -world settings. One example of this is the antenna of the DLA, which gives it the ability to reliably read items that are four to five inches away enabling Library staff to perform collection management tasks while slowly walking by a sheff of materials. This is In contrast to a device that uses an underpowered antenna. These can require the antenna to be nearly touching an Item to reliably read a tag on it, Staff trying to complete collection management tasks with such a device may be slowed to a crawl as they have to stop at virtually every item on a shelf. Using the DLA your staff could slowly walk by a shelf of materials and be notified through audio and visual cues whenever the device detects an item that is out of place or that needs to be removed for weeding. The ability of the DLA to easily perform several tasks simultaneously means that you can now perform tasks that might otherwise be too difficult or time consuming to do because of the tremendous labor involved. Tasks that your staff can accomplish while using the DLA include: • Identify Status of Library Materials • Shelf -Reading • Shelving Assistance • Searching • Collection of Data • Pulling Items • Finding Items Features: • Can perform multiple tasks simultaneously • Ergonomicdesign The Digital Data Manager comes with the DLA. This software and a memory card reader that accepts information downloaded from your circulation database and writes it to a memory card, which you Toad into the DLA. This enables your staff to perform shelf -reading, item searching, weeding, and other tasks in the stacks without the need for a live connection to your ILS. This eliminates paper reports, running back and forth between a circulation system terminal and problems caused by poor wireless connections — maximizing staff productivity. 13 Security Solutions Detection Systems The 3M RFID Detection System utilizes the latest RFID technology to provide enhanced detection performance to help secure valuable library materials that have been marked with 3M RFID tags. The system features a contemporary, clear design and It is the newest addition to 3M's family of RFID detection systems. Features of our detection system include: • Ability to be placed in closer proximity to metal (such as metal doorframes) than other high-performance RFID security gate designs • Can configure system to alarm only when customers are exiting the library with materials that have not been checked out, reducing false alarms • Adjustable audio alarms and visual alarms that can display a range of colors • Ability to operate even when your ILS or network are down • Ability to identify those items that have been removed from your library without having been properly checked out • Directional customer counters that provide accurate counts of customer visits When used with optional 3M Command Center software, our detection system enables Oak Creek Public Library staff to receive pop -alerts when the gates alarm. In addition, this software can remotely monitor the operational status of these gates, pull customer count information, and run reports that identify what items were removed from a library without being properly checked out. And, staff can do this for any or all the systems used at your library regardless of their location. Features: • Reduced false alarms • More tolerant of metal In the environment • Continues to operate when network is down 14 Features: • Easy to use and rapidly converts items • Confirms tags properly programmed • Can weed and Inventory weed" list and inventory the items tags on items you plan to remove Features: • Optimized for Library use • High performance • Options for Disc Media Conversion Stations Monthly rental of a 3M Conversion Station is a great way to quickly convert all the materials In your collection to RFID. It features a touch -screen, optical barcode scanner, RFID reader and automated tag dispenser — all in a self-contained mobile workstation. Thanks to its mobility and ability to operate without a connection to your ILS, your staff can use it right in the stacks of your library. When your staff operates our conversion station, they will find it to be fast and reliable. The unit automatically dispenses RFID tags and after an item's barcode has been read, it rapidly programs the dispensed tag. Then it immediately reads the newly programmed RFID tag to confirm that the tag has been programmed properly and confirms this with the operator through audio and visual prompts. The 3M Conversion Station also features a large, level work surface that makes it easy to stage, scan, and program materials. With this powerful conversion station many of our customers have discovered that they can convert more than 500 items per hour for a sustained period, and some have reported speeds of nearly 1,000 items per hour — resulting in an impressively low 'applied tag' cost. In addition to its speed, the 3M Conversion Station has the ability to identify items on your' you convert as part of the conversion process. This saves you time and the cost of placing from your collection. RFID Tags The 3M ISO RFID tag is a 50mm x50mm ISO15693-3 and 18000-3 Mode 1 compliant tag that has a 1,024 bit memory chip that can contain unique information about the items they identity. These tags can be efficiently applied to library materials and enable the many benefits that are provided by the other components of the 3M RFID System. Tags form the foundation of your RFID system, which is why we offer RFID tags that deliver great performance and reliability in a library environment. When the RF signal emitted by an RF tag passes through an object its frequency can be altered, negatively impacting the tag's performance. This is why we optimize our tag and its antenna to perform well when placed inside of typical library materials, such as hardcover books. This optimization is why our tags can outperform those primarily designed for non - library applications — even larger 2" x 3" tags. Our team also performs testing to ensure that the tags we source will provide strong performance even after years of service. As evidence that the RFID tags we provide you meet our high standards of quality and performance, the 3M logo is incorporated into the inlay of every RFID book tag we sell. This way, you can feel confident that 3M is not simply buying a cheap RFID tag of unknown quality on the spot market when we fulfill your order. 15 Multi -medic Disc Security 3M offers a variety of tagging options for your optical disc media. One path you can choose is to place our ISO book tags on the media cases. However, we also have RFID hub tags specifically designed for placement on optical disc media. Our hub markers enable collection management activities such as self -checkout and the use of our sets feature. This feature helps identify when discs are missing from their cases, which can significantly reduce the need for your staff to open cases upon return. If disc media security is a concem for your library, then we recommend our optional RFID full -disc tags. These tags offer significantly improved performance over traditional hub markers in detection systems. By tagging your CD and DVD collection with our full -disc tags, you no longer have to use cumbersome locking cases for multi -media — saving customers time and hassle at checkout. And, the new thinner design of this tag makes it less likely to jam in slot loading CD and DVD players. 16 Service Solutions 3M Library Systems offers Oak Creek Public Library a variety of options for the ongoing service and support of our 3M RFID systems. We have included several of these options in our proposal response. In addition, we provided a detailed description of each of these offerings below. Traditional 'FuII•Service - You can place service calls via our toll free number and a live operator answers these calls 24 hours per day, seven days a week. They will then log the problem and forward it to the appropriate 3M personnel. As a first step, they will typically forward your problem to our Software Support team, which is available from 7:00 a.m. to 6:00 p.m. CST, Monday through Friday. This team is staffed by experienced 3M Library Systems personnel and they can help determine whether your problem Is related to the system's hardware or software - and then begin corrective action. If onsite service of the equipment is needed, your Library will be contacted by one of our local service technicians within four business hours of call placement. The onsite response to a service request will be ten business hours or less from call receipt. Onsite service is available from 8:00 A.M. to 5:00 P.M., Monday through Friday, local time. Shared Service - Shared Service is a support model option that we offer for our 3M SelfChecklm Systems. Under this service model Library personnel perform some simple support tasks, which can reduce the need for onsite service by our field - service technicians. This type of service model is similar to what many other vendors provide libraries as their standard service program. With a Shared Service plan when a staff person notices a problem with a 3M SelfChecklw they would contact someone that your Library has identified as being responsible for providing shared support. This person would then perform a basic assessment to ascertain the potential source of the problem and then contact us using the toll -free support line. If we determine that the problem lies with an easily replaceable component (e.g. a dead monitor or a broken receipt printer), we would send your library a replacement via overnight delivery for installation by library personnel. However, our field -service personnel would continue to provide onsite service for more complex hardware problems. With this service model you still receive the same support for software related problems as you would under our standard support program including software updates. Depot Repair - This option provides service for the 3M Pad Staff Workstation and Digital Library Assistant (DLA) devices. With this service model you still receive the same toll -free support as our traditional service offering, which includes software support and provides you with free software updates. The only difference with this service option is that if we determine that the likely cause of a problem you are experiencing is hardware related, we would ship you replacement hardware instead of sending a field service technician to your site. We utilize this service plan for staff stations and conversion kits. 17 Scope of Services Requirements Applicable to Every System Element 1. All hardware and equipment shall be new and manufactured within the past three years; no refurbished, recycled, or repaired equipment will be accepted. Yes 2. All proposed system components must be compatible with Innovative Interfaces, Inc. Millennium and Siena integrated library systems' latest software versions. Yes 3M Library Systems has successfully implemented similar RFID solutions with our long-time ILS partner Innovative Interfaces at libraries throughout the country. Our status as a strategic partner with Innovative Interfaces is just one example of how we work closely with ILS vendors. Through this relationship, we have worked closely on product development and as a result of these efforts can offer products that feature direct integration. 3. All proposed system components must run on Microsoft Windows. Yes 4. Any required changes to our existing hardware, server and computers, must be clearly identified. • Yes 5. The first year of maintenance costs for all hardware and software shall be included and based on each individual components installation date. Yes 6. Costs associated with onsite training and Initial technical assistance must be included In the initial price. Yes 7. The proposal must guarantee that the installation of any equipment will be in full compliance with all current federal, state, and local government building and fire statutes, codes, regulations and industry standards. Yes 18 8. Vendor must provide a guaranteed maintenance call response time and guaranteed maintenance repair or replacement of malfunctioning equipment time. Yes 3M Library Systems views service as an integral part of our business. We have a multi -level approach which will provide a comprehensive and responsive service plan to support your library. 3M will provide upon request results of an annual customer service satisfaction survey demonstrating our service is deemed satisfactory by a minimum of 90% of respondents. The levels of support are described below: Onsite Field Based Service Technicians. 3M Service has nationwide coverage. DecisionOne is the authorized service provider for 3M Library Systems in the U.S. Calls for service are dispatched from the Twin Cities, in Minnesota. Service requests can be placed 24/7 via toll free number or via the 3M web site. Onslte service is available from 8:00 A.M. to 5:00 P.M., Monday through Friday, local time. The Oak Creek Public Library is in our service zone 1, which has an 8 hours or less response time goal. Ali Field Service Technicians are 3M factory trained and certified. Over 80% of all service requests are resolved during the first call. Software Support Team. The 3M Software Support help desk team is located at 3M in S1. Paul, and is available from 7:00 a,m. to 6:00 p.m. CST, Monday through Friday, via toll free number. The 3M Software support team has experienced technicians available immediately to answer calls for remote assistance with hardware or software. The 3M software support team uses a powerful remote management software tool Kaseya. This tool allows our software support Team to remotely deliver software updates, and identify, diagnose and repair problems. Kaseya provides a non intrusive, non invasive and seamless service mechanism. It does not require any input ports opened on client machines, allowing it to work in your network configuration without introducing susceptibility to inbound pat probes or network attacks. Kaseya communications is encrypted and is based on a secure logon process. Technical Service Engineering Team. 3M has a staff of Technical Service Engineers in St. Paul who are product experts and are not only involved in supporting our products, but have participated as key members of the development teams. They also have direct access to the product developers, who are located in the same budding. The Technical Service Team is a resource for your staff, as well as the Field Technicians, and Software Support Team. 9. Software patches and service pack release should be supplied at no additional cost. Yes 10. Vendor must work with Innovative Interfaces, Inc. to resolve any RFID ILS functionality problems. Yes 19 System Element: Tags The Library seeks a tag that is cost effective, durable, and meets all current national and intemational standards. The Library will use a standard data model, and prefers AFI security. Because many MCFLS member libraries will continue to use barcode for item check -in and checkout, the Library will continue to barcode Items after the conversion to RFID. Narrative Response 1. Describe how your tags meet current national or international standards. 3M uses a few different suppliers to manufacture the RFID tags that we provide to libraries. The specific supplier that we use is dependent on the type of RFID tag that your Library chooses. For example, we have different suppliers for various sizes of book tags and we also market the popular Stingray Full Disc RFID tag from UPM. Each of the tags we supply uses an NXP (CODE IC chip, which is 1S018000-3 Mode 1 compliant. Because of their superior performance and reliability, we strongly recommend the use of 3M RFID tags with our RFID equipment. However other tags are compatible, If they are ISO 18000-3 Mode 1 compliant. 2. Describe and attach a sample of the RFID tags proposed for all material formats. What, if any, other RFID tags supplied by other vendors work with your system? If there are none, are we required to purchase RFID tags or equipment exclusively through you? See the attached samples and spec sheets for the proposed 3M RFID tags. These tags and hardware are fully compatible with the IS018000-3 Mode one standard; thus, compatible tags can be purchased from other suppliers. 3. Describe what data are stored on item tags and the format The 3M Conversion software can store the following Data Objects on the tag using the IS0 28560 data model. • Primary Item ID • Tag Content Key • 0wner Library • Set Info • ONIX Media Format • AFI security status We recommend that the library use either the 3M data model, or the ISO 28560-2 model that is recommended for use in the U.S. Several other Data Objects not listed here are defined in the U.S, Profile as optional and are available with our Conversion Software. 3M will consult with you before you tag your items to help you decide if they would be benefiaai to use. 4. Describe your recommended tag solution for media Items such as CDs and DVDs, including multi -part items. Our full -disc overlay RFID tag is recommend for tagging your collection's CDs and DVDs. For multi -part AV items there are several options that can be used. Option 1— Use the 3M full -disc overlay RFID tag to tag one disc. 20 Option 2 - Choose the standard RFID book tag to tag the outside of the case under the sflp cover top or bottom comer near the spine. Also, you may use this method for double sided DVDs. Option 3 — Use both option 1 and 2 using the 3M sets feature. For multi disc sets, it is recommended to tag only one disc. 5. Describe the recommended positioning of RFID tags on all types of material formats, including print books and magazines, audiotape, videotape, CDs, MP3 players, and DVDs. Explain any complication resulting from the presence of proprietary Checkpoint tags. Describe security weaknesses, if any, in each type of RFID tag proposed for each type of format. The recommended placement of tags in print media is on the inside back cover near the spine in an altemating sequence of low medium and high. Please see question 4 above for DVD recommendations. 3M does offer a tag designed for rotating optical media. The standard 3M ISO RFID tag can be affixed directly to books, videocassettes, the cases for audiocassettes, and other materials. ISO standard RFID tags should be placed at feast 1/2' away from a proprietary Checkpoint tag. The RFID tag is not especially covert. RFID lags are normally placed on the inside cover of a book, and either on the hub of a CD/DVD or inside the case. It is possible that someone with malicious intent could damage the tag or rip it out of the item. Also, because of the nature of RFID technology, tags can be shielded from detection by metaitic material or foil. The following MCFLS member public libraries are current 3M Library Systems RFID customers: - Cudahy - Oak Creek - Franklin St. Francis - Greendale - North Shore - Wauwatosa - Brown Deer - West Allis - South Milwaukee 6. Describe the steps involved in programming an RFID tag for newly -received materials and for existing materials that have barcodes. 3M Conversion Station. Our conversion station is designed specifically for use by staff for high speed tagging of existing materials in the library's collection. The 3M RFID Conversion Station is completely self-contained in a wheeled cabaret and designed to facilitate the efficient application of the 3M RFID tags to library materials. The system includes a touch screen Monitor, PC, 3M Conversion Software, barcode scanner, and automatic tag dispenser. This conversion station can dispense and program tags as fast as a staff person can apply them, so the conversion station itself is not a limiting factor to speed. 3M Pad Staff Workstation. Our workstation enables ongoing new item acquisition tagging and conversation al the staff desk and allows you to convert Items using your staff workstation and comes with a manual dispenser. As items .are checked in, the 3M Pad Staff Workstations can be used to convert items before they are re -shelved. 21 3M Mobile Conversion Kit. This kit is designed specifically for mobile conversion. The 3M USB powered RFID reader integrates with our conversion software that is installed on your library supplied PC ornet book and would also leverage your bar code scanner. This mobile solution is battery powered from your PC or notebook. 3M Conversion Software. Our software is the same for each of the systems described above. The user interface is very easy to use and does not require mouse clicks or screen taps between items. Should you select 3M, our team will work with you to select the best system combination to meet your needs. RFID Tags can be applied to library materials using a simple process: The item barcode is placed under the barcode scan line and the system will read the item ID. An RFID Tag is dispensed and placed into the read/write zone by the operator, The item ID, media type, and other library specific information are automatically transferred into the memory of the tag as the operator applies the tag near the spine of the book inside the back cover. A green status box will show when a tag has been programmed successfully, and it will play a unique beep sound indicating it's ready to do the next tag. No mouse clicks or screen taps are required. The operator simply scans the next item barcode, removes a new tag from the tag dispenser, and applies it to the Item for programming. A red status box will show if a tag has not been programmed successfully, and a unique buzz sound will play indicating the operator should try again. The 3M Conversion Software keeps two counters. One can be used by staff to show how many items they have converted during their session, and one can be used by the library to show how many items have been converted by the system overall, And, our Conversion Software can use search lists, which will alert staff when an item is found on any search list. Lists such as lost items, missing Items, or items to weed, can be loaded as search lists. 7, Describe the interoperabtlity of your tags with other vendor's equipment. As the first library vendor to adopt the ISO standard, we have years of experience offering unsurpassed interoperabllity by complying with ISO standards, as well as working seamlessly with ISO compliant systems from other vendors. The proposed 3M RFID tags are ISO 18000-3 mode one compliant and fully interoperable with other vendor's equipment that is also ISO 18000-3 mode one compliant. 8. Describe your process for replacing defective tags. 3M RFID tags are guaranteed for the Ede of the item to which they are originally affixed. In the unlikely event a 3M RFID tag is found to be defective, we'll replace it free provided that you've applied the tag within the shelf -life published in the product specification. During the manufacturing process, the 3M ISO RFID tags are 100% inspected to verify data can be written and read from each tag. Additional samples are taken from each lot of tags produced to verify appropriate read range, adhesive characteristics and frequency response. Defective tags are not removed from the roll but because each and every tag is tested, we ensure each roll has 1000 good tags. The tag yields are excellent and each roll should have very few tags that fail. Defective tags are marked with a visible black mark to indicate to the operator that the tag should not be used. 22 Detailed Requirements Taps Tag has a read/write design, operates at 13.56MHz and is compliant with IS018000-3 Mode 1. Tag data complies with ISO 28560. RFID tag features security that is updated automatically and simultaneously during checkout and tumed on automatically and simultaneously during check in, for collection security. Tags have a failure rate of less than 1%. Item's complete identification number (such as barcode number) is stored on the RFID tag. RFID tag has portions of memory that can be locked (for item number) and portions that can be re -programmed (branch and/or shelving location code). RFID tags are available to fit all types of library materials: books, magazines, CDIDVDs, audio books, Playaways, videotapes, etc. Tags are tested for over 100,000 read/write cycles and are guaranteed for the life of the items to which they are applied. Vendor must guarantee no -charge replacement of tags that fail to be programmed. Tag can be placed in/on library material that has an existing radio frequency security without the existing security label being removed and with no impact on readability. RFID tags may be covered by a nonmetallic based label so as to conceal its purpose, indicate library ownership and protect the tag from intentional abuse. RFID tag may be ordered with custom imprinting. The proposed system tags trigger an immediate alarm if an item not charged is read by the detection systems. S C D N Comments ❑ ❑ 0 ® ❑ ❑ ❑ ®❑❑❑ ®❑ ❑ ®❑❑❑ 0 ❑ ❑ ❑ El ❑ ❑ ❑ ❑❑❑ 10 ❑ 0 ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ 0000 ❑ ❑ ❑ 23 The proposed system tags are adhesive -backed and one piece (tag and label integrated into one piece) to adhere to library materials without addition of an adhesive cover label. Tags support anti-coMsion techniques. Tags are not vendor -specific and are available from multiple sources or suppliers. ® ❑ ❑ ❑ ❑ ❑ ❑ El ❑❑ 24 Taa Pricinq 72,000 Standard Book Tags 3M ISO RFID Book Tag 50mm x 50mm (sold in cases of 6,000 tags) 72,000 Imprinted Standard Book Tags 3M ISO RFID Book Tag 50mm x 50mm — B&W Custom Printed — (sold in cases of 6,000 fags) (minimum order requirement=12,000 tags) 13,000 Media tags — Give separate pricing for different media options as necessary 3M ISO RFID Hub Tag for Disc Media (sold in cases of 4,000 tags) 3M ISO RFID Full Disc Media Tag (sold in cases of 1,000 tags) 13,000 Imprinted Media Tags — Give separate pricing for different media options as necessary 3M ISO RFID Hub Tag for Disc Media — Custom Print (sold in cases of 4,000 tags) (minimum order requirement = 12,000 tags) Price Per Unit: $0.1455 Total Cost: $10,476 Price Per Unit: $0.166 Total Cost: $11,952 Price Per Unit: $0.19 Total Cost: $2,470 Price Per Unit: $0.645 Total Cost: $8,385 Price Per Unit: $0.215 Total Cost: $2,795 3M ISO RFID Full Disc Media Tag — Custom Print (sold in cases of 1,000 tags) (minimum order requirement = 12,000 tags) Price Per Unit: $0.695 Total Cost: $9,035 Total installation Costs: $NA Total Delivery Costs: $4 per case Describe any other costs or recommended equipment Other Costs: $NA Describe available maintenance plans and all associated costs. Maintenance Plans & Associated Costs: All RFID tags sold by 3M come with our lifetime tag warranty at no additional charge. $NA Describe all available quantity discount levels and pricing Future cost per tag, if different above: As long as you purchase at least a single case (as shown above), we will honor the above tag pricing for at least two years from contract award Other costs & description of costs: $NA 25 System Element: Patron Self -Service Check-out Stations Narrative Response 1. Describe and provide illustrations of all steps involved in a check-out and a sample printed receipt. System Architecture. The 3M SelfCheckN System R-Series is a completely self contained system that emulates the same procedures that librarians use to process materials. 3M Library Systems has done extensive Human Factors Science research on the value of a proper touch screen for customers — one that they are familiar with and expect with today's mobile technology. Our new 3MN SeliCheckTM QuickConnect interface utilizes capacitive touch screen technology that allows customers to lightly touch and open various icons, without having to continuously tap hard on the monitor for icons to open. Thus, allowing customers to truly interact with the self -checkout system via easy -to -see icons, prompts, and addition visual and audible cues. When a customer places a library card under the visible barcode scan line, the system reads the card and then authenticates the customer through the Iibrarys customer database. The customer can also manually enter their card number on the system's iouchscreen keyboard, if he or she is an approved borrower, graphics appear on the 3M TouchSystems touch screen with easy -to -understand instructions that lead customers through every step of the Pam. Checkout Process. Ease of use is one of the most important functionalitiies to Ibrary customers. That is why 3M Library Systems has spent more than 20 years refining its SelfCheckTh' System offering to be one of the easiest self- service products to use in the library industry. Our SetfCheck'" System leverages a combination of visual animations, text instructions and audible cues to guide the customer through a successful checkout process. Our 26 years of research and customer feedback validates that this combined prompt approach leads to a positive customer experience during checkout. An example of our extensive research and customer feedback led to the creation and launch of our new 3M"' SelfCheckl" QuickConnect Interface. This Interface incorporates a number of features that quickly and easily guide the customer through various processes including checkout, check -in, item renewals, making payments and account information. The customer can initiate the checkout process two ways. First, they can use the barcode scanner to scan their library card. Or, they can use the touchscreen to manually enter their customer ID or PIN if required. Once the library customer is togged onto the Seltcheck"' System, the unit verifies the customer's item(s) can circulate, checks the item out, changes the security status on the RFID tag, and shows the list of items successfully checked out on the on -screen running receipt. The receipt can be configured by the library as a comprehensive receipt, or an individual receipt for each item. And, the 3M SelfCheck", System offers the option of email, paper receipt or no receipt. Ltam to entrant - your resume to be 7403. fi . SORYI At2PLf Our RFID solution is designed for easy multi -item checkout In real time. The 3M SeifChedc" System is dual functional — processing both barcodes and RFID tags in the same circulation transaction, This allows for gradual migration to RFID. In addition, the system will process multiple RFID tagged items simultaneously. There is no limit to the number of items checked out in the same transaction other than the limits set up in the library ILS rules. We also use SIP protocols at checkout that work seamlessly with the SirsiDynix ILS to maximize the checkout process. At anytime during the checkout or check -in process, the customer can choose from a variety of languages to best suit their needs. For example, if they choose a particular language at customer interaction initiation, they may quickly and easily switch to their native language if needed. 3M currently supports more than 50 languages. 27 Oft -line (Store & Forward) Mode. All 3M SelCheckTM Systems offer a "Store & Forward" function that captures offline circulation transactions in the event the ILS goes down. if this happens, a staff member can set the system to Offline mode and the 3M SelfCheckTM System wW collect all transactions and store them locally. Then, the system sets the security status on the RFID tag to the 'unsecured' state. When the circulation system comes back online, the staff member can set the system back to Online mode and forward the transactions. In addition, you can configure 3M Sel(ChecicTM Systems to automatically store transactions when the 1LS connection is lost, and upload the stored transactions when the ILS connection is restored. This capability allows customers to use the system regardless of the ILS or network status. In addition, you can easily monitor ILS or network off-line status remotely via our Comment Center Software. Our 3M SelfCheckv System includes an RFID reader, thermal receipt printer, bars de scanner, PC, 19 inch 3M MicroTouch touch screen monitor and the 3M SeffCheckT" System software. 28 ftem!Secur`lty. Processing. 'SeU Service transactions that don't turn off the security bit Can lead to many unwanted alarms and embarrassed customers. This is the last impression we all want to avoid. Thus, we perfected our workflow and checkout logic to ensure customers cannot checkout an item Without successfully tuming off the security bit. We know that sometimes customers will remove an item before the checkout process is complete. That is why we use a series of audible tones and alerts to instruct the user to place the item back on the RFID antenna pad to finish the transaction. Ease of use and avoiding staff intervention is one of the key components of our setf-service design philosophy. This is one of the reasons why 3M has more libraries that achieve higher rates of sett check usage than any other vendor. input Devices. Nearly all necessary customer actions can occur via the touchscreen Interface, which limits the necessity of additional peripherals such as keyboards. The SetfCheckw System utilizes a capacitive touch touchscreen, barcode scanner, magstripe reader and a uniquely tuned RFID antenna to help library customers checkout, check -in, renew items, make payments and review account information. Such ease of use and non - dependence on peripheral equipment allows customers to do more with less while at the SelfCheckn System. This will negate the need for your current dual screen system — freeing up staff time to tend to the services your customers value the most. Receipt Options, Customers have the following receipt options after their transaction is complete: print, no prnt or email, 29 End Session You are now ending your session How would you Eke your receipt? 2. Describe the options for customization of the unit's components: screen, receipt, screen saver. The new 3MTM S&fCheck" QuickConnect Interface makes staff customization quick and easy. Via the new System Manager, you can customize the user interface to flt the needs of your customers, as well as brand the look and feel to reflect your community. The new simplified menu of our System Manager allows you to easily create, customize and control the library experience at anytime. Custom options include a number of unique features, such as: custom graphics, configure on -screen customer actions (e.g., checkout, check -in, renew items, make payments and review account information), create and post library services and events via the Patron Promo feature, help customers plan their next read with our Recommended Reads tool, quickly pull numerous reporting features to retrieve more data in real time, and many more. You can access the new System Manager from your tablet - providing more flexibility when configurations need to happen anytime, anywhere. Selecting customer language options is also made easy via the new System Manager tool. Library staff can use the System Manager feature on the new QuickConnect Interface to select only the languages they need to support in their community — such as English, Spanish, Vietnamese, Russian, Somali and Amharic. If language needs change in the future there are more than 50 to choose from. SelfCheck'" Systems use a variety of text, animations, and sounds to successfully guide the user through check out and check in. When the item checkout is successful, an audible sound is played, the title is highlighted in green on the on -screen running receipt. In addition, our SelfCheckTM System uses the Unicode character set, and an onscreen Lego Movie Give Away! Stop to i:,, i t Go tn:, i,ve rI: ,fl y0t: chpCk tit:: 2 f 30 button is easily visible to quickly increase or decrease the screen's font slze at anytime during the customer transaction. Below is a screen shot showing the font button (circled in red) in the lower left of the screen: PUBLIC LIBRARY Lego Movie Give Away! Each system includes the System Manager Configuration software that is used to configure the system. Once one system is set up, the configuration settings can quickly and easfly be exported from one unit and imported to afl additional units in the library or at any additional branch locations. You can also use our Command Center Software to easily manage and configure your SetfChedOm Systems anytime, anywhere from a central location via a web connection. The receipt can be configured by the library as a comprehensive receipt, or an individual receipt for each item. And, the 3M SeliCheckTM System offers the option of email, paper receipt or no receipt. Receipts are configurable and may contain the following information: date, time, item identifier, item title, item fee, due date, institution identifier, customer identifier, customer name, and total fines paid and total fees paid. An information banner may be printed at the header and/or toter of the customer receipt to provide the user with custom information from your library, as well as Recommended Reads if this feature is enabled. A sample receipt is shown on the next page: 31 a 51.sb 112-34 10,2014 4:47PI. 32 3. Describe any characteristics of the station that qualify the machine and software as user friendly. 3M Library Systems has done extensive Human Factors Science research on the value of a proper touch screen for customers — one that they are familiar with and expect with today's mobile technology. Our new 3MTM SelfCheckTM QuickConnect Interface utilizes capacitive touch screen technology that allows customers to lightly touch and open various icons, without having to continuously tap hard on the monitor for icons to open. Thus, allowing customers to truly interact with the self -checkout system via easy -to -see icons, prompts, and addition visual and audible cues. Checkout Process. Ease of use is one of the most important functionaiities to library customers. That is why 3M Library Systems has spent more than 20 years refining its SetiCheckm System offering to be one of the easiest self- service products to use in the library industry. Our SelfCheckw System leverages a combination of visual animations, text instructions and audible cues to guide the customer through a successful checkout process. Our years of research and customer feedback validates that this combined prompt approach leads to a positive customer experience during checkout. 4. Describe any work you have done installing patron setf check In a library using III Millennium. 3M has hundreds of self check systems in libraries throughout the country that use 111 Millennium. As a tong -time strategic partner with Innovative Interfaces, we have worked closely with them on product development projects. This relationship allows 3M to offer products that feature direct integration. Please see our References section for detailed examples of our ILS integration success. 33 5. Describe the dimensions of both counter top and standalone units. Dimensions: Models 8420/8421 The overall height dike Model 8420 and We heght olds ?messing dcdc 7s Ens inches greater than the Model 8421 73, n 90.e0e dna OM 309n S AIn RadW Dimensions: Model 8422 13in 25;9 h wimp [ "---^-2)6 in �1 J3 et ns.rw.__.. 22 98 in 19,4 in 282 in 6125 and 34 6. Describe any options for adding RFID pads for a self -check station created using the Library's own computers, scanners, and printers. 3M Library Systems prides itself on its consultative approach to customizing various RFID solutions, including self checkout systems. We have taken this approach with numerous libraries across the U.S. and worldwide. Depending on your specific needs, we would be happy to discuss potential customized self checkout options with your library. Please contact us for mote details. 7. Describe the standard multilingual package that is provided with your self -check. At anytime during the checkout or check -in process, the customer can choose from a variety of languages to best suit their needs. For example, if they choose a particular language at customer interaction initiation, they may quickly and easily switch to their native language if needed. 3M currently supports more than 50 languages. Configuring customer language options is also made easy via the new System Manager tool. Library staff can use the System Manager feature on the new QuickConnect Interface to select only the languages they need to support in their community — such as English, Spanish, Vietnamese, Russian, Somali and Amharic. if language needs change in the future there are more than 50 to choose from. 8. Describe how your system performs If the Library ILS is not functioning. Off-line (Store & Forward) Mode. Alt 3M SelfCheck", Systems offer a `Store & Forward" function that captures oftline circulation transactions in the event the ILS goes down. if this happens, a staff member can set the system to Offline mode and the 3M SelfCheckTM System will collect all transactions and store them locally. Then, the system sets the security status on the RFID tag to the 'unsecured' state. When the circulation system comes back online, the staff member can set the system back to Online mode and forward the transactions. In addition, you can configure 3M SelfCheck' Systems to automatically store transactions when the ILS connection is lost, and *ad the stored transactions when the ILS connection is restored. This capability allows customers to use the system regardless of the ILS or network status. In addition, you can easily monitor ILS or network off-line status remotely via our Comment Center Software. 9. Describe any supplies, such as printer paper, needed to operate station. Give typical cost of receipt paper rolls. Are self -check-out supplies available from multiple sources or suppliers? 3M SelfChec(TM Systems use standard thermal receipt paper available from a number of suppliers. Description Printer paper, thermal contrast coating(one side) Width 3.15 inches 180 mm) Roll outside diameter 4.0 inches 1100 mm] Maximum Core Inside diameter 0.43.0.50 inches [11.1 - 13.0 mm) Length 410 ft. [125 m] per roll (approximate), 24 rolls per carton 10. Describe how your system will interface with the Library's current 3M V-Series sett -checkout machines. As a valued customer, 3M Library Systems understands your desire to continually meet the changing needs of your customers and community. That is why we propose a number of upgrade options for your existing SelfCheckTM System units. These options include a Windows 7 Refresh Kit with PC for SetfCheckTM Systems that currently use 35 Microsoft Window XP or Vista, 19 inch Touch Screen Monitors, Optical Scanners, and kits that include a wedge to turn the Y in your existing SelfCheckn, System units into a flat processing surface. To support the change to the center mount optical scanner, 3M is strongly recommending the installation of the V to R wedge insert shown below. The wedge will be an important part of the scanner upgrade because the flat surface is less sensitive to barcode placement The flat surface lets you easily shift books with variable barcode placements. This solution provides your existing V-Series SelfCheck systems with a hardware and software upgrade that will enable customers to checkout items using a flat processing surface for both RFID and baroode environments. Below is a picture of "V to IT solution in a current library. We have successfully updated many V-Series SelfChecksTM at many locations throughout the country. 36 Detailed Requirements Patron Self-service Check-out Station Station has the ability to read both RFID and barcodes. Station can read other MCFLS member library RFID tags. Patron self-service check-out station has the ability to block patrons that are blocked by the library's ILS. Station permits account inquiries and renewals. Option is available to notify a staff person whenever a patron is blocked in any part of the transaction. Notification is done in the form of a pop-up window that appears on a designated staff computer. Patron sett -service check-out station can perform checkout functions and disarm security in one process. Station updates the system in real timeand follows all 1LS circulation policies. Patron self-service check-out station glows for placement of library items in any orientation. RFID reader has the means to prevent the reading and wilting of Items beyond 14 inches of the antenna so that nearby tags are not read unintentionally. Patron sell -service check-out station can handle items comprised of magnetic media without risk of damage or erasure. Patron self-service check-out station has touch screen operation. Option Is available to require patrons to enter FINS on the touch screen in addition to scanning their)ibrary cards. Patron has option for printing of receipts at the self-service check-out station. (e.g.,' option to print no receipt, comprehensive receipt, or individual wept for each item). Patron has the option for e-mailing of receipts at the self- service check-out station. Patron self-service check-out station has direct interaction with the Library Circulation System through SIP2INCIP without the need to maintain a separate database. S CON Comments ® ❑ ❑ ❑ El ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ ❑ ❑ ❑ ❑ E ❑ ❑ D3i ❑ ❑ ❑ ID 0 ❑ ❑ 0 0 ❑ ® ❑ ❑ ❑ ►o� A 'Help' button is available to the customer at any time during the transaction. When selected a pop-up window will appear on designated staff workstations. 37 Patron Self-service Checkout Station Station provides measures to safeguard customer confidentiality through a time-out feature. Station requires user to indicate when their transactions have been completed and clears current user details before accepting next transaction. Patron self-service check-out station has bulit-in animated graphics and offers the library the option of using customizable image files and customizable audio files for instructions. Patron sett -service check-out station has the ability to provide customized receipt messages. Patron self-service check-out station's receipt printer has an auto -cutter and uses standard thermal receipt paper available from local suppliers. Standalone stations have stacking room on both sides of the reader for ease of patron use. Patron self-service check-out station is available with PC and without PC (Le., Library can supply PC). The screen displays item barcode number, title, and due date. The screen displays the total number of Items identified so the patron may confirm that no items have been missed. Patron self-service checkout station has an off-line function in the event of a network or automated library system failure. Patron messages appearing on the screen are configurable by staff. S CDN • ❑ ❑ ❑ ® ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ DDD ® DDD ® DDD CO 000 ® DDD ® DDD • DOD Comments 3M Library Systems prides itself on its consultative approach to customizing various RFID solutions, Including self checkout systems. We have taken this approach with numerous libraries across the U.S. and worldwide. Depending on your specific needs, we would be happy to discuss potential customized self checkout options with your library. Please contact us for more details. 38 Patron Self-service Checkout Station Patron self-service check-out station is designed so that all hardware components are easily accessible and replaceable by library staff. Patron self-service check-out station is easily updated by staff with limited technical knowledge or time required. Patron self-service check-out station has an omni-directional bar code scanner for the scanning of bar codes on patron cards and key tags. The patron self-service check-out station is separable from any administrative (staff) station and has the potential to be placed in an area of the library independent of any administrative work areas. Usage of wireless connectivity is possible. Patron self-service check-out station allows patrons to pay fines and tees by credit card or debit card with real time patron record update, within base price of stations. S 0 C D N Comments ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ DDD ❑ ❑ ❑ DDD The 3M SeifChedtim System comes standard with a linear imaging barcode scanner which reads customer card barcodes and key tags currently used in your library from a range of distances for easy seff-service by customers. 39 Patron Self -Service Check -Out Station Pricing (2) Countertop Self -Check Units 3M SeffCheckTM System Desktop Components with Shared Service Warranty (2) 3M V-Series Stand -Alone Setf-Check Unit Conversion Units 3M SelfCheckol System V-Series to R-Series (RFD) Upgrade Price Per Unit: $5,693 Total Cost: $11,386 Price Per Unit: $898 Total Cost: $1,796 Total Installation Costs: $Induded Total Delivery Costs: $290 Describe any other costs for recommended equipment Other Costs: $NA Describe available maintenance plans and all associated costs. Maintenance Plans & Associated Costs: $1,398* *Service for V-Series to R-Series Upgrade, your current service agreement will remain in effect. At time of service agreement renewal your cost will be $699 per unit. *We will extend you a 10% discount off of these prices if you purchase and pay for two or more years of additional service at time of initial system purchase. Optional Items: 3M SelfCheckTM System Desktop Components with Full Service Warranty SelfCheck Windows, PC Upgrade Kit (for V-Series to R-Series Upgraded units) SelfCheck Optional Scanner (for V-Series to R-Series Upgraded units) SelfCheck 19" Widescreen Monitor (for V-Series to R-Series Upgraded units) 3M Basic Fines and Fees — Factory Upgrade (payment of fines and fees via credit/debit card) 3M Command Center Enterprise License (up to 25 3M networked devices Recommended Reads Annual Subscription —1st year Recommended Reads Annual Subscription — subsequent years (per library) Price Per Unit: Price Per Unit: Price Per Unit: Price Per Unit: $5,938 $1,100 $499 $799 Price Per Unit: $699 Price Per Unit: $1,989 Price Per Unti: $No Charge Price Per Unit: $199 40 System Element: Staff Work Stations Narrative Response 1. Describe the minimum and recommended spedfications for PC's running the system software. The 3M Pad Staff Workstation software will run on XP, Vista, or Win 7 PCs. Recommended specs listed below: CPU: TYPE:15 2400 PROCESSOR, MINIMUM SPEED: 1.8 GHz MEMORY: 4GB DDR RAM - SPEED: COMPATIBLE WITH SELECTED PROCESSOR AND BUS HARD DISK " SATA INTERFACE: 250 GB - ROTATION SPEED: 7200 RPM OPERATING SYSTEM " WINDOWS 7 NETWORK - SPEED:101100/1000 (AUTOMATIC SENSING) MOUSE USB 2 BUTTON KEYBOARD -USB AUDIO - LINE LEVEL OUTPUT • 3.5mm STEREO JACK 2. Describe the process for programming a tag, Including all steps involved. The 3M Conversion Software is the same for each of our conversion systems. The user Interface is very easy to use and does not require mouse dicks or screen taps between items. A green status box will show when a tag has been programmed successfully, and it will play a unique beep sound indicating It's ready to do the next tag. No mouse dicks or screen taps are required. The operator simply scans the next item barcode, removes a new tag from the tag dispenser, and applies it to the item for programming. A red status box will show If a tag has not been programmed successfully, and a unique buzz sound will play indicating the operator should try again. The 3M Conversion Software keeps two counters. One can be used by staff to show how many items they have converted during their session, and one can be used by the library to show how many Items have been converted by the system overall. And, our conversion software uses the 3M Tag Manager which will allow the library to read or program tags in a variety of tag data formats. 3. Describe any changes to current library staff hardware to accommodate RFID system. The 3M Pad Staff Workstation is a highly versatile system. It is dual functional, capable of processing both barcodes and RFID tags In the same circulation transaction, which allows libraries to gradually migrate to RFID. Our Pad Staff Workstation is designed to work with any ILS. The unit features a unique tapered and textured RFID reader pad 41 designed and manufactured by 3M. This enables staff to simply slide materials on and off the pad for processing, improving ergonomics by reducing the need to lift materials. The hardware included with our Pad Staff Workstation is designed to install on your existing staff workstations and will accommodate reading ISO standard RFD tags. Its low profile reader pad can be installed on counter or in counter. The 3M Pad Staff Workstation comes with staff workstation software for check -in and check-out and conversion software for converting items to RFID. Search lists, such as lost, missing, or weed lists can be enabled that allow staff to be alerted when an item on a fist is scanned — giving you an option to cleanse your database as you convert. In addition, the 3M Pad Staff Workstation is compatible with Windows XP SP2, Vista, and Windows 7, 4. Describe dimensions of RFID pads and how they are connected to Library computers. The 3M Pad Staff Workstation includes a low profile reader pad that connects to your staff workstations via USB port. The standard reader pad is about 11 % inches square, and about 518* thick. 5. Describe how your system connects to the I11 Millennium system. Our Pad Staff Workstation can connect to your ILS in two ways. First, you may use a software wedge interface configuration which is our Model 895 Pad Staff Workstation. This is the most common configuration option among our customers. Such a configuration operates similar to a bare -ode scanner, but can process multiple items. The second option, Model 896 Enhanced Pad Staff Workstation, provides an integrated version of our Pad Staff Workstations that works with III Millennium item status API. In this environment, your ILS will communicate directly with the 3M Pad Staff Workstation to tell the device when to tum on or off the item's security based on the circulation mode. Integrated workstations also allows circulation staff to acknowledge any circulation system alerts without needing to redo any items in the stacks that they are checking out. The API we created for such interactions are compatible with dozens of 1LS vendors, including: SirsiDynix Horizon and Symphony, Innovative Millennium and Sierra, as well as Polaris. 6. Describe how your system performs if the ILS is not functioning. Since the Model 896 Enhanced Pad Staff Workstation is controlled by the ILS, it will not work 11 the ILS is not functioning. The Model 895 will still work and can send item ID's to an off-line ILS version, or any other software program such as notepad, Microsoft Work, Microsoft Excel, etc. 7. Describe the process for receiving upgrades, patches, or updates and any costs involved. Software releases and service packs are ► sually available every six months or as required at no extra cost for systems under warranty or service agreement. There are several methods for you to receive updated software. Software can be downloaded to you for your staff to install, we can Install the software remotely, or our field sense technician can install during an onsite visit. 3M will work with the OCPL staff to insure the Impact to the library is minimal. 8. Describe any work you have done in a library using 11I Millennium. 3M has hundreds of RFID systems in libraries throughout the country that use ill Millennium. As a long-time strategic partner with Innovative Interfaces, we have worked closely with them on product development projects. This 42 relationship allows 3M to offer products that feature direct integration. Please see our References section for detailed examples of our ILS integration success. Petalled Reaulroments Staff Work Stations Stations allow for check in, check out, RFID programming, and other regular circulation functions Stations can read barcodes. Stations can read other MCFLS library RFID tags. RFID pads can be mounted under counters, including 1.5 inches of granite Stations will process RFID and barcodes in the same transaction. Stations provide audio and visual indication that a transaction has been completed. Staff station updates system in real time and follows all circulation policies, including notifying staff of circulation blocks or messages. Staff station handles items comprised of magnetic media without risk of damage or erasure. All RFID equipment connects to Library computers through standard connections (USB, serial) RFID pads can be moved from one computer to another without any reprogramming. Staff work stations work with Millennium off line module. S CON Comments 0000 ❑ ❑ ❑ 0 ❑ ❑ ❑ O ❑ ❑ ❑ O ❑ ❑ ❑ 0 ❑ ❑ ❑ O ❑ ❑ ❑ ® ❑ ❑ ❑ O 000 ® ❑ ❑ ❑ O 000 43 Staff Work Stations Pricing (8) Staff Work Station RFID Pads 3M Pad Staff Workstation with 3M supported customer installation Describe any other costs or recommended equipment Describe available maintenance plans and all associated costs. Price Per Unit: $849 Total Cost: $6,784 Total Installation Costs: $Included Total Delivery Costs: $32 Other Costs: $NA Maintenance Plans & Associated Costs: $792* *We will extend you a 10% discount off of these prices if you purchase and pay for two or more years of additional service at time of initial system purchase. 44 System Element: Security Gates Narrative Response 1. Describe the interaction between the gates, RFID software and the Library's ILS. 3M Command Center Software is a web -based tool that provides aggregated statistics of your RFID System components, as well as specific information about an alarm. Command Center can be configured to display pop-up messages to designated Staff Workstations when an alarm is generated by the 3M Detection System showing either the item ID, or the title of the book if a connection to your ILS is available. The system can also gather statistics on alarm counts and customer counts. This feature requires a network connection 10 the Detection System. 2. Describe the information available to staff following an alarm. When the 3M Detection System detects an item that has not been properly checked out, it will cause an alarm condition that is configurable by your staff. The system can create an audible beeping sound, and/or a visual flashing color alert. An alert can also be sent to a staff workstation showing the item 1D or title that caused the alarm. Below is an example of what would show up on a 3M Staff Station when using Command Center. sM Detection.,_ Location : 34R567772 (3M Command Center Customer) Title : Test Title 1 Media Type : Book GrculaUon Status : Checked In 3. Describe the read ranges, read speeds and detection rates for all materials types. The 3M Detection System utilizes the latest RFID technology to provide enhanced detection performance. The read range is 18 — 20 inches from each pedestal. A specific detection rate cannot be guaranteed, but if the tags are not shielded by other tags or metal materials in very close proximity, the detection rate will consistently exceed 99%. There is no technical limit to the number of tags that can be present within the detections system, the system looks for only those tags that have not been unsecured, so the first one it finds will set off the alarm. The Data Rate as per the ISO 18000-3 Mode 1 specification is 26kb/s. 4. Describe any option to include a people counter with the gates. An integrated directional people counter is included as standard. The visible LCD display is at the base of one of the pedestals angled up so that the counts can be easily read by staff. Using 3M Command Center software as described above, detailed statistics can be gathered: • Charts system -wide usage across individual stafons, regions and at a branch -level • Provides detailed item reports and alarm counts • Aggregates statistics by specific time intervals — daily, weekly, monthly and annually • Ability to calculate customers in, customers out and total customers 45 5. Describe any potential for false alarms and posslle sources of Interference regarding your gates. Include anticipated error rates. Listed below are the recommended clearance distances for the 3M Detection System. There are many design considerations that need to be addressed when determining exit sensor placement A contractor package is available from 3M to help plan the installation of our detection panels. Your 3M Sales Consultant will work with your staff to determine the selection, configuration and location of detection systems for optimum security and compliance, The RFID Detection Systems communicate directly with the security status stored on the RFID tags, and only those tags with a specific AFI value wilt respond. This means the false alarm rate is negligible. The following details all minimal distance factors for our detection system gates: • Minimum distance from system to large metal objects (windows or doors with metal frames, display cases, shelves, cabinets, picture frames, counter edges, wastebaskets and furniture): 12 in. j30,5 cm] • Minimum distance from copiers, printers, fax machines, CRT monitors: 12 in. [30,5 cm] • Minimum distance from equipment that reads or programs RFID tags, such as, pad readers, conversion stations, and self -check stations: 3 ft. [91 cm] • Minimum distance from other high -power RFID tag reading/detection systems, such as the Detection System Model 8900 Series or Model 9900 Series: 15 ft. [4,5 m] • Minimum distance from door frames to meet ADA requirements: 4 ft. [1,22 m] • Minimum distance from closest wall, to facilitate installation and system maintenance: 9 in. [22,9 cm] 6. Describe the functionality of gates if the ILS is not operating. The 3M Detection System does not require a connection to the library's ILS. The connection to the ILS is only used to get the title of items that have caused an alarm condition. Our detection system simply larks for any RFID tags with the security code in the 'secured' state and will alarm 11 found. To provide this basic security, a network connection is not required. And, our detection system software — combined with our optional 3M Command Center software — will be fully functional without the ILS, as long as there is a network connection. 7. Describe the functionality and reporting features of the people counter. Using 3M Command Center software as described above, the following detailed statistics can be gathered: • Charts system -wide usage across individual stations, regions and at a branch -level • Provides detailed item reports and alarm counts • Aggregates statistics by specific time intervals — daily, weekly, monthly and annually • Ability to calculate customers in, customers out and total customers 8. Describe any accommodations or system changes required to transfer the security gates from one facility to another. No special accommodations need to be made. Two service calls will be arranged so our local service technician can un-install the system, and then re -install at your new library site. 46 Detained Requirements Security Gates Gates meet ADA requirements. Gates provide a visual and audio alarm. S C D N Comments ❑ ❑ ❑ ODD Visual and audio alarms are customizable by staff. ❑ 0 0 Gates provide a real time report back to designated staff work station ® 0 0 0 showing details of item causing the alarm. People counter can be read remotely. ® 0 0 0 Gates can read other MCFLS library security tags (including tags that ❑ 0 The 3M Detection System are not RFID) is designed to read ISO- 18000.3 Mode 1 compliant RFID tags. It cannot read non-RFID tags. Gates are 95% or greater in accuracy. Gates use AFI for security. IS ❑ ❑ ❑ ❑ ❑ e 47 Security Gates Pricing (1) Two Lane Gate Configuration 3M Detection System, Dual Corridors, Direct Mount Configuration Price Per Unit: $8,373 Total Cost: $8,373 Total Installation Costs: $Included Total Delivery Costs: $275 Describe any other costs or recommended equipment Other Costs: $ Describe available maintenance plans and all associated costs. Maintenance Plans & Associated Costs: $899* *We will extend you a 10% discount off of these prices if you purchase and pay for two or more years of additional service at time of initial system purchase. 48 System Element: Conversion Stations Narrative Response 1. Describe conversion stations you have available and detail all pieces of equipment, power needs, and any software used to convert items the new RFID system. 3M Conversion Station. Our conversion station is designed specifically for use by staff for high speed tagging of existing materials in the kbrary's collection. The 3M RFID Conversion Station is completely self-contained in a wheeled cabinet and designed to facilitate the efficient application of the 3M RFID tags to library materials. The system includes a touch screen monitor, PC, 3M Conversion Software, barcode scanner, and automatic tag dispenser. The Model 812 requires a connection to standard 120VAC power. This conversion station can dispense and program tags as fast as a staff person can apply them, so the conversion station itself is not a limiting factor to speed. 3M Pad Staff Workstation. Our workstation enables ongoing new item acquisition tagging and conversation at the staff desk and allows you to convert items using your staff workstation and comes with a manual dispenser. As items are checked in, the 3M Pad Staff Workstations can be used to convert items before they are re -shelved. 3M Mobile Conversion Kit. This kit is designed specifically for mobile conversion. The 3M USB powered RFID reader integrates with our conversion software that is installed on your library supplied PC or net book and would also leverage your bar code scanner. This mobile solution is battery powered from your PC or notebook. Should you select 3M, our team will work with you to select the best system combination to meet your needs. The 3M Conversion Software is the same for each of the systems described above. The user interlace Is very easy to use and does not require mouse dicks or screen taps between items. RFID Tags can be applied to library materials using a simple process: 1. The item barcode is placed under the barcode scan line and the system will read the Item ID. 2. An RFID Tag Is dispensed and placed into the readMrcite zone by the operator. The item ID, media type, and other library specific information are automatically transferred into the memory of the tag as the operator applies the tag near the spine of the book inside the back cover. A green status box will show when a tag has been programmed successfully, and it will play a unique beep sound indicating it's ready to do the next tag. No mouse clicks or screen taps are required. The operator simply scans the next item barcode, removes a new tag from the tag dispenser, and applies it to the item for programming. A red status box will show if a tag has not been programmed successfully, and a unique buzz sound will play indicating the operator should try again. The 3M Conversion Software keeps two counters. One can be used by staff to show how many items they have converted during their session, and one can be used by the library to show how many items have been converted by the system overall. The 3M Conversion Software can use search lists, which will alert staff when an item is found on any search list. Lists such as lost items, missing items, or items to weed, can be loaded as search lists. 49 2. Describe the workflow for tagging items at the conversion station. The 3M Conversion Station is designed specifically for use by staff for high speed tagging of existing materials in the library's collection. The 3M Conversion Station is completely self-contained in a wheeled cabinet and designed to facilitate the efficient application of the 3M RFID tags to library materials. A two person team is most effective and an average conversion rate of 400 items per hour or more can be achieved. This conversion station can dispense and program tags as fast as a staff person can apply them, so the conversion station itself is not a limiting factor to speed. The operator simply scans an item barcode, removes a new tag from the automatic tag disperser, and applies it to the Item for programming. While the tag is being applied to the Item the barcode and other information is automatically transferred to the RFID lag. A green status box will show when a tag has been programmed successfully, and it will play a unique beep sound indicating it's ready to do the next tag. No mouse dicks or screen taps are required. A red status box will show if a tag has not been programmed successfully, and a unique buzz sound will play indicating the operator should try again. The 3M Conversion Software keeps Iwo counters. One can be used by staff to show how many items they have converted during their session, and one can be used by the library to show how many items have been converted by the system overall. For more information regarding the ease -of -use and conversion speeds of our proposed system, please contact the following 3M Library Systems customer. Johnson County Library Overland Park, Kansas Jennifer Mahnken, Associate Director for Branch Services (913) 826-4706 3. Describe the process by which RFID tags are electronically programmed. While the tag is being applied to the item, the tag is in the reader RF field, which has a range of about 12' above the surface of the counter. The barcode and other information is automatically transferred to the RFID tag. A green status box will show when a tag has been programmed successfully, and it will play a unique beep sound indicating ifs ready to do the next tag. No mouse dicks or screen taps are required. A red status box will show if a tag has not been programmed successfully, and a unique buzz sound will play indicating the operator should try again. 50 4, Describe the average conversion rate per hour for various formats. The 3M Model 812 Conversion Station is designed specifically for use by staff for high-speed tagging of existing materials in the library's collection. With a Iwo person team, you can achieve conversion rates of more than 400 items per hour for print material. This conversion station can dispenseand program tags as fast as a staff person can apply them, so the conversion station itself is not a limiting factor to speed. For media the conversion rate will be less. About 100 per hour or more can be achieved depending on the method used. Applying the full disc overlay to a CD or DVD is more time consuming, as well as tagging multiple items such as a disc and a case as part of a set. For more information regarding the ease -of -use and conversion speeds of our proposed system, please contact the following 3M Library Systems customer: Johnson County Library Overland Park, Kansas Jennifer Mahnken, Associate Director for Branch Services (913)826-4706 51 Detailed Requirements Conversion Station Conversion station does not require connection to the Library ILS Conversion station includes a cart that is easily maneuverable Conversion tagging does not require use of mouse or keyboard Conversion stations can be loaded with a list to enable weeding during conversion SCD N Comments El ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ®❑ ❑ ❑ 52 Conversion Station Pricing (1) Leased Conversion Station 3M Conversion Station — One month rental, includes return shipping to 3M Price Per Unit: $1,399 Total Cost: $1,399 Total Installation Costs: $Included Total Dekvery Costs: $Included Describe any other costs or recommended equipment Other Costs: $NA 53 System Element: Inventory Control Units/Portable Readers Narrative Response 1. Describe how your portable reader interacts with the Library's 1LS. Include the process for transferring information from the Library's ILS to the reader and the process for exporting information from the reader. The 3M Digital Library Assistant (DLA) interfaces with your library's automated circulation system via exported and import text file lists. A memory card (standard format widely available) is used to transfer these fists from your ILS to the DLA. Inventory or other data saved by the DLA on the memory card can be uploaded easily for your ILS system to process. Usts are processed by a software program called the 3M Digital Data Manager. This software is supplied with the DLA and can be installed on any staff workstation that would have access to the lists created by your ILS. The steps involved in downloading lists are: 1. Export the lists from the ILS to the staff workstation or network location 2. Run the 3M Digital Data Manager to create a database of the lists on the CF memory card. This step takes less than 2 minutes. 3. Remove the CF memory card from the reader, and insert into the DLA for use. To upload data that has been saved to the Cf memory card by the DLA: 1. Remove the CF memory card from the DLA and insert into the reader on the staff workstation 2. Run the 3M Digital Data Manager software to import the lists to a file format that is compatible with your ILS. This step takes less than 2 minutes 3. Process the list using your ILS inventory module or other process. 2. Describe the item data elements that the reader can identify. The 3M Digital Library Assistant reads the barcode from the RFID tag. Then it uses the fists generated by your ILS to display other data elements for that item. It can display any data element that exists on the list, such as title, author, call number, status, collection code, etc. 3. Describe the response rate for shelf reading. The anti -collision method utilized by 3M RFID tags can resolve more than 30 tags per second, but for practical operation in a handheld device and to perform useful tasks, the library should expect the unit 10 scan items on shelves at about 4-5 items per second. 4. Describe accuracy when materials are kept on metal shelves. Accuracy is dependent on the type of item, tag placement, item placement, and other shelf conditions. During the 3M Digital Library Assistant (DLA) training session, the 3M trainer will outline various methods for the staff to use to accurately read the shelved items when metal shelves are used. 54 5. Describe the unit itself and address weight, grip, and any ergonomic issues. The 3M Digital Library Assistant (DLA) is a lightweight, portable, cordless hand-held device, with an ergonomic design, that uses radio frequency identification technology to simplify shelf management tasks. The 3M DLA unit weighs 25 oz. including the battery and is 9,5" x 7' x 4'. The antenna portion is 9.5' x 4' x Our DLA Domes with an adjustable antenna to facilitate reading items on the top shelf, the bottom shell, and all the shelves in between. This minimizes arm, shoulder, neck, and back strain due to bending over, standing on stools, or kneeling on the floor. 6. Describe the minimum read and accuracy rates that you will guarantee. In addition, describe how you will proceed if the Library does not see the guaranteed performance. The anti -collision method utilized by 3M RFID readers can resolve more than 30 tags per second, but for practical operation in a handheld device and to perform useful tasks, the library should expect the unit to scan Items on shelves at about 4-5 items per second. An accuracy rate cannot be guaranteed because of variables involved in tag placement, shelving consistency and operator variability. Various shelf reading techniques can be used to increase read accuracy, and will be covered during staff training. 7. Describe how the unit is powered and its battery life The 3M Digital Library Assistant (DLA) is battery operated and comes standard with two batteries and a charger. The battery will last for about 4-6 hours of normal use. Detailed Requirements Inventory Control Units/Portable Readers SCDN Comments Units are capable of wireless operation. ® ❑ ❑ ❑ Units can operate with a direct connection to the library catalog or ® ❑ ❑ ❑ through download lists of records. Inventory Control UniWPortable Readers (1) Inventory Control Unit/Portable Reader 3M Digital Library Assistant (DLA) Price Per Unit: $4,985 Total Cost: $4,985 Total installation Costs: $NA Total Delivery Costs: $5 Describe any other costs or recommended equipment Other Costs: $NA Describe available maintenance plans and all associated costs. Maintenance Plans & Associated Costs: $759 'We will extend you a 10% discount off of these prices if you purchase and pay for two or more years of additional service at time of initial system purchase. 55 Project Management Narrative Response 1. Describe other projects of similar size and scope your company has completed. 3M has implemented thousands of RFID projects in the United States as well as globally. This includes single libraries to large systems and consortiums. We have ability to manage the project successfully as we are the developer and manufacturer of our products; We have a whole team including customer service, laboratory, technical service, software support, and manufacturing. In addition we are very familiar with MCFLS and provide our solutions to many of its members such as Cudahy Public Library, Franklin Public Library, Greendale Public Library and Wauwatosa. Please see the Reference Section for more intonation on similar projects. 2. Describe toots and techniques to keep the project on schedule and management of delays and unexpected issues. One of the most important services we provide is project management. We have several tools and techniques that enable our projects to be successfully Implemented. Below are some examples. Site Assessments Our Account Representative, Nick Byl, will be heading up the project. He has visited your branch and developed a site assessment. He understands the plans for moving to the new building. Kick Off Meeting Along with the site assessment our team will meet with you to discuss key dates and deliverables. We will begin with a kickoff meeting. During this meeting, we will spend time with key individuals who can provide more details relating to the project including timeline, resources and potential concerns. As meeting your goals is key to a successful implementation, we will also discuss any concerns and issues your team may have. Based on these discussions, we will finalize the migration path and develop a plan that sults your needs. During these initial meetings, our project team will: • Define roles and responsibilities • Setup regular phone meetings • Map out final order process, shipping, installation and training Dedicated Customer Service Representative Our Senior Customer Service, Peggy Oikari will be responsible for entering your orders and will work with the project lead to make sure all products are shipped complete and on time. In addition, as stated above we have a large team to ensure your project is implemented successfully. 3. Describe your project team and their roles. Below represents the project team structure for Oak Creek. Some companies may simply provide you with their entire organization chart and state from the president on down will be the "team" that will support your project. Although 3M Library Systems senior management is involved in all aspects of our business, 3M Library Systems 56 takes a more thoughtful approach and we have taken the time to identify the specific members of our organization who will be working with your member libraries throughout the course of this project. The diagram below depicts the project team we are proposing for your project. Brief descriptions follow that describe the role of each of the three sub -teams. Project Lead Ukk. eyi F.ccount Team Senior Customer Suruce Peggy aka!" • Ei diContract tSaragemant 1,?ary Z1IieS Technica`; Tcam Tech-:�cr' Jerre LEE Soft:rarr Su,�port Scr. icr Team Scr.re OncrauorIS John L^hrran Field Sere Dcas,onOnc • Project Team Leading the team is Account Representative, Nick Byl. Nick will have the overall responsibility for managing the project. Nick will be responsible to lead communications and will coordinate the activities of the subdeams to ensure that Oak Creeks goals are archieved, and achieved on time and our solution exceeds your expectations. Nick will wofk closely with the Lead Customer Service Representative, Peggy Oikari. Peggy will work with Nick to assure Oak Creek project has orders placed on time, delivered correctly and according to schedule. in addition Nick will work with the Bid Manger who will work with Oak Creek to provide additional support including contract management. Technical Team Jerre Lee and the entire technical support group supports implementation by making sure the solution we develop performs according to specifications and operates seamlessly within their environment. After implementation, the Software Support team provides ongoing service to assure your products are optimally configured and performing as specified. Service Team This team is responsible for set-up and configuration of the equipment within customer's environment and provides ongoing service and support. This includes four local field service technicians. in addition to the core project team described above, the implementation team has the ability to call upon the entire 3M Library Systems organization for support when ► eeded. For example, if we encounter an unforeseen chapenge or your needs change over the course of the project our software developers and hardware engineers can quickly work with you and the implementation team to deliver a solution 57 4. Describe your installation plan including a clear distinction between vendor and Library responsibilities. As stated above, we start off any implementation with meetings to further understand Oak Creek's goals and refine both our solution and work with you to develop and implementation schedule. There are a different ways to P1e implement a system starting with conversion. In regards to conversion some of the things to consider are the availability of people to complete the conversion and tagging. Libraries use various approaches including staff, volunteers, hired students or other workers depending on the libraries timelines. Depending upon the timing and resources you have available there are different options you can choose that would affect the installation plan. There are a couple of approaches to handle the conversion. The first approach is renting our Conversion Station. This is the solution if you want to convert in the stacks. The Conversion Station is mobtie and can be taken into the stacks. A temp of two people can be quickly trained and be productive in a short period. On average you can convert 450 items per hour using this method. Using this method with one conversion station, the entire collection can be converted in about one month. The second approach is using a 3M Staff Workstation. The staff work station is a product that does double duty as a workstation and can do conversion at a rate of 200 items per hour. The recommended installation plan below uses the first approach of renting conversion station to do the bulk of the conversion. This is the easiest most convenient method as you do not have to carry the majority of the books out of the stacks. We would also recommend using the staff workstations to fill in such as tagging items as they are being checked in or new materials. The 3M team will work with you to understand your goals and plan a timeline to meet them. SAMPLE RFID IMPLEMENTATION PLAN Oak Creek Public Ltbrao y Start (btu Duration (days) Complctioti Person(s) Notes CIIMEEMIMINIII Contract awarded 3/12/2014 2 3/14/2014 Library Contract Is signed Site review 3/14/2014 1 3/15/2014 3M Discuss site requirements: Establish team members and responsibilities 3/12/2014 4 3/16/2014 _ 3M/Library Site Implcreentation Library orders tags/conversion equipment • 3/14/2014 14 3/28/2014 P.O sent in to 3M customer service 3M ships tags/conversion equipment 3/28/2014 7 4/4/2014 3M Library receives tags/conversion equipment 4/4/2014 1 4/5/2014 3M Truck delivers product Library schedules conversion set-up 4/7/2014 1 4/8/2014 Library Library calls 3M 800# to schedule 3M tech sets -up and trains library staff on conversionlstaff workstation/selfchecks 4/9/2014 1 4/10/2014 3M Technidan Installs and trains the library staff on conversion Library tags collection 4/14/2014 45 5/29/2014 Library Library orders remaining RFID equipment 4/25/2014 20 5/15/2014 Library P.O sent in to 3M customer service 3M ships RFID equipment to the library 5/16/2014 7 5/23/2014 3M 58 SAMPLE RFID IMPLEMENTATION PLAN Oak Creek Public Library Library receives remaining RFIO equipment Start date 5/23/2014 Duration (days) 1 Completon 5/24/2014. Person(s) 3M Notes Truck delivers product Library schedules set- up/configuration/training 5/26/2014 1 5/27/2014 Library Library calls 3M 800# to schedule 3M tech sets-up/configuresitrains the Library staff 5/27/2014 3 5/30/2014 3M Technician installs and trains the library staff on conversion ONGOING SUPPORT TO LIBRARY FROM 3M 3/12/2014 3M Ongoing follow up, training and support 5. Describe your ongoing plan for communication during the project. As noted above, leading the team will be Nick Byl. Throughout the process, Nick will be your main contact and he Will set up meeting either in person or via conference call based on decisions made at the kickoff meeting until the implementation is complete and through follow-up to ensure your satisfaction. Nick will work closely with the 3M internal team and facilitate any additional communications. Nick will pull in any resources needed to provide Oak Creek with an implementation that meets their expectations. 6. Describe your approach to training, including estimated number of hours of training included and training method. Explain training resources available after initial installation. Training is done onsite by the installing technician and can be for as many staff members as required. Training typically takes one to two hours depending on the product and the number of library staff involved. Training for the Conversion Systems, SelfCheckTM Systems, and Staff Workstations is done when the equipment is installed and operational (about 1-2 hours). Training for the Digital Library Assistant (DLA) is done after the library has the collection tagged, and is ready to start using the DLA. Training for the DLA is done in two park. The Digital Data Manager software training is done remotely using a web conference (2-3 hours), and the DLA training is done onsile by a 3M trainer or your local Sales Representative (about,2 hours per session). The 3M Command Centersoftware; training is done remotely using a web conference after the software is installed and In operation (about 2 hours). In addition, training can' be provided at any time in the future as required by the library. A 3M Trainer or our Software Support Team can schedule webcast training sessions or onsite training can be provided. Our website also offers training videos and tools. 59 Detailed Requirements Project Management There will be a single vendor project leader through whom all communication can be coordinated. There will be a recommended project schedule with a timeline. AU documentation, including user guides is provided in both hard copy and electronic versions. SCD N Comments ® ❑ ❑ ❑ ODDD ❑ ❑ ❑ Protect Management Pricing Provide a complete description of what is included in project management Total Cost: $No Charge 60 Hybrid Solutions As described above, the Library will be moving into a new facility within 2 years. With this in mind, please respond to the following questions. Narrative Response 1. Will your company help us facilitate the movement and installation of certain pieces of RFID equipment, including security gates and self-service check out stations to the new facility? Yes If the library purchases our products, 3M will help plan and prepare for the move to the new library. Our local technician can be utilized to uninstall the equipment when ready to move, and then re -install the system at the new location. 2. Has your company participated in a project where you worked with another RFID vendor to furnish an RFID system? For example, a scenario In which your company provided tags and self -check stations, while another company provided the security gates and materials handler system? If so, please describe. If not, would your company consider such a project? Yes 3M has been involved is other projects. Some examples ate tags that were bought over time from multiple -vendors along with 3M and the library is using 3M RFID equipment. Murrieta Public Library, CA. library's that are part of The Library Network, MI. Idaho Falls, ID is another example of a mixed environment. Indian Trails Library replaced their vendors AMH system and installed a 3M Intelligent Retum and Sorter. The 3M RFID is a modular design and uses your ILS and the RFID tag as the common method. Therefore, al Its components and software function best when used together. Although we have provided equipment in a mixed environment, especially when libraries are starting to replace equipment from other vendors, it is not recommended. For example, one issue is trouble shooting can be confusing as to what vendors product does not seem to be performing. 3. Are there components of your system that must be purchased as a set in order to function properly? Conversely, which components will interact with equipment purchased through a second company? The 3M system is interoperable with other vendors components if they are compatible with the ISO 18000-3 mode 1 standard for RFID tags and readers. Our RFID system has the ability to read and write multiple tag data formats including the new US tag data standard (ISO 28560-2). To encourage interoperability, 3M has chosen to develop systems in the following way: The 3M RFID tags and readers conform to the industry standard ISO 18000-3 Mode 1 air Interface protocol (same as ISO 15693.3) The 3M RFID system does not use proprietary encryption, promoting interoperability. The 3M System Architecture includes a Tag Data Manager feature that currently provides support for most tag data formats in use today including the 3M format, the ISO 28560 part two and part three formats, the Danish format, 61 Finnish format, French, Dutch, and most vendor specific formats. The 3M Tag Data Manager supports reading multiple tag data formats simultaneously. One product that is will not function with other vendors products is the 3M Command Center Software. 3M Command Center Software gives library staff enhanced abilities to monitor the current status of 3M products in real-time, collect statistical reports, and perform configuration management. Library staff can utilize this software from any PC on the Library network via web browser. The 3M Command Center works with 3M SetCheckw Systems, 3M Detection systems and the 3M Intelligent Retum and Sorter System. 4. Describe any potential technical limitations and/or problems with working under such a scenario to provide a RFID system. As described above, the 3M RFID System is modular and uses the RFID tag and your ILS as common communication points. Other than the optional 3M Command Center software, the various different types of equipment do not communicate with one another, making interoperability possible. 3M Command Center works with 3M SelfCheckm Systems, 3M Detection systems and the 3M Intelligent Return and Sorter System. Thus, you would not be able to take advantage of Its capabilities with other vendor equipment. One of the potential issues with a mix environment is trouble -shooting to determine which vendors products are not working properly. This can make vendor responsibility difficult as it is more difficult to pin -point the Issue. Hybrid Solution Pricing Indicate how pricing for any section of the bid might change based on changes needed due to a hybrid solution being employed. Unlike some vendors, are software comes licensed for each piece of equipment versus a "Site' License. Our products have a unit cost complete with software, therefore a change in pricing would not be needed. 62 Contacts We want you to have all the Information you need to make an informed decision regarding our proposal. So, we provide contact Information for several members of our team. If you have questions or want additional information about our solution, feel free to contact any of the following team members: Primary contact for questions about the proposal Nick Byl, Sales Representative 3M Center, Bldg. 225-4N-14 St. Paul, MN 55144-1000 Telephone: 651-503-7326 E-mail: nibvitgOmmm,com Primary contact for bid and contract Mary Liles, Bid Manager 3M Center, Bldg. 225-4N-14 St. Paul, MN 55144-1000 Telephone: 651-733-1196 E-mail: mkzillestm m.com 63 Index of Attachments Patron Self -Service Solutions Catalog cut, 3M SelfCheck QuickConnect Interface Library Journal Article — 3M QuickConnect Interface Catalog cut, 3M SelfCheck System R-Series Catalog cut, 3M Self -Pay Fines and Fees Options for 3M SelfCheck Systems Staff Productivity Solutions Catalog cut, 3M Command Center Catalog cut, 3M Digital Library Assistant (DLA) Catalog cut, 3M RFID Staff Workstation Security Solutions Catalog cut, 3M RFID Detection System Catalog cut, 3M Conversion Station Catalog cut, 3M ISO RFID Tags Additional Documents Sample Support and Maintenance Agreement 3M Warranty 64 LIBRARY SYSTEMS SALES AGREEMENT BETWEER SM AND OAK CREEK PtJBUC LIBRARY THIS SALES AGREEMENT (*Agreement') Is made and tiffedive es of the3dey at Me ch, 2014 between 3M Company, a Delaware corporation, 3M Wary Systems,. with a place of business at 3M ter, 2�r4 4-14, Pam, MN 55144 3M'j, and Oak Creek Public Library, wkh a place of business el 8620 S. Howell Avenue, Oak Creek, WI 53154 ('Customer'). Customer and 3M we individually referred to herein es a*Racy end odlectwely referred too herein es the 'Pardee, Terms and Condttlons: 1. Jam. The delnitions belowshall have the same meaner throughout the Agreement and the attached Exhibits. A. 'Agreemenr meats thls 3M Purchase Agreement and the *owing attachments: BOJO A— Equipment, Services and Pricing EARS — Softwae License Agreernend(8): Aitadunent B 1-2M seiChedk Software License Attachment B-2— 3M Digftel Library Assistant end Digital Date ManegerSofwene license Ehdtibit C — Semple Service Agreement BMW t D Product Warranty B. 'System' mores ell software, hardware,'lags and related supplesias•Set forth inEddbit A. 2. Installation 3M MI provide instaaatian. She preparation to be provided by the customer prior to installation to Include to following: decKkal power, data drgr, conduf isms, hole dr1ing, and moving of existing thins that may be required. 3. 'farm, This Agreement shall be in effect from the date it Is fully executed through December 31, 2015. 4. Wes sole re included in the Equipment fisted above is towed to Customer tairauantiotire applicable tense agreeing* *rich are attached hereto pee. AAof B. tl In sutra Custont or %ee ntahad concurrent d considered a Agreementule:titan the amber of users for�rAYdr applicabie Coarse teas have been 5. poliwarp Ownership. The Software is and shall remain et al tines lee persons! property of 3M (or its suers), Impactive tive of how the Software maybe Installed or used by Customer. 3M (or its suppliers) retsirrsall ownerslhipaigbts In the Software and Customer recognizes and agrees that k does not acquire, by this Agreement, any avvrnerslrip right, indudkg copyright rights In the Software. 6. ¢lwpori. Support oblgatlons are as set forth in Etddbit C - Sample Service Agreement 7. purchase Orders. Buyer shall place POs for all component purchases under this Agreement. The only terms In sudi POs that al bind 3M MI be the Buyer's name and address, dates, quantiiles, and description of components, prodded that such terns do not contlict with nor add to the temof tMs teement. S. Meg. Pdoes irdude product, setup and configuration, a twelve (12) month Service Agreement and Product Warranty as set forth in Exhibits C andD and etapping, 9. payment All payments due under the Agreement ahal be made net 30 days from date on invoice. Invoice Is generated at time of shipment 10. Tkte and Risk of Loss. 3M retains sole ownership end Customer is gaiety responsible fcr any damage or loss, of the System until Customer makes full payment therefore or until 3M receives possession of the System. Tile to he System, other then Software and the Conversion Salon, w9t transfer to Customer upon 3M's receipt °did payment therefore. 11. los. Prices* not include applicable taxes which shall be paid by Q stonier. 12. Non -Disclosure Obligations. Customer acknowledges Maitre System contains valuable trade secrets and proprietor information owned by 3M or those claiming through 3M. Propdetay and confidential information dksotly and Indirectly related to the System ("3M Confidential infotmanon"}vdl be disclosed by 3M to (Alston( during the term of this Agreement The relationship created under this Agreement and the existence of this Agreement and any of its terms and oondiitlans, Including but not limbed to pricing, are also mattered 3M Confidential Intonnaation. Customer agrees not to dsdoee 3M Contlden tat Information to any third pants s and agrees to use the seincrefforts to prevent Its disclosure as le used to protect its own confidential Information, with no less than a reasonable standard of care. { dental hhtornregon does not Include information that (a) was in Customer's possession before receipt from 3M, provided that the kdormalion Is not knave to Customer to 3M 93e489v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK P.1IBL IC LIBRARY be subject to another oonSdentialb agreement with or other obligation of secrecy to.3M; (b) Is or becomes generally evelleblle to the public through no fault of Customer, (c) is received In good faith by Customer from a third party and is not subject to en abllgatinn of confidentiality owed to 3M or a third party; or (d) is Independently developed by Customer without reference to 3M Con1 dential Information received hereunder. The obligations contained in this paragraph shaft survlve termination of Ns Agreement 13. Creek 3M may, at its sole discretion, change or link the amount or duration of credit to be allowed to Customer. 3M may cancel any aocepted order or delay the shipment of the order, lt Customer fails to meet payment schedules or other credit or Nelda' established by 3M. 14. Force Meieure. Neither party shell be responsible for any delay or failure of performance hereunder due to, including, but not Idled lo, strikes, lockout shortage of labor or other labor disturbances, dots, invasion, war, fire, explosion, sabotage, stone, good, earthquake, inab)tlly to obtefi suitable material, fuel, power, or transportation, or any other causes whatsoever beyond the reasonable o nbt4 elite parks. 15. Relationship of the Parties. Nothing contained in this Agreement shall be construed as crating a Joint venture, partnership, agent or employment relationship between the parties. Neither party shall have the auiherky to obligate or otherwise act as a represeitedvve of. or agent for, the other party for any purpose, and neither party skid make any representations or hold Itselt out as having auchautlwrity. 16. limitation of liabaiiv. 3M SHALL NOT BE LIABLE TO THE OTHER PARTY, iTS SUCCESSORS, OR ASSIGNS FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OP LABOR, OVERHEAD, BUSINESS OPPORTUNITY, DATA INCOME, PROFIT, REVENUE OR SAVINGS OF ANY PARTY, INCLUDING THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BREACH a WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, INTENDED CONDUCT, STRICT LIABiLITY IN TORT, EQUITY OR ANY OTHER LEGAL THEORY. IN N0 EMT SHALL 3M'S MAXIMUM LIABILITY EXCEED THE PRICE PAID TO 3M FOR THE DELIVERABLE(S) OR SERVICE(S) TO WHICH TFE UABILITY RELATES. 17. Disputes. My questions, claims, disputes or Station arising from or related to the making, performance or alleged breach of this Agreement or to any available remedtasla'Disputej, shall be „governed ,by the laws as set forth in Sec. 18 below, and shall be resolved as fellows: (Q upon vnideri notice of Dispute (the '14oioe'), by ireperaan negotiation between .business representatives of the pestles who bare agtitoriytb fully resolve the Dispute; (i) g within sbdy (80) days of the Neioele Dispute has not fee► tuiy resolved, the parles shall condeet a aoiWfdentlal non-bkxing mediation using a location, mediator, and rules acceptable be both parties (wits the costa of mediation steered equally); (Ml) If the Dispute le not then resolved, and as a lest resort only, either party may commence litigation.; provided That any lawsuit must be Tried and mainteined in accordance wife Section 18 below. Northing herein shall preclude either party from taidng whatever action i deems necessary to prevent Immediate, irreparable harm tole interests. 18, iwiticable Law and Venue. This Agreement shall be governed byttve lows of the State of Minnesota, without regard lo its ennobles of combust) of low. My lawsuit commenced by a party to this Agreement mast be commenced to a federal or state court of competent jurisdiction in Ramsey County, Minnesota. 19. Assigement No party to Ns Agreement may assign, transfer, st►bicense, or delegate this Agreement or any of Its rights, duties, th potions, a interests under this Agreement without 3M's prior written approval. This Agreement will not be considered a transferable asset. 3htespresely reserves the rigtt to terminate this Agreement on: (Ube saie of all or subetentiaiy, of thalamic of any party m this Agreement (8) the sale Or transfer of the entire busiieas or substantially all the assets of any piety to tits Agreement or (ill) wily sigrlifleent dishes bh bie Management a control of any party to this Agreement My assignment, transfer, or delegation of the Agreement or any interest 1n this Agreement, without 3M's prior written consent Is voidable at 3M's opion and cause for tenniiaion of this Agreement Nothing In this Agreement wilt be oonstnied to grant any person or entity note party to this Agreement any rights or pourers whatsoever, No person or entity hip be a third party beneficiary of this Agreement 20. Waiver. The waiver or (duns of direr party to exercise In any respect any tight provided for in this Agreement shall not be deemed a waiver of any further right by such party under this Agreement. 21. Severabiity. If a court or tribunal of competent Jurledtoton will for any reason, told any provision of this Agreement invalid, legal, or unenforceable, the provision wii be deemed severable and the InvaWciy, illegally, or unenforceeblety di not affect any other provision of this Agreement which must be enforced in accordance with the intent of this Agreement however, a party adversely efteoled by suds holding may terminate this Agreement effective hrunedlately, without penalty, upon notice thereof to the other party. 22. AcceDtanca. This Agreement Is not binding on 3M until It has been accepted to writing by 3M Library Systems at 3M Center, St Paul, MN. This is the sole and eiaduss 8 manner of acceptance. My other promise or act, Inducting a promise to ship or shipment does not constitute acceptance by SM of this Agreement Once signed, please deliver this Agreement to 3M by fax or mat 3M Library Systems Customer Serape SM 9364690 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY Fax 1 400-223.5563 or 3M Company, PO Box 3358Z St Paul, MN 65113.3682. For questions, cal Customer Service 1-800-328.0067. Fed IDt/41.041-7775. 23. pnfre Aareement and Amendments. This Agreement end its Exhibits are intended to be the final, corrg fete and exclusive statement of al femme and conditions of the agreement between ire pales raking to the matters covered and supersedes all prior agreements, whetter written or oral, ell other communications between ite caries relating to time subject matter of this Agreement and any course of deabing or usage of Made. Each party agrees that II has not relied on any representation or warranty not cores* stated {n this agreement This Agreement can be amended onlyby a writing signed by both parses. No oral modification Is possible. A dowse of performance does not effect a modification or a waiver uhlessiatMed in write by the. part& be bound 24. Use of Contract by Other ages. Contract pdddng may be extended lo other en6ies by mutual agreement of parties end in compliance with al applicable laws. Accepted and Agreed to: 3M Company , /A V 1 .— Customer Name: By: Print V P Yt Name: Print Name:. TINe: Tile: Data: ) I)) ' Date: 3 j 2.0 11,w t 3M 936469vi LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY Exhibit A Equipment, Services and Pricing Customer Name: Oak Creek Public Library Installation Site(s):. Various Prici includes: seta & ', . uration 12 month warrant ,alit Js in! and handli Description Unit cost Shipping 3M Conversion Station Model 812 — Per Month Rental $495 ea Included 3M ISO RFID Tag (50x50), sold in cases of 6,000 @ $0.1455 per tag $873 per case $4 per case 3M ISO RFID Tag (50x50), black and white customer printed, sold In cases of 6,000 @ $0.166 per tag (minimum order requirement =12,000 tags) $996 per case $4 per case 3M ISO Hub Markers, sold in uses of 4.,000 @ $0.19 per tag $760 per case $4 per lose 3M ISO Hub Myers, ), back and white customer printed, sold in cases of 4,000 @ $0.215 per tag (minimum order requirement =12,000 tags) $860 per case $4 per case Stingray Full Disc RFID Tag, sold in cases of 1,000 @ $0.645 per tag $645 per case $4 per case Stingray Full Disc RFID Tag, black and white customer printed, sold in cases of 1,000 @ $0.695 per tag (minimum order requirement =12,000 tags) $695 per case $4 per case 3M Staff Workstation Model 895 indudkng 3M supported customer installation and 12 month depot repair service $848 ea $4 ea 3M R-Series SettChec km — Desktop Components, including setup and configuration, and 12 month shared services warranty $5,693 ea $140 ea 3M R-Series SelfCheckw— Desktop Components, inducting setup and configuration, and 12 month full service warranty $5,938 ea $140 ee 3M SetiCheaTM System V-Series to R-Series (RFID) Upgrade $698 ea $5 ea 3M SetfCheck Windows, PC Upgrade Kit (for V-Series to R-Series Upgraded units). No install charge if done at the same time as V-Series to R-Sedes upgrade. $1,110 ea WA 3M SetfChec k Optional Scanner (for V-Series to R-Series Upgraded units). No install charge if done al the same time as V-Series to R-Series upgrade. $499 ea NIA 3M SetfChedk 19" Widesc Teen Monitor (for VSeries to R-Soles Upgraded units). No install charge if done at the same time as V-Series to R-Series upgrade. $799 ea WA 3M R-Series SelfChedk" — Tabletop Components, including setup and configuration, and 12 month shared services warranty $8,217 ea $275 ea 3M R-Series SelfCheckw — Tabletop, including setup and configuration, and 12 month full service warranty $8,749 ea $275 ea 3M R-Series SeifCheckm4 — Kiosk, inducting setup and configuration, and 12 month shared services warranty $8,642 ea $275 ea 3M R-Series SelfChecklo — Kiosk, inducting setup and configuration, and 12 month full service warranty $9,174 ea $275 ea 3M 9364690 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY 311,4 Basic Fines and fees — Factory Upgrade (payment of fines and fees via credit/debit card) $699 ea $150 ea 3M Model 9102 Detection System, Dual Corridor, Direct Mount, including set up and configuration, and 12 month service $8,373 ea $275 ea 3M to uninstatl and reinstall of the 9102 Detection System in the new facility on the same day. The library would be responslle for moving the detection system to the new location. $999 ea $275 ea 3M Model 804 Digital Library Assistant (DLA) includes 12 month depot reper $4,985 ea $5 ea 3M Command Center Enterprise for monitoring up to 25 3M SelfChecks, Security Gates and AMH Systems including 12 month service $1,989 ea NIC Recommended Reads Annual Subscription —1n year' $ No Charge Recommended Reads Annual Subscription — subsequent years (per library)* $199 "Continued subscription for SelfCheck only, Recommended Reads purchased through Novelist. 3M 938469v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY Attachment B-1 3M SELFCHECK SYSTEM SOFTWARE LICENSE USE OF THE 3MT" SELFCHECK", SYSTEM SOFTWARE IS GOVERNED SOLELY BY THE TERMS OF THIS LICENSE. THE SOFTWARE MAY BE USED BY CUSTOMER AND ITS EMPLOYEES AND AGENTS ONLY FOR CUSTOMER'S BENEFIT AND IN ACCORDANCE WITH THE LICENSE SET FORTH BELOW: 1. 3M SelfCheck System Software. As used in this License, "Software" means the proprietary 3M SelfCheck System Software licensed to Customer (initial below): X 3M SelfCheck System "R Series" Software X 3M SelfCheck System PAD Staff Workstation "Model 8951895" Software _ 3M Intelligent Return and Sorter Software including but not limited to any updates (e.g., maintenance releases, modifications to existing functionality or new functionality) that may be provided to Customer by 3M, at 3M's option, during the term of this License. 3M is under no obligation to issue updates. 2. License. During the term of this License, 3M grants Customer the nonexclusive, nontransferable right to use the Software solely for Customer's Infernal business purposes, and only in combination with 3M Self -Check system hardware, with the exception of the Model 895 Software which may be installed on a single personal computer at the Customer's location. Except as provided above, Customer may not use the Software with scanning equipment or similar hardware supplied by any other party. The parties acknowledge that the Software is the sole and exclusive property of 3M or its licensors. Portions of the Software provided by 3M's licensors may be subject to additional license terms made available to Customer either as part of the license terms below or referenced by 3M and contained in a separate attachment, and Customer hereby assents to those terms in consideration for its use of the Software. Certain features of the Software may be provided on a time limited basis or subject to other cond Lions, as referred to in the exhibits 10 the Sales Agreement between 3M and the Customer, or other addendum to this license. 3M's grant of a license is expressly conditioned upon Licensee's use of the Software pursuant to this License; any other use shall be considered unlicensed and shah subject Licensee to any and all remedies available to 3M at law or equity, including but not limited to claims of copyright infringement. 3. Prohibitions. Customer may not, without 3M's prior written consent (t) sublicense, lease, lend or transfer the Software to any third party; (ii) use, or permit the use of, the Software for the benefit of, or by, any third party, such as use of the software as a service bureau; (iii) make copies of the Software except in the normal course of use or for archival purposes; (iv) use the Software at any location other than the Site; or (v) disassemble, reverse engineer or create derivative works of the Software except as permitted by law. Customer agrees to reproduce all copyright and proprietary rights notices included in the Software on copies that it is authorized to make. 4. Operating Results. Customer is solely responsible for the use it makes of the Software, including, but not limited to, monitoring and verifying the input to and output from the Software. 3M makes no warranties whatsoever about the results to be obtained by Customer's use of the Software. 5. LIMITED WARRANTY AND DISCLAIMER. 3M warrants to Customer that, for a ninety (90) day period following delivery of the Software, the then -current version of the Software will perform in substantial accordance with the corresponding documentation when used as instructed. tf the Software fails to meet this warranty, 3M's sole obligation and Customer's sole remedy will be, at 3M's option, replacement or correction of the Software to perform as warranted or refund of the applicable separate license fee paid. This warranty is void if the Software is modified or used with software or equipment for which it was not intended. EXCEPT FOR THIS LIMITED WARRANTY, 3M AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT AND TITLE AND THOSE ALLEGEDLY ARISING FROM TRADE USAGE OR COURSE OF DEALING. 3M DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM ALL BUGS, ERRORS OR OMISSIONS. 3M 936489v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY 6. Limitation of Liability. 3M and its licensors will not be liable to Customer for any loss or damage resulting from .lost data or information. Further, except for personal injury, 3M and its licensors will not be liable for any indirect, special, incidental or consequential damages or economic loss based upon breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory, even if 3M has been advised of the possibility of such damages. THE PARTIES AGREE THAT 3M'S AND ITS LICENSORS' MAXIMUM CUMULATIVE LIABILITY FOR ACTUAL DAMAGES FOR ALL MATTERS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000) IN THE AGGREGATE. Some states or countries may have laws that require liability rights different from those stated above. In such states or countries, the minimum required liability terms shah apply. 7. Term and Termination. This License will terminate if (i) a party materially breaches a provision of this License and fails to cure such breach within thirty (30) days after receiving a written notice of breach from the nonbreaching party; or (ii) Customer discontinues use of the Software. Upon termination of this License for any reason, Customer shall cease all further use of the Software and, at 3M's option, destroy or retum to 3M all copies then in Customer's possession or control. At 3M's request, Customer will certify to 3M In writing that it is In full compliance with the requirements of this paragraph. 8. U.S. Government End Users. This provision applies to all acquisitions of this Software by or for the Federal Government or by any prime contractor or subcontractor (at any tier) for the Federal Government under any contract, grant, cooperative agreement, other transaction, or other agreement with the Federal Government By accepting delivery of this Software, the Federal Government hereby agrees that this Software qualifies as "commercial' computer software within the meaning of the acquisition or financial assistance regulations applicable to this procurement. The terms and conditions of this License shall apply to the Government's use and disclosure of this Software and shall suPersede any conflicting contact terms and conditions. If this License fails to meet the Government's needs or is inconsistent with federal law, the Federal Govemment agrees to return this Software, unused, to 3M. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): 'Restricted Rights — Use, duplication and disclosure by the Govemrnent is subject to restrictions as set forth in subparagraph (c)(1)(1i) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT. 1988).' 9. Export Law Assurances. The laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Software. Customer agrees that it will not export or re-export the Software in any form without the appropriate United States Govemment and foreign government licenses. Customer agrees that its obligations under this paragraph survive and continue after any termination or expiration of rights under this License. 10. General Provisions. This License constitutes the entire agreement between 3M and Customer with respect to use of the Software. This License Is governed by and construed under Minnesota law, excluding Its conflicts of law provisions. The parties agrees that, in the event of any disputes arising between the parties, jurisdiction and venue for resolving such disputes shall reside exclusively in the state and federal courts in Ramsey County, Minnesota, USA. This License, or any of the rights granted herein, may not be amended, assigned, sublicensed or transferred by Customer without 3M's prior written consent. Failure of 3M to enforce any provision will not constitute a waiver of such provision or of the right to enforce such provision. If any provision of this License is held to be unenforceable by a court, the validity and enforceability of the other provisions will not be affected. The provisions of paragraphs 8, 6, 7, 8 and 9 will survive any termination or expiration of rights under this License. This software contains Adobe® Flash® Player. Copyright 01996 - 2008 Adobe Systems Incorporated. All Rights Reserved. Adobe and Flash are either trademarks or registered trademarks in the United States andlor other countries. This Software contains Adobe® Shockwave® Player. Copyright 01996 - 2008 Adobe Systems Incorporated. All Rights Reserved. Adobe and Shockwave are either trademarks or registered trademarks in the United States andlor other countries. Apache license Version 2.0, January 2004 httoJJwww.abache.or icensesl TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 3M 936469v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor* shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity' shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, 'control' means (1) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (II) ownership of fifty percent (50%) or more of the outstanding shares, or (lit) beneficial ownership of such entity. 'You' (or "Your) shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or abject form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. 'Contribution' shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this defknttion, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tacking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but exduding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution.' 'Contributor shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no -charge, royalty -free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object font. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no -charge, royalty -free; irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contrlution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross -claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 3M 936469v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC'LtBRARY 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: a. You must give any other recipients of the Work or Derivative Works a copy of this License, and b. You must cause any modified files to carry prominent notices stating that You changed the files; and c. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and d. If the Work indudes a'NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third -party notices normally appear. The contents of the NOTICE Ile are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by appicable law or agreed to in writing, Ucensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON -INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsbte for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), .contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for kiss of goodwil, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only If You agree to indemnify, defend, and hold each Contnbutor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS 3M 936469v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY Attachment B-2 3M Digital Library Assistant Software License Use of the 3M Digital Library Assistant Software ("DLA Software"), is governed by the terms of the license between 3M and Customer. The Software may be used by Customer and its employees and agents only for Customer's benefit and in accordance with the license between 3M and Customer, as set forth below. 1. Software. As used in this License, 'Software' means the DLA Software licensed to Customer, including any iodates (e.g., maintenance releases, modifications to existing functionality or new functionality) that may be provided to Customer by 3M during the term of this license: 3M is under no obligation to Issue updates. 2. Software License. During the term of this Iioense, 3M grants the Customer the nonexclusive, nontransferable right to use the Software solely on associated 3M Digital Library Assistant handheld units at the Site. Title to all copies of the Software will be and remain vested In 3M or Its licensors. 3M's grant of a license is expressly conditioned upon Licensee's use of the Software pursuant to this License; any other use shall be considered unlicensed and shall subject Customer to any and all remedies available to 3M at law or equity, including but not limited to claims of copyright infringement. 3. Prohibitions. Customer may not, without 3M's prior written consent (i) sublicense, lease, lend or transfer the Software to any third party; (ti) use, or permit the use of, the Software for the benefit of, or by, any third party such as use of the Software as a service bureau; (ik) make copies of the Software except in the normal course of use or for archival purposes; (iv) use the Software at any location other than the Site; or (v) disassemble, reverse engineer or create derivative works of the Software except as permitted by law. 4.Operating Results. Customer is solely responsible for the use it makes of the Software, including, but not limited to, monitoring and verifying the input to and output from the Software. 5. LIMITED WARRANTY AND DISCLAIMER 3M warrants to Customer that, for a ninety (90) day period following delivery of the Software, the then -current version of the Software will perform in substantial accordance with the corresponding documentation when used as instructed. 1f the Software falls to meet this warranty, 3M's sole obligation and Customers sole remedy will be, at 3M's option, correction of the Software to perform as warranted or refund of the applicable separate license fee paid. This warranty is void if the Software is modified or used wfth software or equipment for which it was not intended. EXCEPT FOR THiS LRi11TED WARRANTY, 3M DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON4NFRINGEMENT AND TITLE AND THOSE ALLEGEDLY ARISING FROM TRADE USAGE OR COURSE OF DEALING. 3M DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM ALL BUGS, ERRORS OR OMISSIONS. 6. Limitation of Liability. 3M will not be liable to Customer for any Toss or damage resulting from lost data or information. Further, except for personal injury, 3M will not be liable for any indirect, special, incidental or consequential damages or economic loss based upon breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory, even If 3M has been advised of the possibility of such damages. THE PARTIES AGREE THAT 3M'S MAXIMUM CUMULATIVE LIABILITY FOR ACTUAL DAMAGES FOR ALL MATTERS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000). T. Term and Termination.This License MI terminate (i) if either party materialy breaches a provision of this License and fails to cure such breach within thirty (30) days after receiving a written notice of breach from the nonbreaching party; or (li) if Customer discontinues use of the Software. Upon termination of this license for any reason, Customer shall cease all further use of the Software and destroy or return to 3M all copies then in Its possession or under its control. At 3M's request, Customer will certify to 3M in writing that it is in full compliance with the requirements of this paragraph. 8. U.S. Government End Users. This provision applies to all acquisitions of this Software by or for the Federal Government or by any prime contractor or subcontractor (at any tier) for the Federal Government under any contract, grant, cooperative agreement, other transaction, or other agreement with the Federal Govemment. By accepting delivery of this Software, the Federal Govemment hereby agrees that this Software qualifies as `commercial computer software within the meaning of the acquisition or financial assistance 3M 93646ev1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY regulations applicable to this procurement. The terms and conditions of this License shall apply to the Government's use and disclosure of this Software and shall supersede any conflicting contract terms and conditions. If this License fails to meet the Government's needs or is inconsistent with federal law, the Federal Govemment agrees to return this Software, unused, to 3M. The following additional statement applies only to acquisitions govemed by DFARS Subpart 227.4 (October 1988): "Restricted Rights — Use, duplication and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(0) of the Rights in Technical Data and Computer Software clause at DFARS 252227-7013 (OCT.1988) " 9. General Provisions. This License constitutes the entire agreement between 3M and Customer with respect to use of the Software. This License is govemed by and construed under Minnesota law, excluding its conflicts of law provisions. This License may not be amended, assigned, sublicensed or transferred by Customer without 3M's prior written consent. Failure of 3M to enforce any provision will not constitute a waiver of such provision or of the right to enforce such provision. If any provision of this license is held to be unenforceable by a court, the validity and enforceability of the other provisions will not be affected. 3M Digital Data Manager Software License Use of the 3M Digital Data Manager Software ("DDM Software") is governed by the terms of the license between 3M and Customer. The Software may be used by Customer and its employees and agents only for Customer's benefit and In accordance with the license between 3M and Customer, as set forth below. 1. Software. As used in this License, "Software' means the DDM Software is licensed to Customer, including any updates (e.g., maintenance releases, modfications to existing functionality or new functionalty) that may be provided to Customer by 3M during the term of this License. 3M is under no obligation to issue updates. 2: Software License. During the term of this License; 3M grants Customer the nonexclusive, nontransferable right to install the Software on a single oomputer at a single Customer location ("Site') and to use the Software solely for the purpose of creating an interface to other 3M Library Systems Software. Title to all copies of the Software will be and remain vested in 3M or its licensors. 3M's grant of a license is expressly conditioned upon Licensee's use of the Software pursuant to this License; any other use shall be considered unlicensed and shall subject Customer to any and all remedies available to 3M at law or equity, including but not limited to claims of copyright infringement. 3. Prohibitions. Customer may not, without 3M's prior written consent (i) sublicense, lease, lend or transfer the Software to any third party; (11) use, or permit the use of, the Software for the benefit of, or by, any third party such as use of the Software as a service bureau; (iii) make copies of the Software except in the normal course of use or for archival purposes; (iv) use the Software at any location other than the Site; or (v) disassemble, reverse engineer or create derivative works of the Software except as permitted by law. 4. Operating Results. Customer is solely responsible for the use it makes of the Software, including, but not limited to, monitoring and verifying the input to and output from the Software. 5. LIMITED WARRANTY AND DISCLAIMER 3M warrants to Customer that, for a ninety (90) day period following delivery of the Software, the then -current version of the Software will perform in substantial accordance with the corresponding documentation when used as instructed. 11 the Software fails to meet this warranty, 3M's sole obligation and Customer's sole remedy will be, at 3M's option, correction of the Software to perform as warranted or refund of the applicable separate license fee paid. This warranty is void it the Software is modified or used with software or equipment for which it was not intended. EXCEPT FOR THIS LIMITED WARRANTY, 3M DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT AND TITLE AND THOSE ALLEGEDLY ARISING FROM TRADE USAGE OR COURSE OF DEALING. 3M DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM ALL BUGS, ERRORS OR OMISSIONS. 6. Limitation of Liability. 3M will not be liable to Customer for any loss or damage resulting from lost data or information. Further, except for personal injury, 3M will not be liable for any indirect, special, Incidental or consequential damages or economic loss based upon breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory, even 1 3M has been advised of 3M 936469v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC UBRARY the posslilty of such damages. THE PARTIES AGREE THAT 3M'S MAXIMUM CUMULATIVE LIABILITY FOR ACTUAL DAMAGES FOR ALL MATTERS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000). 7. Tenn and Termination. This License will terminate (i) if either party materially breaches a provision of this License and fails to cure such breach within thirty (30) days after receiving a wrtten notice of breach from the nonbreaching party; or pi) if Customer discontinues use of the Software. Upon termination of this License for any reason, Customer shall cease all further use of the Software and destroy or return to 3M aN copies then in its possession or under its control. At 3M's request, Customer will certify to 3M in writing that it is in full compliance with the requirements of this paragraph. 8. U.S. Government End Users. This provision applies to all acquisitions of this Software by or for the Federal Government or by any prime contractor or subcontractor (at any tier) for the Federal Govemment under any contract, grant, cooperative agreement, other transaction, or other agreement with the Federal Government. By accepting delivery of this Software, the Federal Government hereby agrees that this Software qualifies as 'commercial" computer software within the meaning of the acquisition or financial assistance regulations applicable to this procurement. The terms and conditions of this License shall apply to the Government's use and disclosure of this Software and shall supersede any conflicting contract terms and conditions. If this License fails to meet the Government's needs or is inconsistent with federal law, the Federal Government agrees to retum this Software, unused, to 3M. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): "Restricted Rights — Use, duplication and disclosure by the Govemment is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT. 1988).' 9. General Provisions. This License constitutes the entire agreement between 3M and Customer with respect to use of the Software. This License is governed by and construed under Minnesota law, excluding Its conflicts of taw provisions. This License may not be amended, assigned, sublicensed or transferred by Customer without 3M's prior written consent. Failure of 3M to enforce any provision will not constitute a waiver of such provision or of the right to enforce such provision. If any provision of this License is held to be unenforceable by a court, the validity and enforceability of the other provisions will not be affected. 3M 936469v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY Exhibit C Sample Service Agreement 3M Service Agreement Library Systems Agreement Issued To: This Service Agreement covers the Equipment listed below for the period shown. (Please see reverse side for important terms and conditions.) Model Number Serial Number Annual Fee Zone Fee When You Need Service: Call 1-800-328-0067 and select option #1 to place a service call. You'll need to give your Model and Serial Number when requesting service. Servke Agreement Number: Service Agreement Effective Period: Begins: Ends: OUR PLEDGE We are a worldwide team of professional men and women committed to providing innovative products and services that exceed customer expectations. By constantly consulting our customers, and our competitors' customers, we seek to be the business partner that inspires confidence and trust through market -directed research and product development. 3M 936469v1 LIBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY Service Agreement Terms and Conditions WHAT WE WILL DO: Hardware: In consideration of payment of the agreement price, 3M will furnish labor and replacement parts necessary to maintain the Equipment specified in this agreement in proper operating condition during the term of this agreement, provided that the Equipment is installed by an authorized 3M Service Provider and used as directed. This Service Agreement covers Equipment failure during normal usage. 3M agrees to provide: • On -site remedial maintenance during On -Site Coverage Hours When 3M Is notified that the Equipment is not in good working order. 3M will provide a toll -free telephone number for Customer to place, and 3M will receive, Equipment maintenance service calls twenty-four (24) hours per day, seven (7) days per Week. • All labor, service parts and Equipment modifications 3M deems necessary to maintain the Equipment in good working order. Al service parts will be fumished on an exchange basis and will be new parts or parts of equa quality. For certain Equipment, 3M reserves the right to replace the entire unit with new equipment or equipment of equal quality when 3M determines that replacement is more economical than on -site repair. All Equipment and service parts removed for replacement become the property of 3M. Software: In consideration of payment of the agreement price, 3M will furnish over -the -phone software support and remote troubleshooting of the 3M Software specified in this agreement as well as updates necessary to maintain the 3M Software specified in this agreement in proper operating condition during the terra of this agreement, provided that the 3M Software is installed and used as directed. 3M agrees to provide: • All software configuration modifications 3M deems necessary to maintain the 3M Software in good working order • 3M Software updates • Internet Filter fist updates (as applicable) • A toll -free telephone number for Customer to place, and 3M to receive, software support calls. Over -the -phone software support calls may be placed twenty-four (24) hours per day, seven (7) days per week. Calls wiIl be addressed during 3M Software Support Coverage Haas in the order they were received. WHAT 6S NOT COVERED: The basic maintenance fee does not include, and 3M is not obligated to provide or perform repair of damage or increase in service time caused by () failure of Customer to provide continually a proper operating environment and supply of power as prescribed by the Equipment manufacturer, (ii) accident; (i) Acts of God, including but not limited to fire, flood, water, wind and lightning; (iv) neglect, abuse or misuse; (v) failure of Customer to follow 3M's published operating instructions; (vi) modification, service or repair of the Equipment by other than 3M authorized personnel; (vi) use of Equipment for purposes other than for which designed; (viii) painting or refinishing the equipment; (ix) relocation of the equipment; (x) replacement of broken or damaged cabinetry; to include Items such as lattices, base covers, book check covers, etc.; (xi) electrical work external to the Equipment; (xi) cosmetic restoration (e.g., filling of holes in floor or walls, plugging or wire run openings, removal of tape residue, etc.) after removal or relocation of equipment for any reason; (xfii) restoration of Equipment performance when ft has been degraded by placement of unauthorized interference sources wither the affected range of said equipment; (xiv) service requests related to use of markers (strips) other than those manufactured by 3M or its authorized distributor(s), (xv) modification, or repair of the 3M Software by other than 3M authorized personnel; (xvi) use of the 3M Software for purposes other than for which designed; (xvii) virus 1 hacker activity; (xvifi) Non-3M Software related updates and upgrades including, but not limited to, Operation System, Anti -Virus, Intrusion Detection RENEWAL: This agreement Is NOT automatically renewable. if a renewal agreement is offered by 3M, the agreement price quoted will reflect the age of the product and the service costs at the time of renewal. ENTIRE AGREEMENT: This instrument sets forth the entire agreement between the parties, and no representation, promise or condition not contained herein shall modify these terms whether made prior to or subsequent to the execution of thls agreement 3M 936469v1 UBRARY SYSTEMS SALES AGREEMENT BETWEEN 3M AND OAK CREEK PUBLIC LIBRARY Exhibit D 3M" Library Systems Product Performance Guarantee and Standard Warranty One Year Library Systems Product Performance Guarantee: Subject to the Limitation of Liability below, 3M guarantees your satisfaction with the performance of any 3M Library System Product for 12 months from the date of installation provided that al you are the original purchaser b) you have executed a one t11 year 3M Service Agreement for maintenance of the Library System product: and c) the product has not been subiected to abuse, misuse. accident or neglect. Performance means the product meets 3M published product specifications. If you are not completely satisfied with the performance of your Ubrary System Product, you may return the Library System product for a prompt refund. 3M will pay all reasonable de -installation and shipping charges to return the product to 3M. Note that all claims under this guarantee must be submitted to 3M within 12 months from the date of installation of the 3M Ubrary Systems Product. Failure to submit a claim within this time frame will invalidate this guarantee. IMPORTANT: Consumables and non- 3M branded products are excluded from this Guarantee. Warranty and Limited Remedy for Non -Software Library Systems Products Not Covered by Performance Guarantee: Unless stated otherwise in 3M product literature or packaging, 3M warrants that each 3M Library Systems Product meets the applicable specifications for a period of ninety (90) days from the date of shipment (or, in the case of hardware installed by 3M, from the dale of installation). Any warranties related to 3M software are contained in separate 3M software licenses. Consumables and non-3M branded products are excluded from this Warranty and Limited Remedy. 3M MAKES NO OTHER GUARANTEES, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OR CONDITION ARISING OUT OF A COURSE OF DEALING, CUSTOM OR USAGE OF TRADE. You are responsible for determining whether the 3M product is fit for a particular purpose and suitable for your application. If the 3M product is defective within the warranty period and provided that a) the product has not been subjected to abuse, misuse, accident or neglect and b) you have notified 3M within thirty (30) days after the defect was discovered, your exclusive remedy and 3M's and seller's sole obligation will be, at 3M's option, to replace or repair the defective 3M product. limitation of Liability: EXCEPT WHERE PROHIBITED BY LAW, 3M AND SELLER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM 3M LIBRARY SYSTEM, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL. OR CONSEQUENTIAL, REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. Guarantee and Warranty Claims: For guarantee and warranty claims, and for service, call 1-800-328-0067. 3M 936469v1 AGREEMENT BY ANDBETWEEN THE CITY OF NATIONAL CITY AND 3M LIBRARY SYSTEMS THIS AGREEMENT is entered into this 19th day of November, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and 3M Library Systems, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ CONTRACTOR to convert National City Public Library's Radio Frequency Identification System (RFID) from the current proprietary Checkpoint RFID System to 3M ISO Standard RFID System. The RFID System is used for inventory, circulation, and security control for all library materials/resources, including books, DVDs, CDs. Audiobooks, Playaways, and mixed media. WHEREAS, the CITY has determined that the CONTRACTOR is one of the leading companies in the RFID systems industry and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PAR1IhS HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION Minh Duong, City Librarian, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Al Skinner, Senior Account Executive, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on the actual work performed, as set forth in Exhibit A. The total cost for all work described in Exhibit A shall not exceed $81,301.00. Payment is due within 30 days of completion of the work. The CONTRACTOR 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 CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 19, 2014. The duration of this Agreement is for the period of 12 months through November 18, 2015. 7_ DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR 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 CONTRACTOR hereby assigns to the CITY, and CONTRACTOR 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 CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any 2014 Agreement 2 City of National City and 3M Library Systems, Inc. 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 CONTRACTOR shall relieve the CONTRACTOR 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 CONTRACTOR nor the CONTRACTOR'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, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONSULTANTS, as the CON TRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR (S) shall require the SUBCONTRACTOR (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 CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CON TRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR T, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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 CONTRACTOR and each of its SUBCONTRACTOR (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 CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of 2014 Agreement 3 City of National City and 3M Library Systems, Inc. this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A The CONTRACTOR, in perfonning any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR 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 2014 Agreement 4 City of National City and 3M Library Systems, Inc. information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR 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, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. 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 CONTRACTOR 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 attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR (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, 2014 Agreement 5 City of National City and 3M Library Systems, Inc. and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, 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 insureds, 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 CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CON TRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. 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 CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "reiro" 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 CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 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 attomeys' fees. 2014 Agreement 6 City of National City and 3M Library Systems, Inc. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey'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 attomey'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, Califomia, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMLNATION. 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 CONTRACTOR. During said 60-day period the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 2014 Agreement 7 City of National City and 3M Library Systems, Inc. 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: To CITY: Minh Duong City Librarian National City Public Library 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Mary Ziles Contract Administrator 3M Library Systems Building 225-4N-14 St. Paul, MN 55144 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 CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CON TRACTOR 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. 2014 Agreement 8 City of National City and 3M Library Systems, Inc. ❑ If checked, the CONTRACTOR 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 CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. 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, except as follows. Exhibit B-1, 3M Selfcheck System Software License and standard terms, and Exhibit B-2, 3M Digital Library Assistant Software License, are incorporated into this agreement, except for any terms or conditions contained therein which conflict or are inconsistent with this Agreeement. To the extent there is inconsistency or conflict with any provisions of this Agreement and Exhibits B-1 and B-2, the terms of this Agreement shall control and take precedence. 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. 2014 Agreement 9 City of National City and 314 Library Systems, Inc. L 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 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 By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2014 Agreement 10 3M LIBRARY SYSTEMS (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) By: (Name) (Print) (Title) City of National City and 3M Library Systems, Inc. AGV/KIJ CERTIFICATE OF LIABILITY INSURANCE Page 3. of 1 DATE,(MLIIOD YYYY) 02r2Wf303.-4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED BY HOLD R THIS THE POU 1ES AUTHORI4EO CONTRACT BETWEEN THE ISSUING INSURERIS), IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies)must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Willis of Minnesota, Inc. c/o 25 Cent Hlvd. 0. Box 306i91 Nashville, TN' 37230-5191 CONTACT RAMP PHONE rArc No FxT� 877-945-7378 FAX ) arr. Noy888-467-2378 E-MAIL ADDRF55 Cart$-fioatemewillis. corn INSURER(S)AFFORDING COVERAGE NAJC# INSURER A: Old Republic Insurance Company 24147-001 INSURED 3M Company 3M Insurance .Department Bldg 224-5B-29 St. Paul, AIN 55194 I nr,.,ee. a nGn------ - __ --- _- __.__ INSURER B. INSURER C: INSURER D. INSURER E: INSURER F: ---.----- ..-.-,,..••••-• - NtnbWN 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. *IS TYPE OF INSURANCEADD'L i1SRG SUET mama POLICY POLICY NUMBER POLICY EFF POLICY EXP ,MMlnn,yyWl LIMITS A OENERALUABUTV • MWZY 301339 3/1/2014 / 3/1/2017 EACH OCCURRENCE $ 5,000.000 X COMMERCIAL GENERAL LIABLEN pgMpGEaggos CLAIMS -MADE X l OCCUR $ 1 000.000 MEDEXP(Any one person) $ 10.000 PERSONAL SADV INJURY GENERAL $ 5.000 000 AGGREGATE $ 5.000.000 GEM AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG 3 5,000,000 7 7 POLICY n gR fJ LOC 3 A AUTOMOBILEUAUILITY MWTB 300812 3/1/2014 3/1/2017 OMBINED SINGLE UMI7 a accitla�0 $ 2,000,000 X ANY AUTO ALL OWNED —SCHEDULED BODILY INJURY(Perperson) E A AUTOS _AUTOS BODILY INJURY/Per/accident)$ ALTOS _A��EDHIRED (e �)AMAGE (Per $ $ UMBRELLA MS _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE DED RETENTION $ (i 3 A WORKERS COMPENSATION ANDE►PLOYERS'LIABILITY YIN MWC301338 00 3/1/2014 3 1/2015 X wlesra)U- o1H- ITDRYIIMITC PR ANY PROPRIETOR/PARTNER/EXECUTIVE M EXCLUDED? I I NJA E.L EACH ACCIDENT 2,000,000 1OMFFICERRIIMEM pE�R Fryye des�rIDeNur10er E.L.DISEASE - EA EMPLOYEES 2,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES (AthchAcord 101, Addbodal Remarks Schedule, X more space Is required) rCn,IG•,ATI uA. nn. ANCELLATION Evidence of Coverage • SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATIOA DATE THEREOF, NOTICE HALL BE DELIVERED IN ACCORDANCE WTH THE POUCY PROVISIONS. AUTHORED REPRESENTATIVE Co11:4346392 Tp1:1776030 Certe11175026 01988' 010ACORD CORPORATION-Allrights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260 OF THE NATIONAL CITY MUNICIPAL CODE BY UTILIZING THE AGREEMENT BETWEEN 3M LIBRARY SYSTEMS AND OAK CREEK PUBLIC LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH 3M LIBRARY SYSTEMS FOR THE PURCHASE AND INSTALLATION OF AN INTERNATIONAL STANDARDS ORGANIZATION RADIO FREQUENCY TAG AND THEFT DETECTION SYSTEM FOR THE NATIONAL CITY PUBLIC LIBRARY IN THE NOT TO EXCEED AMOUNT OF $81,301 WHEREAS, the National City Public Library has been using Checkpoint proprietary Radio Frequency Identification ("RFID") Tags and Security System with service and maintenance provided by 3M Library Systems ("3M"); and WHEREAS, Checkpoint has recently ceased production of system components and service parts; and WHEREAS, to maintain support to the few customers still using Checkpoint Microchip, 3M is working with refurbished components to service the Library's Checkpoint equipment: and WHEREAS, the library industry has migrated to the International Standards Organization Radio Frequency Tag and Theft Detection System ("RFID"), which are universal and compatible with any equipment, and can be maintained by any service provider; and WHEREAS, the National City Public Library desires to replace the Checkpoint proprietary RFID System with the ISO standard RFID System; and WHEREAS, the City of National City will get the best price for the International Standards Organization Radio Frequency Tag and Theft Detection System by "piggybacking" the Agreement by and between 3M Library Systems and Oak Creek Public Library; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the Oak Creek Public Library's procurement procedures are in substantial compliance with National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement between the City and Library Systems for the purchase and installation of the International Standards Organization Radio Frequency Tag and Theft Detection System for the National City Public Library for the not to exceed amount of $81,301. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 18th day of November, 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: November 18, 2014 AGENDA ITEM NO. 22 ITEM TITLE: Request to use Martin Luther King Jr. Community Center (North & South Rooms) by National City College Campus Lions Club for their 7th annual Spirit of the Holidays toy and food giveaway to needy families of National City, on Saturday, December 20, 2014. Applicant anticipates approximately 300- 350 families/children will be attending this year's event. The applicant is requesting a waiver of fees. PREPARED BY: Kathy Guzman PHONE: 336-4580 EXPLANATION: DEPARTMENT: Engineering/Public Works APPROVED BY: r National City College Campus Lions Club is requesting the use of Martin Luther King Jr. Community Center (North & South Rooms) for a Spirit of the Holidays food and toy giveaway on December 20, 2014. Cost are as follows: Fees: Non-Waivable/Non-Refundable Fee Refundable Deposits: Hall Fee • $ 562.88 Facility Use Fee $50.00 Cleaning $100.00 Custodial $ 280.00 Key Deposit $100.00 Chairs/Tables $ 35.00 Total $200.00 Total $ 877.88 The total fees, including the non-waivable/non-refundable Facility Use fee, is $927.88. There is also a refundable deposit of $200.00. The event is not a City -Sponsored or co -sponsored event, but is consistent with Policy 803 governing the use of the Martin Luther King Jr. Community Center. FINANCIAL STATEMENT: APPROVED: �76� Finance ACCOUNT NO. APPROVED: MIS 001-41000-3572: $647.88 626-416-223-102: $280.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Letter from National City College Campus Lions dated October 21, 2014 Facility Use Application Certificate of Liability Insurance Council Policy 803 • ECEIti ENGINEERING DEPT. 2114 OCT 21 P 1= 32 City of National City Facility Use Application Rev.6/28/11 app(tc041- is Rear s-ttng «- (kW WY 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 Martin Luther King Jr. Building North Room South Room Entire Facility Date(s) of Use: /}-ab-/+1/ Day(s)ofUse: )a -AO Time of Use: From: PM To: /1 ° AM/PM - INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity:4'01,i . O . ') p /,/olt ciQy s Is the event open to the public? 4/e) Name & Address of Organization/Group:,d/iliona/ egy Cave C ,__ L'crrtfJfe' jai) I1S' Non- profit organization 4 No Tax ID # Anticipated Maximum Attendance pLtp , ni/;er Percentage of National City Residents /pQ �¢ Will Admission be chimed? 4VD Amount $ Will this be a Fund Raising Event? .,t/D Equipment Requested: ap # of chairs Podium/Microphone ad if of banquet tables j Stage I **PLEASE ATTACH SEATING DIAGRAM! Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes ► Use of Gas for Range and Oven: Is the Use of Alcohol Requested? wv Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes Name: ijk a, /72 ia, Phone: (/9J Y?y D9 j7 Name: Phone: Yes 455 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 andpolicies, 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 107A 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: QG-t, a 1, ably PRINT NAME: I0/4»Crt %%%u/ir SIGNATURE: ADDRESS OF APPLICANT:,S' W<s/ / 8 CITY, STATE, AND ZIP CODE: 4/ C. Call' ',Ea PHONE: DAY OF7T FAX NUMBER: yJy-d 712 CONTACT PERSON ON THE DAY OF THE EVENT: ,„6)korai yf'd/,iy. PHONE: ((eY) Y2' Oy) j CELL: (h!r) } 72 —25 7 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 Stuff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO -2- 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: A/,C, C Person in charge of activity: lige ea►ripar Lions Clah ,RfnM,- h'>d//i�o •..riehe�Se ue4 Address:s 14.1P,r4 2'11 S.". ,ati1a4t2l eily c! gl2e'D Telephone:( ) 92y-erg )7 E-Mail: S'np; , Ao lidys f1C Py mar ),Cd H9 City Facilities and/ or property requested: iv) L. k Date(s) of use: ja -ao- Jy HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use pern it 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 clairns, 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 pd.2-I ao/y Date Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: 1de wit! c nucut+ w;1A Fire Fi<yA.irr r as Ud[eerdee Q-S 4.)eU .ai 1-he lire tar4',4Q/ u)k6 r�Jtli lac 1 ;a4e wi-dk 1-4e c NDwer./4 Inbniiies c.t)iU tihe ou�.s:de and Come I Inc 6y one YES )[ NO (lave you hired any Professional Security organization to handle Security arrangements for this event? if YES, please list: Security Organization: Securi,'ty Organization Address: Security Director (Name): Phone: -4- Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: MrI .Ap pl ;cade 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: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: North Hall Occupancy: Dance 470 Dine 225 Martin Luther King Community Center 140 E. 12th Street National City, Ca. 91950 South ti 41 East West North -6- National City College Campus Lions 5 West 18d' Street National City CA. 91950 Phone (619)474-0979 Fax (619) 474-0772 October 21, 2014 To: Director of Public Works Spirit of the Holidays is Sponsored by National City College Campus Club serving as the "Principal Organization "along with other communities and organizations in National City. We provide Christmas dinners and toys for low income families of National City. We are a non- profit organization serving Sprit of the Holidays for 7 years. We would like to reserve the Martin Luther King hall for December 20, 2014; for our Christmas event. We would like to know if you can waive the fees for the use of the hall on this day. Thank You Co -Chair for Sprit of the Holidays AC9Rli DATE iMIW> 10/22/2014 T!)IS ATE 18 ISSUED AS A ',UTTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERI1IFICA DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF LIABILITY INSURANCE IMPORTANT: If the certificate holder I an ADDITIONAL INSURED, the pol cy(ies) must be endorsed. If SUBROGATION IS WAIVED, ei9,J the terms end conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights 1 certificate holder in lieu of such endoreement(s). PRODUCER Willis of Illinois, Inc. 425 N. Martingale Road, Suite 1100 Schaumburg, IL 60173 INSURED College Campus Lions National City Califomia We John Adams s 1-800-316.8705 o1 sciubs@willis.cam INSURERS) AFFORDING comma E1$URER A : ACE American Insurance Company WRIER 6: u/. No1: 1-888.467-2378 NAIL 22687 INSURER C : INSURER D INSURER E : COVERAGES • NSURER r : •..e.awvn.nVmsiGR. THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TV 4TR TYPE OF INSURANCE AMASON aLSR MVO POLICY NUMBER 1agA) 11111 LINES A eENEaAt X LABILITY commascommassi GI AL LASSEN HDOG27336395 09/012014 09/01/2015 EACH OCCURRENCE $ 1,000.000 I $ 1,000,000 d.AJNSMADE X OcCU MF.A FJIP (Wong Tiaeor0 S 5.000 X Agg, Per Narped Insured mason& art v INJURY s 1,000,000 is $2,000,000 GENERAL AGGRETE a 10,000,000 GEM. AOGRE1�M1ELIMITAPPLIES PEEL .PRODUCTS-ooniPfaaAGO $ 2,000,000 S A AUTOMOHAELIABILITY X. ANYAUTo HIRED AUTO X A OStlen -Joerisf ISAH08827552 09/01/2014 09/01/2015rvls 12 :(Y.EIJMR s 1,000,000 pvlrnrRY(P.rmum) s BODILY N;xxirTer S s s S UMBRELLA LOAD EXCESS LIAR OCCUR CLAIMS -MADE Encic OCCURRENCE E $ AGGREGATE $ IED 1 RETENTIONS $ WORKERS COMPENSATION N IA - IAySTATsU- 1 Ica - AND ANYP O 'ITY YIN ARC 1OFFICER/EMBER EXCLUDED yes'�� EL FACIlAOCIDENT $ EL. *SEAS - EA EMPLOYEE S ELDISEASE- FOGGY LIMIT S DESCRIPTION OF OPERATIONS., LOCATIONS t VEHICLES (Attach ACORO 101, AddMn., 1Remark: Schedule, If mom space is respired) Provisions of the policy apply to the named insureds partiapation in the following activity during the policy period shown above: 12/20/14 City of National City CA., 1243 National City CA.91950 is included as an Additional Insureds), Curt only with respect to General Liability arising out of the use of premises by the Insured shown above and not out of the sole negligence of said additional PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES CERTIFICATE HOLDER CANCELLATION City of National City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1243 National City Blvd. National City California 91950 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORNEOREPRE$ENTATNE e4 ACORD 25 (2010/05) 01988-2010 ACORD CORPORATION. All rights resented, The ACORD name and logo are registered marks of ACORD FUP FEE WORKSHEET -(MLK, RECS. KSC/CASH, NUTRITION) Event/Group Name: "Spirit of the Holidays" -.National City College Lions Resident? Yes Date(s) Rqsfd: Saturday, `December 20, 2014 Facility: MLK Time of Event: 5 00 am - 100 pm # Hops: 8 �# people: 350 Frequency: One Time: X Shoferm: t On -Going: Council Date: August 19th at 6:oopm in Council Chambers at City Hall RENTAL RATES Hourly Rates Total MLK (for dining) People South North Entire Q,yt Chase Notes 0-73 $23.45 n/a n/a $0.00 73-149 n/a $70.36 n/a 8 $562.88 150-221 n/a $87.97 n/a $0.00 222-294 n/a n/a $117.26 $0.00 MLK (dance/assembly) 0-100 $23.45 n/a n/a $0.00 101-157 $29.32 n/a n/a $0.00 158-300 n/a $70.36 n/a $0.00 301-472 ' n/a $87.95 n/a $0.00 472-630 n/a n/a $117.26 $0.00 Rec. Centers & Casa varies --- -- $23.45 $0.00 Kimball Senior Center 0-149 - -- $70.36 $0.00 150-221 - - $87.97 $0.00 Service Clubs Only $100.00 per month Months: $0.00 KITCHEN ($50 mint $50.00 $10.00 per hour Hours: $0.00 MelliiiiblustrzEE 1 $50.00 Cu$J9Pi 4L (Depipyvl ti e Duration $22/hr reg, or $35/hr OT $35.00 4 $140.00 Setup/Cleanup time $22/hr reg, or $35/hr OT $35.00 4 $140.00 1-100(2hr), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10hr) CSD STAFF(Dep/CSD) $11.00 per hour Hours: $0.00 gQUIP: chairs: $0.75 each Qty: 20 $15.00 tables: $1.00 each Qty: 20 $20.00 TOTAL FEES $927.88 PEPOSITS Kitchen: Cleaning : Key Deposit $60.00 $100,00 $100.00 Refundable Refundable Refundable $0.00 1 $100.00 1 $100.00 Total Deposits: OWY N ACCOUNTING: $647.88 001-41000-3572 $280.00 626-416-223-102 $0.00 001-441-000-100 $927.88 Fees/Council Date reviewed/confirmed with: Date: Notes: CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR (JSL OF POLICY 803 THE MARTiNLUTHER KING JR. COMMUNTJY CSNT1 . AND GRANGER NUMBER ADOPTED: _ August 10,1993 AMENDED OR September 16, 2008 REVISED Purpose Page 1 of 3 To establish a.policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. 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 Na- tional City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the nse 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. 12th 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 organisations conducting activities,.any profit -malting 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 -10- FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTffF R 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, fiindraisers 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 LU t't .ER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HAIL 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 faafities; 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.bythe Community Services Department. The City Council further recognizes that a fee is appropriate inmost circumstances, particularly to recover the City's cost to provide and/oi 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. 12th Street 2. Granger Music Hall City facilities may not be used by any person or groupfor 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 -12- GUIDELINES AND_ REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 8 Exclusions 8 Applicant'Eligibility . 9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 RATES 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 11 PAYMENT 11 General Kitchen • Cleaning Facility Use 12 KEYS 12 SET-UP DIAGRAM 12 DECORATING 12 RESTROOMS . . . 13 INDEMNIFICATION .13 4 INSURANCE 13 ALCOHOL REGULATIONS" 13 SECURITY 14 SMOKING 14 FINANCIAL STATEMENT 14 LOAN OF FACILITY EQUIPMENT 15 NON-DISCRIMINATION 15 5 -14- CATEGORIES OF USE — BY PRIORITY Category Use . ' . Fees Required Approval I. City Events organized or spOnsored by the City. No Fees . Community Services Director IL Custodial Fees • • . . Community Services Director . City employee groups for official meetinp. For otheethan official meetings, functions will . be classified byuse. IIL . . . Educational Groups. Educational activities organized by any school located in National City. Council Approved Rate . ' City Council • . IV. • Govenimental Agencies Council Approved Rate City Council V. Civic groups/Service Groups Connell Approved Rate City Council VL ' Advocacy. An inahridual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) forum. Council Approved Rate . City Council VII. - • . . Social Groups. National aty 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 °Moans Of the Organization, and with at• least 70% of its active membership comprised of residents of the City of National City. A non- priafit organization is one . whose articles of incorporatitin as non- profit have been indorsed 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 1 C_ the payment of these taxes by the State ' franchise Tax Roard, . VIII. • • Other. Proposed use not falling readilY into of Council Approved Rate . • City Council . P= the above use categories will require City Council 84Vrowil XI. 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 rion-reshient groups. Groups with-70% or inore group members who reside in National City will be considered Resident Groups. 7 -16- CATEGORIES OF USE —FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Key . Deposit Cleaning Deposit Facility Use Fee L City Event ' No Fees None None . None None None II. Employee Oroup Custodial fees None - None ' None None None 1•II. 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 VL Advocacy Group Council Approved Rate Required Required Non- waivable Refundable' Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VIf. 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 XL Private Council Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable _ Refundable Required Non - waivable Refundable Approved Rate 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 sales. 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 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO.23 ITEM TITLE: Temporary Use Permit — "Christmas with Kids" hosted by Christmas with Kids National City at 223 E. 3rd Street on December 25, 2014 from 7 a.m. to 11:30 a.m. The applicant has requested a waiver of fees. PREPARED BY: Marley Rivera PHONE: f(619) 336-43641 EXPLANATION: This is a request from the Christmas with Kids National City organization to conduct the "Christmas with Kids" event at 223 E. 3rd Street on December 25, 2014 from 7 a.m. to 11:30 a.m. This event has been taking place at the King's Residence for 40 years here in National City. Since the passing of Mr. King, other community groups have taken up this charity that provides bicycles to underprivileged children. This event starts early Christmas morning and television networks will be there broadcasting throughout the morning for this event. DEPARTMENT: NeigjXborhoJd Services Division APPROVED BY: Street closures are being requested on E 3rd Street between 'B' Avenue and 'D' Avenue starting at 6 a.m. to 11 a.m. Note: In 2013, City Council did approve the waiver of fees associated with this T.U.P event. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. I APPROVED: MIS The City has incurred $237.00.00 for processing the TUP through various City departments, plus $337.70 for Public Works. Total fees are $574.70 pNVIRONMENTAL REVIEW: N/AN 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: NlA1 ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Parade Demonstration _ Circus _ Motion Picture _ Grand Opening \_ Other� Event Title: C.N(\i i STt�',.1SS L4) i \ i:\ as. 1�tci4\ \ Event Location: 22 3c.ai- 3 cd S� �Ua-a-,u43 C,+n Event Date(s): From 1z12,/?Al tto 4104 Actual Event Hours: 1165 Ib'pm to 11' ®/pm Total Anticipated Attendance: Community vent Block Party ParticipantsA0 Spectators) Setup/assembly/construction Date: Start time: 5; W aW Please describe the scope of your setup/assembly work (specific deteils): tr,cr t.cc tS0j ems, \li od 3` a 3 A 3 "a - " 13 ,. I:A-cycles a h ! 46i - QM" Dismantle Date: 11-4hbti Completion Time: 1r-10 daprri List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day a d Mite of reopening. 3r F Ave- C1v5e w - AG." Td\ ' - closed 6/re' - 110 Sponsoring Organization: C1` 1SIVkO,s 1,.�► � \A' 5 ,ona` Chief Officer of Or tion (Name) lb'\CLan —VC U r• Applicant (Name): ZV S SP�1.t I V \!o r s ov Address: ?-C)r 11151c> t3ce5o C t a2\77 -135C 231; to; Daytime Phone: 33Z \O f Evening Phone: Fax: (_, E-Mail: 1 03 Contact Person "on site" day of the event: Cellular: iM NOTE: THIS PERSON MUST BE IN ATTENDA CE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? i—YES — NO Are admission, entry, vendor or participant fees required? _ YES NCB If YES, please explain the purpose and provide amount(s): 1J/R $ ` Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 5(2P0 Estimated Expenses for this event. $ — C:73" 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 detalis regarding any components of your event such as the use of vehicles., animals, rides or any other pertinent information about the event. Cht\ eve ` sees b���� \',�,� otx s4e.._\k a�oU,c .1r& veMUQ chroo r\A > a ;:; *c 9-- SOtin cis0,01 6-\\ Aea Nv\c)c+ft4.41 e \ de ,s \s t k \ a -to < vio,w _ YES 'y NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list anyiadditional dealers involved in the sale: _ YES L'' NO Does the event involve the sale or use of alcoholic beverages? _ YES ENO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES NO Will the event involve the use of the at or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS _ELECTRIC _ CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) bles # and Chairs lTFencing, bamers 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 ther related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retuned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan r clean- and removal of waste and garbage during and after the event: 210 Vokoy , is us ,k,Ng/ Wit-, Please describe your procedures for bot Crowd trol and Internal Security: •Rar 6-c 6Zr, NO\ o c•. \'( \N- ePAS Owet oT 0-6s1 S'� S4 c.. pc- YESNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES)( NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Plgase indicateindicate,what arrangement yO ve rnayou a1da for pttovidin Fi st Aid Staffing d quipment. e..4 wvt StutS Sl �.de t Va sys ()- 5� P e se describe your Accessibility Plan for cess at your nt r y i dividu with disf ilities: 51re, ctst-i+ Std�W�� rout envby Please provide a detailecl desd iption of rur'PARICING plan: PI ase describe your,plan f r DISABLD PARKING: Please describe your p ans to not,,i,�ff[y,��a(`resiclen , businesses and chtirches impactect by tit 1.4‘,‘ event: 1,.-DcZ vo\ur \( cbma % r FIM' �(`2S a� 6v, ., i °," s �S 2-3 oc.9.s C \ was *oaf wl NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. er YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: 0 Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YESNO Will sound checks be conducted prior to the event? tf YES, please indicate: Start YES time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES ,�"NO Any signs, banners, decorations, special lighting? if YES, please describe: Revised 02/29/12 City + 11ItionaI City PUBLIC PROPERTY .USE.HGLD.HARMVILESS AND INDENINIFICA'TIONAGAtt IE i' .K.r 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. 1 Organization 1.��`CkS�a. S\ \C Y(1C\ )\\r�i'1 2 C21 ar ,fk)/ \ L Nk"5,1•c � , e Cc 2A l- b 5 Date(s) of Use 121242014 Person in Charge of Activity Address Telephone`% 232 © 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 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 �rtasux-er /2'1 )z6 14 For Office Use Only Certificate of Insurance Approved Date J • New Image Custom Zook's Earl Best Mamas s It Furniture Center ;t6s 4aniture mictronics Toys/Bicycles given away here. Explorer Builder Supply El 3 Leather.corn N/4 t Ates Armor mititutornotiva 7 Project Concern InternaBolloi olds' Balloons] City Auto Body (x,.; CS e .:1 k- ---',•,-.-.. • -,,, 4 , Booed Samaritan Church E. JoiMion Inn /*Bong- Ei Camino National City fi E.Aost es" E.316sA bIN c:3 7 ro CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Christmas with Kids National City EVENT: Christmas with Kids National City DATE OF EVENT: December 25, 2014 TIME OF EVENT: 7A.M. TO 11:30 A.M. APPROVALS' DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 BUILDING: No comments. PLANNING: No comments. ENGINEERING: No comments. RISK MANAGER (619) 336-4370 Besides the required insurance certificate and endorsement, all looks ok. We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division Parks has no involvement Facilities Division Facilities has no involvement Streets Division 1. Staff will close 3' ST and remove barricades when the event is over. 2. Staff will post no parking signs along affected streets before the event. 3. The cost to provide Street personal support for the event is estimated to be: Signs Barricades Equipment Labor OT Labor FINANCE 20 X $0.45 = $ 9.00 8 X $0.35 = $ 2.80 4 X $16.34 = $ 65.36 2 X $32.57 = $ 65.14 4 X $48.85 = $195.40 $337.70 thought this program was sponsored by "Christmas in July". Is "Christmas With the Kids" a new organization? If so, they will need to apply for a business license. They are non-profit so will not need to pay. They just need to submit a B.L. app with proof of "non-profit" status. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) The Fire Department has no comments or cost for this event If you have any questions please feel free to contact me. POLICE During their unobligated time, we can have our on -duty officers extra patrol during this time period. The PD has no other stipulations, just as long as Public Works puts out the requested barricades for the street closure and then later picks them up. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO24 ITEM TITLE: Report to the City Council regarding implementing attendance requirements as a condition of serving on Boards, Commissions, and Committees. PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: Please see attached memorandum. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Accept and file. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Report Mayor Ron Morrison Council Members Louis Natividad Alejandro Sotelo-Solis Mona Rios Jerry Cano f t '�`►g. g7 Office of the City Attorney MEMORANDUM City Attorney Claudia Gacitua Silva Senior Assistant City Aftorney Elisa Cusato Deputy City Attorney Jennifer Knight TO: Mayor and City Council DA 1'h: November 18, 2014 FROM: City Attorney SUBJECT: Implementing Attendance Requirements as a Condition of Serving on Boards, Commissions, and Committees The City Council recently inquired as to its options in implementing attendance requirements for City Boards, Commissions, and Committees. This Memorandum addresses the inquiry and sets forth various options available to the City Council. I. Title 16 Addresses the City Council Created Boards, Commission, and Committees, and Can be Amended to Include Attendance Requirements. In 2013, the City Council adopted Title 16 of the Municipal Code which consolidated and streamlined the various resolutions and actions that had occurred over the years, regarding boards, commissions, and committees. Title 16 devotes a chapter to each existing board, commission and committee, specifically addressing the creation of each body and the applicable terms of office. As part of this enactment, the Council adopted a requirement that in the event a body adopts by-laws, the by-laws must include an attendance requirement. Some bodies have by- laws and other bodies have not yet adopted such by-laws. Thus, not all of the boards, commissions, and committees (collectively described as "bodies") have existing attendance requirements. Appointments to these bodies are made pursuant to existing state law, in which the Mayor is generally the appointing authority, subject to the City Council's approval of the appointment. Government Code § 40605. In the absence of a term of office, the general rule is that the appointee serves at the pleasure of the appointing power. Government Code §§ 1301 and 36506. While state law addresses appointments generally, the requirements of serving on a locally appointed local body is left to the appointing authority. The appointing authority that creates the local body may abolish or change the tenure of the office, unless restricted otherwise by state law. Martello v. Superior Court in and for Los Angeles County, 202 Ca1. 400 (1927). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Thus, unless otherwise addressed by state law, the City Council can establish by ordinance, requirements for serving on a board, commission, or committee. A. The City Council Has the Authority to Establish Minimum Attendance Standards. As discussed above, the City Council can establish minimum standards for serving on a board, commission, or committee. Accordingly, the City's locally created boards, commission, and committees can have attendance standards imposed'. B. The City Council Has a Range of Options In Determining How to Impose Attendance Requirements. The City Council can adopt minimum attendance standards by ordinance. The question becomes what should be the minimum attendance standard? In contemplating a standard, the City Council may want to consider that various bodies meet a differing number of times throughout the year. Below is a table of the bodies and the number of regular meetings they hold as established by Title 16. Board of Library Trustees (16.01) At least one regular meeting per month. 12 meetings per year Civil Service Commission (16.02) Regular meetings once every other month. 6 meetings per year Committee on Housing and Community Development (16.03) At least one regular meeting per year. 1 meeting per year Community and Police Relations Regular meetings once every three months 4 meetings per year Commission (16.04) Park, Recreation and Senior Citizens' Advisory Committee (16.05) At least one regular meeting every two months 6 meetings per year Planning Commission (16.06) Two regular meetings per month 24 meetings per year Public Art Committee (16.07) One regular meeting quarterly 4 meetings per year Traffic Safety Committee (16.08) 4 One regular meeting each month 12 meetings per year In reviewing the City's created boards, commissions, and committees, state law does not establish minimum attendance standards for these local bodies. Staff Report November 18, 2014 2 Implementing Attendance Requirements as Condition of Serving on Boards, Commissions, and Committees As demonstrated in the table above, each body has its own minimum number of regular meetings. The range in number of meetings is quite considerable and may be a factor in determining an attendance standard. For example, if the Council were to adopt a requirement that any member who misses three meetings in a row has failed to meet the minimum attendance requirements, then that would amount to missing 75% of the meetings for a body that meets only four times per year as opposed to missing 25% of the meetings for a body that meets twelve times per year. While this would have the effect of disproportionately affecting some of the bodies, it is an admittedly easier requirement to administer. 1. Certain Bodies Have Currently Existing Attendance Requirements. Some boards and commissions have existing attendance requirements in their by- laws. Specifically, the Civil Service Commission, Community Police Relations Commission (CPRC), and the Planning Commission have by-laws with attendance requirements, summarized as follows: a. Civil Service Commission. Commission membership terminates if a member has: 1) three (3) consecutive unexcused absences from meetings, whether regular or special; or, 2) three (3) absences from regular meetings in a calendar year, whether excused or unexcused; or, 3) one unexcused absence from a meeting held for the purpose of conducting a disciplinary hearing; or, 4) absences from two disciplinary hearings, in their entirety, in a calendar year, whether excused or unexcused. b. CPRC. Membership shall terminate if a member has 3 consecutive unexcused absences from regular or special meetings, or 4 unexcused absences from regular or special meetings in a 12 month period. c. Planning Commission. Membership shall terminate if a member has 3 consecutive unexcused absences from regular or special meetings, or 3 absences from regular meetings, whether excused or unexcused. 2. Factors for Consideration in Determining a Minimum Attendance Requirement. An attendance requirement can be established in a variety of ways. A few examples are: a) minimum attendance requirements can be done across the board, so that the same requirement applies to all bodies (e.g. three unexcused absences in one year terminates membership); or b) Staff Report 3 Implementing Attendance Requirements as Condition November 18, 2014 of Serving on Boards, Commissions, and Committees each body recommends to the City Council what is an acceptable number of absences and/or the City Council makes a determination specifically for each body; or, c) adopt an across the board attendance requirement, but base it upon a percentage of meetings, such as missing 20% of meetings in a calendar year results in termination. While this is not an exhaustive list, it does provide a possible catalyst for discussion by the City Council. In addition, as the City Council considers whether and what type of attendance policy it seeks, the following list of questions is provided in effort to assist the Council in its discussions in developing an attendance requirement. a. Who should set the attendance requirement? Does the City Council prefer to impose a determined minimum attendance requirement or have the individual bodies make a determination subject to Council approval? b. Should the attendance requirement be based on a set number or on a percentage? Does the City Council prefer a firm minimum attendance/maximum absence number across the board, a number based on percentage of total regular meetings, or a firm number for each body based on number of meetings annually? c. Does whether an absence is excused or unexcused lead to different absence standards? Excused vs. unexcused absences: should there be a difference in determining an attendance requirement? d. Should there be a distinction in the attendance requirements between Regularly Scheduled Meetings and Special Meetings? Special meetings and unique situations such as special meetings for quasi-judicial hearings (disciplinary hearings by Civil Service Commission, permit revocation by Planning Commission) are not established by Title 16, nor are they necessarily set by the bodies when they establish their meeting calendar for the year. Special Meetings are generally set outside the normal meeting calendar. Given that such meetings present a unique situation, does the Council prefer to set a separate/different attendance requirement (as distinct from Regular Meetings), keep the same attendance requirement without distinction of whether it is a Special or Regular Meeting, or have the individual bodies address such situations? e. Violations of attendance requirement: does the Council want to hear the matter of the removal of the member with or without the recommendation of the underlying body? Staff Report 4 Implementing Attendance Requirements as Condition November 18, 2014 of Serving on Boards, Commissions, and Committees II. Summary of Options The City Council has asked what options it has regarding implementing attendance requirements. As detailed above, the Council can impose attendance requirements. There are numerous possibilities of what an attendance requirement can look like. In effort to assist the Council in their discussion and potential development of an attendance requirement, various questions for consideration were listed above. In summary, the Council can: 1. Direct the City Attorney to come back with a proposed ordinance imposing attendance requirements, consistent with the direction by Council; 2. Request more information before providing direction regarding a potential ordinance; or, 3. Accept and file the report. UDIA GA City Atto ey Staff Report 5 Implementing Attendance Requirements as Condition November 18, 2014 of Serving on Boards, Commissions, and Committees CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 18, 2014 AGENDA ITEM NO. p.§ ITEM TITLE: Report, discussion, and direction pertaining to Chapter 10.63 of the National City Municipal Code regulating sex offenders' proximity to children's facilities. (City Attorney) PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Please see attached report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Discuss and file report BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Report to City Council Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano TO: FROM: SUBJECT: Ty Office of the City Attorney MEMORANDUM Mayor and City Council City Attorney Sex Offender Proximity Ordinance City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Elise Cusato Deputy City Attorney Jennifer Knight DATE: November 18, 2014 I. Chapter 10.63 Restricts Sex Offenders' From Certain Facilities Where Children Are Present In 2005, the City of National City adopted Chapter 10.63, entitled Sex Offenders' Proximity to Children's Facilities. This chapter prohibited sex offenders from being "on or within three hundred feet of a public or private school for children, a center or facility that provides day care or children's services, a video arcade, a playground, park or an amusement center." After the City of National City adopted this Chapter, other cities followed with similar ordinances. At the time of adoption, state law was silent on such location restrictions for sex offenders. Since that time, the state has adopted various state laws imposing location restrictions. II. The California Courts of Appeal Have Held Local Regulation of Sex Offenders Is Invalid This year, the California Courts of Appeal have held that the California Legislature has preempted the field of regulation of sex offenders. These holdings limit the extent to which cities and counties may enact local regulations of where registered sex offenders may reside and be present. See, People v. Nguyen (2014) 222 Cal.App. 4th 1168; People v. Godinez (2014) 2014 WL 99188 (unpublished); and, In re Taylor (2013) 209 Ca1.App.4a' 210 (review granted by and pending before California Supreme Court). Specifically, the presence restrictions enacted by the City of Irvine have been held to be pre- empted by state law. The City of Irvine ordinance prohibited registered sex offenders from entering city parks and recreational facilities without written permission from the City's police chief. Nguyen is a registered sex offender who was charged with entering a public park in the City of Irvine without first obtaining written permission from the Irvine Police Chief. The trial court found that the local ordinance was preempted by state law. The Court of Appeal agreed. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 In its opinion, the Court of Appeal engages in a lengthy discussion about the principles of preemption and states, "[i]f the subject matter or field of the legislation has been fully occupied by the state, there is no room for supplementary or complementary local legislation, even if the subject were otherwise one properly characterized as a `municipal affair'." (Id. at 2, citations omitted.) The court defines the relevant field of the state legislation as "the restrictions imposed on a sex offender's daily life to reduce the risk he or she will commit another similar offense." (Id. at 6.) The court goes on to say, "we conclude the Legislature established a complete system for regulating a sex offender's daily life and manifested a legislative intent to fully occupy the field to the exclusion of... local regulations." (Id. at 7.) Further, the court states, Precisely how to restrict a sex offender's access to places where children regularly gather reflects the Legislature's considered judgment on how to protect children and other members of the public from the risk of a sex offender reoffending while also recognizing a sex offender's right to live, work, assemble, and move about the state. [Citations.] The Legislature's enactment of a comprehensive statutory scheme that includes significant restrictions on a sex offender's access to places where children regularly gather, but excludes an outright ban on all sex offenders entering a park , manifests a legislative determination that such a ban is not warranted... [Citations.] Accordingly, we conclude state law preempts [the local ordinance] because it fully occupies the field [the local ordinance] regulates. (Id. at 7-8.) As the body of case law regarding enforcement of local sex offender regulation has changed since Chapter 10.63 was adopted, the ability of the City to adopt and enforce our local regulation has been effectively removed. The current case law has affected many cities in similar situations who have thereafter repealed their ordinances. Discussion of Options Available to the City Council Given the current state of the law, the City's ability to locally regulate sex offenders' proximity to children's facilities has been preempted. This does not permanently preclude such regulation, should the state legislature revisit their statutory scheme and specifically allow local regulation. The City could pursue state law changes to address the preemption. In addition, the City could direct staff to research other allowable means and methods in which to protect children from sex offenders, in light of the Court of Appeal rulings. In the meanwhile, this Office does recommend the City Council repeal Chapter 10.63 of the Municipal Cod- :'ven the current state of the law. On this agenda is the repeal of the ordinance. IA GACI A SILVA City Attorne Staff Report 2 Ordinance Repealing Chapter 10.63 of the Municipal Code November 18, 2014 Regulating Sex Offenders' Proximity to Childrem's Faciltiies ITEM # 26 11/18/2014 Report on the City's Co -Sponsored 7th Annual Halloween Tower of Terror. (Fire)