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HomeMy WebLinkAbout2008 CON CDC National City Chamber of Commerce - Economic Development Programs / Building DebtAGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF COMMERCE THIS AGREEMENT is entered into this 12th day of March, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and the NATIONAL CITY CHAMBER OF COMMERCE, a 501 (c)(6) non-profit organization (the "CONTRACTOR") and the NATIONAL CITY CHAMBER OF COMMERCE FOUNDATION, a 501 (c) (3) non-profit organization (the "FOUNDATION"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide economic development services for businesses located in the City of National City. WHEREAS, the CDC has determined that the CONTRACTOR is a non-profit organization that provides a full range of economic development opportunities and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR . The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will 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 CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "B" to keep staff and City Council advised of the progress on the project. The CDC 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 CDC 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, not to exceed a factor of 5% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The Housing and Grants Division, Community Development Manager, hereby is designated as the Project Coordinator for the CDC 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. Jacqueline Reynoso, thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be charged to the CDC for each month of service. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "C" (the Base amount) without prior written authorization from the CDC. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A "as determined by the CDC. Funds will be disbursed to the National City Chamber of Commerce. The CONTRACTOR will bill the CDC for monthly payments retroactive to June 30, 2008 for administration of the Economic Development Programs already completed by not compensated for; After the effective date of this AGREEMENT, the Chamber will bill the CDC on a monthly basis. 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 CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC 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 CDC 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 CDC or the CONTRACTOR shall give to the other written notice. Within thirty (30) business days, the CONTRACTOR and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC 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. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit " D". 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 CDC for use with respect to this Project, and shall be turned over to the CDC 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 CDC 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 15 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC 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 employee of the CDC and are not entitled to any of the rights, 2 benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, 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 CDC 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 CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC 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 expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC 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 SUBCONTRACTORs, 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 this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the 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. 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 CONTRACTOR 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 CDC setting forth the provisions of this non-discrimination clause. 3 The CONTRACTOR shall not require participating businesses to become members of the National City Chamber of Commerce as a condition to providing services by the CONTRACTOR. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR 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 CDC. 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 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 CDC. 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 CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance 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 CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC 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 CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). 4 B. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. C. 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 CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. D. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. E. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. 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 "retro" date must be on or before the date of this Agreement. G. Any aggregate insurance limits must apply solely to this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City 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. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City 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 CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration 5 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. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. 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 CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. 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 CDC, 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 Tess any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC 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 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 the CDC: To the CONTRACTOR: Community Development Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Jacqueline L. Reynoso President/ Chief Executive Officer National City Chamber of Commerce 901 National City Blvd. 6 National City, CA 91950 Phone: (619) 477-9339 To the FOUNDATION: NATIONAL CITY CHAMBER OF COMMERCE FOUNDATION 901 National City Blvd. National City, CA 91950 Phone: (619) 477-9339 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 CDC. 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 CDC 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 CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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 CDC. ❑ 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 CONTRACTOR 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 CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which 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. 7 D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party 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. 8 COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY CHAMBER OF OF THE CITY OF NATIONAL CITY COMMERCE By: 11* Bra.4=4: xecutive Director APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Patti Finnegan, T NATIONAL CITY CHAMBER OF COMMERCE FOUNDATION By: Ss By: Steve South, Vice President Ditas mane, Secretary 9 EXHIBIT A Scope of Program Services SDSU Technical Assistance Program Administration 1. Serve as direct liaison with SDSU Program Staff 2. Market the Program to National City businesses and use as value tool for membership recruitment 3. Outreach to Chamber members, prospective members, and all other National City businesses 4. Respond to Program Inquiries 5. Host SDSU Technical Assistance Program Workshops 6. Work with SDSU staff to evaluate applications and select program participants 7. Prepare Semi -Annual Report to City Council Community Benefit Loan (CBL) Program Administration CONTRACTOR shall provide and deliver the following services as outlined below: 1. Market the CBL program to SDSU program participants. 2. Conduct outreach to all SDSU program participants and serve as Liaison with SDSU School of Business Administration 3. Conduct the CBL Workshop. 4. Organize the Loan Committee and host Committee meetings. 5. Administer the CBL Program according to the program guidelines established by the CDC. This will include taking applications for the program, underwriting, loan document preparation and loan closing. follow-up letters to applicants (eg. denial, request for more information, approval, conditional approval). 6. Execute Loan Agreements and serve as Liaison to City Staff including City Attorney's office, City Clerk, and Executive Director of Community Development (e.g. Loan Agreement b/w City and Business Owner, Deed of Trust, Security Agreement, etc. ) 7. Monitor Loan Disbursements and assure compliance with loan agreements a. Conduct follow up and business walk through b. Develop a file checklist and monitoring schedule for each loan recipient c. Collect annual reports from Loan recipients (sales tax, job creation, business improvements, etc.) d. MAINTAIN CONFIDENTIAL FILES 8. Prepare Semi -Annual Report and present to Council a. Total Number of Loans issued b. Document Loan Recipients (amount borrowed, amount expended, sales tax revenue growth, job created, jobs maintained, Business improvements c. Testimonials 9. Provide original loan documents and copy of file, as determined by CDC, to designated CDC employee for loan servicing. CDC shall render CREDIT CHECK services of the HOUSING AND GRANTS DIVISION to the CONTRACTOR at no additional charge to the CONTRACTOR. San Diego Regional Enterprise Program Administration CONTRACTOR shall provide and deliver the following services as outlined below: 1. Provide SDREZ program outreach to local businesses in various locations throughout National City 2. Serve as liaison to City of National City and SDREZ Partners 3. Work with City Staff and Partners on SDREZ City Council items 4. Meet with current and prospective National City Businesses and City Management to retain and recruit businesses to National City 5. Prepare SRDREZ presentations 6. Conduct SDREZ Workshops/ Seminars 7. Maintain Contact Log 8. Follow-up with business contacts 9. Attend SDREZ Partner meetings on an as needed basis 10. Prepare Semi -Annual Report to City Council a. Number of businesses contacted b. Number of Hiring Vouchers Issued and financial impact c. Number of Presentations/ Workshops/ Seminars conducted NCCC Mortgage Retirement CONTRACTOR shall fund raise $70,000 (Matching Funds) to retire the mortgage debt on the National City Chamber of Commerce building located at 901 National City Boulevard, which is owned by the FOUNDATION. The CDC will grant funds based on each dollar of Matching Funds to assist in the retirement of the entire mortgage estimated to be approximately $140,000. The CDC will match all funds contributed toward debt retirement as of January 1, 2008, which is consistent with the NCCC fiscal year (January —December). The CONTRACTOR shall: (a) provide evidence that matching funds have been raised, equal to, or in excess of the amount of the CDC grant. (b) deposit matching funds into a separate FOUNDATION account and shall be on deposit at the time of request for payment for grant funds. (c) Matching Funds shall be held in a separate account and are restricted for use by the CONTRACTOR to the payment of the mortgage, and as noted below, for capital improvements after debt payment is satisfied. (d) Any matching funds and grant funds exceeding the mortgage payoff amount (up to $140,000) may be used for NCCC capital improvements. (f) Capital Improvements must be approved by the CDC prior to proceeding with proposed improvements. 11 EXHIBIT B Meeting Schedule and Reports The Contractor agrees to meet on an as needed basis and to provide information covering the Scope of Work. Contractor further agrees to provide updated quarterly reports to demonstrate progress made toward achieving their stated goals: o CBL and SDREZ Outreach (Number of businesses contacted, Number of Hiring Vouchers Issued and financial impact, Number of Presentations/ Workshops/ Seminars conducted) o Status (pipeline report) of CBL loan applicants o Status of Mortgage Retirement (account statement) and efforts in regards to fund raising 12 EXHIBIT C Fees for Services Fee Type Amount Frequency Description of Work Program Administration o SDSU Technical Assistance Program o CBL Loan Program o SDREZ $12,500 Quarterly Program administration as described in EXHIBIT A Billing sent monthly and semi-annual reporting and backup per Exhibit "A". 13 EXHIBIT D Length of Agreement The term of this Agreement shall commence on July 1, 2008 and end June 30, 2009. At the sole discretion of the CDC Executive Director, this agreement may be extended for an additional 48 months if warranted. The CONTRACTOR shall have 5 years from the date of this agreement to collect matching grant funds. 14 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID MR NCCHAMl DA,E(MM/DD/YYYY) 12/22/08 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone: 858-452-2200 Fax:858-452-6004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED National City Chamber of Commerce 901 National City Boulevard National City CA 91950 INSURER A: Maryland Casualty Company INSURER B: INSURER C: INSURERD: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AUU"L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY PAS38912516 09/22/08 09/22/09 EACH OCCURRENCE $ 2 , 000 , 000 PREMISES (Eaoccurence) $2,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4, 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY PRO- JECT A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS38912516 09/22/08 09/22/09 (EaCOMBINED SINGLE LIMIT CO accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below ST01 H- TOYRLIMITS EREMPLOYERS' EACH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *Except 10 days notice for non payment of premium. THE CERTIFICATE HOLDER, ITS OFFICERS AND EMPLOYEES ARE NAMED ADDITIONAL INSUREDS WITH RESPECT TO GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION NAT1002 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 92050 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. pAUTHOgITiD NTI� •REPRESE,...y/ 0ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID MR NCCHAMI DATE(MM/DDIYYYY) 12/30/08 EXTEND OR BELOW. PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone: 858-452-2200 Fax: 858-452-6004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INSURERS AFFORDING COVERAGE NAIC # INSURED National City Chamber of Commerce 901 National City Boulevard National City CA 91950 INSURERA Maryland Casualty Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR D M TYPEOFINSURANCE POLICY NUMBER DATE (MMJFDEDm)E POLICY (MMIDDIYY))N LIMITS A X GENERAL LIABILITY COMMERCIAL GENERALLIABILITY PAS38912516 09/22/08 09/22/09 EACH OCCURRENCE $ 2 , 000 , 000 X PREMISES (Eatoccurence) 32,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 , 0 0 0 PERSONAL 8 ADV INJURY $ 2,000 ,000 GENERAL AGGREGATE $ 4, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGO $ 4,000,000 POLICYin PRO- JECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS38912516 09/22/08 09/22/09 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? It yes,.describe under SPECIAL PROVISIONS below WCSTAIU- OIH- TORY LIMITS ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Except 10 days notice for non payment of premium. THE CERTIFICATE HOLDER, ITS OFFICERS AND EMPLOYEES ARE NAMED ADDITIONAL INSUREDS WITH RESPECT TO GENERAL LIABILITY PER ATTACHED CG2012 05/09. RE: AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF COMMERCE CERTIFICATE HOLDER CANCELLATION NAT10 02 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO REPRESENT/IVE Zi, ACORD 25 (2001/08) ®ACORD CORPORATION 1988 POLICY NUMBER: PAS38912516 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As Required By Written Contract or Agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. "Bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury' or "property damage" included within the "products -completed operations hazard'. CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ CERTIFICATE OF LIABILITY INSURANCE OP ID NCCHAMlACORD DATE(MMIDDIYYYY) 12/30/08 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone: 858-452-2200 Fax:858-452-6004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED National City Chamber of Commercg 901 National City Boulevard National City CA 91950 INSURER A: Maryland Casualty Company INSURER B: INSURER C: INSURERD: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ta10D L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIODIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PAS38912516 09/22/08 09/22/09 EACH OCCURRENCE $2,000,000 X PR sE3( aoccurence) $2,000,000 CLAIMS MADE X OCCUR MED EXP (My one person) $ 10 , 000 PERSONAL&ADVINJURY $ 2, 000, 000 GENERAL AGGREGATE $ 4, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP1OP AGG $ 4 , 000 , 000 POLICY PRO- 1-1 LOC JECTi A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS38912516 09/22/08 09/22/09 aacCdent)INGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STAII1 ER - TORY LIMITSS f ' ER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDEO BY ENDORSEMENT! SPECIAL PROVISIONS *Except 10 days notice for non payment of premium. THE CERTIFICATE HOLDER, ITS OFFICERS AND EMPLOYEES ARE NAMED ADDITIONAL INSUREDS WITH RESPECT TO GENERAL LIABILITY PER ATTACHED CG2012 05/09. RE: AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF COMMERCE CERTIFICATE HOLDER CANCELLATION NATION7 NATIONAL CITY CHAMBER OF COMMERCE FOUNDATION 901 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO REPRESENTi�yVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 POLICY NUMBER: PAS38912516 COMMERCIAL GENERAL LIABILITY CG20120509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As Required By Written Contract or Agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 ACORD„, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/23/2009 PRODUCER BROOKE INS & FIN SVS LLC P 0 BOX 905 PHILLIPSBURG, KS 67661 (888) 237-9948 X1745 70D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED NATIONAL CITY CHAMBER OF COMMERCE 901 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 INSURER A:THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABIITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE I I OCCUR MED EXP (Any one person) $ GEN'L 7 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: - PRO- POLICY JECT II LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE 1 LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below UB-1199M084-09 04/12/2008 04/12/2009 OT C X TORYLIMITS E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS IN THE EVENT OF NON-PAYMENT OF PREMIUM, ONLY TENDAYS NOTICE OF CANCELLATION SHALL BE GIVEN. A WAIVER OF SUBROGATION HAS BEEN ENDORSED TO THE POLICY IN FAVOR OF THE CERTIFICATE HOLDER. ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT PROVIDED YOU EXECUTED THE CONTRACT BEFORE A LOSS. CITY OF NATIONAL CITY, OFFICIALS, BOARDS, COMMISSIONS,EMPLOYEES AGENTS AND CONTRACTORS AS THEIR RESPECTIVE INTERESTS APPEAR. CERTIFICATE HOLDER CANCELLATION COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. i1 - AUTHORIZED REPRESENTATIVE ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) May 21 2009 4:15PM HP LASERJET FAX 619-477-3457 p.2 TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CHANGE DOCUMENT WC 99 99 98 (00) POLICY NUMBER: (IEUB-1199M08-4-09) CHANGE EFFECTIVE DATE: 04-13-09 NCCI CO CODE: 12637 INSURER: THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT INSURED'S NAME: NATIONAL CITY CHAMBER OF COMM This change is issued by that member of The Travelers Insurance Companies which issued the policy and forms a part of the policy. It is agreed that the policy is amended as follows: An absence of an entry in the premium spaces below means that the premium adjustment, if any, will be made at time of audit. ADDITIONAL PREMIUM $ RETURN PREMIUM $ ADDITIONAL NON -PREMIUM $ RETURN NON -PREMIUM $ The following endorsement is added: The following endorsement replaces the one on the policy: WC 04 03 06 (01)-001 DATE OF ISSUE: 05-20-09 LS CHANGE NO: 003 PAGE 001 OF LAST POL. EFF. DATE: 04-12-09 POL. EXP. DATE: 04-12-10 OFFICE: NATIONAL PRACTICE 70D PRODUCER: BROOKE INS & FIN SVS LLC X1745 COUNTERSIGNED AGENT May 21 2009 4:15PM HP LASERJET FAX 619-477-3457 p.3 TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) -- 001 POLICY NUMBER: (IEUB-1199M08-4-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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 narned 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL. BE . 000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM 'OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OFFICIALS BOARDS COMMISSIONS EMPLOYEES AGENTS AND CONTRACTORS. DATE OF ISSUE: 05-20-09 STASSIGN: May 21 2009 4:15PM HP LASERJET FAX 619-477-3457 p.4 WORKERS COMPENSATION SCHEDULE RATING WORKSHEET (CALIFORNIA) ACCOUNT NAME AND ADDRESS NATIONAL CITY CHAMBER OF COMME 901 NATIONAL CITY BLVD NATIONAL CITY CA 91950 TOTAL SCHEDULE RATING FACTOR N/A POLICY NUMBER (IBUB-1199M08-4-09) POLICY EFF. DATE 04-12-09 (SCHEDULE RATING WAS CONSIDERED BUT DID NOT APPLY BASED ON THE CHARACTERISTICS OF THE ACCOUNT.) RISK CHARACTERISTICS CLASSIFICATION EVALUATION MANAGEMENT BUSINESS PRACTICES MANAGEMENT SAFETY PRACTICES W04K7E06 SCHEDULE RATING FACTOR RANGE (+25% to -25%) (+25% to -25%) (+25% to -25%) RESOLUTION NO. 2008 — 201 RESOLUTION OF THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND ENTER INTO AN AGREEMENT FOR $120,000 WITH THE NATIONAL CITY CHAMBER OF COMMERCE TO ADMINISTER THE CITY'S ECONOMIC DEVELOPMENT PROGRAMS FOR $50,000 AND UP TO $70,000 TO RETIRE THE BUILDING DEBT ON THE NATIONAL CITY CHAMBER OF COMMERCE OFFICE BUILDING WHEREAS, the Community Development Commission of the City of National City ("CDC") has developed Economic Development Programs, including the San Diego Regional Enterprise Zone Program, the San Diego State University Technical Assistance Program and the Community Benefit Loan Program; and WHEREAS, the mission of the National City Chamber of Commerce ("Chamber") is to increase opportunities for businesses and to represent its members in matters related to business, government, and community relations; and WHEREAS, the CDC and the Chamber have been working cooperatively and in partnership to improve business opportunities within the City of National City; and WHEREAS, the Chamber proposes to administer San Diego Regional Enterprise Zone Program, the San Diego State University Technical Assistance Program, and the Community Benefit Loan Program; and WHEREAS, the Chamber has requested up to $70,000 in a matching grant from the CDC to assist in the retirement of their building debt; and WHEREAS, the CDC supports the Chamber's efforts to expand its community services and operations. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City authorizes the Executive Director to negotiate and enter into an Agreement with the National City Chamber of Commerce in the amount of $120,000 to administer the City's Economic Development Programs in the amount of $50,000, and to retire the Chamber's building debt at a cost of $70,000, contingent upon demonstration of the Chamber raising matching funds. BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 511-445-468-213-000 Expert and Consulting Services TO: Account No. 511-445-468-650-9001 Chamber of Commerce TOTAL AMOUNT: $120,000 Resolution No. 2008 — 201 September 16, 2008 Page 2 PURPOSE: To fund $50,000 for the administration of the Economic Development Programs and to fund $70,000 for the retirement of half of the Chamber of Commerce's building debt. PASSED and ADOPTED this 16th day of September, 2008. Pon Morrison, C airman APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Community Development Commission of the City of National City, California, on September 16, 2008, by the following vote, to -wit: Ayes: Commissioners Morrison, Parra, Ungab, Zarate. Nays: None. Absent: Commissioner Natividad. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, •ynity Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-201 of the Community Development Commission of the City of National City, California, passed and adopted on September 16, 2008. Secretary, Community Development Commission By: Deputy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT ate.. MEETING DATE September 16, 2008 AGENDA ITEM NO. 25 ((TEM TITLE Resolution of the City of National City Community Development Commission authorizing the Executive Director t negotiate and enter into an Agreement for $120,000 with the National City Chamber of Commerce (NCCC) to Administer the City's Economic Development Programs for $50,000 and up to $70,000 to Retire the Building Debt on the NCCC Office Building PREPARED BY DEPARTMENT Alfredo Ybarra (Ext. 4279) Community Development EXPLANATION On September 2, 2008, the Chief Executive Officer of the National City Chamber of Commerce (NCCC) presented the City Council with a proposal to administer the City's economic development programs including the San Diego Regional Enterprise Zone Program, the San Diego State University Technical Assistance Program, and the Community Benefit Loan Program. Additionally, the NCCC Chief Executive Officer also presented the City Council with a request for $70,000 in matching funds to retire the building debt on the NCCC office building. The City Council referred the proposal to staff for further review. The City currently partners with NCCC for events and provides $45,000 which has been approved and budgeted. Staff is recommending (#1) that the Commission enter into an agreement with the NCCC to assume administration of the three (3) programs for FY 08-09 and to retire the one-half of the NCCC building debt. This action (#2) would designate funds ($50,000) from the Community Development Department, Economic Development approved budget to the Chamber of Commerce to administer the City's Economic Development Programs and 2) designate up to $70,000 to retire the building debt on the NCCC office building. The objective of NCCC is to retire its building debt of approximately $140,000. NCCC has requested a matching grant of $70,000 from the City of National City to retire half of the building debt; the Chamber proposes to raise matching funds to meet its total building debt obligation. NCCC will provide semi-annual reports to the Commission on program achievements and challenges. Environmental Review Financial Statement Approved By: N/A Finance Director Account No. FROM: 51 1-445-468-21 3-0000 EXPERT & CONSULTANT SERVICES (120,000) TO: 511-445-468-650-9001 CHAMBER OF COMMERCE 120,00( The $120,000 of Tax Increment funds for this project is included in the Community Development Department, Economic Development Division budget. STAFF RECOMMENDATION 1. Direct the Executive Director to negotiate and enter into an Agreement with the National City Chamber of Commerce to administer the City's Economic Development Programs and to retire the debt on the Chamber of Commerce office building. 2. Adopt a resolution approving the designation of $50,000 from the Economic Development budget for the administration of the City's economic development programs by the National City Chamber of Commerce and 2) provide funds up to $70,000 to retire debt, contingent upon demonstration of the Chamber raising matching funds of $70,000. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 2. National City Chamber of Commerce Proposal Resolution No. • A-200 (9/99) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax National City Chamber of Commerce Resolution No. 2008-201 Economic Development Programs & Building Debt Retirement Alfredo Ybarra (Housing & Grants) Forwarded Copy of Agreement to Contractor