HomeMy WebLinkAboutAgenda Packet 1CALIFORNIA
NATIONAL CITY
INCORPORATED
ALEJANDRA SOTELO-SOLIS
Mayor
JOSE RODRIGUEZ
Vice Mayor
MARCUS BUSH
Councilmember
RON MORRISON
Councilmember
MONA RIOS
Councilmember
1243 National City Blvd.
National City, CA 91950
619-336-4240
Meeting agendas and
minutes available on the
City's website at
WWW.NATIONALCITYCA. GOV
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast
LIVE WEBCAST
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, MARCH 16, 2021 — 6:00 PM
NOTICE: The health and well-being of National City residents, visitors,
and employees during the COVID-19 outbreak remains our top priority.
The City of National City is coordinating with the County of San Diego
Health Human Services Agency, and other agencies to take measures
to monitor and reduce the spread of the novel coronavirus (COVID-19).
The World Health Organization has declared the outbreak a global
pandemic and local and state emergencies have been declared
providing reprieve from certain public meeting laws such as the
Brown Act.
As a result, the City Council Meeting will occur only online to ensure
the safety of City residents, employees and the communities we serve.
A live webcast of the meeting may be viewed on the city's website
at www.nationalcityca.gov. For Public Comments see "PUBLIC
COMMENTS" section below
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 Meetings begin in Open
Session at 5:00 p.m. or such other time as noted, and after announcing
closed session items, convenes into a Closed Meeting. 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 on the City's
website at www.nationalcityca.gov. Regular Meetings of the Elected
Body are webcast and archived on the City's website at
www.nationalcityca.gov.
PUBLIC COMMENTS: There are multiple ways you can make sure
your opinions are heard and considered by our City Council as outlined
below:
Submit your public comment prior to the meeting: To submit a
comment in writing, email PublicComment(c�nationalcityca.gov, provide
the agenda item number and title of the item in the subject line of your
email. Public comments or testimony is limited to up to three (3)
minutes. If the comment is not related to a specific agenda item,
indicate General Public Comment in the subject line. All email comments received by 4:00
p.m. on the day of the meeting will be emailed to the City Council Members and made a part
of the official record.
***Please note that email comments received prior to the meeting will no longer be read into
the meeting's record but will be distributed to the City Council. If you would like to share your
comments live during the meeting, please follow the instructions below.
Register online and participate in live public comment during the meeting: To provide
live public comment during the meeting, you must pre -register on the City's website at
https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular
meeting to join the City Council Meeting.
***Please note that you do not need to pre -register to watch the meeting online, but you
must pre -register if you wish to speak.
Once registered, you will receive an email with a link from Zoom to join the live meeting. You
can participate by phone or by computer. Please allow yourself time to log into Zoom before
the start of the meeting to ensure you do not encounter any last-minute technical difficulties.
***Please note that members of the public will not be shown on video; they will be able to
watch and listen and speak when called upon. Public microphones will be muted until it is
your turn to comment.
Each speaker is allowed up to three (3) minutes to address the City Council. Please be
aware that the Mayor may limit the comments' length due to the number of persons wishing
to speak or if comments become repetitious or unrelated.
All comments are subject to the same rules as would otherwise govern speaker comments
at the meeting. Speakers are asked to be respectful and courteous. Please address your
comments to the City Council as a whole and avoid personal attacks against members of
the public, City Council, and city staff.
Questions about public comment or City Council protocols? Please contact the City
Clerk's Office at (619) 336-4228 or via email at Clerk(a�nationalcityca.gov.
To use the Zoom interpretation feature, please scroll to the bottom of the Zoom screen
(where the meeting controls are), click on the interpretation icon (world), and select English
as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.),
please press the ellipsis (...), then Interpretation, and then choose your language.
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.
CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or
noncontroversial nature. All consent items are adopted by approval of a single motion by the City
Council. Prior to such approval, any item may be removed from the consent portion of the agenda
and separately considered, upon request of a Councilmember, a staff member, or a member of the
public.
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 to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el
brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de
National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de
San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del
nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una
pandemia global y se han manifestado emergencias locales y estatales que resultan en la
suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown.
Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente
en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que
atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en
www.nationalcityca.gov. Para comentarios publicos, vea la seccion "COMENTARIOS PUBLICOS"
mas adelante.
ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo
Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado
Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas
inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion
abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la
sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y
analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se
reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo
Comunitario.
INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los
documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion,
apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten
por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov.
COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones
sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion:
Envie su comentario public() antes de la sesion: Para enviar un comentario por escrito, envie un
correo electronico a PublicComment(a�nationalcityca.gov, proporcione el numero del tema o asunto
de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los
comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con
un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de
asunto. Todos los comentarios por correo electronico recibidos antes de las 4:00 p.m. del dia de la
sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del
acta oficial.
***Tenga en cuenta que los comentarios por correo electronico recibidos antes de la sesion ya no se
leeran en el registro de la sesion, sino que se distribuiran al Concejo Municipal. Si desea compartir
sus comentarios en vivo durante la sesion, siga las instrucciones a continuacion.
Registrese en linea y participe en los comentarios publicos en vivo durante la sesion: Para
proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio
web del Ayuntamiento en https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del
dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal.
***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe
registrarse previamente si desea hablar.
Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion
en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la
reunion en Zoom antes del inicio de Ia sesion para asegurarse de no encontrar dificultades tecnicas
de ultimo momento.
***Tenga presente que las personas del publico no se mostraran en video; podran observar,
escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su
turno de comentar.
Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que Ia
Alcaldesa puede limitar Ia extension de los comentarios debido a la cantidad de personas que
deseen hablar o si los comentarios se vuelven repetitivos o no relacionados.
Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios
de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus
comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del
publico, el Concejo Municipal y el personal del Ayuntamiento.
LPreguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comuniquese
con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico
a Clerkanationalcityca.gov.
Para hacer use del servicio de interpretacion, favor de desplazarse a la parte inferior de la
pantalla de Zoom (donde aparecen los controles). Haga clic en el icono de interpretacion (globo
terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular,
tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma.
AGENDA ESCRITA: Con contadas excepciones, el Organ() Electo puede tomar medidas
unicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la
agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia
demostrada, y Ia necesidad de tomar medidas sobre esos temas haya surgido despues de haber
sido publicada la agenda.
CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican
cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan
mediante la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier
terra puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion
de un concejal, individuo del personal del Ayuntamiento o persona del publico.
Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para
personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades.
Llame al telefono (619) 336-4228 de la Oficina del Secretario del Ayuntamiento para solicitar una
modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion
permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.
OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
1. National City Celebrates Women's History Month.
AWARDS AND RECOGNITIONS
2. Employee of the Quarter 2021 - Lizza Galindo -Rojas, Administrative
Secretary. (Human Resources)
PRESENTATIONS (FIVE-MINUTE TIME LIMIT)
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)
CONSENT CALENDAR
I. Motion of the City Council of the City of National City approving the waiving of
the reading of the text of the Ordinances or Resolutions that are having a
Public Hearing considered at this meeting and providing that such Ordinances
or Resolutions shall be introduced and/or adopted after a reading of the title
only. (City Clerk)
4. Approval of the Minutes of the Virtual Regular Meeting of the City Council and
Community Development Commission - Housing Authority of the City of
National City - Virtual Regular Meeting: February 2, 2021. (City Clerk)
5. Resolution of the City Council of the City of National City authorizing the
installation of 606 feet of "No Parking" signage on both sides of Paraiso Court
to provide fire access and travel clearance for emergency response vehicles
(TSC No. 2021-01). (Engineering/Public Works)
6. Resolution of the City Council of the City of National City authorizing the
installation of a blue curb disabled persons parking space with sign in front of
the residence located at 32 "D" Avenue (TSC No. 2021-02).
(Enctineerinq/Public Works)
7. Resolution of the City Council of the City of National City finding APR
Construction, Inc. in default of the contract for the Civic Center ADA
Accessibility Project, CIP No. 19-45 for materially violating the contract
provisions by providing false information, consistent with Section 6.4.1 of the
contract documents. (Engineering/Public Works)
8. Resolution of the City Council of the City of National City ratifying the
Agreement between the City of National City and Meyers Nave for legal
services in consultation with the City Attorney on matters related to the
implementation of a commercial cannabis structure and program for the total
not to exceed amount of $25,000.00 and approving the City Attorney's
execution of same. (City Attorney)
9. Warrant Register #32 for the period of 2/03/21 through 2/09/21 in the amount
of $2,455,294.45. (Finance)
10. Warrant Register #33 for the period of 2/10/21 through 2/16/21 in the amount
of $261,842.17. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
11. Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban
Development (HUD) 2021-2022 Annual Action Plan and the allocation of
2021-2022 HUD entitlement grant funds, program income, and funds
remaining from completed projects to Community Development Block Grant
(CDBG) and HOME Investment Partnerships (HOME) Program activities
proposed for 2021-2022 Annual Action Plan. (Housing Authority)
NON CONSENT RESOLUTIONS
12. Resolution of the City Council of the City of National City authorizing various
Fiscal Year 2021 mid -year budget adjustments. (Finance)
13. Resolution of the City Council of the City of National City authorizing, 1) the
City (Buyer) to utilize cooperative purchasing established through Sourcewell
previously known as National Joint Powers Alliance (NJPA), consistent with
Municipal Code Section 2.60.260 for cooperative purchasing, to purchase
Tyler Technologies New World Computer Aided Dispatch (CAD) based on
their member number 17730; and 2) finance through Capital Innovations for a
seven (7) year lease purchase agreement; and 3) the Mayor to execute the
Agreement with Tyler Technologies and Capital Innovations to replace
outdated current police department CAD for a lease purchase agreement in
the amount of $1,060,000. (Police)
NEW BUSINESS
14. City of National City Comprehensive Annual Financial Report (CAFR) for the
fiscal year ended June 30, 2020. (Finance)
15. Update on American Rescue Plan Act. (City Manager)
16. Discussion regarding Public Comment at City Council Meetings. (City
Manager)
17. 2020 Housing Element Annual Progress Report pursuant to California Code
Section 654000. (Planning)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
18. City Manager Report. (City Manager)
MAYOR AND CITY COUNCIL
CLOSED SESSION
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Tuesday - April
6, 2021 - 6:00 p.m. - Council Chambers - National City, California.
The following page(s) contain the backup material for Agenda Item: National City Celebrates
Women's History Month.
Please scroll down to view the backup material.
Item #
03/16/21
National City Celebrates Women's History Month
The following page(s) contain the backup material for Agenda Item: Employee of the
Quarter 2021 - Lizza Galindo -Rojas, Administrative Secretary. (Human Resources)
Please scroll down to view the backup material.
-' CALIFORNIA -
NATIONAL Ctry
4IVCP Rr OR !WED
i
CITY OF NATIONAL CITY
MEMORANDUM
DATE: March 4, 2021
TO: Brad Raulston, City Manager
FROM: Robert J. Meteau, Jr., Human Resources Director
SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM
The Employee Recognition Program communicates the City's appreciation for outstanding
performance. In doing so, it recognizes employees who maintain high standards of personal
conduct and make significant contributions to the workplace and community.
The employee to be recognized for the 1st Quarter of calendar year 2021 is:
Lizza Galindo -Rojas, Administrative Secretary
By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March
16, 2021 to be recognized for her achievement and service.
Attachment
cc: Lizza Galindo -Rojas
Mayor's Confidential Assistant
Human Resources — Office File
-• CALIFORNIA --
NATIONAL, CITY
nay
I V(ORPORAT
Performance Recognition Award
Nomination Form
I nominate Lizza Galindo -Rojas, Administrative Secretary for the Performance
Recognition Award for the following reasons:
Please state reason why your nominee should receive an award, (i.e., examples of service
beyond requirements of position, exemplary service to the public, outstanding job
performance, etc). Do not to exceed 150 total words. Please be as specific as possible
when giving your examples.
It is my pleasure to share how Lizza Rojas consistently contributes to the effectiveness of
our organization and beyond the requirements of her position. With 16 years of service
this past November, Lizza demonstrates pride in her duties and her community. Lizza is a
true ambassador for National City and embodies the 7 C's of our organization.
As the Administrative Secretary of our fast -paced HR depai tment, Lizza remains
enthusiastic and committed while meeting competing deadlines. An example of
outstanding job performance by Lizza was a last minute change revising and resubmitting
the HR staff report for the City Council agenda and the new MOU. Just like the energizer
bunny, Lizza made a difficult task look easy, all while having fun and a smile on her face.
If you were to ask Lizza where she works, she would say with "Team HR in the MLK
building." But in reality, Lizza works and contributes everywhere! You may have first
seen Lizza as a new employee or official when you received your city ID, or seen Lizza
setting -up HR training materials in the Fire Station and the Police Station. Or you may
even have seen Lizza in the Library or Public Works facility while performing
department visits with Team HR.
Combined with her outgoing personality and commitment to customer service, Lizza
embodies the community and culture of National City. It is my honor to present to you
Lizza Galindo -Rojas.
FORWARD COMPLETED NOMINATION TO:
National City Performance Recognition Program
Human Resources Department
Nominated by: Robert J. Meteau, Human Resources Director
Signature: Date: 02/22/21
The following page(s) contain the backup material for Agenda Item: Motion of the City
Council of the City of National City approving the waiving of the reading of the text of the
Ordinances or Resolutions that are having a Public Hearing considered at this meeting and
providing that such Ordinances or Resolutions shall be introduced and/or adopted after a
reading of the title only. (City Clerk)
Please scroll down to view the backup material.
Item #
03/16/21
MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING THE WAIVING OF THE READING OF THE
TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE
HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING
AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS
SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
The following page(s) contain the backup material for Agenda Item: Approval of the Minutes
of the Virtual Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Virtual Regular Meeting:
February 2, 2021. (City Clerk)
Please scroll down to view the backup material.
Item #
03-16-2021
APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS
MINUTES OF THE VIRTUAL REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION -
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
Virtual Regular Meeting: February 2, 2021
(City Clerk)
t— CALIFORNIA -0
NATIONAL CITy
INCORPORATRD ,l
MINUTES OF THE VIRTUAL REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
February 2, 2021
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
The City Council minutes are prepared and ordered to correspond to the City Council
Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items
were considered in the order presented.
A. CITY COUNCIL
CALL TO ORDER
The meeting was called to order at 6:04 p.m. by Mayor Sotelo-Solis.
ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis
Councilmembers absent: None
Other Elected Officials present: Beauchamp, Molina
Administrative Officials present: Raulston, Winney, Bell, Chapel, Parra, Vergara, Denham,
Aguirre, Lopez, Tellez, Becerra, Meteau, Davies, Yano, Rose Williams, Duong, and Olson.
Meeting briefly paused due to Councilmember Bush having technical difficulties. 6:05 p.m.
— 6:07 p.m.
Roll Call was called again by City Clerk Molina with all members present. Councilmember
Bush still having camera issues did confirm verbally his attendance. Councilmember Bush
was available on camera at 6:18 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Morrison led the Pledge of Allegiance.
PUBLIC COMMENTS
Two (2) public comments received: Moon Coyote (cannabis support) and Rebecca Rapp
(cannabis opposition). Read into the record by City Clerk Molina.
PROCLAMATIONS AND CERTIFICATES
No agenda items.
Page 1 of 6
City Council Meeting Minutes
February 2, 2021
AWARDS AND RECOGNITIONS
No agenda items.
PRESENTATION
1. County of San Diego Partnership on Vaccine Rollout.
City Manager Raulston provided a video presentation and introduced Chief of Emergency
Services Parra and County of San Diego and Health and Human Services Agency (COSD
HHSA) representative Barbara Jimenez who provided an update and information on the
COVID-19 vaccination efforts within the National City community and the San Diego County
partnership on vaccine roll -out and testing.
INTERVIEWS / APPOINTMENTS
No agenda items.
REGIONAL BOARDS AND COMMITTEE REPORTS
None.
CONSENT CALENDAR
Councilmember Bush pulled Item 4 from the Consent Calendar for discussion.
Public Comments: None
ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to
approve the Consent Calendar Items 2, 3, and 5 through 7. Motion carried by unanimous
vote.
2. Motion of the City Council of the City of National City approving the waiving of the
reading of the text of the Ordinances or Resolutions that are having a Public Hearing
considered at this meeting and providing that such Ordinances or Resolutions shall
be introduced and/or adopted after a reading of the title only.
3. Adopted Resolution No. 2021-03. Resolution of the City Council of the City of
National City: 1) accepting the work performed by Portillo Concrete, Inc. for the
Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No.
19-17; 2) approving the final contract amount of $531,571.79; 5) ratifying the release
of retention in the amount of $26,578.59; and 6) ratifying the signing of the Notice of
Completion for the project.
5. Ratified Warrant Register #25 for the period of 12/16/20 through 12/22/20 in the
amount of $552,952.55.
6. Ratified Warrant Register #26 for the period of 12/23/20 through 12/29/20 in the
amount of $1,113,274.01.
7. Ratified Warrant Register #27 for the period of 12/30/20 through 1/05/21 in the
amount of $1,334,676.58.
Page 2 of 6
City Council Meeting Minutes
February 2, 2021
ITEM PULLED FROM CONSENT CALENDAR FOR DISCUSSION
4. Resolution of the City Council of the City of National City waiving the formal bid
process pursuant to National City Municipal Code Section 2.60.260 regarding
cooperative purchasing and authorizing the City to piggyback onto the County of San
Diego's Purchase Order 562779-0 with Ford of Chula Vista for the purchase of three
(3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs in an amount not
to exceed $118,881.03.
Councilmember Bush asked questions of Staff regarding the need and timing for this
purchase for Item 4. Chief of Police Tellez and City Manager Raulston provided responses
for Council.
Public Comment: One (1) public comment received from Moon Coyote (in opposition). Read
into the record by City Clerk Molina.
ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to adopt
Resolution No. 2021-04. Motion carried by 4-1 vote with Councilmember Bush voting No.
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
No agenda items.
NON CONSENT RESOLUTIONS
8. Resolution of the City Council of the City of National City: (1) approving an Affordable
Housing Density Bonus Agreement with Kimball Apartments, LLC, a California
limited liability company, restricting the rent and occupancy of five (5) units to
moderate income households in exchange for one density bonus concession
pursuant to California Government Code Sections 65915 — 65918 for the
development of 52 housing units located at 1126 E 8th Street in National City; and
(2) approving a Subordination and Intercreditor Agreement with Citizens Business
Bank subordinating said Affordable Housing Density Bonus Agreement.
City Manager Raulston pulled the Item from the agenda to be heard at a future meeting.
Public Comments: None
ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to continue
the Item at a future Council meeting. Motion carried by unanimous vote.
9. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to
execute a Power Your Drive for Parks Public Electric Vehicle Charging Program
Participation Agreement with San Diego Gas & Electric Company (SDG&E) for the
installation of six Electric Vehicle Charging Stations, associated equipment and
infrastructure, at Las Palmas Park (located at 1810 E. 22nd Street) to be used by the
public, at their own expense, as part of SDG&E's "Power Your Drive for Parks"
Program, and 2) granting and authorizing the recordation of an easement on parcel
No. 561-360-35-00 to SDG&E for the installation of electric vehicle charging station
infrastructure.
Page 3 of 6
City Council Meeting Minutes
February 2, 2021
City Manager Raulston introduced the Item. Director Yano, Deputy City Engineer Lopez,
along with representatives of SDG&E Clean Transportation Customer Solutions: Manager
Lianna Rios and Project Manager Anthony Aguirre gave the report and presentation.
Public Comments: None
ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to adopt
the Resolution No. 2021-06. Motion carried by 4-1 vote with Vice -Mayor Rodriguez absent.
Vice -Mayor Rodriguez away from the dais at 7:42 p.m. — returned 7:44 p.m.
10. Resolution of the City Council of the City of National City: 1) awarding a contract to
Eagle Paving Company, Inc. in the not -to -exceed amount of $1,086,911.00 for the
Sweetwater Road Safety Enhancement Project, CIP No. 19-12; 2) authorizing a 15%
contingency in the amount of $163,036.65 for any unforeseen changes; and 3)
authorizing the Mayor to execute the contract.
Mayor Sotelo-Solis introduced the Item and Director of Engineering Yano gave the report
and PowerPoint Presentation.
Public Comments: None
ACTION: Motion by Councilmember Morrison, seconded by Councilmember Bush, to adopt
the Resolution No. 2021-07. Motion carried by unanimous vote.
11. Resolution of the City Council of the City of National City, California, approving
update to City Council Policy No. 107 entitled: Appointments to Boards,
Commissions and Committees.
Item continued from the January 19, 2021, City Council Meeting.
Mayor Sotelo-Solis introduced the Item and Assistant City Manager Winney who gave the
report and PowerPoint Presentation.
Public Comments: Two (2) public comments received from Moon Coyote (opposition) and
Ted Godshalk (opposition). Read into the record by City Clerk Molina.
ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to adopt the
Resolution with amendments to include:
1) If a mayoral appointment is not approved by Council confirmation, then that
applicant is to be removed from the candidate pool and the appointment is to
return to a future Council meeting for substitute mayoral appointment.
2) Changes to Policy #107, Section D #8, Council Appointments, Interview Process:
(a) Subsection a - Remove the language "...and the two (2) questions will be
asked of each applicant on behalf of the City Council",
(b) Subsection b - Change time each applicant is given for introductions from
one (1) minute to two (2) minutes,
(c) Remove Subsections C through G of draft, and
Page 4 of 6
City Council Meeting Minutes
February 2, 2021
(d) Add new Subsection c "Mayor and City Councilmembers will ask
questions of each applicant. All applicants must be asked the same
questions."
3) Add to Section D #13 that in addition to the requirement that the Chair be a
resident of the City, City Council added that the Vice -Chairperson must also be a
resident.
Councilmember Morrison made a substitute motion to bring this item back to Council in
October 2021, seconded by Vice -Mayor Rodriguez. Motion failed by 2-3 vote.
Ayes: Morrison, Rodriguez
Noes: Bush, Rios, Sotelo-Solis
Original motion to adopt the Resolution with amendments was considered. Motion passed
by 3-2 vote.
Ayes: Bush, Rios, Sotelo-Solis
Noes: Morrison, Rodriguez
NEW BUSINESS
There were no items.
B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY
No agenda items.
C. REPORTS
STAFF REPORTS
12. Presentation on City -owned Real Property available for future development.
Mayor Sotelo-Solis introduced City Manager Raulston gave the report and PowerPoint
Presentation along with Director of Housing Authority Aguirre and Property Agent Greg
Rose.
Received and Filed.
13. City Manager Report.
City Manager Raulston gave an update on the COVID-19, regarding restaurant opening,
vaccine roll -outs and testing.
Received and Filed.
MAYOR AND CITY COUNCIL
City Treasurer Beauchamp spoke about the COVID-19 vaccine. He received the vaccine at
the MLK site in National City. He thanked City Staff for the work on roads and parking. He
pointed out the moneys paid for health insurance to pensioners, per the warrants brought
forth at this meeting.
Page 5 of 6
City Council Meeting Minutes
February 2, 2021
Councilmember Bush wished the community a Happy Black History Month. He highlighted
the need to talk about race issues and acknowledged the local Black leaders in National
City's history.
Councilmember Morrison commented on the trends seen in COVID-19 cases and looks
forward to observing the affects based on increased inoculations.
Councilmember Rios provided an update on Sweetwater Authority's planned tests and
alerted the community that changes in odor and color may occur. Encouraged residents to
contact the Sweetwater Authority if change is noticed. She also brought to Staff's attention
the federal funds available to cities, through FEMA, for eligible reimbursements of COVID-19
services.
Vice -Mayor Rodriguez wished the community a Happy Black History Month. He
acknowledged historical moments addressing human rights in National City.
Mayor Sotelo-Solis shared that a proclamation to formally recognize Black History Month in
National City is forthcoming. She reminded the community about the distribution of COVID-
19 safety kits occurring February 4, 2021. One -thousand (1000) kits will be provided on a
first -come -first -served basis. She acknowledged the partnerships that make this possible for
National City residents.
CLOSED SESSION
No agenda items.
CLOSED SESSION REPORT
No agenda items.
ADJOURNMENT
Mayor Sotelo-Solis adjourned the meeting to the next Regular Meeting of the City Council
and Community Development Commission of the City of National City to be held Tuesday,
February 16, 2021 at 6:00 PM via teleconference.
The meeting adjourned at 9:24 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of March 16, 2021.
Mayor
Page 6 of 6
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City authorizing the installation of 606 feet of "No Parking"
signage on both sides of Paraiso Court to provide fire access and travel clearance for
emergency response vehicles (TSC No. 2021-01). (Engineering/Public Works)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of 606 feet of "No
Parking" signage on both sides of Paraiso Court to provide fire access and travel clearance for
emergency response vehicles (TSC No. 2021-01).
PREPARED BY: Carla Hutchinson, Assistant Engineer - CivitCA , DEPARTMENT: E e ring/Public Works
PHONE: 619-336-4388 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
1N/A 1
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing installation of 606 feet of "No Parking" signage on both sides of Paraiso Court to
provide fire access & travel clearance for emergency response vehicles.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on February 10, 2021, the Traffic Safety Committee approved staff's recommendation to install
"No Parking" signage on both sides of Paraiso Court.
ATTACHMENTS:
1. Explanation w/ Exhibit
2. Staff Report to the Traffic Safety Committee on February 10, 2021 (TSC No. 2021-01)
3. Resolution
EXPLANATION
The City's Parking Enforcement Division has requested the installation of "No Parking"
signs on both sides of Paraiso Court. Parking Enforcement staff expressed concerns that
Paraiso Court is too narrow and that vehicles park on both sides of the street, which does
not allow access for emergency response vehicles. Parking Enforcement proposed the
installation of a "No Parking" signage, which would enhance access and travel clearance
for emergency response vehicles, on Paraiso Court.
Staff visited site. Paraiso Court is located in a residential area between Norton Avenue
and Palm Avenue and is a 2-lane local roadway with unrestricted parallel parking on both
sides of the street.
Staff took measurements on Paraiso Court and confirmed that this street is 20 feet wide.
California's 2019 Fire Code, Chapter 5, Section 503.1.1 states: "The required width of
emergency fire apparatus access roads shall not be obstructed in any manner, including
parking of vehicles. All access roads shall be no less than 20 feet wide..." Staff observed
that when vehicles are parked on both sides of Paraiso Court, the travel way narrows to
12 feet or Tess. Therefore, parking must be restricted on both sides of the street to ensure
compliance with the California Fire Code. Staff recommends the installation of "No
Parking" signage on both sides of Paraiso Court.
Staff sent notices to area property owners and tenants, inviting them to attend the Traffic
Safety Committee Meeting and/or contact staff with any questions.
This item was presented to the Traffic Safety Committee on February 10, 2021. Staff
presented the results of the site evaluation and after discussion, the Traffic Safety
Committee voted to approve staffs recommendation to install "No Parking" signage on
both sides of Paraiso Court to provide fire access & travel clearance for emergency
response vehicles.
If approved by City Council, all work will be performed by City Public Works.
Location Map with Recommended Enhancements (TSC Item: 2021-01)
,paraiso Cou
606' of proposed "No
Parking" signs to provide
access & travel
clearance for emergency
response vehicles
Existing entrance
to carport parking
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR FEBRUARY 10, 2021
1
ITEM TITLE: REQUEST TO INSTALL 606 FEET OF "NO PARKING" SIGNAGE
ON BOTH SIDES OF PARAISO COURT TO PROVIDE FIRE
ACCESS & TRAVEL CLEARANCE FOR EMERGENCY RESPONSE
VEHICLES.
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil
Engineering & Public Works Department
DISCUSSION:
The City's Parking Enforcement Division has requested the installation of "No Parking" signs
on both sides of Paraiso Court. Parking Enforcement staff expressed concerns that Paraiso
Court is too narrow and that vehicles park on both sides of the street, which does not allow
access for emergency response vehicles. Parking Enforcement proposed the installation of
a "No Parking" signage, which would enhance access and travel clearance for emergency
response vehicles, on Paraiso Court.
Staff visited site. Paraiso Court is located in a residential area between Norton Avenue and
Palm Avenue and is a 2-lane local roadway with unrestricted parallel parking on both sides
of the street.
Staff took measurements on Paraiso Court and confirmed that this street is 20 feet wide.
California's 2019 Fire Code, Chapter 5, Section 503.1.1 states: "The required width of
emergency fire apparatus access roads shall not be obstructed in any manner, including
parking of vehicles. All access roads shall be no less than 20 feet wide..." Staff observed
that when vehicles are parked on both sides of Paraiso Court, the travel way narrows to 12
feet or less. Therefore, parking must be restricted on both sides of the street to ensure
compliance with the California Fire Code. Staff recommends the installation of "No Parking"
signage on both sides of Paraiso Court.
Staff sent notices to area property owners and tenants, inviting them to attend the Traffic
Safety Committee Meeting and/or contact staff with any questions.
STAFF RECOMMENDATION:
Based on the evaluation of existing conditions, staff recommends the installation of 606 feet
of "No Parking" signage on both sides of Paraiso Court to provide access and travel
clearance for emergency response vehicles.
If approved by City Council, all work will be performed by City Public Works.
EXHIBITS:
1. Public Request
2. Public Notice
3. Location Map
4. Photos
2021-01
Carp Hutchinson
From: Tirza Gonzales on behalf of Engineering
Sent: Monday, June 15, 2020 2:22 PM
To: Carla Hutchinson; Luca Zappiello
Subject: FW; 14008Ik Paraiso Ct.
Attachments: 20200612_080524jpg;20200612 080807jpg;20200612_080731jpg
Follow Up Flag: Follow up
Flag Status: Completed
Please see below. Code Enforcement officer reporting street is potentially too narrow for emergency vehicles.
Ti rza Gonzales
Management Analyst II
City of National City
Engineering & Public Works Department
1243 National City Blvd.
National City, CA 91950
.Office: (619) 336-4380
Direct: (619) 336-4318
Fax: (619} 336-4397
Email: Wonzaies@nationalcitvca.gov
The Clty of National City Is open Monday through Thursday from 7:00 a.m. —6:00 p.m.; Offices are closed on Fridays.
For more Information, please visit www.nationaicltvca.gntr. For more Information regarding Capital Projects, please visit
www,nationaicityaroiects.co0j.
esonkthelk
From: Dionisia Trejo
Sent: Monday, June 15, 2020 10:20 AM
To: Engineering <Engineering@a nationalcityca.gov>
Subject: FW:1400131k Paraiso Ct.
FYI
From: Lena Propps
Sent: Friday, June 12, 2020 8:51 AM
To: Dionrsia Trejo <DTreio@nationaicltyca.gov>
Cc: Joe Olson <jolson@nationalcitvca gov>; Armando Vergara <AVergara@nationalcityca.eov>; Alfredo Cabal
<acabal nationaicitvca.gov>; Luz Quezada <Inuezadaignationalcityca.g ov>
Subject:140013Ik Paraiso Ct.
Dio,
1
Unfortunately there is nothing I can legally do regarding vehicles parking on both sides of the street. This
, would be an engineering issue, for them to evaluate. I have enclosed some photos to show how difficult it
would be for a fire truck to get through to the homes in the back, or to dump trash cans. Please forward this
email to engineering.
Thanks Lena
ipc
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: Dionisia Trejo <DTreloPnationalc cagpv>
Sent: Thursday, June 11, 2020 7:14:03 AM
To: Lena Propps <Iproppssnationalkitvca.gov>
Cc: Joe Olson <jolsonua nationalcitvca.gov>; Armando Vergara <AVer ara nationalci ca. ov>; Alfredo Cabal
<acabal®nationnlcitvca.gov>; Luz Quezada <j uezadapnationalcityca.gov>
Subject: MAIN LINE VM
Paratso Ct. off of Norton Avenue
People park an both sides of street
Trash truck was net able to get In and left.
A fire truck will not be able to getthru if needed.
6/10 @ 8:50 am
2
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February 3, 2021
Resident/Property Owner
CALIFORNIA --
NATIONAL Cfly
XBC� O A. is
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-01
REQUEST TO INSTALL "NO PARKING" SIGNS ON BOTH SIDES OF PARAISO
COURT TO PROVIDE FIRE ACCESS & TRAVEL CLEARANCE FOR
EMERGENCY RESPONSE VEHICLES.
Dear Sir/Madame:
The City of National City would like to invite you to our next public Traffic Safety
Committee Conference CaII scheduled for Wednesday, February 10, 2021, at 1:00
P.M. via Zoom. Please use the following information to call -in to the meeting during the
scheduled time:
Join Zoom Meeting from computer
https://zoom.us/i/92648548029?pwd=TERNMXRmQTFibHJhaThXNVUvUzV6QT09
Join Zoom Meeting by phone
+1 669-900-9128
Meeting ID: 926 4854 8029
Passcode: 816340
If you have any questions, comments, and/or concerns, please contact the Engineering
Department at 619-336-4380 and reference Traffic Safety Committee Item Number
2021-01.
Sincerely,
Roberto Yano, P.E.
City Engineer/Director of Public Works
RY:ch
Enclosure: Location Map
2021-01
1234 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
Location Map with Recommended Enhancements (TSC Item: 2021-01)
Existing entrance
to carport parking
606' of proposed "No
Parking" signs to provide
access & travel
clearance for emergency
response vehicles
Location of proposed "No Parking" signs on both sides of Paraiso Court (looking east)
Location of proposed "No Parking" signs on both sides of Paraiso Court (looking east)
Location of proposed "No Parking" signs on both sides of Paraiso Court (looking south)
Location of proposed "No Parking" signs on both sides of Paraiso Court (looking north)
Location of proposed "No Parking" signs on both sides of Paraiso Court (looking west)
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City authorizing the installation of a blue curb disabled
persons parking space with sign in front of the residence located at 32 "D" Avenue (TSC No.
2021-02). (Engineering/Public Works)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of a blue curb
disabled persons parking space with sign in front of the residence located at 32 "D" Avenue (TSC No.
2021-02).
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil , DEPARTMENT: E
PHONE: 619-336-4388 APPROVED BY:
EXPLANATION:
See attached.
blic Works
FINANCIAL STATEMENT:
ACCOUNT NO.
'N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the
residence located at 32 "D" Avenue.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on February 10, 2021, the Traffic Safety Committee approved staff's recommendation to install a
blue curb disabled persons parking space with sign in front of the residence located at 32 "D" Avenue.
ATTACHMENTS:
1. Explanation w/ Exhibit
2. Staff Report to the Traffic Safety Committee on February 10, 2021 (TSC No. 2021-02)
3. Resolution
EXPLANATION
The resident of 32 "D" Avenue, has requested a blue curb disabled persons parking space
in front of her residence. The resident possesses a valid disabled persons placard from
the California Department of Motor Vehicles. The resident stated that it is difficult for her
to find parking in front of her property due to the high demand of parking in the area and
that a disabled persons parking space in front of her house would provide easier access
to the house.
Staff visited the site and observed that the resident's residence has a driveway entrance
and a garage. With her permission and supervision, staff measured the driveway and
garage. The driveway is 18 feet long by 18 feet wide with a slope of approximately 8%.
The garage is 16 feet long by 10 feet wide with negligible slope. In order to accommodate
a vehicle with a disabled driver or passenger, the slope must be 2% or less. The minimum
dimensions for a garage or driveway to accommodate a vehicle with a disabled driver or
passenger is 20 feet long by 12 feet wide. These two conditions are not met since the
dimensions of the garage and driveway do not meet the minimum parking requirements
for disabled persons. In addition, the maximum slope condition is not met since the slope
of the driveway exceeds 2%.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy requirements
for "Special Hardship" cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
"disabled persons" or "disabled veterans". This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of
the applicant's (or guardian's) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is met.
This item was presented to the Traffic Safety Committee on February 10, 2021. Staff
presented the results of the site evaluation and after discussion, the Traffic Safety
Committee voted to approve staff's recommendation to install a blue curb disabled
persons parking space with sign, since all three conditions of the City Council Disabled
Persons Parking Policy for "Special Hardship" cases are met.
The applicant was informed that handicap parking spaces do not constitute "personal
reserved parking" and that any person with valid "disabled persons" license plates or
placards may park in handicap spaces.
If approved by City Council, all work will be performed by City Public Works
Location Map with Recommended Enhancements (TSC Item: 2021-02)
2-
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR FEBRUARY 10, 2021
ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED
PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 32 "D" AVENUE
PREPARED BY: Carla Hutchinson, Assistant Engineer-- Civil
Engineering & Public Works Department
DISCUSSION:
The resident of 32 "D" Avenue, has requested a blue curb disabled persons parking space
in front of her residence. The resident possesses a valid disabled persons placard from the
California Department of Motor Vehicles. The resident stated that it is difficult for her to find
parking in front of her property due to the high demand of parking in the area and that a
disabled persons parking space in front of her house would provide easier access to the
house.
Staff visited the site and observed that the resident's residence has a driveway entrance and
a garage. With her permission and supervision, staff measured the driveway and garage.
The driveway is 18 feet long by 18 feet wide with a slope of approximately 8%. The garage
is 16 feet long by 10 feet wide with negligible slope. In order to accommodate a vehicle with
a disabled driver or passenger, the slope must be 2% or less. The minimum dimensions for
a garage or driveway to accommodate a vehicle with a disabled driver or passenger is 20
feet long by 12 feet wide. These two conditions are not met since the dimensions of the
garage and driveway do not meet the minimum parking requirements for disabled persons.
In addition, the maximum slope condition is not met since the slope of the driveway exceeds
2%.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy requirements for
"Special Hardship" cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
"disabled persons" or "disabled veterans". This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of
the applicant's (or guardian's) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is met.
It shall be noted that disabled persons parking spaces do not constitute "personal reserved
parking" and that any person with valid "disabled persons" license plates or placards may
park in handicap spaces.
-3-
STAFF RECOMMENDATION:
Since all three conditions of the City Council Disabled Persons Parking Policy for "Special
Hardship" cases are met, staff recornmends the installation of a blue curb disabled persons
parking space with signage in front of the residence at 32 "D Avenue.
EXHIBITS:
1. Public Request Form
2. Public Notice
3. Location Map
4. Photos
5. City Council Disabled Persons Parking Policy
2021-02
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February 3, 2021
Resident/Property Owner
CALIFORNIA -4-
NATIO AL CITy
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-02
REQUEST TO INSTALL BLUE CURB DISABLED PERSONS PARKING SPACE
WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 32 "D" AVENUE.
Dear Sir/Madame:
The City of National City would like to invite you to our next public Traffic Safety
Committee Conference Call scheduled for Wednesday, February 10, 2021, at 1:00
P.M. via Zoom. Please use the following information to call -in to the meeting during the
scheduled time:
Join Zoom Meeting from computer
https://zoom. u s/j/92648548029?pwd=TERN MXRmQTFjb HJ h aThXNVUvUzV6QT09
Join Zoom Meeting by phone
+1 669-900-9128
Meeting ID: 926 4854 8029
Passcode: 816340
If you have any questions, comments, and/or concerns, please contact the Engineering
Department at 619-336-4380 and reference Traffic Safety Committee Item Number
2021-02.
Sincerely,
Roberto Yano, P.E.
City Engineer/Director of Public Works
RY:ch
Enclosure: Location Map
2021-02
1234 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
Location Map with Recommended Enhancements (TSC Item: 2021-02)
Proposed blue curb
disabled persons
parking space
Location of proposed blue curb disabled persons parking space in front of 32 "D" Avenue (looking west)
Location of proposed blue curb disabled persons parking space in front of 32 "D" Avenue (looking north)
DISABLED PERSONS PARKING POLICY
The purpose of a disabled persons parking zone is to provide designated parking spaces at
major points of assembly for the exclusive use of physically disabled persons whose
vehicle displays a distinguishing license plate as authorized by the California Department
of Motor Vehicles.
The City Council may upon recommendation of the City Engineer, designate specially
marked and posted on -street parking spaces for disabled persons pursuant to California
Vehicle Code 21101, et seq. at the following facilities:
1. Government buildings serving the public such as administration buildings,
public employment offices, public libraries, police stations, etc.
2. Hospitals and convalescent homes with more than 75-bed capacity.
3. Medical facilities and doctors' offices staffed by a maximum of five
practitioners. Zones shall be located to serve a maximum number of
facilities on one block.
4. Community service facilities such as senior citizens service centers, etc.
5. Accredited vocational training and educational facilities where no off-
street parking is provided for disabled persons.
6. Employment offices for major enterprises employing more than 200
persons.
7. Public recreational facilities including municipal swimming pools,
recreation halls, museums, etc.
8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more
than 300 seating capacity.
9. Other places of assembly such as schools and churches.
10. Commercial and/or office building(s) with an aggregate of more than
50,000 square feet of usable floor space. Zone shall be located to serve a
maximum number of facilities on one block
11. Hotels catering to daily guests, maintaining a ground floor lobby and a
switchboard that is operated 24 hours per day.
12. A hotel or apartment house catering to weekly or monthly guests and
containing more than 30 separate living units.
In addition, disabled persons parking spaces may be provided within all publicly owned,
leased or controlled off-street parking facilities as specified in the General Requirements.
General Reanirements
Each disabled persons parking space shall be indicated by blue paint and a sign
(white on blue) showing the international symbol of accessibility (a profile view of a
wheelchair with occupant).
Where installed under the above criteria the total number of disabled persons curb
parking spaces will be limited to 3% of the total number of on -street parking spaces
available in the area and shall be distributed uniformly within the area.
Disabled persons parking will not be installed at Locations with a full-time parking
prohibition. When a disabled persons parking zone is installed where a part-time parking
prohibition is in effect, the disabled persons parking zone will have the same time
restrictions as the part-time parking prohibition.
The cost of installing disabled persons parking will be assumed by the City on
public streets and public off-street parking facilities.
In establishing on -street parking facilities for the disabled there shall be a
reasonable determination made that the need is of an on -going nature. The intent is to
prevent the proliferation of special parking stalls that may be installed for a short-term
purpose but later are seldom used. Unjustified installation of such parking stalls
unnecessarily increases the City's maintenance and operations costs, reduce available on -
street parking for the general public, and detract from the overall effectiveness of the
disabled persons parking program.
Special Hardship Cases
It is not the intention of the City to provide personal reserved parking on the
public right jof way, especially in residential areas. However, exceptions may be -made,
in special hardship cases, provided all of the following conditions exists:
(1)
Applicant (or guardian) must be in possession of valid license plates for
"disabled persons" or "disabled veterans."
(2) The proposed disabled parking space must be in. front of the applicant's
(or guardian's) place of residence.
(3)
Subject residence must not have useable off-street parking available or
off-street space available that may be converted into disabled parking.
NOTE:It must be emphasized that such parking spaces do not constitute "personal
reserved parking" and that any person with valid "disabled persons" Iicense plates may
park in the above stalls.
Jha:p
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City finding APR Construction, Inc. in default of the contract
for the Civic Center ADA Accessibility Project, CIP No. 19-45 for materially violating the
contract provisions by providing false information, consistent with Section 6.4.1 of the
contract documents. (Engineering/Public Works)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City finding APR Construction, Inc. in default of the
contract for the Civic Center ADA Accessibility Project, CIP No. 19-45 for materially violating the contract
provisions by providing false information, consistent with Section 6.4.1 of the contract documents.
PREPARED BY: Roberto Yano, Director of Public Works/City Engineer
PHONE: 619-336-4383
EXPLANATION:
See attached.
DEPARTMENT: Eng» Bring/Public Works
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution finding APR Construction, Inc. in default of the contract for the Civic Center ADA Accessibility
Project, CIP No. 19-45 for materially violating the contract provisions by providing false information, consistent with
Section 6.4.1 of the contract documents.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Resolution 2021-10
3. Resolution
EXPLANATION
On February 16, 2021 City Council adopted Resolution 2021-10 which found APR
Construction, Inc. in default of the Contract for materially violating the contract provisions
by providing false information, consistent with Section 6.4.1 of the contract documents.
One public comment (see attached) in regards to this item was inadvertently missed at
this meeting. The City Attorney has reviewed the letter received from the APR
Construction, Inc. representatives and has determined that the contents of the letter
present no new facts and that the fundamental issues of this case remain unchanged.
Therefore, staff is returning the item to ensure all public comments submitted be heard,
and request that City Council revote.
Staff continues to recommends that the City Council of the City of National City find APR
Construction, Inc. in default of the Contract for materially violating the contract provisions
by providing false information, consistent with Section 6.4.1 of the contract documents
Based on the action taken on February 16, 2021, staff has issued a written Notice of
Termination for Default to the Contractor and its Surety to terminate the Contractor's right
to perform under the Contract, and is coordinating with Surety to assume all rights,
obligations, and liabilities of the Contractor under the Contract.
If City Council adopts resolution, then pursuant to our Contract, within 15 Working Days
of receipt of the second written notice of termination for default, the Surety shall submit
to the City a written plan detailing the course of action it intends to take to remedy the
default. The City will review the plan and notify the Surety if the plan is satisfactory. If the
Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress
according to the plan accepted by the City, the City may, upon 48 hours written notice,
exclude the Surety from the premises, take possession of all material and equipment, and
complete the Work in any way the City deems to be expedient. The cost of completing
the Work by the City shall be charged against the Surety and may be deducted from any
monies due, or which would become due, the Surety. If the amounts due under the
Contract are insufficient for completion, the Surety shall pay to the City, within 30 days
after the City submits an invoice, all costs in excess of the remaining Contract Price.
Staff will work with the Surety to identify a contractor to diligently prosecute the work to
completion, per the original intent of the Contract. Once a contractor is determined, staff
will return to City Council to enter into a construction contract for the project.
In an effort to prevent a similar scenario from occurring, a standalone email address has
been created for the submittal of public comments. The email address is
publiccomment@nationalcityca.gov.
RESOLUTION NO. 2021 -10
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, (1) FINDING APR CONSTRUCTION, INC. IN DEFAULT OF THE
CONTRACT FOR THE CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-
45 FOR MATERIALLY VIOLATING THE CONTRACT PROVISIONS BY PROVIDING
FALSE INFORMATION, CONSISTENT WITH SECTION 6.4.1 OF THE CONTRACT
DOCUMENTS AND (2) AUTHORIZING CITY STAFF TO PROVIDE WRITTEN NOTICE
OF TERMINATION FOR DEFAULT OF THE CONTRACTOR'S RIGHT TO PERFORM
UNDER THE CONTRACT
WHEREAS, on June 16, 2020, City Council adopted Resolution No. 2020-113
awarding a contract to APR Construction, Inc. ("Contractor) for the construction of the
Civic Center ADA Improvements project, CIP No. 19-45; and
WHEREAS, per National City Municipal Code Section 2.63, Ordinance No. 2018-
2450, Capital Improvement Projects (CIP) require the Contractor has to complete a
Contractor Responsibility Questionnaire ("Questionnaire") to determine If the bidder is
responsible and has the capability to perform the contract; and
WHEREAS, the Contractor responded "negative" to all of the questions; and
WHEREAS, after contract award, the City's Construction Manager, Innovative
Construction Consulting Services ("Consultant"), conducted additional research on the
Contractor and discovered that the Contractor had numerous legal issues that included
contract terminations and other bonding disputes; and
WHEREAS, City staff recommends the City Council find the Contractor in default
of the contract for materially violating the contract provisions by providing false
information, consistent with Section 6.4.1 of the contract documents; and
WHEREAS, City staff further recommends the City Council authorize City Staff to
provide written notice of termination for default of the Contractor's right to perform under
the contract.
NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1: That the City Council hereby finds APR Construction, Inc. in default
of the contract for the Civic Center ADA Accessibility Project, CIP No.19-45, for materially
violating the contract provisions by providing false information, consistent with Section
6.4.1 of the contract documents.
Resolution No. 2021 — 10
Page Two
Section 2: That the City Council hereby authorizes City staff to provide written
notice of termination for default of the Contractor's right to perform under the contract.
Section 3: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 16th day of February 2021.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molin City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., C. Attorney
Passed and adopted by the' Council of the City of National City, California, on February
16, 2021, by the following vote, to -wit:
Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALE.JANDRA SOTELO-SOLIS
Mayor of the City of National City, California
BY:
LUZ MOLINA
lark of the Cjty of lu
Sonal City, California
Shelley Chapel, Depu
City Clerk
I HEREBY CERTIFY that the above and foregoing is a.full, true and correct copy of
RESOLUTION NO. 2021-10 of the City of National City, California, passed and adopted
by the Council of said City on February 16, 2021.
City Clerk of .j7e City of National City, California
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City ratifying the Agreement between the City of National
City and Meyers Nave for legal services in consultation with the City Attorney on matters
related to the implementation of a commercial cannabis structure and program for the total
not to exceed amount of $25,000.00 and approving the City Attorney's execution of same.
(City Attorney)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: 3/16/2021
AGENDA ITEM NO.
ITEM TITLE:
the City of National City ratifying
legal services in consultation
cannabis structure and
the City Attorney's execution
Jr., City Attorney
a new retainer agreement
Meyers Nave, to provide legal
the implementation of a commercial
advice and counsel to the City
with City staff for an amount
the Agreement between the City of
with the City Attorney on matters related
program for the total not to exceed
of same.
DEPARTMENT: Charles E. Bell, Jr.,
City Attorney
APPROVED BY: . /f
Resolution of the City Council of
National City and Meyers Nave for
to the implementation of a commercial
amount of $25,000.00 and approving
PREPARED BY: Charles E. Bell,
PHONE: 4222
EXPLANATION:
_
ilferr /
with Meyers Nave. See the attached
services in consultation with the City
cannabis structure and program.
Council, the Economic Development
not to exceed $25,000.00.
The City Attorney Office negotiated
Agreement for legal services with
Attorney on matters related to
Meyers Nave will also provide
Department and communications
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
FINAL ADOPTION:
APPROVED:
MIS
N/A
ORDINANCE: INTRODUCTION:
STAFF RECOMMENDATION:
City Attorney enter into the
of a commercial cannabis
agreement with Meyers Nave for legal
structure and program.
Adopt Resolution authorizing the
services for the implementation
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
• Agreement
• Resolution
AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
MEYERS NAVE
THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made as of the
day of March, 2021 between THE CITY OF NATIONAL CITY, a municipal
corporation, (the "CITY") and MEYERS NAVE , (the "FIRM"). This Agreement sets forth the
parties' mutual understanding concerning legal services to be provided by the FIRM and the fee
arrangement for said services.
Article 1. Retainer. The CITY hereby retains the FIRM to assist in representing the
CITY in connection with litigation and government claims issues, subject to this Agreement.
Article 2. Effective Date and Term. This Agreement shall be effective on [insert
date above] and continue until written notice of cancellation. This Agreement may be terminated
at any time by either party with sixty (60) days' written notice to the other. Notice of termination
by the FIRM shall be given to the City Attorney.
Article 3. Scope of Services. The CITY shall have the right in its sole discretion to
determine the particular services to be performed by the FIRM under this Agreement. These
services may include the following: consultation with the City Attorney on matters related to the
implementation of a commercial cannabis structure and program in the CITY as per the
Engagement Letter attached as Exhibit A, advice and counsel to the City Council, and
communications with City staff ("LEGAL SERVICES"). It is expected that the FIRM will work
with the City Attorney and CITY staff.
Article 4. Compensation. Compensation paid under this Agreement shall be as set
forth in the Engagement Letter attached as Exhibit A.
A. The FIRM shall not use more than one attorney for the same specific task
without the CITY'S approval. The FIRM may use the minimum number of attorneys for this
engagement consistent with good professional practice after consulting with and obtaining
approval by the CITY.
B. The FIRM agrees to document a plan and budget consistent with the scope
of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The
CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to
before being incurred by the FIRM.
C. The CITY has appropriated or otherwise duly authorized the payment of an
amount not to exceed $25,000.00 for LEGAL SERVICES and out-of-pocket disbursements
pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements
exceed this amount without written authorization of the CITY.
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D. The FIRM shall keep the CITY advised monthly as to the level of attorney
hours and client services performed under Article 1. The FIRM will not charge the CITY for travel
time; however, the FIRM may charge for work performed for the CITY during any travel time.
E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures
set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document
reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses
charged by the FIRM as a standard practice to its clients generally, with the exception of travel
and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement
breaking down the amounts by category of expense. The following items shall not be reimbursed,
unless the CITY has specifically agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed
as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone,
postage, receipts or transmission of telecopier documents, or any other items traditionally
associated with overhead.
(3) Photocopy charges in excess of $.15 (fifteen cents) per page.
(4) Auto mileage rates in excess of the rate approved by the Internal
Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime,
the CITY will consider reimbursement on a case -by -case basis. The CITY will not reimburse
overtime incurred for the convenience of the FIRM'S failure to meet deadlines known in advance.
(6) Equipment, books, periodicals, research materials, Westlaw/Lexis
or like items.
(7) Express charges, overnight mail charges, messenger services or the
like, without the CITY' S prior consent. The CITY expects these expenses to be incurred in
emergency situations only. Where case necessity requires the use of these services, the CITY will
consider reimbursement on a case -by -case basis.
(8) Travel and meals.
(9) Late payment charge or interest. Due to the nature of the CITY'S
payment process, the CITY will not pay any late charges or interest charges to bills. Every effort
will be made to pay bills promptly.
F. Bills from the FIRM should be submitted to Charles E. Bell, Jr., City Attorney,
1243 National City Boulevard, National City, CA 91950-4301. The individual time and
disbursement records customarily maintained by the FIRM for billing evaluation and review
purposes shall be made available to the CITY in support of bills rendered by the FIRM.
G.The FIRM agrees to forward to the CITY a statement of account for each one -
month period of services under this Agreement, and the CITY agrees to compensate the FIRM on
this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and
client disbursements which have been incurred to date under this Agreement, and as to future
expected levels of hours and disbursements.
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City of National City and
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H. Billing Format. Each billing entry must be complete, discrete and
appropriate.
(1) Complete.
(a) Each entry must name the person or persons involved. For
instance, telephone calls must include the names of all participants.
(b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the
related work product should be reference ("telephone call re: trial brief," "interview in preparation
for deposition").
(e)
paralegal, etc.) should be included.
The biller's professional capacity (partner, associate,
(2) Discrete: Each task must be set out as a discrete billing entry;
neither narrative nor block billing is acceptable.
(3) Appropriate.
(a) The CITY does not pay for clerical support, administrative
costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not
pay for secretarial time, word processing time, air conditioning, rental of equipment, including
computers, meals served at meetings, postage, online research, or the overhead costs of sending or
receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees,
outside photocopying, videotaping of depositions, investigative services, outside computer
litigation support services, or overnight mail.
(b) Due to the nature of the CITY' S payment process, the CITY
will not pay any late charges. Every effort will be made to pay bills promptly.
I. Staffing. Every legal matter should have a primarily responsible attorney
and a paralegal assigned. Ultimately, staffing is a CITY decision, and the CITY'S representative
may review staffing to insure that it is optimal to achieve the goals of the engagement at the least
cost.
(1) Paralegals are to be used to the maximum extent possible to enhance
efficiency and cost-effectiveness. All tasks typically considered associate work should be
considered for assignment to a paralegal. Written authorization from the CITY must be had before
associate hours billed exceed paralegal hours billed.
(2) Once an attorney is given primary responsibility for an engagement,
that person should continue on the legal matter until the matter is concluded or the attorney leaves
the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed.
(3) If more than one attorney is going to perform the same task, prior
approval from the CITY must be had. This includes document review.
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Legal Services
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City of National City and
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Article 5. Independent Contractor. The FIRM shall perform services as an
independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM
without prior written consent of the CITY. Retention of the FIRM is based on the particular
professional expertise of the individuals rendering the services required in the Scope of Services.
Article 6. Confidentiality of Work. All work performed by the FIRM including but
not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or
composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work
product shall be confidential and not released to any third party without the prior written consent
of the CITY.
Article 7. Compliance with Controlling Law. The FIRM shall comply with all
applicable laws, ordinances, regulations, and policies of the federal, state, and local governments
as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and
all directives issued by the CITY or its authorized representatives under authority of any laws
statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and
control the terms and conditions of this Agreement.
Article 8. Acceptability of Work. The C1TY 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.
If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of
performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM
shall give to the other written notice. Within ten (10) business days, the FIRM 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 or the compensation payable to the FIRM.
Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the
CITY and its agents, officers, employees, and volunteers harmless from and against all claims
asserted or liability established for damages or injuries to any person or property, including injury
to the FIRM' S employees, agents, or officers, which arise from or are connected with or caused or
claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees
in performing the work or other obligations under this Agreement, and all expenses of investigating
and defending against same; 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, employees, or volunteers.
Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and
maintain throughout the term of this Agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissions) with minimum
limits of $1,000,000 per claim.
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Legal Services
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City of National City and
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B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to the "location". The "location" should be noted with specificity on an endorsement that
shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of FIRM' S employees and employers' liability insurance with
limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver
of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement
of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, officials, 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's Risk Manager, at the address listed in subsection G below, of
cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the FIRM 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.
shall be:
G. The Certificate Holder for all policies of insurance required by this Section
City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business
in California that hold a current policy holder's alphabetic and financial size category rating of not
less than A:VII according to the current Best's Key Rating Guide, or a company of 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 List of Approved
Surplus Line Insurers ("LASLI") and otherwise meet rating requirements.
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City of National City and
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I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by the
CITY'S Risk Manager. If the FIRM does not keep all insurance policies required by this Article
10 in full force and effect at all times during the term of this Agreement, the CITY may treat the
failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Article 10, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
K. If the FIRM maintains broader coverage or higher limits (or both) than the
minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits
(or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the CITY.
Article 11. Drug Free Work Place. The FIRM agrees to comply with the CITY'S
Drug -Free Workplace requirements. Every person awarded a contract by the CITY for the
provision of services shall certify to the CITY that it will provide a drug -free workplace. Any
subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision.
Article 12. Non -Discrimination Provisions. The FIRM shall not discriminate against
any subcontractor, vendor, 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 FIRM 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 FIRM 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.
Article 13. Notification of Change in Form. The FIRM has the right to effect changes
in form including but not limited to: the change in form from a partnership to a professional law
corporation; the change in form of any partner or partners from an individual or individuals to a
professional law corporation; the change in form of any corporate partner or partners to any
individual partners. The CITY shall be promptly notified in writing of any change in form.
Article 14. Notices. In all cases where written notice is to be given under this
Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail,
postage paid. When so given, such notice shall be effective from the date of mailing of the notice.
Unless otherwise provided by notice in writing from the respective parties, notice to the Agency
shall be addressed to:
2021 Agreement
Legal Services
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City of National City and
Meyers Nave
City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
cc: Executive Assistant to the City Attorney
City of National City
1243 National City Boulevard
National City, CA 91950-4397
and to: cbell(a nationalcityca.gov
leahm(�}a,nationalcityca. gov
Notice to the FIRM shall be addressed to:
Eric Casher
Meyers Nave
1999 Harrison Street, 9th Floor
Oakland, CA 94612
cc: Melanie Meneses, Assistant to Eric Casher
Meyers Nave
1999 Harrison Street, 9th Floor
Oakland, CA 94612
and to: ecasher@meyersnave.com
mmeneses(a,meyersnave.com
Nothing contained in this Agreement shall preclude or render inoperative service
or such notice in the manner provided by law.
Article 15. Administrative Provisions.
A. Time of Essence. Time is of the essence for each provision of this
Agreement.
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.
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C. Headings. 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. California Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
E. Integrated Agreement. This Agreement including attachments and exhibits
contains all of the agreements of the parties and all prior negotiations and agreements are merged
in this Agreement. This Agreement cannot be amended or modified except by written agreement,
and mutually agreed upon by the CITY and the FIRM.
F. Severability. The unenforceability, invalidity, or illegality of any provision
of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
G. Waiver. The failure of the CITY to enforce a particular condition or
provision of this Agreement shall not constitute a waiver of that condition or provision or its
enforceability.
H. Conflict of Interest. During the term of this Agreement, the FIRM shall not
perform services of any kind for any person or entity whose interests conflict in any way with
those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a
waiver of a potential conflict of interest under certain circumstances.
I. 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.
J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
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, and (iii) 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.
2021 Agreement
Legal Services
Page 8 of 9
City of National City and
Meyers Nave
CITY OF NATIONAL CITY
By:
Charles E. Bell, Jr.
City Attorney
2021 Agreement
Legal Services
MEYERS NAVE
(Corporation — signatures of hvo corporate officers)
By:
Title: Principal
, Esq.
By: , Esq.
Title:
Page 9 of 9
City of National City and
Meyers Nave
EXHIBIT A
1999 Harrison Street, 9th Floor
Oakland, California 94612
tel (510) 808-2000
fax (510) 444-1108
www.meyersnave.com
m eye rs
nave
February 17, 2021
Via Electronic Mail
PERSONAL & CONFIDENTIAL
Charles E. Bell Jr.
City Attorney
National City
1243 National City Blvd.
National City, CA 91950-4397
E-Mail: cebell@nationalcityca.gov
Re: Engagement of Legal Services
Dear Mr. Bell:
Eric S. Casher
Attorney at Law
ecasher@meyersnave.com
Thank you for retaining Meyers Nave ("Meyers Nave") to perform legal services in
connection with National City ("Client") for which you are the City Attorney. We appreciate
the opportunity to serve as your lawyers and look forward to working with you.
This letter sets forth our agreement concerning the legal services we will provide and our fee
arrangements for those services. Please read this entire agreement before signing and
returning it to us.
1. Scope of Engagement. We will provide the legal services reasonably required to
represent and advise you in connection with the drafting of related documents including but
not limited to an Operating or Development Agreement, and assist with the implementation
of a commercial cannabis structure and program in the City. Our work is limited to such
services. We will also provide legal services for additional matters that you request of us,
provided we agree to perform that additional work. A letter confirming such additional work
shall bring such work within the scope of this agreement.
2. Fees and Personnel. As compensation for our services, our fees will be based on our
current standard billing rate for the personnel performing services under this agreement at the
time such services are rendered. Our standard billing rates for attorneys and paralegals are
attached as Attachment 1.
I will be the principal in charge of representing your interests. If other attorneys and/or
paralegals are assigned to work on your matter, the then current hourly rates of those
4 PROf ESSIONAL LAW CORPORATION
OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
Charles E. Bell Jr.
February 17, 2021
Page 2
individuals will be utilized. This agreement retains the legal services of our law firm and not
of a particular attorney. Hourly rates are subject to reasonable change, usually at the
beginning of each year.
3. Retainer. As discussed, the Firm will not require a retainer to commence services
related to this matter. However, the Firm reserves the right to require a retainer in the future
if it determines that circumstances warrant.
4. Disbursements and Expenses. In addition to hourly fees, we may incur out-of-
pocket expenses related to your representation. Our Statement of Fee and Billing
Information, which sets forth the details of our disbursement and expense policy, is attached
as Attachment 2.
5. Billing and Payment Responsibilities. We will send monthly statements which are
due within 30 days of receipt. If you have any questions about an invoice, please promptly
telephone or write me so that we may discuss these matters. Our Statement of Fee and
Billing Information sets forth the details of our fee and billing policy.
6. Termination of Services. You may terminate our services at any time by written
notice. After receiving such notice, we will cease providing services. We will cooperate
with you in the orderly transfer of all related files and records to your new counsel.
We may terminate our services at any time with your consent or for good cause. Good cause
exists if (a) any statement is not paid within 60 days of its date; (b) you fail to meet any other
obligation under this agreement and continue in that failure for 15 days after we send written
notice to you; (c) you have misrepresented or failed to disclose material facts to us, refused to
cooperate with us, refused to follow our advice on a material matter, or otherwise made our
representation unreasonably difficult; or (d) any other circumstance exists in which ethical
rules of the legal profession mandate or permit termination, including situations where a
conflict of interest arises. If we terminate our services, you agree to execute a substitution of
attorneys promptly and otherwise cooperate in effecting that termination.
Termination of our services, whether by you or by us, will not relieve the obligation to pay
for services rendered and costs incurred before our services formally ceased.
7. Insurance. During the term of this engagement, this law firm shall take out and
maintain general liability and property damage insurance in amounts not less than
$1,000,000; professional errors and omissions insurance, in amounts not less than $2,000,000
per occurrence; and $4,000,000 aggregate, which insurance may not be canceled or reduced
in required limits of liability unless at least ten days advance written notice be given to you.
8. No Guarantee of Outcome. Any comments made by us about the potential outcome
of this matter are expressions of opinion only and are not guarantees or promises about any
outcome or results.
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
Charles E. Bell Jr.
February 17, 2021
Page 3
9. Dispute Resolution. In the event you become dissatisfied with any aspect of our
relationship, we encourage you to bring such concerns to our attention immediately. If we are
unable to resolve any dispute, either arising out of or in connection with this Agreement or
relating to the services performed by our firm or any of its attorneys, to our mutual
satisfaction, our firm will first comply with any mandatory dispute resolution procedures that
may apply to any such dispute.
If we are unable to resolve any dispute, and after mandatory dispute resolution procedures
have been waived or exhausted, the parties shall submit such dispute to final and binding
arbitration in San Diego County, California before the American Arbitration Association,
pursuant to its then prevailing rules, unless the parties agree in writing to a different
arbitration method or forum.
By signing this agreement, you acknowledge and agree that you have read and understand
this arbitration provision. You understand that by agreeing to arbitration we each give up the
right to present our claims or defenses for trial by a judge or jury, and we also give up the
right to an appeal. The initial resort to the courts by either party shall not be considered a
waiver of that party's right to compel binding arbitration under this provision. This
agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to principles of conflicts of laws.
10. Document Retention. In the course of the Firm's representation of National City,
you may provide us with and we may obtain documents that are relevant to the
representation. Some of those documents may be important to you and so that there is no
confusion we find that it is useful at the inception of the representation for us to communicate
our Document Retention Policy. Meyers Nave is committed to using less paper and
eliminating unnecessary copies of documents. Documents of Record can be either hard
copies or digital, regardless of the form they took originally when created or received by the
Firm. Whenever it is proper and practicable, the Firm prefers Documents of Record (official
version) to be in a digital format. Further, if record is stored electronically, then paper copies
may be deemed duplicative and may be purged. This helps us manage information, helps the
environment and helps us control costs. The materials pertaining to this matter belong to you
and you may access them or have duplicates provided to you at any time during your
representation with the exception of certain Meyers Nave Firm and accounting information.
At the conclusion of this matter, no further representation will be provided and we
recommend that you make arrangements to retrieve all original documents.
It is the Firm's general policy that we maintain records for a period of seven (7) years after
conclusion of the matter, although due to certain practical considerations that is not always
possible. Additionally, while we take steps to ensure that all records are held in strict
confidence and maintained in a secure location, we cannot guarantee that something beyond
our control will not occur resulting in damage to client records.
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
Charles E. Bell Jr.
February 17, 2021
Page 4
Thus, if in the course of our representation you provide us with original documents that you
consider important or desire to keep, we recommend that, first, you inform us in writing that
the documents are important. And second, we ask that you take immediate possession of such
documents upon the conclusion of our representation. If we do not hear from you, we will
generally retain only the documents and materials pertaining to this matter which we
designate as vital for a period of seven (7) years. After which such documents will be
destroyed unless, before that time, you notify us in writing that you wish to take possession
of them.
11. Entire Agreement; Full Understanding; Modifications in Writing. This letter
contains our entire agreement about our representation. Any modifications or additions to
this letter agreement must be made in writing.
12. Joint Representation. Our firm maintains of counsel agreements with certain legal
specialists. Because these individuals are deemed independent contractors under the
applicable provisions of the tax laws and not employees of our firm, it is necessary that you
consent to dual representation by our firm and the specialist in the event the matter which
you have engaged us to handle requires the use of that specialist. This arrangement has no
effect whatsoever on the cost of your legal services, rather it is an ethical requirement that we
disclose this fact and that you consent. You are consenting by signing this letter.
13. Conflicts. Our firm represents many public agencies in California, Nevada and
Arizona. Since 1986, we have represented over seven hundred public clients, including
numerous cities, redevelopment agencies, special districts, counties and other public entities,
and we are accepting new engagements all the time. It is virtually inevitable that we will
work on projects from other clients having different governmental or political objectives,
beliefs or views from National City.
In view of the fact that National City is a City, this letter confirms that the services which we
are rendering to you are limited in scope and for the benefit of National City only. Meyers
Nave performs a variety of professional services for its clients and it is possible that we will
represent public agency clients which are adverse to you on other matters. To avoid potential
problems, you agree that you expressly waive any actual or potential conflicts that might
arise from such representation, that you will not attempt to disqualify Meyers Nave on such
matters, and that our firm is free to represent its clients on such matters.
By signing this letter and returning it to us, you acknowledge that we have discussed these
matters and you confirm that National City does not object to our representation of clients on
matters where their legal, governmental or political objectives and/or positions may be
different from or adverse to those of National City, and that National City waives any
conflict of interests with respect to our representation of such clients with differing legal,
governmental or political interests. You further confirm that National City will not assert
any conflict of interest concerning such representation or attempt to disqualify this firm from
representing such clients notwithstanding such adversity. While you would certainly be free
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
Charles E. Bell Jr.
February 17, 2021
Page 5
to terminate our relationship, you agree that this firm nonetheless would be free to represent
such clients even on those matters which you consider adverse, and that you waive any
conflict of interest in connection therewith.
Needless to say, these acknowledgments do not permit our firm to represent another client in
opposing the specific project for which you engage us without your specific written consent.
You may wish, and we encourage you, to consult legal counsel regarding the effect of this
conflict waiver.
We would request that you review this letter carefully and, if it is consistent with your
understanding of our respective responsibilities, please so indicate by returning a signed copy
of this letter to me at your earliest convenience. Enclosed is an additional copy of this letter
which you should retain for your records. Again, we thank you for allowing us the
opportunity to serve as your lawyers.
Sincerely,
Eric S. Casher
Principal
ESC:MCM
Enclosures
c: Conflicts Department
Billing Department
These terms are accepted and agreed to as of the date of this letter.
National City
By:
Charles E. Bell Jr.
City Attorney of National City
3691383.1
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO
meyers
nave
ATTACHMENT 1
MEYERS, NAVE, RIBACK, SILVER & WILSON
RATE SHEET
Principal
$395
Of Counsel
$340
Associate
$300
meyers
nave
ATTACHMENT 2
MEYERS, NAVE, RIBACK, SILVER & WILSON
STATEMENT OF FEE AND BILLING INFORMATION
The following is a general description of our fee and billing policies. These general policies
may be modified by the specific engagement letter or agreement to which this summary is
attached.
Professional Fees. Our fees for professional services are based on the fair value of the
services rendered. To help us determine the value of our services, our attorneys and
paralegals maintain time records for each client and matter. Our attorneys and paralegals are
assigned hourly rates which are based on years of experience, specialization, training and
level of professional attainment. We adjust our rates periodically (usually at the beginning of
each year) to take into account inflation and the increased experience of our professional
personnel.
To keep professional fees at a minimum, legal work that does not require more experienced
attorneys will be performed, where feasible, by attorneys with lower billing rates. Of course,
the quality of the work is paramount, and we do not sacrifice quality to economy.
Before undertaking a particular assignment, we will, if requested, provide you with a fee
estimate to the extent possible. Estimates are not possible for some matters, however, and
cannot be relied on in many others because the scope of our work will not be clear at the
outset. When a fee estimate is given, it is only an estimate; it is not a maximum or minimum
fee quotation. The actual fee may be more or less than the quoted estimate.
Retainer. Our normal practice is to require a retainer to cover a portion of the anticipated
attorneys' fees and costs. Any retainer will be placed in the firm's trust account. At the
conclusion of our services, we will return to our client any unapplied retainer, after deducting
payment for charges billed or to -be -billed for services and any remaining out-of-pocket
expenses.
Billing And Payment Procedures. Unless other arrangements are made at the time of the
engagement, invoices will be sent monthly. Invoices for outside services exceeding $100
may be billed separately. Occasionally, however, we may defer billing for a given month or
months if the accrued fees and costs do not warrant current billing or if other circumstances
would make it appropriate to defer billing.
Our invoices contain a brief narrative description of the work performed; if requested, the
initials of the attorney who performed the work will appear on the statement. The invoice
will include a line item reflecting in-house administrative costs. The firm's in-house
administrative costs include, but are not limited to, duplicating, facsimile charges, telephone
charges, E-mail, postage, mileage and other administrative expenses. We have determined
that the most effective method of accounting for these administrative costs is to charge a flat
5% of the professional fees incurred.
meyers
nave
The firm will be reimbursed for all outside services incurred in the course of providing legal
services to our client(s). Outside services will include, but are not limited to, all third -party
expenses, delivery charges, travel expenses, outside research services, filing fees, expert
witness and expert consultant fees. To defray the firm's costs for administering these
services, there will be an additional cost advance charge of 2% for all outside services of
$100 or more.
If you have any questions regarding an invoice, the Finance Director or Executive Director is
available to answer your questions. For any unresolved matters, the Bar Association has an
arbitration mechanism that can be used to resolve such matters.
Late Payments. Statements for services are payable upon presentation and, in all events,
within thirty (30) days after receipt. Occasionally a client has difficulty in making timely
payments. To avoid burdening those clients who pay their statements promptly with the
added costs we incur as a result of late payments, a late charge will be assessed on statements
not paid within thirty (30) days. The maximum monthly late payment charge will be 1.5%
per month. In the unlikely event we are required to institute legal proceedings to collect fees
and costs, the prevailing party will be entitled to reasonable attorneys' fees and other costs of
collection.
The following page(s) contain the backup material for Agenda Item: Warrant Register #32
for the period of 2/03/21 through 2/09/21 in the amount of $2,455,294.45. (Finance)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #32 for the period of 2/03/21 through 2/09/21 in the amount of $2,455,294.45.
(Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
EXPLANATION: APPROVED BY: . --�
Per Government Section Code 37208, below are the payments issued for period 2/03/21 - 2/09/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
CALPERS 351229 56,042.16 2021 Replacement Charges for Benefits
Health Net Inc 351259 85,518.25 Grp# R1192A — January 2021
Health Net Inc 351260 82,025.94 Grp# R1192A — February 2021
Kaiser Foundation 351265 185,651.28 Grp 104220-0002 — Dec 2020
Portillo Concrete 351280 59,820.25 CIP 18-10 Euclid Bike & Ped Enhancemnt
Project Professionals 351282 132,677.06 CIP 19-43 P1 Sewer Upsizing — Eng/PW
Tyler Technologies 351312 62,436.13 Eden Annual Support 1/1/21 — 12/31/21
Whillock Contracting 351318 309,294.69 CIP 18-07 Paradise Creek Park Site
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $2,455,294.45.
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Ratify warrants totaling $2,455,294.45.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 32
1r/
CALIFORNIA
PAYEE
A&B SAW & LAWNMOWER
ADMINSURE INC
AETNA BEHAVIORAL HEALTH
ALTA LANGUAGE SERVICES INC
AT&T
AT&T
AZTECA SYSTEMS LLC
BLUE PACIFIC ENGINEERING
BMI
BUREAU VERITAS N AMERICA INC
CAPF
CALIFORNIA LAW ENFORCEMENT
CALPERS - FINANCIAL REPORTING
CALPERS - FINANCIAL REPORTING
CANON SOLUTIONS AMERICA INC.
CARLOMAGNO, A
CARTEGRAPH SYSTEMS INC
CHEN RYAN ASSOCIATES INC
CITY OF LEMON GROVE
COX COMMUNICATIONS
DALEY & HEFT LLP
DAY WIRELESS SYSTEMS
DELL MARKETING L P
DELTA DENTAL
DELTA DENTAL
DELTA DENTAL
DELTA DENTAL
DELTA DENTAL
DELTA DENTAL INSURANCE CO
DELTA DENTAL INSURANCE CO
DELTA DENTAL INSURANCE CO
EPLASTICS
ESGIL CORPORATION
EXPERIAN
FACTORY MOTOR PARTS
HAMEL, K
HEALTH NET
HEALTH NET
HEALTH NET
HEALTH NET
HEALTH NET
HEALTH NET
HEALTH NET INC
HEALTH NET INC
HEALTH NET INC
HEALTH NET INC
HOME DEPOT CREDIT SERVICES
INNOVATIVE CONSTRUCTION
NATIONAL CITy
coRPOR
VJ
WARRANT REGISTER # 32
2/9/2021
DESCRIPTION
HUSQUAVERNA ANTIVIBRATION SPRING / FIRE
AGREEMENT TO PROVIDE MONTHLY SERVICES
EMPLOYEE ASSISTANCE PROGRAM - FEBRUARY
EMPLOYEE BILINGUAL TESTING
AT&T SBC ANNUAL PHONE SERVICE FOR FY21
AT&T SBC ANNUAL PHONE SERVICE FOR FY21
SEECLICKFIX INTEGRATION MEETING
CIP 18-14 SWEETWATER BIKEWAY CONNECTION
MUSIC PERFORMANCE AGREEMENT BMI
INSPECTION SERVICES - BUREAU VERITAS
JANUARY 2021 - FIRE LTD
JANUARY 2021 - PD LTD
2021 REPLACEMENT CHGS TO REPLACE BENEFIT
2021 REPLACEMENT CHGS/REPLACEMENT BENEFIT
PLOTWAVE 345 PRINTER MAINTENANCE
TRAINING ADV POST SUB FTO UPDATE
CARTEGRAPH ANNUAL RENEWAL / MIS
24TH ST TODO - ENG/PW
LIABILITY CLAIM COST
COX DATA VIDEO SERVICES FOR FY21
LIABILITY CLAIM COST
COMPANY MAINTENANCE CONTRACT /FIRE
DELL LATITUDE 7200 2-IN-1 TABLET
JAN 2021 GRP 05-0908600000
DECEMBER 2020 05-0908600000
FEB 2021 GRP 05-0908600000
JAN 2021 GRP 05-0908601002
DECEMBER 2020 GRP 05-0908601002
DEC 2020 GRP 05-7029600000
JAN 2021 GRP 05-7029600000
FEB 2021 GRP 05-7029600000
CLEAR EXTRUDED PLEXIGLASS ACRYLIC SHEET
PERMIT TECH SERVICES - ESGIL
CREDIT CHECKS
WINDOW REG ADDY FOR EQUIPTMENT
EDUCATION REIMBURSEMENT
GRP #R1192Q - JANUARY 2021
GRP #R1192Q - FEBRUARY 2021
GRP N7177A - JAN 2021
GRP N7177A - FEB 2021
GRP #N7176F - JANUARY 2021
GRP #N7176F - FEBRUARY 2021
GRP #R1192A - JANUARY 2021
GRP #R1192A - FEBRUARY 2021
GRP #LB439A - FEBRUARY 2021
GRP #LB439A - JANUARY 2021
WEATHERGUARD TRUCK BOX
CIP 18-14 SWEETWATER BIKE PATH - ENG/PW
CHK NO DATE AMOUNT
351217 2/9/21 27.96
351218 2/9/21 7,872.50
351219 2/9/21 973.76
351220 2/9/21 66.00
351221 2/9/21 1,934.67
351222 2/9/21 71.83
351223 2/9/21 200.00
351224 2/9/21 2,092.38
351225 2/9/21 651.60
351226 2/9/21 24,500.00
351227 2/9/21 1,003.00
351228 2/9/21 2,058.00
351229 2/9/21 56,042.16
351230 2/9/21 8,026.36
351231 2/9/21 82.38
351232 2/9/21 384.00
351233 2/9/21 39,000.00
351234 2/9/21 25,669.50
351235 2/9/21 1,030.13
351236 2/9/21 711.78
351237 2/9/21 1,720.00
351238 2/9/21 549.00
351239 2/9/21 10,139.25
351240 2/9/21 14,620.51
351241 2/9/21 14, 233.84
351242 2/9/21 5,724.74
351243 2/9/21 774.07
351244 2/9/21 416.11
351245 2/9/21 2,475.66
351246 2/9/21 2,426.16
351247 2/9/21 1,136.68
351248 2/9/21 5,565.07
351249 2/9/21 27,475.14
351250 2/9/21 249.28
351251 2/9/21 67.53
351252 2/9/21 413.35
351253 2/9/21 1,969.92
351254 2/9/21 1,969.92
351255 2/9/21 2,692.72
351256 2/9/21 2,692.72
351257 2/9/21 1,598.46
351258 2/9/21 1,598.46
351259 2/9/21 85,518.25
351260 2/9/21 82,025.94
351261 2/9/21 5,983.61
351262 2/9/21 2,946.00
351263 2/9/21 984.42
351264 2/9/21 34,694.00
1/3
1r/
CALIFORNIA
PAYEE
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
LASER SAVER INC
LEFORT'S SMALL ENGINE REPAIR
LIEBERT CASSIDY WHITMORE
NATIONAL CITY CAR WASH
OFFICE SOLUTIONS BUSINESS
PARTS AUTHORITY METRO LLC
PENSKE FORD
PORTILLO CONCRETE INC
PRO BUILD COMPANY
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
RAMIREZ, 0
RANDALL LAMB ASSOCIATES INC
RELIANCE STANDARD
RELY ENVIRONMENTAL
SAINZ, L
SAKAMOTO, C
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO PET SUPPLY
SASI
SCANLON, D
SDG&E
SEECLICKFIX INC
SHARP ELECTRONICS CORPORATION
STAPLES BUSINESS ADVANTAGE
STAPLES BUSINESS ADVANTAGE
STINNETT, R
SWAGIT PRODUCTION LLC
SWEETWATER AUTHORITY
THE LINCOLN NATIONAL LIFE INS
THE LINCOLN NATIONAL LIFE INS
THE STAR NEWS
TINOSA INC
TOPECO PRODUCTS
TYLER TECHNOLOGIES INC
NATIONAL CITy
coRPOR
VJ
WARRANT REGISTER # 32
2/9/2021
DESCRIPTION
GRP 104220-0002 DEC 2020
GRP 104220-01, 06, 07 - NOV 2020
GRP 104220-01, 06, 07 - DEC 2020
GRP 104220-03, 09 - NOV 2020
GRP 104220-03, 09 - DEC 2020
GRP 104220-0005 DEC 2020
GRP 104220-7002 - NOV 2020
GRP 104220-7002 DEC 2020
MOP 04840 TONER PD
MOP 80702 AUTO SUPPLIES - PW
PERSONNEL MATTER
CARWASH SERVICES FOR FLEET FY 2021
MOP OFFICE SUPPLIES FOR SECTION 8
MOP 75943 AUTO SUPPLIES - PW
R&M CITY VEHICLES FY 2021
CIP 18-10 EUCLID AVE BIKE AND PED ENHANCEMNT
MOP 45707 GENERAL SUPPLIES - PW
CIP 19-43 P1 SEWER UPSIZING - ENG/PW
MOP 45742 LAUNDRY SERVICES - PW
TRAINING REIM SLI 1
CITY OF NC CIVIC CENTER EOC POWER UPGRADE
OCT 2020 - VOL LIFE VAI1826233, VCI80114
NC PUBLIC WORKS CONSULTING - ENG/PW
ICC CERTIFICATION RENEWALS REIMBURSEMENT
TRAINING ADV POST SUB
TRAINING TUITION 124PD ACADMY / PD
TRAINING 124TH REG ACADEMY / PD
TRAINING TUITION 124 REG ACADEMY / PD
/ PDTRAINING TUITION 124 ACADEMY / PD
TRAINING TUITION BASIC TRAFF TAPIA / PD
TRAINING TUITION TC RADAR / PD
MOP 02975 K9 SUPPLIES PD
DEBIT CHGS 1/1/21-1/31/21 TRUST ACCTING
TRAINING POST ADV SUB
GAS AND ELECTRIC UTILITIES FOR STREETS
SEECLICKFIX ANNUAL RENEWAL
MAINTENANCE 20 SHARP COPIERS FOR FY21
STAPLES MOP FY21
STAPLES MOP FY21
TRAINING ADV SUB POST
SWAGIT WEBCASTING FOR FY21
WATER BILL FOR PARKS DIVISION FY 2021
GRP #415491-FEBRUARY 2021
GRP #415491- JANUARY 2021
ADVERTISING NOTICES FOR FY2021 FOR SEC 8
2OPPM CO TEST GAS (P/N CYL-0016)
MOP 63849 AUTO SUPPLIES - PW
EDEN ANNUAL RENEWAL 1/1/21-12/31/21
CHK NO DATE AMOUNT
351265 2/9/21 185,651.28
351266 2/9/21 20,445.28
351267 2/9/21 20,445.28
351268 2/9/21 6,797.28
351269 2/9/21 6,797.28
351270 2/9/21 5,830.46
351271 2/9/21 591.62
351272 2/9/21 591.62
351273 2/9/21 678.22
351274 2/9/21 22.29
351275 2/9/21 2,605.00
351276 2/9/21 200.00
351277 2/9/21 457.58
351278 2/9/21 757.63
351279 2/9/21 1,104.62
351280 2/9/21 59,820.25
351281 2/9/21 456.79
351282 2/9/21 132,677.06
351283 2/9/21 349.60
351284 2/9/21 320.85
351285 2/9/21 3,312.50
351286 2/9/21 7,956.86
351287 2/9/21 603.50
351288 2/9/21 120.00
351289 2/9/21 1,280.00
351290 2/9/21 690.00
351291 2/9/21 207.00
351292 2/9/21 184.00
351293 2/9/21 92.00
351294 2/9/21 46.00
351295 2/9/21 46.00
351296 2/9/21 637.23
351297 2/9/21 110.00
351298 2/9/21 1,280.00
351299 2/9/21 29,102.72
351300 2/9/21 17,516.14
351301 2/9/21 1,150.29
351302 2/9/21 1,054.77
351303 2/9/21 2,404.71
351304 2/9/21 1,280.00
351305 2/9/21 1,920.83
351306 2/9/21 3,949.40
351307 2/9/21 9,856.23
351308 2/9/21 445.62
351309 2/9/21 148.63
351310 2/9/21 319.06
351311 2/9/21 260.08
351312 2/9/21 62,436.13
2/3
PAYEE
U S BANK
US BANK
VELARDE SALES
VERIZON WIRELESS
VISION SERVICE PLAN
WHILLOCK CONTRACTING
WILLY'S ELECTRONIC SUPPLY
PAYROLL
Pay period Start Date
3 1/12/2021
1!✓
_ +}-�CAI_IIFO' RNIA
NNTr
nti
TNCO R ED _
WARRANT REGISTER # 32
2/9/2021
DESCRIPTION
CREDIT CARD EXPENSES/FIRE DEPARTMENT,CHR
9 EXTENDED WARRANTIES FOR 9 HEADSETS
LICENSE REIMBURSEMENT
VERIZON CELLULAR SERVICES FOR FY21
DEC 20/JAN 21 - VISION SVC PLAN
CIP 18-07 PARADISE CREEK PARK SITE
ELECTRONICS ITEMS / MIS
End Date
1/25/2021
Check Date
2/3/2021
GRAND TOTAL
CHK NO DATE
351313 2/9/21
351314 2/9/21
351315 2/9/21
351316 2/9/21
351317 2/9/21
351318 2/9/21
351319 2/9/21
AIP Total
AMOUNT
2,728.83
346.07
75.00
8,134.34
1,645.22
309,294.69
279.45
1,402,572.11
1,052,722.34
$ 2,455,294.45
3/3
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.
PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER
RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL 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 16tl OF MARCH, 2021.
AYES
NAYS
ABSENT
The following page(s) contain the backup material for Agenda Item: Warrant Register #33
for the period of 2/10/21 through 2/16/21 in the amount of $261,842.17. (Finance)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #33 for the period of 2/10/21 through 2/16/21 in the amount of $261,842.17. (Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, below are the payments issued for period 2/10/21 - 2/16/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
Countywide Mechanical 351329 51,537.19 Citywide on -site HVAC Services
SDG&E 351348 74,937.69 Gas and Electric Utilities
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $261,842.17.
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Ratify warrants totaling $261,842.17.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 33
1r/
CALIFORNIA
PAYEE
ACOSTA, V
ALDEMCO
ALL FRESH PRODUCTS
BIBLIOTHECA LLC
CALIFORNIA ASSOCIATION OF CODE
CHICANO FEDERATION OF
CORBIN & ASSOCIATES, INC
COUNTY OF SAN DIEGO
COUNTYWIDE MECHANICAL SYSTEMS
CSA SAN DIEGO COUNTY
ENTERPRISE FLEET MANAGEMENT
HDL COREN & CONE
HINDERLITER DE LLAMAS
HOME DEPOT CREDIT SERVICES
JANI-KING OF CALIFORNIA INC
KIMLEY HORN
MAAC PROJECT
MC CLURE JR, S
MENDIOLA, S
METEAU JR, R
MV CHENG & ASSOCIATES INC.
NAN MCKAY AND ASSOCIATES INC
OFFICE SOLUTIONS BUSINESS
PALMA, A
PRO BUILD COMPANY
PRUDENTIAL OVERALL SUPPLY
ROBERTS, M
SDG&E
SHRED -IT
SMART & FINAL
SMART SOURCE OF CALIFORNIA LLC
SOUTH BAY COMMUNITY SERVICES
STAPLES BUSINESS ADVANTAGE
SYSCO SAN DIEGO INC
T-MOBILE MOBILE USA INC.
TODD PIPE & SUPPLY LLC
U S BANK
WAXIE SANITARY SUPPLY
NATIONAL ICITy
-N OR ED
WARRANT REGISTER # 33
2/16/2021
DESCRIPTION
REIMBURSEMENT FOR SAFETY BOOTS / PW
FOOD / NUTRITION
COVID 19 CONSUMABLES
ANNUAL SUPPORT AND MAINTENANCE - RFID
CACEO COURSE / NSD
LIABILITY CLAIM COST
TRAINING TUITION SRO MCCLURE / PD
CEQA NOTICE OF EXEMPTION FILING - KIMBALL
CITYWIDE ON -SITE HVAC SERVICES
CDBG AGREEMENT WITH CSA SAN DIEGO
ENTERPRISE FLEET LEASE - ENG/PW
CONTRACT SVCS PROPERTY TAX: JAN-MAR2021
AUDIT SVCS-TRANSACTION TAX / ALLOCATION
GENERAL SUPPLIES FOR FY 2021
CLEANING SERVICES FOR NUTRITION CENTER
8TH & ROOSEVELT ATP - ENG/PW
CARES ACT CDBG-CV AGREEMENT WITH MAAC
TRAINING ADV POST SUBSISTENCE
MILEAGE REIMBURSEMENT
EDUCATION REIMBURSEMENT
CONSULTING SVCS FOR JANUARY 2021
PROFESSIONAL FEES, OTHER DIRECT COST
MOP PURCHASE 83778 / FIRE ADMIN SUPPLIES
REFUND/MOVIE CANCELLED DUE TO COVID19
MOP # 45707 - CHRISTMAS LIGHT SUPPLIES
UNIFORM CLEANING SERVICE
FORMER EMPLOYEE REIMBURSMENT / FINANCE
GAS AND ELECTRIC UTILITIES
DECEMBER SHEDDING FOR SECTION 8
CASA DE SALUD SNACKS FOR TEEMNS
MOP #63845 BUSINESS CARD / COUNCIL
CARES ACT CDBG-CV AGREEMENT
OFFICE SUPPLIES / PD
FOOD / NUTRITION
ACCOUNT 972016943 - MONTHLY CHARGES / LIB
CITYWIDE PLUMBING MATERIALS & PARTS
TRAINING CREDIT CARD
JANITORIAL SUPPLIES / FIRE DEPT
GRAND TOTAL
CHK NO DATE AMOUNT
351320 2/16/21 125.00
351321 2/16/21 5,042.19
351322 2/16/21 1,710.68
351323 2/16/21 10,876.89
351324 2/16/21 129.00
351325 2/16/21 5,000.00
351327 2/16/21 385.00
351328 2/16/21 100.00
351329 2/16/21 51,537.19
351330 2/16/21 2,921.64
351331 2/16/21 16, 396.09
351332 2/16/21 2,979.83
351333 2/16/21 362.29
351334 2/16/21 533.07
351335 2/16/21 11,965.79
351336 2/16/21 31,326.88
351337 2/16/21 4,778.74
351338 2/16/21 640.00
351339 2/16/21 30.18
351340 2/16/21 1,227.00
351341 2/16/21 10, 800.00
351342 2/16/21 4,980.00
351343 2/16/21 117.37
351344 2/16/21 10.00
351345 2/16/21 389.60
351346 2/16/21 200.80
351347 2/16/21 682.45
351348 2/16/21 74,937.69
351349 2/16/21 205.62
351350 2/16/21 218.83
351351 2/16/21 290.00
351352 2/16/21 9,481.00
351353 2/16/21 128.98
351354 2/16/21 7,178.70
351355 2/16/21 34.32
351356 2/16/21 524.04
351357 2/16/21 1,789.18
351358 2/16/21 1,806.13
A/P Total 261,842.17
$ 261,842.17
1/1
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.
PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER
RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL 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 16tl OF MARCH, 2021.
AYES
NAYS
ABSENT
The following page(s) contain the backup material for Agenda Item: Public Hearing No. 1 of
2 for the U.S Department of Housing and Urban Development (HUD) 2021-2022 Annual
Action Plan and the allocation of 2021-2022 HUD entitlement grant funds, program income,
and funds remaining from completed projects to Community Development Block Grant
(CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for
2021-2022 Annual Action Plan. (Housing Authority)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021
AGENDA ITEM NO.
ITEM TITLE:
Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2021-2022 Annual
Action Plan and the allocation of 2021-2022 HUD entitlement grant funds, program income, and funds remaining
from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships
(HOME) Program activities proposed for 2021-2022 Annual Action Plan.
PREPARED BY: Angelita Palm ';Housing Programs Manager
PHONE: (619) 336-4219
DEPARTMENT: Housing Authority
APPROVED BY:
EXPLANATION:
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to
prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded
by the U.S. Department of Housing and Urban Development (HUD). The Second -Year Action Plan for program year
2021-2022 outlines how the City intends to spend $733,391.00 in federal Community Development Block Grant (CDBG)
and $328,323.00 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the
funding sources noted above, the City will reprogram $52,270.65 remaining from previously completed projects for
CDBG as well as reprogram $187,637.91 in HOME program income received.
A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 4, 2021 to
review public comments received during a 30-day public review period from March 19 through April 18, 2021, on the
draft 2021-2022 Annual Action Plan; and to provide interested persons and community groups with one last
opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed
for program year 2021-2022. After all public comments have been considered at the Public Hearing on May 4, 2021,
the City Council will adopt the Second -Year Action Plan.
A detailed explanation of the CDBG and HOME Programs and process is explained in Attachment No. 2.
FINANCIAL STATEMENT: APPROVED: , finance
ACCOUNT NO. APPROVED: IS
The City will receive $733,391.00 in CDBG and $313,035.00 in HOME Program funds for FY 2022. In addition, the City
will reprogram to FY 2022 $52,270.65 of CDBG funds from completed projects and $187,637.91 in HOME program
income received.
ENVIRONMENTAL REVIEW:
Not applicable.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Conduct the Public Hearing and approve recommendations for the CDBG and HOME funding allocations from the
sources identified in the Financial Statement above.
BOARD / COMMISSION RECOMMENDATION:
Not applicable to this report.
ATTACHMENTS:
Attachment No. 1: 2021-2022 Action Plan Funding Recommendations
Attachment No. 2: Explanation
Attachment No. 3: 2020-2024 Overview of Consolidated Plan Priorities and Goals
Attachment No. 4: Notice of Public Hearing
Attachment No. 1
„r CALIFORNIA «•
NIILTIONAAL Cillir
Community Development Block Grant &
HOME Investment Partnerships Program's
Annual Action Plan Funding Recommendations for
HUD Program Year 2021
City Fiscal Year 2021-2022
:! 3(�1 ,
rNCORPOj F D
CDBG Entitlement: $733,391.00 HOME Entitlement: $328,323.00
CDBG Reallocation $ 52,270.65 HOME Program Income 2019: $187,637.91
Total CDBG funds available: $785,661.65
A summary of the applications
Total HOME funds available: $515,960.91
with the eligibility analysis is available at www.nationalcityca.gov/cdbq-home.
Community Development Block Grant (CDBG) Program
Public Service Funds Available: $82,091.15
Applicant Name
Program Name
Funding
Request
FY 2021 Staff
Recommendation
FY 2020
Award
Community Services Department
Casa de Salud Youth Afterschool
Program
$ 91,011.00
$ 20,000.00
$ 48,818.00
National City Public Library
Literacy Services Program
$ 52,000.00
$ 43,000.00
$ 52,000.00
SBCS
NCPD Support Service: Domestic
Violence Response Team
$ 20,000.00
$ 19,091.15
$ 17,500.05
TIP San Diego
Trauma Intervention Programs
$ 14,168.15
$ -
$ -
Police Department
AEDs for Police Vehicles
$ 39,992.70
$ -
$ -
Public Service Total:
$ 177,179.15
$ 82,091.15
$ 118,318.05
Non -Public Services Funds Available: $556,892.50
Applicant Name
Program Name
Funding
Request
FY 2021 Staff
Recommendation
FY 2020
Award
Neighborhood Services Division
Housing Inspection Program
$ 52,270.65
$ -
$ 120,981.39
Fire Department
Fire Station 34 Section 108 Loan
Payment
$ 556,892.50
$ 556,892.50
$ 532,804.00
Non -Public Service Total:
$ 609,163.15
$ 556,892.50
$ 653,785.39
Planning and Administration Funds Available: $146,678.20
Applicant Name
Program Name
Funding
Request
FY 2021 Staff
Recommendation
FY 2020
Award
National City Housing Authority
CDBG Program Administration
$ 105,678.00
$ 105,678.00
$ 122,757.40
CSA San Diego County
Fair Housing and Tenant -Landlord
Education
$ 41,000.00
$ 41,000.00
$ 35,000.00
Planning & Admin Total:
$ 146,678.00
$ 146,678.00
$ 157,757.40
CDBG Total:
$ 933,020.30
$ 785,661.65
$ 929,860.84
HOME Investment Partnerships (HOME) Program
Project Funds Available: $464,364.91
Applicant Name
Program Name
Funding
Request
FY 2021 Staff
Recommendation
FY 2020
Award
South Bay Community Services
Tenant Based Rental Assistance
Program
$ 356,532.00
$ 415,116.00
$ 446,940.99
National City Housing Authority set -aside for a
Community Housing Development Organization (CHDO)
CHDO Set -Aside
$ 49,248.45
$ 49,248.91
$ 88,600.00
Total:
$ 405,780.45
$ 464,364.91
$ 535,540.99
Planning & Administration Funds Available: $51,596.09
Applicant Name
Program Name
Funding
Request
FY 2021 Staff
Recommendation
FY 2020
Award
National City Housing Authority
HOME Program Administration
$ 51,596.09
$ 51,596.00
$ 50,120.89
HOME Total:
$ 457,376.54
$ 515,960.91
$ 585,661.88
Page 1 of 1
Attachment No. 2
City of National City
March 16, 2021
Staff Report Explanation
Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD)
2021-2022 Annual Action Plan and the allocation of 2021-2022 HUD entitlement grant
funds, program income, and funds remaining from completed projects to Community
Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program
activities proposed for 2021-2022 Annual Action Plan.
OVERVIEW: The U.S. Department of Housing and Urban Development (HUD) provides annual
grants on a formula basis to entitlement cities and counties, including the City of National City for
its Community Planning and Development Programs (CPD). The City of National City (City)
receives Community Development Block Grant (CDBG) and HOME Investment Partnerships
(HOME) Program funds on an annual basis. The statutory primary objectives of the CDBG
Program are to develop viable urban communities by providing decent housing, a suitable living
environment, and by expanding economic opportunities, principally for low and moderate -income
persons. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, and
affordable housing.
The 2020-2024 Consolidated Plan is the framework for the HUD CDBG and HOME entitlement
programs. The Consolidated Plan outlines the City's housing and non -housing community
development needs and priorities over five years. An overview of the Consolidated Plan's goals
and priorities is attached to this staff report (Attachment No. 3). The entire Consolidated Plan, as
well as additional program information, can be found at www.nationalcityca.gov/cdbq-home.
PUBLIC NOTICING: Public participation is an essential part of the development of the Annual
Action Plan. All noticing for this process which sets forth the City's policies and procedures for
citizen participation is described in the Citizen and Community Participation Plan per City Council
Resolution 2020-84 and can be found at www.nationalcityca.gov/cdq-home.
FUNDING AVAILABILITY: Each year the City anticipates receiving approximately $775,000 to
790,000 in CDBG entitlement funds. Of that amount, a maximum of 15% of the total allocation
may be made available for public services programs and projects. Another 20% of the CDBG
allocation is reserved for administration and mandatory fair housing requirements, and the
remainder (after reduction for required Section 108 debt service payments), will be available for
non-public service programs such public facilities and infrastructure projects. Each year the
Section 108 loan payment increases which means fewer dollars can be allocated to public
services, facilities, and infrastructure projects. For this reason applications are only opened to City
Departments. The Section 108 loan final loan payment will be paid made in fiscal year 2023-2024.
HOME entitlement funds range from $323,000 to $357,000 each year. Of that amount, a
maximum of 15% is set aside for Community Housing Development Organizations (CHDO).
Another 20% of the HOME allocation is reserved for administration. The remaining amount is
typically allocated to tenant -based rental assistance and homeownership assistance programs.
In addition to the entitlement funds discussed above, funds remaining from previously completed
programs and program income will be reallocated each program year to CDBG and HOME
activities.
Attachment No. 2
City of National City
March 16, 2021
Staff Report Explanation
ELIGIBLE APPLICANTS: In consideration of funding availability described above and stated in
CDBG Program Guidelines posted online at www.nationalcityca.qov/cdg-home, City Departments
can sponsor non-profit agencies to carry out a CDBG public service or HOME activity by inviting
qualified agencies to apply for funding to address the City and Consolidated Plan priorities.
Agencies considered for funding should already provide a similar service, and appear to be
capable of deploying the service following the City's program guidelines, and HUD rules and
regulations found at 24 CFR Part 570 and 24 CFR Part 92.
NOTICE OF FUNDING: The City Council was notified of the 2021-2022 Action Plan development
during the November 17, 2020 meeting. Applications were made available for eligible City
programs and projects that could meet CDBG and HOME program objectives. On November 24,
2020, a Notice of Funding Availability (NOFA) was sent to City departments. The process would
allow City departments to "sponsor" a non-profit organization. These organizations would work
directly with City departments to meet the Consolidated Plan goals and priorities.
APPLICATION REVIEW PROCESS: Submitted applications are first determined to be eligible
under CDBG and HOME rules and regulations, Consolidated Plan goals and priorities, and were
further evaluated based on the following criteria:
•
•
Demonstrated organizational or community need
Experience with administering CDBG/HOME or federal grant funds
Organization's capacity, experience with projects of similar type
Budget and value of proposed work and deliverables for dollars invested
Quality of the approach, clarity, rationale, and feasibility
FUNDING RECOMMENDATIONS/ANNUAL ACTION PLAN APPROVAL: Project and Program
funding recommendations for the CDBG and HOME entitlement grant funds, program income,
and funds from previously completed projects will be presented at the first public hearing held on
March 16, 2021. A second Public Hearing will be conducted on May 4, 2021, to review public
comments received during a 30-day public review period (March 19 through April 18, 2021) of the
draft 2021-2022 Annual Action Plan; and to provide interested persons and community groups
with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME
Program activities being proposed. After all public comments have been considered at the Public
Hearing on May 4, 2021, the City Council will adopt the 2021-2022 Action Plan and proposed
CDBG and HOME Program funding recommendations.
HUD REVIEW: Upon receipt of the 2021-2022 Action Plan, HUD has 45 days to review and accept
the Plan, specifically details the City's utilization of its CDBG and HOME program funds. HUD
acceptance notices will be received in mid to late July.
Attachment No. 2
City of National City
March 16, 2021
Staff Report Explanation
ANNUAL ACTION PLAN TIMELINE I CDBG & HOME PROGRAMS
Date
Action
November 24
CDBG/HOME Notice of funding availability to City departments and
grant funding applications available for distribution
December 1
Virtual Application Workshop
January - April
Drafting of the 2021-2022 Action Plan
January 21
Application submission deadline for CDBG and HOME FY 2022 funding
6 p.m.
February
Application Review Period
March 5 to March
15
10-day Notice of Public Review Period and Notice of Public Hearing for
the Draft 2021-2022 Action Plan
March 16
Public Hearing No. 1 on the 2021-2022 Action Plan and applicant
funding recommendations to the City Council
March 19 to April
18
30-day Notice of Public Review Period and Notice of Public Hearing for
the Draft 2021-2022 Action Plan
May 4
Virtual Public Hearing No. 2 (Final) to Approve the Draft 2021-2022
Action Plan
May 18
Submission of the 2021-2022 Action Plan to HUD
May
Applicant Award Notification
June July
Begin contract negotiations with selected CDBG and HOME
subrecipients and initiate environmental reviews.
July 1
Begin Program Year
All dates listed herein are tentative and are subject to change. Persons relying on this
Schedule must contact the CDBG and HOME Program Administer at 619-336-4219 to
confirm the actual date of each event listed above as the timeframe nears.
Attachment No. 3
Consolidated Plan Goals 2020-2024
The 2020-2024 Consolidated Plan is the framework for the U.S. Department of Housing and Urban Development's
(HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program
entitlement programs. The Plan outlines the City's housing and non -housing community development needs and
priorities over five years.
1. Goal: Provide Decent and Affordable Housing
• Priority: Conserve and Improve Existing Affordable Housing
o Assistance to aid in the rehabilitation of single-family and multi -family housing units.
o Acquisition, with or without rehabilitation, of multi -family projects.
o Conservation of affordable housing at risk of converting to market -rate housing.
• Priority: Provide Homeownership Assistance
o Assistance to low -moderate income households to achieve homeownership
o Assistance to developers for the acquisition and re -sale of housing units to low -moderate
income homebuyers.
• Priority: Assist in the Development of Affordable Housing
o Assistance to developers in the development of affordable housing, including acquisition, land
assemblage, construction, conversion, purchase of affordability covenants, or other
mechanisms.
2. Goal: Provide Community Facilities and Infrastructure
• Priority: Provide for Community Facilities and Infrastructure
o Provide for new and improve existing community facilities and infrastructure. These may
include, but are not limited to: parks and recreation facilities; fire equipment; facilities
prioritized on the City's ADA Transition Plan; community facilities; and public streets, sidewalks,
curbs, and rights -of -way.
o Repayment of Fire Station 34 Section 108 loan. Assess the need for and (when determined to be
warranted) pursue section 108 loans for large-scale public improvement and revitalization
projects.
3. Goal: Provide Community and Supportive Services
• Priority: Provide Community and Supportive Services
o Provide for a variety of community and supportive services, with special emphasis on crime
awareness and prevention programs such as code enforcement, services for the homeless,
seniors, at -risk youth, the disabled, and other persons with special needs.
4. Goal: Support Initiatives that Reduce Homelessness
• Priority: Support Initiatives that Reduce Homelessness
o Tenant -based rental assistance that targets families that are homeless or housing insecure, and
families experiencing domestic violence.
Page 1 of 2
Attachment No. 3
o Participate in the San Diego County Regional Task Force on the Homeless (RTFH) and South Bay
Homeless Alliance to assess needs and coordinate efforts to address needs.
5. Goal: Promote Equal Housing Opportunity
• Priority: Promote Equal Housing Opportunity
o Promote fair housing services provided by the City's fair housing services provider.
o Comply with fair housing planning requirements (as identified in the Analysis of Impediments to
Fair Housing Choice).
6. Goal: Planning and Administration
• Priority: Planning and Administration
o Invest in the planning and administration of the CDBG and HOME programs.
Page 2 of 2
Attachment No. 4
CA IFR
NAT I ON. try'
Mncorro►t
Eo
PUBLIC NOTICE
CITY OF NATIONAL CITY
FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2021-2022
ANNUAL ACTION PLAN
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to
prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs
funded by the U.S. Department of Housing and Urban Development (HUD). The 2020-2024 Consolidated Plan
outlines the City's housing and non -housing community development needs and priorities over five years. The
Action Plan 2021-2022 outlines how the City intends to spend $733,391 in federal Community Development
Block Grant (CDBG) and approximately $328,323 in federal HOME Investment Partnerships (HOME) Program
entitlement funds. In addition to the funding sources noted above, the City anticipates reprogramming $52,270.65
from CDBG activities and allocating $187,637.91 in program income earned from previous years HOME
activities to fund activities listed under the proposed Action Plan.
Notice is hereby given that the City Council of the City of National City will hold the first of two Public Hearings
on Tuesday, March 16, 2021, at 6:00 p.m. The purpose of the Public Hearing is to provide an opportunity for
public comment on the recommendations made to the City Council for funding of the CDBG and HOME Program
activities listed under the 2021-2022 Action Plan. The Consolidated Plan is available for review on the City's
website www.nationalcityca.gov/cdbg-home. Hardcopies are available at the office of the City Clerk (1243
National City Boulevard, National City, CA 91950)
A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 4, 2021, to
review public comments received during a 30-day public review period (March 19 through April 18, 2021) of the
draft 2021-2022 Annual Action Plan; and to provide interested persons and community groups with one last
opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being
proposed. After all public comments have been considered at the Public Hearing on May 4, 2021, the City Council
will adopt the 2021-2022 Action Plan and proposed CDBG and HOME Program funding recommendations.
Public participation is an essential part of the development of the Annual Action Plan. Interested persons and
community groups are invited to watch and participate in these hearings. Both Public Hearings will be held online
at www.nationalcityca.gov/webcast.
Public comment may be submitted prior to the meeting in writing by email
at PublicComment@nationalcityca.gov; yca.gov; please provide the agenda item number and title of the item in the subject
line of the email. Public comments or testimony is limited to up to three (3) minutes. All email comments received
by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official
record. To provide live public comment during the meeting, you must pre -register on the City's website
at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City
Council Meeting. For more information regarding this process, please contact the City Clerk's Office at (619)
336-4228 or by email at Clerk@nationalcityca.gov. Hearing -impaired persons, please use the CAL Relay Service
Number 711. Asistencia en Espanol: Para que le interpreten la informacion en espanol, llame al (619) 336-4391.
Brad Raulston, City Manager
City of National City
March 5, 2021
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City authorizing various Flscal Year 2021 mid -year budget
adjustments. (Finance)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing various fiscal year 2021 mid -year
budget adjustments.
Phil Davis, Director of Finance
PREPARED BY: Paul Valadez,Budget Manager
PHONE: 619-336-4332
EXPLANATION:
See attached staff report.
DEPARTMENT: Finance
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT NO. APPROVED: MIS
See attached staff report.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Accept the staff report and adopt the resolution authorizing fiscal year 2021 mid -year budget
adjustments.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Staff report
2. Resolution
3. Exhibit "A" — Recommended Mid -Year Budget Adjustments, Fiscal Year 2021
RESOLUTION NO. 2021 —
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
AUTHORIZING VARIOUS FISCAL YEAR 2021
MID -YEAR BUDGET ADJUSTMENTS
WHEREAS, on June 16, 2020, the City Council of the City of National City
adopted Resolution No. 2020-121, adopting the budget for fiscal year 2021; and
WHEREAS, as part of the mid -year review process, the Finance Department
reviewed the first six months for actual revenues and expenditures, and projected the last six
months of the fiscal year; and
WHEREAS, the mid -year budget review was presented to the City Council and
members of the public on March 16, 2021; and
WHEREAS, the City Manager has requested approval of the Recommended
Mid -Year Budget Adjustments ("Exhibit 'A"); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves the fiscal year 2021 Recommended Mid -Year Budget
Adjustments ("Exhibit `A"') and authorizes the City Manager to make the associated adjustments
to the Fiscal Year 2021 Budget.
PASSED and ADOPTED this 16th day of March, 2021.
Alejandro Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM
Charles E. Bell Jr., City Attorney
CALIFORNIA
NATIONAL CM
aml
INCORPORATED
City Council Staff Report
March 16, 2021
ITEM
Staff Report: Fiscal Year 2021 Mid -Year Budget Review
BACKGROUND
This report provides a mid -year look at the status of the City's General Fund Budget. A first
quarter status report was provided on October 20, 2020. In addition, the report recommends
various budget adjustments.
DISCUSSION
Summary
The adopted fiscal year 2021 General Fund budget authorized a use of $6.7 million of
unassigned fund balance in order to continue to provide necessary services to the residents of the
City of National City. Based on an analysis of year-to-date actual revenues and expenditures and
projected financial activity through year-end, the anticipated use of unassigned fund balance is
projected to be $1.65 million, which is $5.07 million less than authorized. The following
sections of this report will discuss the significant factors leading to the variance.
Revenues
For fiscal year 2021, General Fund revenues are expected to be greater overall than amounts
budgeted by $4.5 million. The projected variances by revenue category are shown in Table A
below.
Page 2
Staff Report — Fiscal Year 2021 Mid -Year Budget Review
March 16, 2021
Table A
General Fund Revenues Fiscal Year 2021
Adopted Adjusted Projected
Revenue Category Budget Budget Actuals Variance
Sales & Use Tax $17,281,000 $17,281,000 $19,572,000 $2,291,000
District Transactions & Use Tax 11,293,000 11,293,000 11,916,000 623,000
Property Tax 2,436,700 2,436,700 2,376,800 (59,900)
Property Tax in Lieu of VLF 7,400,000 7,400,000 7,589,222 189,222
Other Revenues 13,662,228 17,103,981 18,535,981 1,432,000
Transfers In 5,500 5,500 5,500
Total $52,078,428 $55,520,181 59,995,503 4,475,322
Note: The Adjusted Budget equals the Adopted Budget plus any year to date amendments to the budget, as well as
adjustments to match appropriations carried over for revenue offset capital projects.
The General Fund's primary sources of revenue are the sales & use tax, the district transactions
& use tax, property tax in lieu of vehicle license fees, and property taxes. Projections are based
on a combination of year-to-date and historical data, input from the City's sales tax consultant,
and information obtained from the State of California and County of San Diego:
■ Sales & Use Tax and District Transactions & Use Tax: The adopted budget for these two
major funding sources anticipated a continuing negative impact from the COVID-19
pandemic. Retail sales have turned out to be stronger than anticipated, however,
resulting in Sales & Use Tax revenues trending above actual amounts for the same period
as last fiscal year. Based on projections provided in January by the City's sales tax
consultant, these revenues are expected to exceed the Fiscal Year 2020-21 budget by
about $2.3 million. The District Transactions & Use Tax is currently expected to finish
the year at $0.6 million above the budgeted level. Staff is working on a continuing basis
with the City's sales tax consultant to ensure that we are working with the latest
information for each of these funding sources as we continue to operate within the
uncertainties created by the pandemic.
• Property Tax revenue is expected to be below budget by approximately $60,000.
Assessed values that apply to the General Fund did not increase as much as was assumed
in the adopted budget.
• Property Tax in Lieu of Vehicle License Fees (VLF) is based on a formula that applies
the City-wide increase in assessed property values to the prior year's allocation. The
increase in assessed values was not known at the time the budget was prepared, but the
actual amount will be $189,000 greater than budgeted.
Revenues in the "Other Revenues" category are expected to end the year above budget by $1.4
million, which is attributable to a combination of projected positive and negative variances in the
various individual accounts. Contributing significantly to the positive variance are the
Page 3
Staff Report — Fiscal Year 2021 Mid -Year Budget Review
March 16, 2021
unbudgeted CARES Act funds of $767,000 received from the State and an anticipated
reimbursement of $0.9 million for overtime related to the deployment of the Fire Department's
Strike Teams earlier this year.
Expenditures
Expenditure totals at year-end are currently projected to be below budget by $0.6 million. The
variances by expenditure category are shown in Table B below.
Table B
General Fund Expenditures Fiscal Year 2021
Adopted Adjusted Projected
Revenue Category Budget Budget Actuals Variance
Personnel $41,057,517 $40,990,307 $40,780,783 $209,524
Maintenance & Operations 6,837,486 7,750,684 7,363,150 387,534
Capital Outlay 175,430 175,430 175,430
Capital Improvement Program 800,000 6,516,444 6,516,444
Internal Service Charges and Reserves 7,824,869 7,824,869 7,824,869
Transfers Out 2,100,617 2,360,369 2,360,369
Total $58,795,919 $65,618,103 $65,021,045 $597,058
Note: The Adjusted Budget equals the Adopted Budget plus any year to date amendments to the budget, as well as
appropriations carried over from the prior year for contracts and capital projects.
Personnel costs make up about 70% of the General Fund's adopted budget. At fiscal -year-end
they are projected to be less than budgeted by an overall $0.2 million. While vacant authorized
positions are contributing to anticipated savings of $3.1 million in a combination of full-time
salaries, retirement plan charges, and health insurance premiums, costs for overtime
requirements, primarily in the Police and Fire departments, are expected to exceed budgeted
amounts by $2.5 million. As noted in the discussion of "Other Revenues" above, the anticipated
reimbursement for Strike Team deployment will offset approximately $0.9 million of these
overtime costs.
Maintenance & Operations expenditures are projected to be 5% below budget for a savings of
$0.4 million, due to a combination of anticipated savings in various accounts partially offset by
unanticipated expenses in others.
All appropriations for Capital Outlay and Capital Improvements are being projected as being
entirely spent, because none of the current projects are expected to yield any savings from the
amounts budgeted. It is likely, however, that some portion of the current year's appropriations
will be unspent at year-end and will be carried over to next fiscal year. For Internal Service
Charges and Transfers Out, all amounts budgeted are projected to be spent, although at year-end
Page 4
Staff Report — Fiscal Year 2021 Mid -Year Budget Review
March 16, 2021
actual expenditures of the service provider funds will be reviewed for savings and charges will
be adjusted accordingly. Similarly, the Parks Maintenance and Library funds, the primary
recipients of Transfers Out from the General Fund, will be reviewed at year-end to determine
whether a portion of the transfer amounts can be reduced.
Staff will continue to monitor all revenues and expenditures, particularly with respect to the
continued economic and fiscal impacts of COVID-19, and will provide updates in the third
quarter budget status report and in conjunction with the Fiscal Year 2021-22 budget development
process.
Net Impact on Unassigned Fund Balance
Table C below combines the revenue and expenditure projections discussed above. As noted in
the summary at the beginning of this report, the adopted budget anticipated the use of $6.7
million of unassigned fund balance. The positive revenue variance of $4.5 million together with
the projected expenditure savings of $0.6 million results in a $5.1 million reduction from the
budgeted use of unassigned fund balance. As shown in the "Projected Actual" column, the
anticipated use of unassigned fund balance is now $2.8 million.
Table C
General Fund Impact on Fund Balance Fiscal Year 2021
Total Revenues
Total Expenditures
Use of Fund Balance
Components of Use of Fund Balance
Assigned
Unassigned
Total
FY 20-21
Adopted
$52,078,428
$58,795,919
($ 6,717,491)
$6,717,491
$ 6,717,491
FY 20-21 FY20-21
Adjusted Projected Variance
$55,520,181 $59,995,003 $4,475,322
$65,618,103 $65,021,045 $597,058
($ 10,097,922) ($5,025,542) $5,072,380
$3,374,006 $3,374,006
$6,723,916 $2,846,536 ($5,072,380)
$ 10,097,922 $ 6,220,542 ($5,072,380)
Note: The use of Assigned Fund Balance is the sum of non -revenue offset appropriations that were carried over
from unspent amounts from the prior fiscal year. Appropriations are carried over for contracts for work that was in
progress in the prior year as well as for unspent appropriations for capital projects. The use of Unassigned Fund
Balance is the focus of this report.
Page 5
Staff Report — Fiscal Year 2021 Mid -Year Budget Review
March 16, 2021
BUDGET ADJUSTMENTS
During the mid -year budget review process, the Finance Department, in conjunction with City
department staff, identified budget adjustments necessary due to expenses unanticipated during
the annual budgeting process. The attached schedule ("Exhibit `A') details the recommended
adjustments. The recommendation section below provides a summary of those adjustments by
account group and fund.
RECOMMENDATIONS
1. Authorize the City Manager to approve budget adjustments up to the following amounts:
• General Fund
Expenditures
❑ $111,841
Revenues
❑ $111,841
Maintenance & Operations
Other Revenues
• Facilities Maintenance Fund
Expenditures
❑ $220,000 Maintenance & Operations
• Motor Vehicle Services Fund
Expenditures
❑ $ 15,000 Maintenance & Operations
• Nutrition Center
Expenditures
❑ $32,101
• Sewer Service Fund
Expenditures
❑ $200,000
FISCAL IMPACT
Personnel Services
Maintenance & Operations
The recommended General Fund budget adjustments have been reflected in the projections of
total revenues and expenditures to fiscal year end. If approved, they will result in additional
General Fund appropriations of $111,841 with offsetting revenue. The adjustments for the four
other funds combined total $467,101 funded by the available fund balance in the respective
funds.
Page 6
Staff Report — Fiscal Year 2021 Mid -Year Budget Review
March 16, 2021
ATTACHMENTS
Resolution
Exhibit "A" — Recommended Mid -Year Budget Adjustments, Fiscal Year 2021
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City authorizing, 1) the City (Buyer) to utilize cooperative
purchasing established through Sourcewell previously known as National Joint Powers
Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative
purchasing, to purchase Tyler Technologies New World Computer Aided Dispatch (CAD)
based on their member number 17730; and 2) finance through Capital Innovations for a
seven (7) year lease purchase agreement; and 3) the Mayor to execute the Agreement with
Tyler Technologies and Capital Innovations to replace outdated current police department
CAD for a lease purchase agreement in the amount of $1,060,000. (Police)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
March 16, 2021
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing, 1) the City (Buyer) to utilize cooperative
purchasing established through Sourcewell previously known as National Joint Powers Alliance (NJPA),
consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase Tyler Technologies New
World Computer Aided Dispatch (CAD) based on their member number 17730; and 2) finance through Capital
Innovations for a seven (7) year lease purchase agreement; and 3) the Mayor to execute the Agreement with
Tyler Technologies and Capital Innovations to replace outdated current police department CAD for a lease
purchase aareement in the amount pf $1.060,000.
PREPARED BY: Jose Tellez, Chief of Police DEPARTMENT: Police
PHONE: (619) 336-4511 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT: APPROVED: '�" FINANCE
ACCOUNT NO. 629-403-082-281-0000 APPROVED: MIS
As part of our existing agreement with TriTech/Central Square will receive $97,000 in 1-Y21, with an average increase of an
additional $5,000 per year based on the recent annual increases that have occurred. A seven year estimate cost of the currenl
CAD for 2021 — 2027 is $784,000, or an average annual cost of $112,000. In comparison, the seven year lease purchase
agreement with Tyler/Capital Innovations for 2021 — 2027 will average $151,400 annually (in arrears), a total of $1,060,002.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION
FINAL ADOPTION
STAFF RECOMMENDATION:
Approve Resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation / Staff Report (Attachment "A")
2. PowerPoint Presentation — NCPD CAD (Attachment "B")
3. TheCapital Innovations Sample Credit Application (Attachment "C")
4. Capital Innovations Purchase Quote (Attachment "D")
5. Tyler Technologies LSA Agreement (Attachment "E")
6. Sample Master Lease Purchase Agreement (Attachment "F")
CALIFORNIA =-+
NATIONAL CITY
e:31
��._. INCORPORATED -_
DATE: February 16, 2021
TO: Brad Raulston, City Manager
FROM: Jose Tellez, Chief of Police
SUBJECT: Resolution of the City Council of the City of National City to authorize the
waiver of the bid process to purchase a Computer Aided Dispatch (CAD)
product from Tyler Technologies
SUMMARY:
It is recommended the City Council approve the Resolution of the City Council of the
City of National City to waive the bid process to purchase a Computer Aided Dispatch
(CAD) system from Tyler Technologies as part of a needed technology upgrade to the
Police Department's Communications Center.
BACKGROUND:
A Computer Aided Dispatch (CAD) system is the foundation and brains of a police
department communications center. CAD is the primary system used by dispatchers to
receive, document, and dispatch police officers to service calls. CAD also archives all
aspects of service calls to include location, disposition, the names and Ds of officers,
and those residents contacted by officers during the call. As technology advances, it is
essential that police communications systems maintain pace. In recent years, the
National City Police Department has experienced challenges as demands on systems
connectivity and threats of ransomware cyber-attacks have increased.
The CAD system in the Communications Center is over twenty years old. The system
is TriTech, owned by Central Square, and was designed to be used primarily by Fire
departments and Paramedics. Throughout the time TriTech has been used by the
Police Department, police dispatchers have found it to be inefficient, difficult to navigate,
and lacks the connectivity between other essential law enforcement data systems. As
such, dispatchers need to run multiple systems independently and simultaneously from
each other to accomplish the same task capable by modern police CAD systems. While
other police departments in the county have modernized their communications systems,
the National City Police Department continues to work at a disadvantage given all the
features now available in new CAD systems.
The current system, TriTech, was designed for fire and paramedic applications. Over
the years, maintenance and version upgrades have taken place, however, the system
1
has not been able to keep up with modern CAD systems currently employed by other
police departments. Police Dispatchers often have to create workarounds to enter or
attach essential information to calls or search for archived information. TriTech lacks the
configurability needed by dispatchers to reduce the time required to run multiple
screens and programs simultaneously. Some of TriTech's fire / medic CAD features,
which are not related to or needed for police use, cannot be disabled or removed. In
short the Police Department's CAD system is antiquated, not designed for police use, is
cumbersome to operate and negatively affects dispatch efficiency while handling critical
calls when time or information sharing is of the essence.
From the fall of 2019 through September 2020, the Police Department conducted
extensive research regarding CAD manufacturers. Police personnel met with vendors,
visited allied police communication centers and met with team members (dispatchers,
police officers, administrative and IT support staff) to collect information regarding the
various CAD systems in use by other agencies. As a result of this effort, the Tyler
Technologies New World CAD stood out as the best system suited for the National City
Police Department. Tyler Technologies is a mainstay, locally and nationally, in the CAD
industry and in use by departments our size, specifically the El Cajon and La Mesa
Police Departments. From the information gleaned from El Cajon and La Mesa, the
Tyler Technologies New World CAD system is robust while remaining nimble to allow
for customization to each agency's specific needs and preferences. The ability to
interface with other products and the connectivity with established law enforcement data
systems, provide technology currently not in place at the National City Police
Department.
The Tyler Technologies CAD provides the following:
• Fully customizable features to improve dispatch work flow
• Law Enforcement query data, on persons and property through various systems,
is added to calls for service without additional steps by dispatchers
• Call for Service entry screen is designed to agency preference, prioritizing
information improving efficiency
• Detailed map layers with Pictometry (aerial image process showing the fronts /
sides of building and locations on the ground)
• Officer and Vehicle GPS Tracking system
• Enhanced capabilities:
o Geo-fencing — useful during reverse 911, Problem Oriented Policing
(POP), tracking patrol data for high crime areas that may not generate
specific calls for service.
o Live vehicle / officer tracking — useful during vehicle / pedestrian pursuits
to enhance officer safety and to provide immediate assistance to
emergency situations where communications may not be possible.
• Connectivity of map and navigation features to call screens, eliminating the need
to access internet map programs
7
• Proximity Dispatching capabilities to send the closest unit to an emergency call
based on GPS
• Ability to research, redact, and produce call information for various needs like
Public Records Requests (PRA), crime statistics, or city reports
• Interface with SPIDRTech Software allows dispatch to send information and
updates to citizens who have contacted the police department for assistance.
• Ability to attach metadata information through an interface feature with Taser
International Inc. body worn cameras (BWC) of service call types, location, times,
and case or incident numbers
As mentioned, Tyler Technologies New World CAD systems are in use by other
agencies in the county with additional departments considering the product. While the
standardization of police CAD systems currently does not exist in San Diego County, we
do have the ability to learn from each agencies' experiences with various systems and
vendor customer service. The Tyler Technologies New World CAD product has
received excellent reviews by the agencies that use it and was preferred by members of
our police department during an interactive product demonstration, prior to the
pandemic.
If the contract is approved by the City Council, Tyler Technologies will develop / build
the CAD software starting immediately. The anticipated go -live date for the CAD system
is approximately one-year.
FISCAL IMPACT:
The contract with Tyler Technologies for full implementation is attached (Attachment A).
Currently, the city's financial obligation for TriTech involves a recurring annual
maintenance agreement. The below graph illustrates expenditures from 2017 — 2020:
100,000.00
90,000.00
80,000.00
70,000.00
60,000.00
Central Square f TriTech Annual
Maintenance
77,303.95
82,148.63
87,574.31
92,432.70
2017
2018
2019 2020
❑TriTech Annual Maintenance
3
The following graph illustrates the comparison projected Annual Maintenance
expenditures between Central Square and Tyler Technologies.
160,000
140,000
120,000
100,000
80,000
60,000
40,000
20,000
0
2021
2022
2023
2021 2022
2023
2024
2024
❑ TriTech 97,000 I 102,000
❑ Tyler New World 147,798 148,969
107,000
112,000
117,000
122,000
150,163
151,380
152,622
153,889
127,000
155,181
Note: TriTech maintenance costs are projected based on the average of annual increases of approximately $5,000
per year.
The police department is requesting to waive the competitive formal bid requirement
and requests authorization to enter into a seven (7) year contract / financing option with
Tyler Technologies.
The below graphic illustrates the CAD purchase and maintenance fees. The
maintenance fees are recurring after conclusion of the 7 year contract / financing option.
Projected Tyler New World Costs
I �1
160,000.00
140,000.00
120,000.00
100,000.00
80,000.00
60,000.00
40,000.00
20,000.00
0.00
❑ Financed
❑ Annual M
■ Total Cos'
i r�
1
1
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
YEAR 6
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Purchase
89,279.86
89,279.86
89,279.86
89,279.86
89,279.86
B9,279.86
aintenance
58,519
59,689.38
60,859.76
62,030.14
63,200.52
64,370.90
t
147,798.86
148,969.24
150,139.62
151,310.00
152,480.38
153,650.76
4
YEAR 7
Year 7
89,279.86
65,541.28
154,821.14
FUNDING:
In 2020, the city paid Central Square $97,000 as the annual maintenance fee. The city
will continue to pay an additional $5,000 (average) per year, based on past increases.
In 2026, the projected annual maintenance cost is approximately $122,000.
The projected cost difference between the annual maintenance of TriTech and the
actual purchase of a new CAD system plus annual maintenance with Tyler
Technologies, is approximately $50,000 in Year One and approximately $30,000 in
Year Seven.
The project may be funded by using General Funds in combination with revenue
generated by the False Alarm Program permits and false alarm fines.
ADDITIONAL INFORMATION:
• Over the course of the last two years, the police department has taken steps to
enhance technology, modernize existing equipment, and upgrade the work
environment necessary for the dispatchers to effectively and efficiently perform
the required duties of their job.
The following is a list of improvements that have been completed in the
Communications Center:
• January 2020 — 911 Phone System Upgraded
o The VESTA telephone system was upgraded to accept Text to 911 calls
for service - Next Generation (NG911) 911 compliant.
o January 5, 2021, all San Diego County police communications center went
live and began officially accepting Text to 911 calls for service.
• July 2020 — Communications Center Remodel and Upgrade
o For three weeks the dispatchers worked in temporary workplaces while
the Communications Center was completely gutted and remodeled.
During the remodel, the following improvements were completed:
■ Flooring replaced, removing all of the original carpeting from the
center. Long lasting, static preventing carpet was installed.
■ Fully Ergonomic Workstations were installed. The new workstations
allow the dispatcher the flexibility to sit or stand during their 12 hour
shifts.
• Ongoing — P25 Radio Upgrade
o The County Radio System is mid -way through an upgrade to be P25
compliant. The interoperability of our radio system has drastically improved
over the years and this new phase, when completed, will improve
communications by transitioning law enforcement radios from analog to
digital.
5
ENVIRONMENTAL IMPACT:
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) found under the California Code of Regulations,
Title 14, Division 6, Chapter 3, Article 20, Section 15378 and is has been determined
that the activity is not a "Project" as defined under the Code because it will not result in
a physical change in the environment. In addition, the activity does not constitute a
"Project" within the meaning of the California Public Resources Code Section 21065 in
that it has no potential cause to either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment. Therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activing is not
subject to CEQA. Thus, no environmental review is necessary.
ATTACHMENTS:
1. PowerPoint Presentation — NCPD CAD (Attachment "B")
2. Capital Innovations Sample Credit Application (Attachment "C")
3. Capital Innovations Purchase Quote (Attachment "D")
4. Tyler Technologies LSA Agreement (Attachment "E")
5. Sample Master Lease Purchase Agreement (Attachment "F")
National City Police Department
1200 National City Boulevard, National City, CA 91950
619/ 336-4400/Fax 619/ 336-4525 www.nationalcitypd.org
CALIFORNIA-.-Er
NATIONAL CITy
�- �NCORPORAT
Computer Aided Dispatch
(CAD) Project
March 16, 2021
Jose Tellez,
Chief of Police
Amber Lashbrook,
Support Services Manager
1
C,SLIFDRNIA
NATIONAL On
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Background
❖ National City Police Communications Center has a CAD system
that is over 20 years old.
❖ Central Square, formerly Tri-Tech, was designed for Fire
Department and Medical / Paramedic use.
❖ Over time, Dispatchers, Records personnel, and our Crime
Analyst have found workarounds and have adapted to the
system not originally designed for Police use.
❖ The Communications Center is falling further behind compared
to other agencies in the County as technology continues to
advance.
❖ The addition of new software / systems are creating efficiency
challenges and placing Dispatchers at a disadvantage.
2
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21st Century Dispatching
Prior to 2019, National City Police Department had not made significant
technological advances to upgrade the Communications Center.
Recent upgrades include:
❖ January 2020 — Vesta 911 Phone Upgrade. Text to 911 and NG911
compliant (State funded).
❖ July 2020 — Dispatch Remodel. Ergonomic workstations and chairs,
modernized appearance (primarily funded by State and asset
forfeiture).
❖ September 2020 — MDC upgrade for Police vehicles (grant funded).
3
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No - General
No • General
4
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Tyler New World
Additional Features & Training
❖ On site training for the system builds and go -live for all modules.
❖ Tyler University — online training resource available 24/7.
❖ Annual training conference
❖ Annual statewide user training provided by those who use the
software.
❖ Event Ticker — Providing real time data on all incoming calls in one
location.
❖ One Stop Query Capabilities — All records checks required by the
Dispatchers can be performed with one command.
❖ Rapid SOS Integration with CAD Software
❖ Enhanced Search & Print Capabilities
❖ CAD to CAD Interoperability
❖ BOLO Capabilities with picture and video attachments
,5LIF0PNIR
NATIONALMr
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Tyler New World
What Else Do We Get?
In addition to CAD and Mobile, Tyler New World provides:
❖ Shieldforce — Mobile application for smart phones providing
call data to units in the field and real time GPS locations.
❖ Brazos — Citation, Field Interview and AB953 required forms in
one application on the officers smartphone stored in our
databases.
❖ CAD Web View — Real time status monitor for employees not
=Ow at a CAD or • '. - workst
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National City
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❖ Customer Service
responding to
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❖ Collaboration
information
and manage
events.
Improve efficiency in
calls for service.
Ability to locate and respond to
those needing help.
Responsive by providing call
and updates to callers.
Ability to share critical
with other agencies
critical
❖ Public Safety Improve operational readiness.
8
±)-- CALIFORNIA'
-
NATIONALCITV
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\--- iNconpoRATED
Questions
9
Application for Equipment Lease
Legal Name of Lessee (Applicant)
Tax ID#
Web address (if, applicable)
Address
City
State
Zip
Person(s) to Contact for Clarification Regarding Project
Name
Name
Email
Title
Title
Fax
Phone
Phone
Obligations f Economics
Bank Qualified a NQn-Barlk Qualified ❑
Are the Applicant's obligations bank qualified (i.e., expected to issue less than $10 Million in tax-exempt financing this calendar year)?
Moodv'B InveatQtti€1fViQe;___ Standard & Poor's: Fitch:
Please list the Applicanfa current underlying bond rating from the rating agencies listed above (if applicable)
Discuss the Applicant's economic trends (stable, positive, negative) and reasons for any variation
Yes in No f
Has the Applicant ever defaulted or non -appropriated on an obligation?
If Yes,
Please explain
Demographic Information
Please provide the following demographic information (please attach any applicable demographic statistics)
Approx square Mlle
Cities, Towns and Counties
Population Increasing or Decreasing Population?
If Decreginth____
Please explain
Educational Applicants Only
Enrollment Increasing or Decreasing Enrollment?
Please also answer the above question regarding the resident city
If Decreasing, _.. _ _
Please explain
Elementary: _. Middle: High School:
How many schools make up the district (please list the number and type of each school)?
Other:
THIS DOCUMENT IS NOT A COMMITMENT OR AN OFFER TO PROVIDE FINANCING
Essential Use Form
Purchase Description (pleats be specific and attach any applicable equipment lists or invoices available) Est. Equipment Delivery Date
Are any of the Lease Fr°deeds fOr reimbursement of prior purchases? If yes, has a Reimbursement Resolution been approved by the Governing Body?
Yes ❑ No 0
Is the Equipment replacing existing equipment?
If Yes
Please state how long you have currently used the Equipment and the reason you are replacing the Equipment
What will the Applicant do With the did equipment that is being replaced?
If No
Please state the reason additional equipment is needed
What will the Applicant de With the did equipment that is being replaced?
Please describe In detail the following (please be specific)
What wit the Equipment be used for?
Describe the essential nature of the equipment financed
List the specific department that Will be the primary user of the Equipment
Lease Payments
Yes [l NQ_0
Will the lease payments be made from Applicant's General Fund?
If No.
From which Special Fund Will the lease payments be made?
Yes fl Nan
Will any federal grant or loan mdrlies be used? If so, please describe
Yes f9 No n
Has the first payment been appropriated?
Terms and Conditions
Total Cost of Equipment
Term (in years)
Advance fl Arreies Q
Remittance (choose One);
Advance payment
Amount to Finance
Annual ❑ Semi -Annual ❑ Quarterly ❑ Monthly ❑
Frequency (choose one):
Equipment Delivery Date
Insurance Company Name or IndiMie 2elf Insured
Amount of Liability Insurance Amount of Property Damage Insurance
The undersigned hereby eertif ee that all the information in the above Application for Equipment Lease and Essential Use Form is true, complete and correct.
Applicable Signature
Title
Date
THIS DOCUMENT IS NOT A COMMITMENT OR AN OFFER TO PROVIDE FINANCING
0
innovations
capital
ccialpine.W litrcenr:t��k
300 Village Drive, Suite 303
King of Prussia, PA 19406
(800) 635-3273 Toll Free
(888) 810-4200 facsimile
October 29, 2020
Tax Exempt Lease Purchase Quotation prepared especially for:
National City (CA)
We appreciate the opportunity to provide you with a quote for Tax Exempt Municipal Financing in
conjunction with Tyler Technologies.
Protect Cost: $562,605.00
5 annual payments of $122,111.72 due in arrears (2.79%)
7 annual payments of $ 89,279.86 due in arrears (2.79%)
Document Fee: $495.00 Escrow Fee: $795.00
This Transaction must be designated as tax-exempt under section 103 of the Internal Revenue Cost of 1986
as emended. We can include documentation and escrow fee in financing or may be paid separately. Please
contact your representative for more infomaation. 10-year terms may not allow non -appropriation language.
Lossoo rota! amount of Tax -Exempt debt to be issued in this calendar year will not exceed the
$10,000,000limit. If that amount exceeds $10,000,000 please advise as that may impact pricing.
This Is a proposal only and is not a commitment to finance. This proposal is subject to review
and approval of execution of mutually acceptable documentation. The quotation includes a
placement fee, which may be capitalized into the project cost at the discretion of the investor.
Quotation based on Treasury Swaps as of October 14, 2020. Quote valid good through
11/13/2020
Please contact me at (877) 725-3100 with any questions or if you would like us to alter the
structure In einy way. We look forward to working with you.
Thank you,
Stuart G.3raww
Stuart G. Brown
President/CEO
877-725-3100/direct dial
cc:flle
•
••:•• tyler
• technologies
LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the
Investment Summary and Tyler desires to perform such actions under the terms of this Agreement;
WHEREAS, Client is a member of Sourcewell (formerly known as National Joint Powers Alliance) ("Sourcewell")
under member number 17730.
WHEREAS, Tyler participated in the competitive bid process in response to Sourcewell RFP #090320 by
submitting a proposal, on which Sourcewell awarded Tyler a Sourcewell contract, numbered 090320-TTI
(hereinafter, the "Sourcewell Contract");
WHEREAS, documentation of the Sourcewell competitive bid process, as well as Tyler's contract with and pricing
information for Sourcewell is available at https://sourcewell-mn.gov/cooperative-purchasing/; and
WHEREAS Client desires to purchase off the Sourcewell contract to procure public safety software functionality
from Tyler, which Tyler agrees to deliver pursuant to the Sourcewell Contract and under the terms and
conditions set forth below;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this
Agreement, Tyler and Client agree as follows:
SECTION A — DEFINITIONS
• "Agreement" means this License and Services Agreement.
• "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy
is attached as Schedule 1 to Exhibit B.
• "Client" means City of National City, CA.
• "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions
set forth in our written proposal to you, or their functional equivalent. Future functionality may be
updated, modified, or otherwise enhanced through our maintenance and support services, and the
governing functional descriptions for such future functionality will be set forth in our then -current
Documentation.
• "Developer" means a third party who owns the intellectual property rights to Third Party Software.
• "Documentation" means any online or written documentation related to the use or functionality of the
Tyler Software that we provide or otherwise make available to you, including instructions, user guides,
manuals and other training or self-help documentation.
• "Effective Date" means the date on which your authorized representative signs the Agreement.
• "Force Majeure" means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause
that could not with reasonable diligence be foreseen or prevented by you or us.
• "Investment Summary" means the agreed upon cost proposal for the software, products, and services
attached as Exhibit A.
National City, CA LSA Agreement 110620.docx
••:;:•. tyler
1
National City, CA LSA Agreement 110620.docx
• "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• "Maintenance and Support Agreement" means the terms and conditions governing the provision of
maintenance and support services to all of our customers. A copy of our current Maintenance and
Support Agreement is attached as Exhibit C.
• "Support Call Process" means the support call process applicable to all of our customers who have
licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to
Exhibit C.
• "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party
Software, as applicable and attached as Exhibit D.
• "Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary.
• "Third Party Products" means the Third Party Software and Third Party Hardware.
• "Third Party Software" means the third party software, if any, identified in the Investment Summary.
• "Third Party Services" means the third party services, if any, identified in the Investment Summary.
• "Tyler" means Tyler Technologies, Inc., a Delaware corporation, as successor -in -interest to New World
Systems.
• "Tyler Software" means our proprietary software, including any integrations, custom modifications,
and/or other related interfaces identified in the Investment Summary and licensed by us to you through
this Agreement.
• "we", "us", "our" and similar terms mean Tyler.
• "you" and similar terms mean Client.
SECTION B — SOFTWARE LICENSE
1. License Grant and Restrictions.
1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the
scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of
the Tyler Software for backup and testing purposes, so long as such copies are not used in production
and the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be
revoked if you do not comply with the terms of this Agreement.
1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-
commercial reference purposes only.
1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile,
or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the
Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third
parties.
1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or
make available to you through your Maintenance and Support Agreement.
1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license.
You will give us advance written notice of any such transfer and will pay us for any required or
requested technical assistance from us associated with such transfer.
1.6 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and
Documentation are protected by copyright and other intellectual property laws and treaties. We own
the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation.
••:;:•. tyler
2
The Tyler Software is licensed, not sold.
2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary.
Those amounts are payable in accordance with our Invoicing and Payment Policy.
3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for
each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by
completing a standard beneficiary enrollment form and paying the annual beneficiary fee set forth in the
Investment Summary. You will be responsible for maintaining your ongoing status as a beneficiary, including
payment of the then -current annual beneficiary fees. Release of source code for the Tyler Software is
strictly governed by the terms of the escrow agreement.
4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a
Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will
use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the
Maintenance and Support Agreement.
5. Affiliated Organizations for the Tyler Software.
5.1 Access by Affiliated Organizations. We will permit you to grant each Affiliated Organization access to the
Tyler Software hosted from your servers. You understand and agree that you are solely responsible for
making the Tyler Software available to any Affiliated Organizations, and that we do not warrant, and are
not responsible for, the performance of your servers or any Affiliated Organization's access thereto.
5.2 Application of this Agreement. Each Affiliated Organization must abide by the terms and conditions of
this Agreement, and you are responsible for any breach hereof by an Affiliated Organization accessing
the Tyler Software hosted from your servers.
5.3 Termination of Access of an Affiliated Organization. You agree to deny an Affiliated Organization's
access to the Tyler Software upon written notice from us that the applicable Affiliated Organization has
violated the terms of this Agreement.
SECTION C — PROFESSIONAL SERVICES
1. Services. We will provide you the various implementation -related services itemized in the Investment
Summary.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the
Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
You acknowledge that the fees stated in the Investment Summary are good -faith estimates of the amount of
time and materials required for your implementation. We will bill you the actual fees incurred based on the
in -scope services provided to you. Any discrepancies in the total values set forth in the Investment
Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of
services and related costs (including programming and/or interface estimates) required for the project
based on our understanding of the specifications you supplied. If additional work is required, or if you use
or request additional services, we will provide you with an addendum or change order, as applicable,
outlining the costs for the additional work. The price quotes in the addendum or change order will be valid
National City, CA LSA Agreement 110620.docx
••:;:•. tyler
3
for thirty (30) days from the date of the quote.
4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel
reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than
two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-
refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional
services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign
personnel in the event you cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with
industry standards. In the event we provide services that do not conform to this warranty, we will re -
perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your
personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation
services, subject to any reasonable security protocols or other written policies provided to us as of the
Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a
reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third
Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably
necessary items required for the installation and operation of the Tyler Software and any Third Party
Products.
7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process
requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate
with and assist us as may be reasonably required to meet the agreed upon project deadlines and other
milestones for implementation. This cooperation includes at least working with us to schedule the
implementation -related services outlined in this Agreement. We will not be liable for failure to meet any
deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to
provide such cooperation and assistance (either through action or omission).
SECTION D — MAINTENANCE AND SUPPORT
This Agreement includes the period of free maintenance and support services identified in the Invoicing and
Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make
timely payments for them according to our Invoicing and Payment Policy, we will provide you with
maintenance and support services for the Tyler Software under the terms of our standard Maintenance and
Support Agreement.
If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the
Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing
maintenance and support on the Tyler Software on a time and materials basis. In addition, you will:
(i) receive the lowest priority under our Support Call Process;
(ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and
patches;
(iii) be charged our then -current rates for support services, or such other rates that we may
consider necessary to account for your lack of ongoing training on the Tyler Software;
(iv) be charged for a minimum of two (2) hours of support services for every support call; and
(v) not be granted access to the support website for the Tyler Software or the Tyler Community
Forum.
National City, CA LSA Agreement 110620.docx
••:;:•. tyler
4
National City, CA LSA Agreement 110620.docx
SECTION E — THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and
conditions will apply:
1. Third Party Hardware. We will sell and deliver onsite the Third Party Hardware, if you have purchased any,
for the price set forth in the Investment Summary. Those amounts are payable in accordance with our
Invoicing and Payment Policy.
2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non-
transferable license to use the Third Party Software and related documentation for your internal business
purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms.
2.1 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party
Software, you will be required to pay such additional future fee.
2.2 The right to transfer the Third Party Software to a replacement hardware system is governed by the
Developer. You will give us advance written notice of any such transfer and will pay us for any required
or requested technical assistance from us associated with such transfer.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and
clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or
guarantee the performance of the Third Party Products. However, we grant and pass through to you
any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third -party at the rates set forth in the Investment Summary and in accordance
with our Invoicing and Payment Policy.
5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and
other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or
issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution
with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement
in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in
effect with us, you will be responsible for resolving defects and other issues related to the Third Party
Software directly with the Developer.
SECTION F— INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our
Invoicing and Payment Policy, subject to Section F(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this
Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable
••:;:•. tyler
5
invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that
we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment
to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may
be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve
any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and
only those amounts, until we complete the action items outlined in the plan. If we are unable to complete
the action items outlined in the action plan because of your failure to complete the items agreed to be done
by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all
services, including maintenance and support services, if you fail to pay an invoice not disputed as described
above within fifteen (15) days of notice of our intent to do so.
SECTION G — TERMINATION
1. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute
Resolution clause set forth in Section 1(3). You may terminate this Agreement for cause in the event we do
not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within
the thirty (30) day window set forth in Section 1(3). In the event of termination for cause, you will pay us for
all undisputed fees and expenses related to the software, products, and/or services you have received, or
we have incurred or delivered, prior to the effective date of termination.
2. Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase,
lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally
terminate this Agreement effective on the final day of the fiscal year through which you have funding. You
will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of
appropriations. In the event of termination due to a lack of appropriations, you will pay us for all
undisputed fees and expenses related to the software and/or services you have received, or we have
incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have
been submitted to the Invoice Dispute process set forth in Section F(2) at the time of termination in order to
be withheld at termination. You will not be entitled to a refund or offset of previously paid license and
other fees.
3. Force Majeure. Neither party will be liable, you or we may terminate this Agreement if a Force Majeure
event suspends performance of scheduled tasks for a period of forty-five (45) days or more. In the event of
termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the
software and/or services you have received, or we have incurred or delivered, prior to the effective date of
termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set
forth in Section F(2) at the time of termination in order to be withheld at termination. You will not be
entitled to a refund or offset of previously paid license and other fees.
SECTION H — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes
that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the
amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us
promptly in writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at our
expense.
National City, CA LSA Agreement 110620.docx
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1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment is
based on your: (a) use of a previous version of the Tyler Software and the claim would have been
avoided had you installed and used the current version of the Tyler Software, and we provided notice of
that requirement to you; (b) combining the Tyler Software with any product or device not provided,
contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any
modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler
Software in contradiction of this Agreement, including with non -licensed third parties; or (e) willful
infringement, including use of the Tyler Software after we notify you to discontinue use due to such a
claim.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler
Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right
to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent,
in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively,
we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler
Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is
enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or
settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use;
(b) modify it to make it non -infringing; (c) replace it with a functional equivalent; or (d) terminate your
license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-
line basis measured over seven (7) years from the Effective Date. We will pursue those options in the
order listed herein. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any
and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable
attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our
negligence or willful misconduct; or (b) our violation of a law applicable to our performance under this
Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense
or settlement. You agree to provide us with reasonable assistance, cooperation, and information in
defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents,
officials, and employees from and against any and all third -party claims, losses, liabilities, damages,
costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property
damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law
applicable to your performance under this Agreement. We will notify you promptly in writing of the
claim and will give you sole control over its defense or settlement. We agree to provide you with
reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
National City, CA LSA Agreement 110620.docx
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4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF
CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL
DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT,
THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY; OR (B) AFTER FORMAL
TRANSITION TO MAINTENANCE AND SUPPORT, THE THEN -CURRENT ANNUAL MAINTENANCE AND
SUPPORT FEE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS
AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT
ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY
REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION
OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H(1) AND H(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the
following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability
of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying
with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add
you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will
automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will
provide you with copies of certificates of insurance upon your written request.
SECTION I — GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth
in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then -
current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment
Summary, or those twelve (12) months have expired, you may purchase additional products and services at
our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will
control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid
for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware
of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if
requested by either party, appointing a senior representative to meet and engage in good faith negotiations
with our appointed senior representative. Senior representatives will convene within thirty (30) days of the
written dispute notice, unless otherwise agreed. All meetings and discussions between senior
representatives will be deemed confidential settlement discussions not subject to disclosure under Federal
Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties
shall participate in non -binding mediation in an effort to resolve the dispute. If the dispute remains
unresolved after mediation, then either of us may assert our respective rights and remedies in a court of
competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive
relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales,
use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate.
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National City, CA LSA Agreement 110620.docx
Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes.
If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for
paying our income taxes, both federal and state, as applicable, arising from our performance of this
Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment
concerning the performance of our responsibilities under this Agreement. This discrimination prohibition
will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect
to any matter directly or indirectly relating to employment concerning race, color, religion, national origin,
age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the
duties of a particular job or position, height, weight, marital status, or political affiliation. We will post,
where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written
consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either
your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior
written consent of the other party; provided, however, your consent is not required for an assignment by us
as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its
obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided,
however, that within ten (10) business days of the Force Majeure event, the party whose performance is
delayed provides the other party with written notice explaining the cause and extent thereof, as well as a
request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us.
No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make
any claim or assert any right under this Agreement. This provision does not affect the rights of third parties
under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with
respect to the subject matter hereof, and supersedes any prior agreements, understandings, and
representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you,
if any, are for your internal administrative purposes only, and the terms and conditions contained in those
purchase orders will have no force or effect. This Agreement may only be modified by a written amendment
signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either
party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this
Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this
Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
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15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of
an alleged material breach for a termination for cause or a dispute that must be submitted to dispute
resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual
receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an
employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not
actually received, five (5) days after deposit with the United States Postal Service authorized mail center
with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at
the address set forth on the signature page hereto or such other address as the party may have designated
by proper notice. The consequences for the failure to receive a notice due to improper notification by the
intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of such
information could violate rights to private individuals and entities, including the parties. Confidential
information is nonpublic information that a reasonable person would believe to be confidential and
includes, without limitation, personal identifying information (e.g., social security numbers) and trade
secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential
information of the other party and further agrees to take all reasonable and appropriate action to prevent
such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the
termination or cancellation of this Agreement. This obligation of confidentiality will not apply to
information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this
Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar applicable
public disclosure laws governing this Agreement; provided, however, that in the event you receive
an open records or other similar applicable request, you will give us prompt notice and otherwise
perform the functions required by applicable law.
18. Business License. In the event a local business license is required for us to perform services hereunder, you
will promptly notify us and provide us with the necessary paperwork and/or contact information so that we
may timely obtain such license.
19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your
state of domicile, without regard to its rules on conflicts of law.
20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of
which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied,
or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original
signature and will be fully enforceable as if an original signature. Each party represents to the other that the
signatory set forth below is duly authorized to bind that party to this Agreement.
21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right
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to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to
the scope and circumstances of that cooperative procurement.
22. Contract Documents. This Agreement includes the following exhibits:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Investment Summary
Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Maintenance and Support Agreement
Schedule 1: Support Call Process
Third Party End User License Agreement(s)
Implementation and Training Support Services
Schedule 1: Data File Conversion Assistance
Schedule 2: Customer Requested Standard Software Enhancement/Modifications
And/or Custom Software
Additional Terms for New World Public Safety and Brazos Hosted Components
Schedule 1: Service Level Agreement for Hosted Components
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the
date(s) set forth below.
Tyler Technologies, Inc. City of National City, CA
By: Bryan Proctor (Feb 25, 2021 15:56 EST)
Name: Bryan Proctor
Title: President, Public Safety Division
Date: February 25, 2021
Address for Notices:
Tyler Technologies, Inc.
One Tyler Drive
Yarmouth, ME 04096
Attention: Chief Legal Officer
National City, CA LSA Agreement 110620.docx
By:
Name:
Title:
Date:
Address for Notices:
National City Police Department
1200 national City Blvd.
National City, CA 91950-4302
Attention:
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Exhibit A
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you
under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement.
Investment Summary prepared in accordance with Sourcewell Contract #090320-tti
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
National City, CA LSA Agreement 110620.docx
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Sales Quotation For
National City Police Department
1200 National City Blvd
National City , CA 91950-4302
Phone: +1 (619) 336-4400
ler Software
Description
Computer Aided Dispatch
Quoted By: Rob Simonds
Dale: 11/6/2020
Quote Expiration: 12118/2020
Quote Name: National City CAD/Mobile
Quote Number: 2020-31128-2
Quote Description: CAD.Mobile
Year One
License Discount License Total Maintenance
New World Enterprise Single Jurisdiction Law Enforcement CAD
BOLOS
CAD Auto Routing
CAD AVL
Service Vehicle Rotation (Wrecker, Ambulance)
Unit Management
Web CAD Monitor
Tyler CAD to Tyler CAD Interface
E-911 Interface
CAD NCIC Interface
CAD CFS (xml) Export Interface
Telestaff Interface
$47,800
$7,200
$7,200
$7,200
$7,200
$9,600
$16,000
$0
$7,200
$13,600
$14,400
$14,400
$23,900
$3,600
$3,600
$3,600
$3,600
54,800
$8,000
$0
$3,600
$6, 800
$7,200
$7,200
$23,900
$3,600
$3,600
$3,600
$3,600
$4,800
$8,000
$0
$3,600
$6,800
$7,200
$7,200
$5,019
$756
$756
$756
$756
$1,008
$1,680
$0
$756
$1,428
$1,512
$1,512
Law Enforcement Records Management System
Ticket Writer Interface (Supports Brazos)
SO
$0
$0
so
Fire Records Management System
New World Fire Records Software/Pre-Plans Only
$14,800
$7,400
$7,400
$1,554
Mobile
New World Mobile Server
MCT Ticket Writer Interface (supports Brazos)
Law Enforcement Mobile Site License (85 )
ShieldForce LE Dispatch
2020-31128-2 - CAD.Mobile
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$68,000
$0
$46,750
CONFIDENTIAL
13
$34,000
$0
$0
$34,000
$0
$46,750
$7,140
$0
$9,81 8
1 of 6
LE Dispatch[Messaging[StateJNCIC
Drivers License Mag Stripe ReaderlBarcode Reader Interface
Mugshot Image Download
LE In -Car Mapping / AVL
LE In -Car Routing
other Software
CAD Data Mart / Includes 2 users
$3,200 $1,600
Brazos
Device Level Interface: New World Mobile
Interface: Tyler Odyssey Court Case Mgmt System
Task: Field Interview
Task: CA AB053 Demographic Profiling
Interface: Motorola NET RMS Records Mgmt System
eCitation - Brazos Rapid Extension Framework - PDA (60 )
AnnuallSaaS
S0 $0
$0 $0
$3,250 $650
$0 $0
S3,250 $650
$45,000 $9,000
Sub -Total: $336,050 $129,200
Less Discount $129,200
TOTAL: $206,850
$1,600
$0
$0
$2,600
$0
$2,600
$36,000
$206,850
$206,850
S336
$0
$0
$546
$0
$546
$7,560
$43,439
$43,439
so
Description
Quanity Fee Discount Annual
MOD: Spatial Mapping Report and GeoLocation
Brazos Adhoc Reporting
Mobility Hosting Annual Fee
Brazos Hosting Fee
TOTAL:
Services
$2 500
$1,250
$3,000
$3, 60 5
so
so
so
$0
$2,500
$1,250
$3,000
$3,605
$10,355
Description
Quantity Unit Price Discount Total
Project Management
High Availability System Assurance and Software Installation (2 environments)
Mobility Implementation
GIS Implementation
NCIC Installation
Decision Support Software Implementation
Web CAD Monitor Installation
Tyler CAD to Tyler CAD Interface Installation
E-911 Interface Installation
2020-31126-2 - CAD. Motile
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$50,560
$20,880
$2,320
$22,620
$14,500
$4,350
$1,160
$0
$1,160
$0
$0
$0
$0
$0
$0
$0
$0
$0
$50,560
$20,880
$2,320
$22,620
$14,500
$4,350
$1,160
$0
$1,160
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CAD Export Installation
Tielestaff Interface Installation
Law Enforcement CAD Conf guraiion
CAD Training (10 users ea.)
CAD Go -Live
Ticket Writer Interface (Supports Brazos) Installation
Law Enforcement Mobile Messaging Configuration
Law Enforcement Mobile Messaging Training (includes 10 trainers ea.)
Law Enforcement Mobile Messaging Go -Live
Fire Pre -Plans Installation Fee
Custom Interface to SDLaw Wants and Warrants
Custom Interface to NetRMS
Custom Interface to ARJ IS
Brazos Set Up & Config
Brazos Project Mgmt (plus per diem as needed if not remote)
Brazos Training
Brazos Device Level Interface: Set Up & Confguration
Brazos Odyssey Interface: Set Up & Configuration
Conversions
TOTAL:
Third Pa Hardware Software and Services
1 $2,320
1 $1,160
1 $8,700
2 $4,350
1 $13,050
t $0
1 $4,350
1 $4,350
1 $8,700
1 $1,160
1 $28,800
1 $14,400
1 $14,400
1 $14,500
1 $3,000
1 $2,000
1 $0
1 $0
$0 $2,320
$0 $1,160
S0 $8,700
$0 $8,700
$0 $13,050
$0 $0
$0 $4,350
$0 $4,350
$0 $8,700
$0 $1,160
$0 $28,800
$0 $14,400
$0 $14,400
$0 $14,500
$0 $3,000
$0 $2,000
$0 $0
$0 $0
$23,400
$270,540
Description
Year One
Quantity Unit Price Total Unit Maintenance Maintenance
Embedded Third Party Software
Geo-File Maintenance Software (AreGIS for Desktop Standard) /
per Workstation
Red Hat Enterprise Linux Server (3-year subscription)
207803-001 1 Brother, Warranty, Rugged Jet, 3 year (Assure
Premier Service; initial service plus three additional years).
Lantronix UDS-1100
LB3690 / Brother, PocketJet, Rugged Jet, Vehicle Adapter -
Cigarette Plug, 3 ft.
LB3834 / Brother, Pocketjet, Rugged Jet, AC Charger
RDM02U5 / Brother, Rugged. Jet, Paper, Thermal, premium, 36
rolls per case
RJ42300L l Brother, Printer, Rugged Jet 4, Bluetooth
3rd Party Hardware Snub-Total-
3rd Party Software Sub-Total-
1
1
15
$16,500
$6,000
$2,500
$152
1 S175
15 $23
15 $50
15 a142
$16,500
$6,000
$2, 500
$2,280
$175
$345
$750
$2,130
15 $569 $8,535
$14,215
$25,000
2020-31128-2 - CAD.I Mobile CONFIDENTIAL
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S3,465
$1,260
$0
$0
$0
$0
$0
$0
$0
$3,465
$1,260
$o
$0
$0
$0
$0
$0
so
$0
$4,725
3 of 6
Less Discount.
TOTAL:
S umma ry
Total Tyler Software
Total Annual Fees
Total Tyler Services
Total Other Costs
Total Third Party Hardware, Software and Services
Travel and Living Expenses
Summary Total
Detailed Breakdown of Conversions Included in Summa
Total
One Time Fees
$206,850
$270,540
$0
$39,215
$46,000
$562,605
S4, 725
$39,215 $0
Recurring Fees
$43,439
$10,355
54,725
$58.519
Description
Quantity Und Price Discount
Total
Data File Conversion
Data Conversion Analysis and Assessment
Base Conversion (One Source); Master Files including Master Name (Jackets); Addresses; and
Narratives 1 Includes one source of data. Does not include everything the Name is linked to (e.g.
tickets, arrests, etc.)
Address Re -Verification
2020-311213-2 - OA{]_Modle
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TOTAL:
1
1
$3,000
$-15,000
$5.400
$0
$0
$3,000
$15,000
$0 $5,400
$23,400
CONFIDENTIAL 4 of 6
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Assumptions
Personal Computers must meet the minimum hardware requirements for New World products_ Microsoft Windows 718.1110 32164 bit or later is required for all
client machines_ Windows Server 201212016 and SQL Server 201212014/2016 are required for the Application and Database Server(s).
New World product requires Microsoft Windows Server 201212016 and SQL Server 201212016, including required Client Access Licenses (CALs) for applicable
Microsoft products. Servers must meet minimum hardware requirements provided by Tyler. The supported Microsoft operating system and SQL versions are
specific to Tyler's release versions.
New World product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on the application server for
report formatting.
Tyler recommends a 100/1000MB (GB) Ethernet network for the local area network. Wide area network requirements vary based on system configuration, Tyler
will provide further consultation for this environment.
Does not include servers, workstations, or any required third -party hardware or software unless specified in this Investment Summary. Client is responsible for any
third -party support_
Licensed Software, and third -party software embedded therein, if any, will be delivered in a machine readable form to Client via an agreed upon network
connection. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed_
Tyler's GIS implementation services are to assist the Client in preparing the required GIS data for use with the Licensed New World Software. Depending upon the
Licensed Software the Client at a minimum will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit
Recommendations and Run Cards in an industry standard Esri file format (Personal Geodatabase, File Geodatabase, Shape Files). Client is responsible for
having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary Tyler will assist Client in creating the necessary polygon layers
(Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run Cards. Tyler is nol responsible for the accuracy of or any ongoing
maintenance of the GIS data used within the Licensed New World Software.
Client is responsible for any ongoing annual maintenance on third -party products, and is advised to contact the third -party vendor to ensure understanding of and
compliance with all maintenance requirements
All Tyler Clients are required to use Esri's ArcGIS Suite to maintain GIS data. All maintenance, training and ongoing support of this product will be contracted with
and conducted by Esri. Maintenance for Esri's ArcGIS suite of products that are used for maintaining Client's GIS data will be contracted by Client separately with
Esri.
CAD Maintenance includes 2417 Support
When Custom interface is included, Custom interface will be operational with existing third -party software. Any subsequent changes to third -party applications may
require additional services.
When StateINCIC is included, Client is responsible for obtaining the necessary State approval and any non -Tyler hardware and software_ Includes state -specific
standard forms developed by Tyler. Additional forms can be provided for an additional fee_
Unless a Workstation License is included, New World CAD includes 8 licenses.
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Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set
forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. Tyler Software.
1.1 License Fees: License fees will be invoiced 100% on the Effective Date.
1.2 Maintenance and Support Fees (including Esri and Embedded Third Party Software): Year 1
maintenance and support fees are waived one (1) year from the Effective Date. Year 2 maintenance
and support fees, at the rate listed in the Investment Summary, are payable one year from the
Effective Date. Subsequent maintenance and support fees, at our then -current rates, are invoiced
annually in advance of each anniversary thereof.
1.3 Subscription Fees: Your initial 3-year subscription fees for RedHat, as identified in Exhibit 1, will be
invoiced when we make the product available to you. Subsequent subscription fees for Red Hat are
renewable directly through Red Hat Support (renewals@redhat.com).
2. Professional Services.
2.1 Implementation and Other Professional Services (including training): Implementation and other
professional services (including training) are billed and invoiced as delivered, at the rates set forth in
the Investment Summary.
2.2 Conversions: Fixed -fee conversions are invoiced 50% upon acceptance of the Conversion Analysis
Document, and 50% upon initial delivery of converted data into Live/Production environment, by
conversion option. Where conversions are quoted as estimated, we will bill you the actual services
delivered on a time and materials basis.
2.3 Requested Custom Software Interfaces: Requested custom software interfaces are invoiced 100%
upon initial delivery of the interface.
2.4 Other Fixed Price Services: Except as otherwise provided, other fixed price services are invoiced
upon complete delivery of the service. For the avoidance of doubt, where "Project Planning
Services" are provided, payment will be due upon delivery of the Implementation Planning
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document. Dedicated Project Management services, if any, will be billed monthly in arrears,
beginning on the tenth day of the month immediately following initiation of project planning.
3. Other Services and Fees.
3.1 Brazos Hosting Fees: Hosting fees for the Brazos software are invoiced annually in advance,
beginning on the Effective Date. Year 1 fees are at the rates set forth in the Investment Summary.
Subsequent annual fees will be at our then -current rates.
3.2 New World Hosting Fees: Hosting Fees for the Tyler Software identified on the Investment Summary
are invoiced annually in advance on the Effective Date and will renew automatically for additional
one (1) year terms at our then -current Hosting Services fee, unless terminated in writing by either
party at least thirty (30) days prior to the end of the then -current term.
4. Third Party Products.
4.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when
we make it available to you for downloading.
4.2 Third Party Software Maintenance (excluding Esri and Embedded Third Party Software): The first
year maintenance fees for the Third Party Software, if any, is invoiced when we make that Third
Party Software available to you for downloading.
4.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
4.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with
applicable expenses, at the rates set forth in the Investment Summary.
5. Expenses. The service rates in the Investment Summary include travel expenses for Tyler delivered
services. Expenses will be billed as incurred and only in accordance with our then -current Business
Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to
this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to
charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous
items less than twenty-five dollars and mileage logs are not available.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to
receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
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Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee's total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee's total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for "Basic Economy Fares" because these fares are non-refundable and have
many restrictions that outweigh the cost -savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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2. Ground Transportation
A. Private Automobile
Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a "mid -size" or "intermediate" car. "Full" size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
"No shows" or cancellation fees are not reimbursable if the employee does not comply with the
hotel's cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
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Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of Defense and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon
Depart after 12:00 noon
Return Day
Lunch and dinner
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
• Breakfast 15%
• Lunch 25%
• Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
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5. Internet Access — Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed Internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the "lowest practical coach fare" with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
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Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
1. Term. We provide maintenance and support services on an annual basis. The initial term commences on
the Effective Date, and remains in effect for one (1) year. The term will renew automatically for additional
one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of
the then -current term.
2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed
in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy.
We reserve the right to suspend maintenance and support services if you fail to pay undisputed
maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance
and support services only if you pay all past due maintenance and support fees, including all fees for the
periods during which services were suspended.
3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our
training services on the Tyler Software, and you timely pay your maintenance and support fees, we will,
consistent with our then -current Support Call Process:
3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner,
consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable
release life cycle policy); provided, however, that if you modify the Tyler Software without our consent,
our obligation to provide maintenance and support services on and warrant the Tyler Software will be
void;
3.2 provide support during our established support hours, currently Monday through Friday from 8:00 a.m.
to 9:00 p.m. (Eastern Time Zone). Emergency 24-hours per day, 7 days per week, support for New World
Public Safety CAD only. After 9:00 p.m., the New World CAD phone support will be provided via pager
and a support representative will respond to CAD service calls within 30 minutes of call initiation.
3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party
Software, if any, in order to provide maintenance and support services;
3.4 provide you with a copy of all releases to the Tyler Software (including updates and enhancements) that
we make generally available without additional charge to customers who have a maintenance and
support agreement in effect; and
3.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with any
applicable release life cycle policy.
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4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services
remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as
GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of
connecting us to your PCs and server(s). You agree to provide us with a login account and local
administrative privileges as we may reasonably require to perform remote services. We will, at our option,
use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably
applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide
onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that
the reason onsite support was required was a reason outside our control. Either way, you agree to provide
us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable
distance from the equipment, and use of machines, attachments, features, or other equipment reasonably
necessary for us to provide the maintenance and support services, all at no charge to us. We strongly
recommend that you also maintain a VPN for backup connectivity purposes.
5. Hardware and Other Systems. If you are a self -hosted customer and, in the process of diagnosing a software
support issue, it is discovered that one of your peripheral systems or other software is the cause of the
issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot
support or maintain Third Party Products except as expressly set forth in the Agreement.
In order for us to provide the highest level of software support, you bear the following responsibility related
to hardware and software:
(a) All infrastructure executing Tyler Software shall be managed by you;
(b) You will maintain support contracts for all non -Tyler software associated with Tyler Software (including
operating systems and database management systems, but excluding Third -Party Software, if any); and
(c) You will perform daily database backups and verify that those backups are successful.
6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a)
initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler
cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other
consulting services; (e) maintenance and support of an operating system or hardware, unless you are a
hosted customer; (f) support outside our normal business hours as listed in our then -current Support Call
Process; or (g) installation, training services, or third party product costs related to a new release.
Requested maintenance and support services such as those outlined in this section will be billed to you on a
time and materials basis at our then current rates. You must request those services with at least one (1)
weeks' advance notice.
7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this
Exhibit C at Schedule 1.
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Exhibit C
Schedule 1
Support Call Process
If, after you have cut over to live production use of the Tyler Software, you believe that the Tyler Software is
Defective, as "Defect" is defined in the Agreement, then you will notify us by phone, in writing, by email, or
through the support website. Please reference http://www.tylcrtcch.comiclicnt-support for information on how to
use these various means of contact.
Documented examples of the claimed Defect must accompany each notice. We will review the documented
notice and when there is a Defect, we shall resolve it at no additional cost to you beyond your then -current
maintenance and support fees.
In receiving and responding to Defect notices and other support calls, we will follow the priority categorizations
below. These categories are assigned based on your determination of the severity of the Defect and our
reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via
the same methods outlined above, to request the change.
In each instance of a Priority 1 or 2 Defect, prior to final Defect correction, the support team may offer you
workaround solutions, including patches, configuration changes, and operational adjustments, or may
recommend that you revert back to the prior version the Tyler Software pending Defect correction.
(a) Priority 1: A Defect that renders the Tyler Software inoperative; or causes the Tyler Software to fail
catastrophically.
After initial assessment of the Priority 1 Defect, if required, we shall assign a qualified product
technical specialist(s) within one business (1) hour. The technical specialist(s) will then work to
diagnose the Defect and to correct the Defect, providing ongoing communication to you concerning
the status of the correction until the Tyler Software is operational without Priority 1 defect.
The goal for correcting a Priority 1 Defect is 24 hours or less.
(b) Priority 2: A Defect that substantially degrades the performance of the Tyler Software, but does not
prohibit your use of the Tyler Software.
We shall assign a qualified product technical specialist(s) within four (4) business hours of our receipt
of your notice. The product technical specialist will then work to diagnose and correct the Defect. We
shall work diligently to make the correction, and shall provide ongoing communication to you
concerning the status of the correction until the Tyler Software is operational without Priority 2
Defect.
The goal for correcting a Priority 2 event is to include a correction in the next Tyler Software release.
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(c) Priority 3: A Defect which causes only a minor impact on the use of the Tyler Software.
We may include a correction in subsequent Tyler Software releases.
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Exhibit D
Third Party End User License Agreement
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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END USER LICENSE AGREEMENT
RED HATS r ENTERPRISE LINUXID AND RED HAT APPLICATIONS
redhat.
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING SOFTWARE FROM RED HAT. BY USING RED HAT
SOFTWARE, YOU S'GNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND ACKNOWLEDGE YOU
HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS
THE AUTHORITY TO ENTER INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE
TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE THE RED HAT SOFTWARE THIS END USER LICENSE AGREEMENT DOES NOT
PROVIDE ANY RIGHTS TO RED HAT SERVICES SUCH AS SOFTWARE MAINTENANCE, UPGRADES OR SUPPORT. PLEASE REVIEW YOUR
SERVICE OR SUBSCRIPTION AGREEMENT{Sl THAT YOU MAY HAVE WITH RED HAT OR OTHER AUTHORIZED RED HAT SERVICE
PROVIDERS REGARDING S ERViC ES AND ASSOCIATED PAYMENTS_
This end user icense agreerrer°t ('EULA') governs the use of any of the versions of Red Hat Enterprise Linux. certain other Red Hat software
applications that include or refer tc t.^s license, and any related updates, source code, appearance, structure and organization (the 'Programs'),
regardless of the delivery median sm.
License Grant. Subject to the following terms, Red Hat. Inc. ('Red Hat') grants to you a perpetual. worldwide license to the Programs (most of
which include multple software components) pursuant to the GNU General Public License v2. The license agreement for each software
component is located im the software component's source code and permits you to run. copy. modify, and redistribute the software component
(subject to certain obligations n same cases), both in source code and binary code forms. with the exception of (a) certain binary only firmware
components and (b) the images identified in Section 2 below. The license rights for the binary only firmware compcnems are located with the
components themselves. This EU LA pertains solely to the Programs and does not limit your rights under, or grant you eighth that supersede,
the license terms of any particular component
2_ intellectual Property Rights. The Prograrns and each of their components are owned by Red Hat and other licensors and are protected under
copyrght taw and under other laws as applicable_ Tide to the Programs and any component, orb:. any copy. modification. or merged portion
shall remain with Red Hal and other licensors, subject to the applicable license. The 'Red Hat` trademark and the'Shadowman' logo are
registered trademarks of Red Hat in the U.S. and other comities. This EULA does not permit you to distribute the Programs or their
components ustig Red Hat's trademarks. regardless of whether the copy has been modified. You may make a commeitial redistribution of the
Programs only if (a) permitted under a separate written agreement with Red Hat authorizing such commercial redistribution. or (b) you remove
and replace all occurrences c€ Red Hat trademarks. Modifications to the software may corrupt the Programs. You should read the information
found at jrtte,4hrxw redhat.co Wahout'comoorateiYrademarki before distributing a copy of the Programs.
3_ Limited Warranty. Except as specifira'y slated in t- is Section 3.. a separate agreement with Rec Hat, or a license for a particular component,
to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed "as is without
warranty of any kind. expressed or implied. including the implied warranties of merchantability. non -infringement or fitness for a
particular purpose. Red Hat warrants that the media on which the Programs and the components are provided wi be free from defects
materials and manufacture under normal use for a period of 30 days from the date of delivery to you. Neither Red Hat nor its affiliates warrants
that the functions ocntaiied it the Programs will meet your requirements or that the operation of thePrograms wit be entirely error free, appea'
or perform precisely as described in the accompanying documentation, or comply with regulatory requirements. This warranty extends only
to the party that purchases subscription services for the Programs from Red Hat and!or its affiliates or a Red Hat authorized'
distributor.
4_ Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, your exclusive remedy under this EULA is to
return any defective media within 30 days of delivery along with a copy of your pa}mem receipt and Red Hat at Is option. will replace it or
refund the money you paid for the media. To the maximum extent permitted under applicable law, under no circumstances will Red Hat,
its affiliates, any Red Hat authorized distributor, or the licensor of any component provided to you under this EULA be liable to you
for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the
Programs or any component. even if Red Hat, its affiliates, an authorized distributor andior licensor has been advised of the
possibility of such damages. In no event shall Red Hat's or its affiliates' liability, an authorized distributor's liability or the liability of
the licensor of a component provided to you under this EULA exceed the amount that you paid to Red Hat for the media under this
EULA
5_ Export Control. As required by the laws of the United Slates and other comities. you represent and warrant that you: (a) understand that the
Programs and their components may be subject to export controls under the U.S. Commerce Department's Export Administration Regulations
('EAR'); (b) are not located in a prohibited destnation country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, North
Korea, Sudan and Syria, subject to change as posted by the United States government); (c) will not export re-export or transfer the Programs
to any prohbited destnation or persons or entities on the U_S. Bureau of Industry and Security Denied Parties List or Entity List. or the U.S_
Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons. or any similar lists maintaned by other countries,
without the necessary export license(s) o aitho zation(s); (d) wit not use or transfer the Programs for use in connection with any nuclear,
chemical of biological weapons, missile technology, or military end -uses where prohibited by an applicable arms embargo, finless authorized
by the relevant government agency by regulation or specific license; (e) understand and agree that if you are in the Urerted States and export or
transfers the Programs to eligible end users. you will. to the extent required by EAR Section 740.17{e), submit semi-annual reports to the
Commerce Department's Bureau of Industry and Security. which include the name and address (including country) of each transferee; and (f)
understand that countries including the United States may restrict the import. use. or export of encryption products (which may include the
Programs and the components) and agree that you shall be sdely responsible for compliance with any such import use, or export restrictions.
End User license Ag eemierlt Page i of
Red Hat Enterprise Ltiut'&,and Red liar,,opn4-atkxns h7c•ieT.7er2010
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H. Third Party Programs. Red Hat may distribute third party software programs with the Programs that are not part of the Programs. These third
party programs are not required to run the Programs, are provided as a convenience to you, and are subject ID their own license terms. The
license terms either accompany the third party software programs or can be viewed at htto:terww.rec3bat.cornrlicensesMh'rdoartan'eula.html. H
you do not agree to abide by the applicable license terms for the third party software programs, then you may not install them. If you wish to
install the third party software programs on more than one system or transfer the third party software programs to another party. then you must
cent= the fic ensor of the applicable third party software programs.
7. General H any provision of this EULA is held to be unenforceable. the enforceability of the rernaning provisions shall not be affected. Any
thin, controversy or dispute arising under or relating bo this EULA shal be governed by the Taws of the State of New York and of the United
States, without regard to any conflict of laws provisions. The rights and obligations of the parries to this EUCA shall not be governed by the
United Natoas Convention on the International Sale of Goods_
Cape t C 1-11 Poet Hat, Inc. N riaM reserved. 'Red Far and Ite Red :-tut chsdir,ant° loge are reattTd trademarks et Rea: Hat, 1m Rims s a regldere'd trademark d Urals
Tamed ds. N or ertradervks are Me rr 5tj of their reX.icI've ewers.
Era User Manse Agree rrlerrt Rage 2 or 2
Rea Havel Errrerpr1se Ltblurt. and Red Jfar A,ppRcaGTns hk1^rember20TO
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Exhibit E
Professional Services
1. Project Management Services
We shall act as Project Manager to assist you in implementing the Tyler Software. Project Management Services
include:
a) Developing an Implementation Plan;
c) Providing revised Implementation Plans (if required);
d) Providing monthly project status reports; and
e) Facilitating project status meetings
• a project review (kickoff) meeting at your location
• progress status meeting(s) during implementation via telephone conference or at
your location; and
• a project close-out meeting at your location to conclude the project.
f) Consultation with other vendors or third parties, if necessary.
2. Implementation and Training Support Services
Implementation and training support services have been allocated for this project as described in the Investment
Summary. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount
allocated. The recommended implementation and training support services include:
a) implementation of the Tyler Software;
b) Training you or assisting with your training on the Tyler Software; and
c) tailoring of Tyler Software by our technical staff and/or consultation with our technical
staff.
The project management, implementation and training support services provided by us may be performed at your
premises and/or at our headquarters in Troy, Michigan (e.g., portions of project management are performed in
Troy).
3. Interface and/or Fixed Installation Services
We shall provide interface installation services as described in the Investment Summary.
Our GIS implementation services are to assist you in preparing the required GIS data for use with the Tyler
Software. At a minimum, you will be required to provide an accurate street centerline layer and the appropriate
polygon layers needed for Unit Recommendations and Run Cards in an industry standard ESRI file format (Personal
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Geodatabase, File Geodatabase, Shape Files). You are responsible for having clearly defined boundaries for Police
Beats, EMS Districts and Fire Quadrants. If necessary, we will assist you in creating the necessary polygon layers
(Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run Cards. We are not
responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Tyler Software.
4. Hardware Quality Assurance Service
We shall provide Hardware Systems Assurance of your server(s).
a) Hardware Quality Assurance Services (High Availability Environment):
Hardware Systems Assurance and Software Installation:
- Assist with High Level System Design/Layout
- Validate Hardware Configuration and System Specifications
- Validate Network Requirements, including Windows Domain
- Physical Installation of our Application Servers
- Install Operating System and Apply Updates
- Install SQL Server Standard and Apply Updates
- Install New World Applications Software and Apply Updates
- Establish Base SQL Database Structure
- Configure System for Electronic Customer Support (i.e. NetMeeting)
Tune System Performance Including Operating System and SQL Resources
- Provide Basic System Administrator Training and Knowledge Transfer
- Document Installation Process and System Configuration
5. Message Switch Operating System Assurance Service
We shall provide Message Switch Operating System Assurance, which includes:
a) Message Switch Operating System Assurance Services:
Operating System Assurance and Software Installation Services:
- Install and update Red Hat Linux Operating System
- Build system user -ids and applicable authorizations
- Migrate all Message Switch data from the old server to the new server (if
applicable)
- Verify all scripts are adjusted for new machine
- Migrate all source code from old machine to the new machine
- Compile New World Message Switch programs
- Assure Message Switch operation in the live environment
- Adjust any tables as needed during the assurance phase
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Exhibit E
Schedule 1
Data File Conversion Assistance
We will provide conversion assistance to you to help convert the existing data files specified below. If additional
files are identified after contract execution, estimates will be provided to you prior to us beginning work on those
newly identified files.
General
1. A data conversion analysis and assessment to verify the scope of effort for the project will be conducted.
A revised cost estimate for the data conversion may be provided at the conclusion of the assessment.
You may elect to cancel or proceed with the conversion effort based on the revised estimate.
2. This conversion effort includes data coming from one unique database or source, not multiple sources.
3. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort.
Any data cleansing, removal of duplicate records, or editing must take place by you prior to providing
the data to us.
Our Responsibilities
1. We will create and provide you with a conversion design document for signoff prior to beginning
development work on the data conversion. No conversion programming by us will commence until you
approve this document.
2. We will provide the data conversion programs to convert your data from a single data source to the
Tyler Software for the specified files that contain 500 or more records.
3. As provided in the approved project plan for conversions, we will schedule on -site trips to your location
in order to conduct the following:
a. Conversion Analysis,
b. Assistance for Mapping and Testing, and
c. Conversion Go -Live Implementation and Support
You will be responsible for travel expenses as set forth in the Invoicing and Payment Policy.
4. We will provide you up to three (3) test iterations of converted data. One test iteration consists of:
a. Running a conversion test in your test environment,
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b. Your reviewing a conversion test and responding in writing to us (see Client responsibilities
paragraph 3 below),
c. We correct or otherwise respond to issues discovered and reported by you,
d. We will conduct internal testing to verify corrections, and
e. Both parties planning for the next test iteration and/or the live
implementation.
5. Tyler will provide warranty coverage for any conversion -procedure -related issue reported by Client to
Tyler within thirty (30) days after the conversion is run in the live database.
Client Responsibilities
1. Provide a current copy of the databases to be converted in one of the following formats:
a. Microsoft SQL Server database
b. Microsoft Access database
c. Microsoft Excel spreadsheet
d. An ASCII format delimited text file, including embedded column headers and text delimiters.
2. You will respond to each test iteration in writing, on a form provided by us, either:
a. Indicating acceptance that the Data Conversion Process is ready for the final conversion, or
b. Indicating a list of changes that need to be applied to the Data Conversion Process for the
next test iteration.
Up to three (3) test iterations are provided as part of the Data Conversion Process. After the third (3rd)
test iteration, you shall pay our then -current flat fee for each additional test iteration. You will promptly
review each test iteration when delivered by us. Prompt review by you will reduce the likelihood that a
need for additional test iteration(s) may arise due to an extended delay between delivery of a test
iteration and its review.
3. If available, provide a data dictionary (data descriptors) of the databases being converted.
4. As provided in the project plan for conversions, you will provide a dedicated resource in each application
area to focus on conversion mapping and testing. This includes dedicating a support person(s)
whenever our staff is on site regarding conversions. Roughly a one to one ratio exists for your
commitment and our commitment. You understand that thorough and timely testing of the converted
data by your personnel is a key part of a successful data conversion.
5. You agree to promptly review and signoff on both the conversion design document, and on the final
conversions after appropriate review.
Only one data source will be converted for each of the files described in the Investment Summary, unless
otherwise noted.
National City, CA LSA Agreement 110620.docx
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Exhibit E
Schedule 2
Customer Requested Standard Software Enhancements and/or Custom Software
1. Definition
We will provide you requested standard software enhancements and/or custom software services as discussed
below. You agree to cooperate in limiting the scope of those modifications and enhancements, as described
below.
An analysis and assessment to verify the scope of effort for these services will be conducted. A revised estimate
for the enhancements/customizations may be provided at the conclusion of the assessment. You may elect to
cancel or proceed with the enhancements/customizations based on the revised estimate.
Capabilities included in the initial scope:
a) Custom Software/Interface(s)
While we will provide reasonable consultation, you are responsible for obtaining
technical contacts and/or technical specifications from the third parties involved.
(1) SDLaw Warrant Lookup
(2) NetRMS Call -for -Service Export
(3) ARJIS Call for Service Export
2. Methodology to Provide Enhancements and/or Custom Software
a) Our Responsibility
As part of our delivery of these services, we will:
(1) Review the required features for the items set forth in paragraph 1, above, with you.
(2) Prepare a Requirements Document (RD) to include:
• Detailed description of the required feature
• menu samples
• screen samples
• report samples
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(3) Conduct the programming and programming test.
(4) Provide the associated in -scope training, testing and/or other support services.
For an enhancement or custom software requiring over seven (7) days of services, we will utilize the
design document procedure described below. For enhancements or custom software that require
less than seven (7) days of services, we will use a Request for Service (RFS) procedure. Both
procedures are reviewed with you at a pre -installation planning meeting. The RFS procedure utilizes
a form with a narrative description and supporting documentation if applicable to define the work to
be done.
b) Design and Development Procedure
Activity
Targeted Time
Period
(1) We will work with your staff in completing the RD. You To be determined
agree to be reasonable and flexible in not attempting to
design the modifications to be more extensive than called
for in the scope (cost and schedule) of this project.
(2)
(3)
We submit completed RD to you.
You will review and sign off on the RD. Once you sign off
on the RD, any subsequent changes must be documented
along with the impact on pricing and schedule, if any. No
programming will be done by us until the formal sign -off
and your authorization to proceed in writing.
(4) We complete programming from RD and provide the
associated deliverable to you.
(5)
You test software modification based on RD.
3. Third Party Responsibilities
To be determined
To be determined
To be determined
To be determined
a) The third -party will provide a documented API that will allow access to required data via a file
transfer, web service, or TCP/IP.
b) We will not be responsible for making any modification in the 3rd party software to support this
interface.
c) The third -party will work with us and you to test the interface.
The custom interfaces we agree to deliver to you under this Agreement are set forth in the Investment Summary
and in the Interface Control Document(s) (ICD) listed below.
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Interface Control Document (ICD)
National City, CA
Interface
SDLaw Warrant Lookup
Direction
Query
Third Party
SDLaw
Record Type
NA
Detailed Description
Tyler Technologies will provide an interface that will allow users to query warrant data through
the New World NCIC functionality.
Assumptions
1. The third -party will provide a documented API that will allow access to required data via
a file transfer, web service, or TCP/IP.
2. Tyler Technologies will not be responsible for making any modification in the 3rd party
software to support this interface.
3. The third -party will work with Tyler Technologies and the customer to test the interface.
For Internal Use Only:
Practice Manager
Craig Salyers
Design and Development
Hours
140
Deployment Hours
40
Trips Required
0
Interface
NetRMS Call -for -Service Export
Direction
Export
Third Party
NetRMS
Record Type
Call for Service
Detailed Description
Tyler Technologies will provide an interface that will export call for service data from New
World Public Safety to NetRMS.
The transfer of data will be an automated batch process that will occur at a frequency
configurable by the customer. The interface will support one transfer method and format. Data
may be transmitted as a file, through a web service, as a TCP message or other agreed upon
protocol.
The interface will be limited to fields that exist in the New World module. No new fields will
be added to the database or user screen.
Assumptions
1. The third -party will provide a documented API that will allow access to required data via
a file transfer, web service, or TCP/IP.
2. Tyler Technologies will not be responsible for making any modification in the 3rd party
software to support this interface.
3. The third -party will work with Tyler Technologies and the customer to test the interface.
Page 1 of 2
Sep 21, 2020
Interface Control Document
Sedgwick County, KS
For Internal Use Only:
Practice Manager
Craig Salyers
Design and Development
Hours
60
Deployment Hours
30
Trips Required
0
Interface
ARJIS Call for Service Export
Direction
Export
Third Party
ARJIS
Record Type
Call for Service
Detailed Description
Tyler Technologies will provide an interface that will export call for service data from New
World Public Safety to ARJIS.
The transfer of data will be an automated batch process that will occur at a frequency
configurable by the customer. The interface will support one transfer method and format. Data
may be transmitted as a file, through a web service, as a TCP message or other agreed upon
protocol.
The interface will be limited to fields that exist in the New World module. No new fields will
be added to the database or user screen.
Assumptions
1. The third -party will provide a documented API that will allow access to required data via
a file transfer, web service, or TCP/IP.
2. Tyler Technologies will not be responsible for making any modification in the 3rd party
software to support this interface.
3. The third -party will work with Tyler Technologies and the customer to test the interface.
For Internal Use Only:
Practice Manager
Craig Salyers
Design and Development
Hours
60
Deployment Hours
30
Trips Required
0
Page 2 of 2
Sep 21, 2020
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Exhibit F
Additional Terms for New World Public Safety and Brazos Hosted Components
We will provide you with the New World Public Safety and Brazos hosted components of Tyler Software indicated
in the Investment Summary of this Agreement. The terms and conditions contained in this document only apply
to our provision of those applications. Capitalized terms not otherwise defined will have the meaning assigned to
such terms in your License and Services Agreement.
1. Additional Definitions. The following definitions shall apply to this Exhibit:
1.1. "Hosted Components" means the New World Public Safety and Brazos hosted components of Tyler
Software identified in the Investment Summary.
1.2. "Hosting Services" means the hosting services Tyler will provide for the Hosted Components for the fees
set forth in the Investment Summary. Terms and Conditions for the Hosting Services are set forth in this
Exhibit F.
1.3. "SLA" means the service level agreement applicable to the Hosting Services. A copy of Tyler's current SLA is
attached hereto as Schedule 1.
1.4. "Third Party Services" means the services provided by third parties, if any, identified in the Investment
Summary.
2. Hosting Terms for the Hosted Components.
2.1. We will either host or engage Third Party Services in order to host the Hosted Components set forth in the
Investment Summary for the fees set forth therein. You agree to pay those fees according to the terms of
the Invoicing and Payment Policy. In exchange for those fees, we agree to provide the Hosting Services
according to the terms and conditions set forth in this Exhibit F, and the other applicable terms of the
Agreement. If you fail to pay those fees, we reserve the right to suspend delivery of the applicable Hosting
Services after advance written notice to you of our intention to do so.
2.2. In our sole discretion, we may elect to migrate the Hosting Services to a replacement system (including our
own) and will undertake reasonable efforts to complete such transfer during maintenance windows as set
forth in the SLA. We will undertake reasonable efforts to provide you with advance written notice of any
such transfer. You agree to provide all reasonable assistance and access in connection with any such
transfer. In the event the Hosted Components are transferred to our data center and we provide hosting
services directly to you, the terms of the SLA will also apply.
2.3. The initial term for the Hosting Services is one (1) year. Thereafter, the term will renew automatically for
additional one (1) year terms, unless terminated by either party at least thirty (30) days in advance of the
upcoming renewal date.
2.4. Where applicable, we will perform or cause to have performed upgrades of the applications, hardware,
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and operating systems that support the Hosting Services. These upgrades are performed in commercially
reasonable timeframes and in coordination with third -party releases and certifications. We will make
available information on industry -standard minimum requirements and supported browsers for accessing
the Hosting Services.
• e�� tyler
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Exhibit F
Schedule 1
Service Level Agreement for Hosted Components
Agreement Overview
This SLA outlines the information technology service levels that we will provide to you to ensure the availability
of the Hosting Services that you have requested us to provide. All other support services are documented in
the applicable Support Call Process. All defined terms not defined below have the meaning set forth in the
Agreement.
Definitions
Attainment: The percentage of time a service is available during a billing cycle, with percentages rounded to the
nearest whole number.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the
acts or omissions of any of your service users or third -party providers over whom we exercise no control.
Downtime: Those minutes during which the applicable software products are materially unavailable for your use.
Downtime does not include those instances in which only a Defect is present.
Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving,
processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force
Majeure.
Service Availability
The Service Availability of the applicable software products is intended to be 24/7/365. We set Service
Availability goals and measures whether we have met those goals by tracking Attainment.
Client Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the
applicable Support Call Process exhibit. You may escalate through the hosting hotline. You will receive a support
incident number. Any Downtime is measured from the time we intake your support incident.
To track attainment, you must document, in writing, all Downtime that you have experienced during a billing
cycle. For purposes of this Service Level Agreement, billing cycle shall be based on each calendar quarter. You
must deliver such documentation to Tyler within thirty (30) days of a billing cycle's end.
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The documentation you provide must substantiate the Downtime. It must include, for example, the support
incident number(s) and the date, time and duration of the Downtime(s).
Tyler Responsibilities
When our support team receives a call from you that a Downtime has occurred or is occurring, we will work with
you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or
Force Majeure). We will also work with you to resume normal operations.
Upon timely receipt of your Downtime report, outlined above, we will compare that report to our own outage
logs and support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred.
We will respond to your Downtime report within thirty (30) days of receipt. To the extent we have confirmed
Downtime for which we are responsible, we will provide you with the relief set forth below.
Client Relief
When a Service Availability goal is not met due to your confirmed Downtime, we will provide you with relief that
corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief
Schedule below.
Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5% of
the fee for any one billing cycle. Issuing of such credit does not relieve us of our obligations under the
Agreement to correct the problem which created the service interruption. A correction may occur in the billing
cycle following the service interruption. In that circumstance, if service levels do not meet the corresponding
goal for that later billing cycle, your total credits will be doubled, with equal relief being provided in that later
billing cycle.
Client Relief Schedule
Targeted Attainment
Actual Attainment
Client Relief
100%
98-99%
Remedial action will be taken at no
additional cost to you.
100%
95-97%
Remedial action will be taken at no
additional cost to you. 4% credit of
fee for affected billing cycle will be
posted to next billing cycle
100%
<95%
Remedial action will be taken at no
additional cost to you. 5% credit of
fee for affected billing cycle will be
posted to next billing cycle
You may request a report from us that documents the preceding billing cycle's Service Availability, Downtime, any
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National City, CA LSA Agreement 110620.docx
remedial actions that have been/will be taken, and any credits that may be issued. That report is available by
contacting the hosting hotline through the support portal(s).
Applicability
The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and
Force Majeure.
We perform maintenance during limited windows that are historically known to be reliably low -traffic times. If
and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of
those windows and will coordinate to the greatest extent possible with you. When maintenance is scheduled to
occur, we will provide approximately two (2) weeks' advance written notice to the contact information that you
supply on your notification form. When emergency maintenance is scheduled, you will receive an email at that
same contact point.
Force Majeure
You will not hold us responsible for meeting service levels outlined in this SLA to the extent any failure to do so is
caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be
excused. That writing will include the details and circumstances supporting our request for relief with clear and
convincing evidence pursuant to this provision. You will not unreasonably withhold your acceptance of such a
request.
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Updated: National City CA LSA Agreement
110620 (002)
Final Audit Report
2021-02-25
Created: 2021-02-25
By: Ruth Ann Hines (ruthann.hines@tylertech.com)
Status: Signed
Transaction ID: CBJCHBCAABAArd8RXLXGfyvURBrjOoNHsystpCj9M6Ym
"Updated: National City CA LSA Agreement 110620 (002)" Hist
ory
Document created by Ruth Ann Hines (ruthann.hines@tylertech.com)
2021-02-25 - 8:48:58 PM GMT- IP address: 68.40.141.227
Document emailed to Bryan Proctor (bryan.proctor@tylertech.com) for signature
2021-02-25 - 8:50:53 PM GMT
Email viewed by Bryan Proctor (bryan.proctor@tylertech.com)
2021-02-25 - 8:55:07 PM GMT- IP address: 166.216.159.232
6''a Document e-signed by Bryan Proctor (bryan.proctor@tylertech.com)
Signature Date: 2021-02-25 - 8:56:05 PM GMT - Time Source: server- IP address: 166.216.159.232
0 Agreement completed.
2021-02-25 - 8:56:05 PM GMT
El Adobe Sign
3. Acceptance Certificate.
4. Escrow Agreementtached ecuti
5. Pay Proceeds ;tier — ashed foi:iecution
6. Tax CertificT; ached'
7. Incumbency Ce
8. A xpval of Gov
[LESSEE]
Lease Purchase Financing
[Closing Date)
Closing Documents
1. Master Lease Purchase Agreement--- attac
2. Lease Schedule No. 1 — attached for exec
a. Equipment Description
it execution
b. Payment Schedule — per to avoid a pial rate adjustment, all
closing documents must irr „turned by
re use
appitoo e:
for SO/Title application — Lessee to provide prior to any disbursement
enholder: BciCapital, Inc.
Address: 390 N. Orange Ave., Ste. 2600, Orlando, FL 32801
lion
attached for execution
of LeS';';-- Lessee to provide to closing
esse Lessee to provide prior to closing
;fee to pMide a signed copy prior to closing
orm 8038-G Lessee to file the original with the
rovide lessor with proof of mailing (post -closing)
e — Lessee to provide prior to any escrow disbursement
dor Contract Lessee to provide fully -executed version prior to any disbursement
Payment/Performance Bond — Lessee to provide original prior to any disbursement
Dual -obligee: BciCapital, Inc.
MASTER LEASE PURCHASE AGREEMENT
This Master Lease Purchase Agreement (this "Agreement"), dated as of , 2020, is
made andentered into by and between BeiCapital, Inc. ("Lessor"), and the , a political
subdivision of the State of ("Lessee").
In consideration of the mutual covenants herein contained, the parties hereto agree as follows:
1. LEASE OE EQUIPMENT; FUNDING
1.1, ;L.ease; Possession and Use. Lessor hereby agrees to selIe 'Sfer and lease to Lessee, and
Lessee hereby agrees to acquire, purchase and lease from Lessor theoperty described in each Lease
Schedule (defined herein) executed and delivered by Lessor and Less ti upon the terms and conditions set
forth herein, together with all attachments, additions, accession- .,>:,:; parts, ;'airs, improvements,
replacements and substitutions thereto (the "Equipment"). Each Lease exeid delivered by Lessor
and „Lessen pursuant to this Agreement shall constitute a SOlarate and indeAlent lease and_ installment
purchase of the Equipment described therein. This Agreement , not a committni nt ..byy LessoWfO enter into
any Lease and nothing in this Master Lease shall he.,conatrued f%. pose any obli 4 ;on upon Lessor to
enter into any proposed Lease. The decision whelIi C css ;" raters' : ;`;1o..any Lease is 'tivl� tin Lessor's sole
discretion. As used herein, (i) "Lease Schedul cans a se :dule sr antially,; .the form attached as
Exhibit A to this Agreement, together with all adde9 ,riders, dachment'�tr�1s and exhibits thereto,
as the same may from time to time be amo . modi dor so demented, a ft "Lease" means a Lease
Schedule each together with this Agreement e terms an >co*aims of which -are incorporatedtherein.
1.2. binding. Unless otherwise provided< t ►e appli l le Lease Schedule, in order to provide
financing to pay the costs to a,:i e and insta'he Epment s€s'orth in the applicable Lease Schedule
(the "Eltre aw P_ri€ "), Lessiii ,fsee shall ccutc uid deliver an escrow agreement relating to such
Schedule in .form and substance a d,wi cscro gent sat _actory to Lessor (an Escrow Agreement").
If all conditions set forth in Sectioisfred in full or waived, then Lessor will deposit or
cause to be deposited:irv.$ n escrow f{tnd ijnder t i4 ` t fed Escrow Agreement, or pay to Lessee an amount
(which ntay include`i On nvestmeri finings thg, on) equal to the Purchase Price for the Equipment
to be financed under thi ;el iiid . e Schecn i
of any
:n i..
Its obligations pure
t . g n s; t .;,j'unding of the Purchase Price and the performance by Lessor
to any Lase, are subject to the satisfaction or waiver of the following:
d all of the following documents, which shall be reasonably satisfactory,
,ssor .1) evidence of insurance coverage or self-insurance as required by the
se's counsel and/or bond counsel to Lessee; (3) waivers of third parties holders
where the Equipment will be located, as Lessor may deem necessary;
y Lessee's governing body, duly authorizing the Lease and the Escrow
Agreement and incumbency certificates for the person(s) executing the Lease and the Escrow Agreement;
(5) such documents and certificates as Lessor may request relating to federal tax -exemption of interest
payable under the Lease, including (without limitation) IRS Form 8038-G or 8038-GC and evidence of the
adoption of a reimbursement resolution or other official action in the event that Lessee is to be reimbursed
for expenditures that it has paid more than 60 days prior to the funding of the Purchase Price; (6) if the
Purchase Price will be paid to Lessee (or vendor(s) or supplier(s) of the Equipment on behalf of Lessee),
an acceptance certificate for the Equipment (substantially in the form attached as Exhibit B to this
Agrcemont)(an "Acceptance Certificate"), and (7) such other documents and information previously
identified by Lessor or otherwise reasonably requested by Lessor.
in form and sia a Iace t
Lease; (2) an opinion of Le
of interests in the real pro
(4) copies of resolu 1
1
(b) Lessee has executed and delivered to Lessor the Lease Schedule, its related Payment
Schedule and the related Escrow Agreement (if applicable);
(e)
no Event of Default shall have occurred and be continuing under any Lease;
(d) no material adverse change shall have occurred in the financial condition of Lessee;
(e) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens
(defined herein) other than the respective rights of Lessor and Lessee as herein provided; and
(f) all representations of Lessee in the Lease remain true, ace;te and complete.
1.A, Delivery, Installation and Acceptance of Equipment :'+ see shall order each Equipment,
v,
shall cause the Equipment to be delivered and installed at the locations speei (led tinfiithe applicable Lease
Schedule and shall pay all taxes, delivery costs and installation costs, if any ;conneetion therewith. If the
Purchase Price is deposited under an Escrow Agreement foie acquisition ae Equipment, such funds
shall be disbursed as provided therein. The insufficiency of titepds of any Le f o pay 11 costs of the
Equipment sullied thereto shall not affect Lessee's obligations `ogler this Section j hp e Equipment
described in such Lease Schedule is delivered, in (fTl i rt ccept ; Lessee shall promptly execute and
deliver to Lcsser an Acceptance Certificate for the
2. TERM
2.1. Term. The term of each Lee
forth in the applicable Lease Schedule and shall te
sooner terminated pursuant totthe;:. ease.
3, RENTAL PAYMENTS
3.1, R. yments. Le agrees < j ay the rent payments ("Rental Payments") in the
amounts and en the d ie :? each a "Payrti. ;i,.Uate") as=,specified in the Payment Schedule attached to each
Lease Schedule. A pci i3 n of? oh Rental p ent is paid as interest as specified in the Payment Schedule
for each Let ,e, All Rcn[ai Paynient ,,,ha11 be: lid to Lessor, at such places as Lessor may from time to
time desiad"by written ice t4;h..;Lessee shall pay the Rental Payments with lawful money of the
United; ' s tes of .America f'on) = k iieys legally available therefor.
") shall commence on the Lease Date set
xrnent of the all Rental Payments, unless
The obligations of Lessee, including its obligation to pay the Rental
Payments ditd in iffiy fis ei s ear all constitute a current expense of Lessee for such fiscal year and shall
not constitute an indebtedn.s ofLessee within the meaning of the Constitution and laws of the State of
(the "State",); I iIE RENTAL PAYMENTS ARE TO BE MADE ONLY FROM LESSEE'S
LEGALLY AVAIL'REVENUES APPROPRIATED ON AN ANNUAL BASIS, AND NEITHER
LESSEE, THE IE STAT1 ' 'NOR. ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE
OBLIGATED D TO PAY ANY SUMS DUE UNDER A LEASE FROM THE COMPELLED LEVY OF AD
VALOREM OR OTHER TAXES EXCEPT FROM THOSE LEGALLY AVAILABLEREVENUES
APPROPRIATED BY LESSEE ON AN ANNUAL BASIS. Nothing herein shall constitute a pledge by
Lessee of the full faith and credit or taxing power of the Lessee. The person or entity in charge of preparing
Lessee's budget will include in the budget request for each fiscal year the Rental Payments to become due
during such fiscal year, and will use all reasonable and lawful means available to secure the appropriation
of money for such fiscal year sufficient to pay all Rental Payments coming due therein. Lessor
acknowledges that appropriation for Rental Payments is a governmental function which Lessee cannot
2
%form as desired, damage or
ilescence of the Equipment; and
(e) Lessee shall be obligated to continue to make payments required' s ti,by this 4 reement if title to, or
temporary use of, the Equipment or any part thereof shall be taken undeNercis f the power of eminent
dornain.
contractually commit itself in advance to perform. Lessee reasonably believes that moneys in an amount
sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit
Lessee's continued utilization of the Equipment in the performance of its essential functions during the
applicable Lease Terms.
3.3. Unconditional Rental Payments. Subject to Section 3.4 hereof: (a) Lessee's obligation to
make Rental Payments and any other payments hereunder shall be absolute and unconditional; (b) Lessee
shall make these payments when due and shall not withhold any of these payments pending final resolution
of any disputes; (c) Lessee shall not assert any right of set-off or counterclaim against its obligation to make
these payments; (d) Lessee's obligation to make Rental Payments or othetwayments shall not be abated
through accident, unforeseen circumstances, failure of the Equipment
destruction to the Equipment, loss of possession of the Equipment or,;q
come due if the Lease had not bean Ecnn fni ed
Lessee fails to coin vwith Lessor, s
h actions tru i
Lessee's failuWin tt�� it TLquire
escrow agent who is)�d` (Needsof lit L
and
there(3`:',; o es• i`
3,4, Nonappropriation. If during the then current f aj,.year of Lessee t ,ficien ; nds are not
appropriated to make Rental Payments required un .era Lease fOigthe following fig °y , (an "Event of
Nufappropriahio ), Lessee shall be deemed not to ve rd19; , ed sit ,ease for the folio w ng fiscal year,
and the LOBO shall terminate at the end of the thingurrent fise . year, ankessees 111 not be obligated to
make Recital Payments under the Lease beyond th :hen curterit fiscal f Uhich funds have been
appropriated. Upon an Event of Nonappri ,tion, Le"s ;e ,sh4ail...;eturn the Eq. €gent subject to the Lease
to Lessor in accordance with the require i : nt c f Seca:St . Lessee shall notify Lessor in writing no
later than 30 days following an Event of 1papgpriatio but failure to provide such notice shall not
operate to extend the Lease Term. If Lessee"f Is kigtOtum the".I pticable Equipment or otherwise comply
with Scotian 11,3, the termin, t ni,shall nevertt 1ess''15,0 ffectiveg but Lessee shall be responsible for the
payment of dumages in an antthini e u 1 to the 01.):ounfeit4c, Rental Payments that would thereafter have
and:;^ zbich ard;;I)tributable to the number of days after which
.for any other loss suffered by Lessor as a result of
ition, Lessor may, by written instructions to any
ease, iliuct such escrow agent to release all such proceeds
any g p.earnings
rity Intel. A?'irel tik1„' Lessee's obligations to pay all Rental Payments and all
other a -Au due and a a l s i ler eachLease and toperform and observe all covenants,agreements and
l p Y :;::::: • g
conditii f ioe xa ,irect, solute or contingent, due or to become due or existing or hereafter arising)
of Lessee tt '` ii, e Le $ee hereby grants to Lessor a first priority, security interest in any and all
of the Equipment (now exi ti g oV hereafter acquired) under each Lease, moneys and investments held from
time to time the Escrow ad under each Escrow Agreement and any and all proceeds of any of the
foregoing, Lessee agrees;,;xecute and deliver to Lessor all necessary documents to evidence and perfect
such security interesratiatiding, without limitation, Uniform Commercial Code financing statements and
any amendments thereto and certificates of title or certificates of origin (or applications thereof) noting
Lessor's interest thereon.
4. PURCHASE AND PREPAYMENT
4.1. End of Lease Term. Lessee shall have the option to purchase all of the Equipment
under a Lease upon the expiration of the Lease Term and payment in full of all Rental Payments then due
and all other amounts then owing under the Lease, and the payment of $1.00 to Lessor,
3
4.2. Optional Prepayment. Lessee shall have the option to prepay its obligations under any
Lease in whole but not in part on any Payment Date as set forth in the applicable Payment Schedule , but
only if and to the extent the Lease Schedule provides for such prepayment. Lessee shall give written notice
to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on
which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount
equal to all Rental Payments and any other amounts then due or past due under such Lease, including the
Rental Payment due on the Payment Date on which the option shall be effective, and the applicable
Prepayment Price set forth in the applicable Payment Schedule (the "Prepayment Price").
4.3, E tceisProceeds. Lessee's obligations under a Lease shall; be prepaid in part from the
excess proceeds of the Lease on the terms set forth in any Escrow Agree : fnt pursuant to which proceeds
of the Lease are being held.
4.4. Release of Lessor's Interest. Upon timely receipt, in i 1 ecte 'nds,
required for the purchase of the Equipment subject to any Lease pursuant ta:-t 4.1 or theof all prepaymentamounts
in whole of any Lease pursuant to Section 4.2, such Leaseall terminate, a=;lessor's right, title and
interest in and to the Equipment shall terminate, and Lessor sMlt eliver to Lesse'ell,...suc!). OOJimeuts and
instruments as Lessee may reasonably request to evidetle a;the term tiation of the Leagi ; d L ssor s interest
in the Equipment, without warranty by or recours,#
5. REPRESENTATION, WARRANTIES AND COVEN
5.1. Representations and Wartatillts. Lem all be deemed to make the following
representations and warranties to Lessor wit i xe et to eaok Lease, in each case as of the Lease Date for
such Lease.
(a) Lessee is a staleor ;itical sub Lyision e Stale within the meaning of Section 103(c)
of the Internal Revenue Code o 6. ; ;:r mend : the C de"), duly organized and existing under the
Constitution and laws of the State; id,,,is au nder the Constitution and laws of the State to enter
into this Agreement ease and thelr saction i itemplated hereby and thereby, and to perform all of
its obligations under 7ia$'` pent and tLease
The ex . tion ar i very d 4is Agreement and the Lease Schedule have been duly
authors$ . y all neeessai sect f ee,,s governing body and such action is in compliance with all
public' lding and other Stf d federalaws applicable to this Agreement and the acquisition and
financing of the E luent h;';rI.essee.
(e) 1`his Agrtkey, l;. eiiiind the Lease Schedule have been duly executed and delivered by and
constitute the valid and bin fig obligations of Lessee, enforceable against Lessee in accordance with their
respective terms.
(d) The execution, delivery and performance of this Agreement and the Lease Schedule by
Lessee does not (i) violate any State or federal law or local law or ordinance, or any order, writ, injunction,
decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict
with or result in the breach or violation of any term or provision of, or constitute a default under, anynote,
bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound.
(e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity,
before or by any court, regulatory agency, public board or body pending or, to the best of Lessee's
knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this
4
Agreement or the Lease Schedule or any other action wherein an unfavorable ruling or finding would
adversely affect the enforceability of this Agreement or the Lease Schedule.
CO Lessee or Lessee's governing body has appropriated and/or taken other lawful actions
necessary to provide moneys sufficient to pay all Rental Payments during the current fiscal year, and such
moneys will be applied in payment of all Rental Payments due and payable during such current fiscal year.
(g) Lessee has an immediate need for, and expects to make immediate use of, the Equipment,
which needIs not temporary or expected to diminish during the applicable Lease Term.
5.2. Tax Co mints.
(a) Lessee covenants and agrees that it will (i) compl"and timely file an information
reporting return with the Internal Revenue Service ("IRS") in accordand6 t r See 149(e) of the Code;
(ii) not permit the Equipment to be directly or indirectly used for a private h` ' 00tise within the meaning
of Section 141 of the Code including, without limitation, 'i sc;;.,by private pei' :i s or entities,,,pursuant to
contractual arrangements which do not satisfy IRS guidelines''% Termitted man ment cg ;t acts, as the
same may be amended from time to time; (iii) invest „a d.reinvest''1 ojieys on deposit ii the. escrow fund
related to each Lease from time to time in a mannnot Ca such Lease tb i'elassified as an
"arbitrage bond" within the meaning of Section (a) of thet vde; (' rebate an,; ,ount equal to excess
earnings in any such escrow fund to the federal got ;r'Jment if cuired by ha dinaccordance with, Section
148(f) of the Code and make the determiil(tQns an>aintat. the records ha fired by the Code; and (v)
comply with fill provisions and regulations jcable to es bushing and maintaining the excludability of
the interest component of the Rental Payments Wider each ase from federal gross income pursuant to
Section 103 of the Code.
(b) If Lessor eitI cr yes notic in any ?m, fronfthe IRS; or (ii) reasonably determines,
based on an opinion of independ tax ounsel sere ted h3 1 sor that Lessor may not exclude the interest
component of any Rental Payment dialer a :i s ,->m federal gross income, then Lessee shall pay to
Lessor, within du rt x 0),.days after aSpg.notifies ee of such determination, the amount which, with
respect to Rental .Payfr nit { y ously paid ; d taking iri o account all penalties, fines, interest and additions
to tax (including all fedu al, s ;and local t ,imposed on the interest component of all Rental Payments
under th0.40$0 due thro b the d ;o such ev , it) that are imposed on Lessor as a result of the loss of the
excluslO i3' vill restore tci'. .,:<• e saflO after tax yield on the transaction evidenced by such Lease
(assurrting tax at the highest n inaI corporate tax rate) that it would have realized had the exclusion not
been loi.. daid • A.4.1 Less agrees that upon the occurrence of such an event, it shall pay additional
rent to Les ` ccec li ;Rental Payment due date in such amount as will maintain such after tax
yield to Lessor. Lessor's `CdermiNition of the amount necessary to maintain its after-tax yieldas provided
in this subsection (b) shall Ii4onclusive (absent manifest error).
6. INSURANCE; CAW F Y AND CONDEMNATION
6.1., Liability and Property Insurance. Lessee shall, at its own expense, procure and maintain
continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons,
or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor
and its assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless
specified differently in the related Lease Schedule, and (b) insurance against such hazards as Lessor may
require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the
greater of the full replacement cost of the Equipment or the applicable Prepayment Price.
5
Equipment. Lessee shall have sole responsibility to<i
(or in the ease of Equipment constituting motor eles, h& ti the
the related Lease Schedule; provided that Lessee`i y.chan
(or housed) with thirty (30) days prior written notiCa:4 es
Lessee shall provide Lessor access at al1::onable`:i
provide Lessor with such access to the Equt t as ma
on the Equipment in the event of failure `;ly + ee to
reasonably determines that Lessee is not mainlitiging..
Lessor may (in addition to rt►y'ot�xremedied f ma
contracts for such Equipment In; � : ppr ve
essor.
go•th Iocati
sot. ecifying
6.2. Insurance Requirements. All insurance policies required by Section 6.1 shall be taken out
and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30)
days prior to any change in the coverage (including cancellation) the insurer must provide written notice to
the insured parties. No insurance shall be subject to any co-insurance clause. Each liability insurance
policy shall be endorsed to name Lessor and its assigns as an additional insured party and each casualty and
property insul'anee policy shall be endorsed to name Lessor and its assigns as loss payee, in each case
regardless of any breach of warranty or other act or omission of Lessee. Lessee may self -insure against the
risk described in Section 6.1 with the prior written consent of Lessor.
7, ADDITIONAL OBLIGATIONS
7.1. Use_ and Maintenance of Equipment. Lessee shall,
Equipment in good condition and proper working order, and shi
replacements to keep the Equipment in such condition. The Equipmen
purpose of performing Lessee's essential governmental functions. Lessee
maintain the Equipment improperly, carelessly, in violation .Rimy manufactu
of any applicable law or regulation or in a manner contrary to'ai•.contemplated`
shall obtain and maintain all permits and licenses necessary i~;the installation:,va�
fh 'il
tin and 'rc ;a r the Equipmetx;
own expense, maintain the
;make all necessary repairs and
be usq;;:kiy Lessee only forthe
install, use, operate or
uidelines or in violation
is Agree1;11ent. Lessee
oration of the
see shall keep
dress specified in
y Equipment is kept
thNieSs of the new location.
,'examine and'°inspect the Equipment and
'asonably necessary to perform maintenance
p —form its obligations hereunder. If Lessor
khe'> t pment in accordance with this Section,
regirtre Lessee to enter into maintenance
:::with approved providers.
ment at She a
7,2. I ,Lessee shalt "'`°p _ all t s t lessments and other charges which are assessed or
leviedd against the E i t;or any pai'1.1 iereof, during the Lease Term, whether assessed against Lessee
or Lessor, With respecl'to arty fixes or changes that may lawfully be paid in installments over a period of
5 l }
years, Lessee, shall be d ;lgated io pay only suieh installments as accrue during the then current fiscal year
of the Lo 'f``ertn for su
affix or ftt
impair the o
Equipment. Lessee will not, without the prior written consent of Lessor,
ment or device on any of the .Equipment if such addition will change or
e, function or use of the Equipment.
7.4. Liens. Les e shall not, directly or indirectly, create, incur, assume or suffer to exist any
mortgage, pledge, lieu,;eh,e, encumbrance or other claim with respect to the Equipment (each, a "Lien"),
other than the respect re `i`ights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own
expense, take such actions as may be necessary duly to discharge or remove any such claim if the same
shall arise at any time.
7.5. Financial Information. Lessee shall deliver to Lessor (i) its annual audited financial
statements within 210 days after the end of each fiscal year, (ii) its annual budget the each fiscal year
promptly following approval thereof, and (iii) such other financial statements and information relating to
the ability of Lessee to satisfy its obligations under this Agreement and the Lease as may be reasonably
requested by Lessor from time to time.
6
S. TITLE; NO WARRANTIES BY LESSOR
8.1, Title. During the Lease Term, legal title to all Equipment shall be in Lessee, subject to
Lessor's interests under the applicable Lease Schedule and this Agreement. Upon an Event of Default or
an Event of Nonappropriation, title shall immediately vest in Lessor, free and clear of any right, title or
interest of Lessee.
8.2. Psgrscaal Property. The Equipment is and shall at all times be and remain personal property
and not fixtures.
8.3, iSto Warranties. LESSEE ACQUIRES AND LEASES. „HE EQUIPMENT UNDER
EACH LEASE "AS IS." LESSEE ACKNOWLEDGES THAT LES TDID NOT MANUFACTURE
THE EQUIPMENT UNDER ANY LEASE. LESSOR DS NOT REPRESENT THE
MANUFACTURER, SUPPLIER, OWNER OR DEALER, Al,; ESSE:., SELECTED THE
EQUIPMENT EASED UPON LESSEE'S OWN JUDGMENT. LESSOT 'NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES %,MERCHANT? f ITY OR FITNESS FOR
A PARTICULAR PURPOSE OR OTHERWISE OR AS ' (' `HE EQUIPME j" 'S \'AL U ,,DESIGN,
CONDITION, USE, CAPACITY OR DURABILITY,.,LESS•L'' ',,,,AGREES TIIAl";r�2EDLESS OF
CAUSE, LESSOR IS NOT RESPONSIBLE FORS .1) ,ESS TWILL NOT ;• :'"ANY CLAIM
AGAINST LESSOR FOR, ANY DAMAGES, Wi THER:' VSEQU 1 NTIAL, DIRECT, SPECIAL OR
INDIRECT INCURRED BY LESSEE IN CONNI4cTION ` TH Ti Q1 1 NT UNDER ANY
LEASE. NEITHER THE MANUFACTU.R R, grit : ,JER OR DEALEI NOS ANY SALESPERSON,
EMPLOYEE OR AGENT OF THE { UF'ACTO,,, , >7PPLIER OR= DEALER IS LESSOR'S
AGENT OR HAS ANY AUTHORITY TOE ? 1 OR 1 S OR OR TO BIND LESSOR IN ANY WAY.
For and during the Lease Term under each liaie,` # Nsor assign o Lessee any manufacturer's or Supplier's
product warranties, express or j plied, applic2i ,e to a Equipm n`t.,and Lessor authorizes Lessee to obtain
the customary services furiu hcd 1 onnection;.: vrth 4E,, , warranties at Lessee's sole expense. Lessee
agrees that (a) all Equipment w' aV 's ' a urcf1 3 d by`1' ' ;or for the benefit of the Lessee in accordance
with Lessee's specifications from`` :u 11014J ie y LesS6 (b) Lessor is not a manufacturer or dealer
of any Equipment 44d as no liability: ' the c et r installation of any Equipment, (c) Lessor assumes
no obligation with r pLet;o any maif4 eturer's rsry u pplier's product warranties or guaranties, (d) no
manufacturer or Supplier o f Y .;represent Re of said parties is an agent of Lessor, (e) any warranty,
representat, on, guaranty 0r agree Yi' ntzrtade a ny manufacturer or supplier or any representative of said
parties stightbt be bindtruponG sti ` :, d (fi 'the Lessor shall cause the supplier to identify the Lessee
as an !t ided beneficiary'o Ii rranty,1 .any.
damage or destruction of a..
Equipment shall relieve -
obligation under any':
under this Section 9.
hetween Lessee and Lessor, Lessee bears the entire risk of loss, theft,
Equipment in whole or in part for any reason whatsoever. No loss to any
e from the obligation to make any Rental Payments or to perform any other
Proceeds of any insurance recovery will be applied to Lessee's obligations
9.2. Notice of Loss. If a casualty occurs to any Equipment, Lessee shall immediately notify
Lessor of the same and Lessee shall, unless otherwise directed by Lessor, immediately repair thesame.
9.3. Application of Proceeds. If Lessor determines that any item of Equipment has suffered a
casualty loss is beyond repair, then Lessee shall either: (a) immediately replace such Equipment with
similar equipment in good repair, condition and working order free and clear of any liens and deliver to
Lessor a purchase order, bill of sale or other evidence of sale to Lessee covering the replacement equipment,
7
in which event such replacement equipment shall automatically be Equipment under the applicable Lease,
or (b) on the next scheduled Payment Date, pay Lessor (i) all amounts owed by Lessee under the applicable
Lease, including the Rental Payment due on such date, plus (ii) an amount equal to the applicable
Prepayment Price set forth in the Payment Schedule to the applicable Lease. If Lessee is making such
payment with respect to less than all of the Equipment under a Lease, then Lessor will provide Lessee with
the pro rata amount of the Prepayment Price to be paid by Lessee with respect to the such Equipment.
9,4, Claims and Expenses. Lessee shall bear the risk of loss for, shall pay directly and shall
defend against any and all claims, liabilities, proceedings, actions, expenses (including reasonable
attorney's fees), damages or tosses arising under or related to any Equipment, including, but not limited to,
the possession, ownership, lease, use or operation thereof These obligs of Lessee shall survive any
expiration or termination of any Lease. Lessee shall not bear the risk j:l'oss of, nor pay for, any claims,
liabilities, proceedings, actions, expenses (including attorney's fees), clges or losses which arise directly
from events occurring after any Equipment has been returned by Lessee essa' accordance with the
terms of the applicable Lease or which arise directly from the gross negli t : or willful misconduct of
Lessor.
10. ASSIGNMENT
10.1. Assignment by Lessor. Lessor r Issign'i`Ahts' and interest in'and to any Lease,
any Equipment or any Escrow Agreement (inclnodtn the esc w fund"1 reundpr grand/or may grant or
assign a security interest in any Lease, its 1 uipment i any Es w Agreeifi , j luding the escrow fund
thereunder), in whole or in part, to any pa any thtf4 6m time to tt is Without Lessee's consent.
Any such assignee or lien holder (an "Assi `` ')shall hay i of the rights of Lessor under the applicable
Lease and Escrow Agreement. LESSEE AGJ S IOT TO ERT AGAINST ANY ASSIGNEE ANY
CLAIMS, ABATEMENTS, S TOFFS, COUNTEOPIAI11h KECOUPMENT OR ANY OTHER
SIMILAR DEFENSES WHI ;::';:` t•EE MATAVE<AINS I`ESSOR. Unless otherwise agreed by
Lessee in writing, any such ass i xtl saction all net f ease Lessor from any of Lessor's obligations
under the applicable Lease. An assipmetrf off, reasstnment of any of Lessor's right, title or interest in a
Lease, its Equipii )ts?r any Escr v ; Agreei ; I ncluding the Escrow Fund thereunder) shall be
enforceable against I' ; se t}ly after Les ,receivei written notice of assignment that discloses the name
and address of each . 4cli'{'hj> nee. Lei',. shall keep a complete and accurate record of all such
assignmen ,in the Oa, nece to conic i with Section 149(a) of the Code. Lessee agrees to
acknow iiin writing aft :such: aTiients if o requested.
2, ssignmenY' f Subleasing by Lessee. Neither this Agreement nor any Lease or any
Equipm;:1 ;led, 4u:1eased, sold, transferred, pledged or mortgaged byLessee.
11, EVENTS OF DEFAULT; IV1E 1l S
11,1 . :Events oault Defined. The occurrence of any of the following events with respect to
a Lease shall constitiikkk:ai vent of Default under the Lease:
(a) Lessee's failure to pay any Rental Payment or other amount required to be paid to Lessor
under the Lease within ten (10) days following the due date thereof, other than by reason of an Event of
Nonappropriation;
(b) Lessee fails to perform or observe any of its obligations under Section b, 7.4 or 10.2 hereof;
(e) With the exception of the above clauses (a) or (b), Lessee's failure to perform or abide by
any condition, agreement or covenant with respect to the Lease for a period of thirty (30) days after written
8
notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall
agree in writing to an extension of time prior to its expiration;
(d) Lessee shall be in default with respect to the payment or performance of any indebtedness,
liability or obligation to Lessor or any of its affiliates under any note, loan agreement, security agreement,
lease, title retention or conditional sales agreement or any other instrument or agreement (including the
occurrence of any Event of Default under any other Lease then held by Lessor), whether accelerated or
otherwise and any applicable grace period with respect thereto has expired;
(®) any statement, representation or warranty made by Less in the Lease or in any writing
delivered by Lessee pursuant thereto or in connection therewith prOW at any time to have been false,
misleading or erroneous in any material respect as of the time when m:,or
(i) Lessee applies for or consents to the appointment of a rece' r, trustee, conservator or
liquidator of Lessee or of all or a substantial part of its assets; s : ,petition for re l ii filed by_Lessee under
any federal or state bankruptcy, insolvency, moratorium or sin ilar;;1aw.
11,2, Remedies on Default. Upon the .o:: aiti`xencc ny EV . ,;of Default with respect to a Lease,
Lessor shall have the right, at its option and witfi # any furthe :deman,:;.notiqp.30iOne or more or all of
the following remedies with respect to the Lease:
(a) Lessor, with or without to
udder the Lease to the end of the then-curre
Lessee, whereupon such Rental Payments sha„•
(b) Lessor may re { ( s e to promptly relui:n all Equipment to Lessor in the manner set
forth in Section 11,1 (and Lessee reesukh t;sha o returi to Equipment), or Lessor may, at its option,
enter upon the pre ices where any='l u pmei t. red and repossess such Equipment without demand,
without a.ny court 6( Ct r:;.other proce # f law an cl3t ri hout liability for any damage occasioned by such
repossession, and L;pr' 6 ir ibereaftee *pose of the Equipment. If Lessor terminates the Lease and
disposes of any or all er e I i u'i j t, Lesser Hall apply the proceeds of any such disposition to pay the
.followingaiMs In the following or : (i) all diets and expenses (including, but not limited to, attorneys'
fees) inei,i red iii sccuring'15304o a of heIquipment; (ii) all costs and expenses incurred in completing
the d.i c1Sition of the Equi ll e t; (iii) any sales or transfer taxes incurred in the disposition of the
.EquipnieN;, v) any Reptal Pa gents payable under the Lease to the end of the then -current fiscal year of
Lessee, (v) to .o.utStanding,prinopal component of Rental Payments under the Lease; and (vi) any other
amounts their due tinder iiiCILea.§k Any disposition proceeds remaining after the requirements of clauses
(i), (ii), (iii), (iv), (v) and (vi)y lave been met shall be paid to Lessee. No deficiency shall be allowed against
Lessee, except with .r .s1fo any unpaid Rental Payments to the end of the then -current fiscal year of
Lessee and unpaid cos `'and expenses incurred by Lessor in connection with the repossession and
disposition of the Equipment.
(e) By written notice to any escrow agent that is holding proceeds of the Lease under an
Escrow Agreement, Lessor may instruct such escrow agent to release all such proceeds and any earnings
thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Lease; or
(d) Lessor may exercise any other remedy available, at law or in equity, with respect to such
Event of Def"kttlt, Lessee shall pay the reasonable attorneys' fees and expenses incurred by Lessor in
exercising any remedy hereunder.
may declare all Rental Payments payable
ssee to be immediately due and payable by
e and payable.
9
11.3, Return of Equipment; Release of Lessee's Interest. Upon termination of any Lease prior
to the payment of all Rental Payments or the applicable Prepayment Price (whether as result of an Event of
Nonapprepriation or Event of Default) thereunder, Lessee shall, within ten (10) days after such termination,
at its own expense: (a) perform any testing and repairs required to place the related Equipment in the
condition required by Section 7; (b) if deinstallation, disassembly or crating is required, cause such
Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or
such other service person as is satisfactory to Lessor; (c) return such Equipment to a location in the
continental United States specified by Lessor, freight and insurance prepaid by Lessee; and (d) comply with
any additional return conditions specified in the Lease Schedule. Lessee shall execute and deliver to Lessor
such documents as Lessor may request to evidence the passage of legal tit e:.and ownership to Lessor and
termination of Lessee's interest in the Equipment.
With respect to any provision of the Agreement requiring Lessee 10 return all or any portion of the
Equipment to Lessor or to transfer title to all or any portion of the equip'ii'ri nt to. s'sor, Lessee agrees to
voluntarily do so. In the event that Lessee fails or refuses to return or transfer(lti uipment or title thereto
voluntarily as set forth above, Lessor acknowledges that the , eement does not and shall not c 'eate a right
in Lessor to involuntarily dispossess Lessee of title to or posses,p of all or any trof tine'uipment. .
11,4. Late Charge. To the extent permrlxt ' y ,eable`'I .Lessee shall j i Lessor a charge
on any Rental Payment not paid on the date sueIi, yment is. tat a ratr equal to:.t c interest rate set forth
in the applicable Lease Schedule plus 5% per annu*:L,the mar mum amp nt; cr tiled by law, whichever
is less the "Default Rate"), from such da
11.5. No Remedy Exclusive. Eacil::;of •9 right's'''. :remedies under this Agreement and each
Lease is cumulative and may be enforcedseparately:;•• or coi frr'ently. No course of dealing or conduct
6etwcen lessor and Lessee stl b effective for tnemi2l odify or nge any provisions of this Agreement
Or any Lean, No failure or cl ` y e ,sor to it st upon4 e strict performance of any term, covenant or
agreement of the Agreement or Lea nr to exercise r vright, power or remedy consequent upon a
breach thereof, shall„constitute a wnlver, of anv suc[tberm, covenant or agreement or of any such breach, or
preclude Lessor frottx3 ising any gitOI ;right; j zi r remedy at any later time ortimes.
11.6, Costs.'itncl At o y ' Fees:` _on the occurrence of an Event of Default, Lessee agrees to
pay to Ltor reimbii';s,Lessoi';•p addil to all other amounts payable hereunder, all of Lessor's
costs o ileetion, includffi$ reagf a e att i n ys' fees, whether or not suit or action is filed thereon. Any
such cu shall be immedial<ldte and payable upon written notice and demand given to Lessee, shall be
secured` ltls AgJCJ11L11L uat l paid, and shall bear interest at the Default Rate. In the event suit or action
is Instltutr d to ;;terms of this Agreement, the prevailing party shall be entitled to recover
from the other Marty such' imu aSitie court may adjudge reasonable as attorneys' fees at trial and on appeal
of such suit or action or in : ` ` bankruptcy proceeding, in addition to all other sumsprovided bylaw.
P Y P g,
12. MISCELLANEOUS'
IRONS
1 2,1, Notices. All written notices to be given under this Agreement shall be given (a) personally,
(b) by mail in registered or certified form, with postage prepaid, or (e) by overnight courier, charges prepaid,
in each ease to the party entitled thereto at its address specified beneath each party's signature, or at such
address as the party may provide to the other parties hereto in writing from time to time, and to any assignee
at its address as it appears on the registration books maintained by Lessee. Any such notice shall be deemed
to have been received 72 hours after deposit in the United States mail, 24 hours after deposit with a courier,
or, if given by other means, when delivered.
I0
12.2. Binding Effect. This Agreement and each Lease hereunder shall be binding upon and shall
inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, asused
herein the term "Lessor" means, with respect to a Lease, any person or entity to whom Lessor has assigned
its right to receive Rental Payments under such Lease.
12,3, Seswtbility. In the event any provision of this Agreement or any Lease shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
12.4. Wire Agreement Amendments. Each Lease constitutes the; ntire agreement of the parties
with respect to the subject matter thereof and supersedes all prior ,; d contemporaneous writings,
understandings, agreements, solicitation documents and representatir x express or implied. Each Lease
may be amended or modified only by written documents duly authoriz xecuted and delivered by Lessor
and Lessee.
12.5. Captions. The captions or headings in thisAgreement are for co venience only and in no
way define, limit or describe the scope or intent of any provisikii:;Articles, Sectio i or clauiesIiereof.
12.6. Further Assurances and Corrective. In t► ; uts, Le or and Lessee agree that they will,
from time to time, execute, acknowledge and deli or causeexeejed, ackn . i,edged and delivered
ents, ,
1 � I 1 1
such supplements hereto and such further instrumas mays easonably refitcd, to perfect, confirm,
establish, reestablish, continue or complete the interest of Lessor in this . greeinent and each Lease, to
consummate the transactions contemplate h and tW' .,,sand to carry out the purposes and intentions
of this Agreement and each Lease.
12.7. Governing L t i>; leis Agreeni
the laws of the State,
by and construed in accordance with
12,8, Usury. It is the into ,ion of e par k s hereto' to comply with any applicable usury laws;
accordingly, it is .; '..
cthat, not�vitliitit,nding'iixovisions to the contrary herein or in any Lease
Schedule, in no event •sli this Agree ixii tit, or any •`Lise hereunder require the payment or permit the
collection of interest t 'any'`'a . u t in the^= hture of interest or fees in excess of the maximum amount
pertrtitie byf . plieablc'' w. xcessi interest or fees shall first be applied to reduce principal, and
when r� r►d pal remains efurld( to Lq ee. In determining whether the interest paid or payable exceeds
the hi g st lawful rate, the'Mount of rinterest shall be spread through the applicable Lease Term so
that the rest is itrti prm tlii ough such term.
12.9. iaiver 0xlY'p011. To the extent permitted by applicable law, Lessor and Lessee hereby
waive any right to trial by ja in any action or proceeding with respect to, in connection with or arising out
of this Agreement.
12410. USA Patriot Act Compliance Notification. Lessor hereby notifies Lessee that pursuant to
the requirements of the USA PATRIOT Act (the "Patriot Act"), it is required to obtain, verify and record
information that identifies Lessee, which information includes the name and address of Lessee and other
information that will allow Lessor to identify Lessor in accordance with the Patriot Act. Lessee shall,
promptly upon Lessor's request, provide all documentation and other information that Lessor requests in
order to comply with its ongoing obligations under applicable "know your customer" and anti -money
laundering rules and regulations, including the Patriot Act.
11
12.11. Relationship of Parties. Lessee acknowledges and agrees that (i) this Agreement and each
Lease and the transactions related thereto is an arm's-length commercial transaction between Lessor and
Lessee (ii) in connection therewith and with the discussions, undertakings, and procedures leading up to
the consummation of this transaction, Lessor is and has been acting solely as a principal and is not acting
as the agent, advisor or fiduciary of Lessee, (iii) Lessor has not assumed an advisory or fiduciary
responsibility in favor of Lessee with respect to the transactions contemplated hereby or the discussions,
undertakings, and procedures leading thereto (regardless of whether Lessor or any affiliate thereof has
provided other services or is currently providing other services to Lessee on other matters) and Lessor has
no obligation to Lessee with respect to the transactions contemplated hereby except the obligations
expressly set forth in this Agreement and any Lease, and (iv) Lessee has consulted its own legal, financial,
and other advisors to the extent it has deemed appropriate.
12.12. Fling of Leases. Lessee shall not file or sub r ermit the filing or submission, of all
or any portion this Agreement or any Lease, any document e;,1 'ted o ,this Agreement or any Lease, any
default, event of acceleration, termination event, waiy,ek:rt odificatid • terms or other similar events
relating to this Agreement or any Lease or any sure r` cif the foregoii ;with the Municipal Securities
T'� 5
kulemaking Board ("MSRB") (or any successor.,;:,t;tte' MSRB or similar''ejtty or service) unless such
document or portion thereof has been provided t ';e,Lessor in advance for r ,w and redaction to the
extent required by the Lessor and otherwise permittct ,lnder appliea, le MSRB rule or federal securities
law, if any. Lessor is not responsible for the Lessee's of-v.n oth aity's compliant 0 any continuing
disclosure obligations under any appiieab ;ecurities law or!ric) t agreement or undefraking.
12.13. Counterparts. This Agrees x? n
of counterparts, each of which shall be an`'o
hereto were upon the sanie:ios went, and
shall not be necessary to e :Q ecount fob:
Lease S't i ales may be executed in any number
he same..isct as if the signatures thereto and
his Agent and any Lease Schedules it
coup part.
12.14, Blectrolfi _, ignature . he parties:? e that the electronic signature of a party to this
Agreement and any Lease , cdule.shill be as valid , an original signature of such party and shall be
effective to bin d. such party`` ii t ( nt and ` .. Lease Schedule(s). The parties agree that any
electronica i ; ...4 went ` img tgum .n nd any Lease Schedule) shall be deemed (i) to
be g°w0A, , : '`ors "in w 4i i " (ii)`y i ye been"s f ;ed and (iii) to constitute a record established and
maintalt rt the ordinary eo se of tiOness and an 'original written record when printed from electronic
files. Sue or copies or pl?:touts' , i.#introduced as evidence in any judicial, arbitral, mediation or
administrative"` oeeeding, will l.t dmissibk between the parties to the same extent and under the same
conditions as oil: i'original busui records Created and maintained in documentary form. Neither party
shall contest the adlpi•sibility of tr`;e land accurate copies of electronically signed documents on the basis
Tying the business records exception to the hearsayrule. For purposes
a# the beat evidence rix�4��� as not s�t"fy' g p � p P
hereof, "electronic sign ''te" fiS a manually signed original signature that is then transmitted by
electronic trteans; "transmitlectronic means" means sent in the form of a facsimile or sent via the
interact as a "pdi (portable document format) or other replicating image attached to an e mail message;
and, "electronically signed document" means a document transmitted by electronic means and containing,
or to which there is affixed, an electronic signature.
[The remainder of this page is intentionally blank. Signature page follows.]
12
IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name
by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly
authorized oileer,
Lessee
BCICAPITAL, INC.
Lessor
By: By:
Name: Name:
Title: Title:
Address: Address: 390 N. Orange Ave., Suite 2600
Orlando, FL 32801
.Attention: Attn: Michael Powers
Senior Vice President
Telephone:
&-mall address:
Telephone: (410) 458-5747
E-mail address: mike.powers@beicmg.com
[Signature Page to Master Lease Purchase Agreement:
EXHIBIT A
LEASE SCHEDULE NO. _
to Master Lease Purchase Agreement
Dated [DATE]
This L Cake Schedule (this "Lease Schedule") relates to the Master Lease Purchase Agreement dated
as of [DATE] (the `Agreement") between the undersigned Lessor and Lessee, together with the terms and
eondltion..s of the Agreement incorporated herein by reference, constitutes, a Lease. Unless otherwise
defined herein, capitalized terms will have the same meaning ascribed t >::' in m the Agreement. All terms
and conditions of the Agreement are incorporated herein by reference
1. : quipnentDescription. As used in the Lease, "Equipment" meafii :1 i1 q 'property described in
Exhibit 1 attached to this Lease Schedule and all attachments, additb ccessions, parts, repairs,
improvements, replacements and substitutions thereti
2. r.reilase...Price. The Purchase Price for the
in the Escrow Fund established pursuail
among Lessor, Lessee and City National
3. ;o ni MMyrients; Lease Term. `t
Date of this Lease and the Lease T`hI
to this Lease Schedule as Exhibit 2.
ent'l ;;;, which moil , be deposited
tr Esc 3 , Agreement dated as of [DATE]
as eSeiWa.genl.z ;.
15 be paid byr see to Lessor, the Lease
set forth on the Payment Schedule attached
4. Eisential Use; Currei0r i rt of Les Les s epresen# ;:;that (a) the use of the Equipment is
essential to Lessee's li per§, ficient L1 A econ i.e functioning or to the services that Lessee
provides to its Citizens, (b) t h .) q % pent wlii be use ,}by Lessee only for the purpose of performing
its govbrnn ntal or proprietay juncttd: ec istent with the permissible scope of its authority and
} ylnit
will not bd. . a trade or: srness o v ' person or entity, and (c) the useful life of the
Equipment 1 11et) 4 t$tan the staff, full Least' Term of this Lease. Lessee has determined that a
present need e r` is fotquipmeii(::hich need is not temporary or expected to diminish in the
.n t gdture. Les : curren ? trends finghe full Lease Term: to use the Equipment; and to continue
LL* s Lease.
5. i �ptk�tt�txry�Wareff.p.vties and Covenants. Lessee hereby represents, warrants and covenants that
a . tto`,y,warrties and covenants set forth in the Agreement are true and correct as
though trade on th.d.,WateiST execution of this Lease Schedule.
6. Bark Ouaiified,.,:see certifies that it has designated this Lease as a qualified tax-exempt
obligation in a • ?dance with Section 265(b)(3) of the Code, that it has not designated more than
$10,000,000 of its obligations as qualified tax-exempt obligations in accordance with such Section
for the current calendar year and that it reasonably anticipates that the total amount of tax-exempt
obligations to be issued by Lessee during the current calendar year will not exceed $10,000,000.
IN WITNESS WIIEREOF, Lessor has caused this Lease Schedule to be executed in its corporate
name by Its duly authorized officer, and Lessee has caused this Lease Schedule to be executed in its name by
its duly authorized officer.
Lessee
By:
Name:
Title:
BCICAPITAL, INC.
Lessor
By:
Name:
Title:
Address: Addr ; 390 N. Orang '• ye., Suite 2600
Attention: :`.h;!Qrlando, FL 32
is Michael Po'
Senior Vice'if ent
Telephone:
-mail address:
Telephcl, (410)`t57L
'dress: mike' ow rs@bciemg.com
Exhibit 1
Equipment Description
[Describe Equipment and Purchase i
Location of Equipment: <:`
Payment Schedule
Annual Rate:
Exhibit 2
Payment
Daly
Payment
Amount
fiftrest
Principal
Balance
Prepayment
Amount
[draitig Date]
$
$
(Me Dille
$
$
$
$
$
[Duo Milo]
$
$
$
$
$
TOTALS
$
$
$
$
$
Form of
ACCEPTANCE CERTIFICATE
BciCapital, Inc.
390 N. Orange Ave., Suite 2600
Orlando, FL 32801
EXHIBIT B
Re: Lease Schedule No._ dated [DATE] (the "Lease Schecit') to that certain Master
Lease Purchase Agreement dated as of [Date] (the "Agree1tj;t" and tither with the
Lease Schedule, the "Lease") between BciCapital, Inc., as Less'q`
as Lessee
Ladies and Gentlemen:
I, the undersigned, hereby certify that I aum
below and, with respect to the above -referenced
1, The Equipment subject
installed, is ht good working order and ig
before the date hereof.
and the Le e. has been delivered and
t :grid has been fully accepted by Lessee on or
2, Attached her true and coct Opp of the tnufacturers' and dealers' invoices for
the Equipment,
3, Los..§9p has appropri i ari0l to en, other lawful actions necessary to provide moneys
sufficient to pay alt n ].Payments fe .ired to 1 o p d under the Lease during the current fiscal year of
Lessee. Such money ; []' b pplied in p `a}ent of all''such Rental Payments due and payable duringsuch
current fiscal year.
No event colt t1tYon `that .constitutes, or with notice or lapse of time, or both, would
constittk an Event of Deed (s defined in the Lease) exists at the date
Lessee
By:
Name:
Title:
ESCROW AGREEMENT
This Escrow Agreement (this "Agreement"), dated as of , 2018, by and among BciCapital,
Inc. (and any successors and permitted assigns "Lessor"), , a body corporate and
politic and a political subdivision existing under the laws of the State of ("Lessee"), and City
National Bank of Florida, in its capacity as escrow agent hereunder ("Escrow Agent").
Reference is made to that certain Lease Schedule No. 1 dated , 2018 to that certain Master
Lease Purchase Agreement dated as of , 2018, each between Lessor and Lessee (hereinafter
collectively referred to as the "Lease"), covering the acquisition and lease of certain Equipment described
thereat (the "Equipment"). It is a requirement of the Lease that the Purcle Price ($ ) be
ssor, for the purpose of fully
amounts to the purchase of and
otherwise agreed upon between:;;(
(c)..
of paragraph (d) bet
of amounts described`'
described. in ,Section 2'hheof.
Lessee 1: deposit mfo :, the Es
Equips ;'it. Any moneys iC
(""Fertri Lion bate") and (i
as promo,. Sca
deposited into a segregated escrow account under terms satisfactory
funding the Lease, and providing a mechanism for the application of
payment for the Equipment.
NOW, THEREFORE, in consideration of the mutual;:, promises contar'i erein and other good and
valuable consideration, the receipt and sufficiency of which e,,hereby ackno i ed, the,,,orties hereto
agree as follows;
1, Creation of Escrow Account.
G6
(a) There is hereby.,,..
Escrow Account':
purposes stated herein, for the benefit d
accordance with the terms hereof.
Great'.
`Escro
Qr ands
(b) The ,Agent sha
Unless the E:!Gtw
):rants in the
hereof
low fun c'xi:-''be known as the
t") to be he1d1ij the Escrow Agent for the
;e, to be held, disbursed and returned in
ds in a demand deposit account or as
',.earlier terminated in accordance with the provisions
`hall be disbursed by the Escrow Agent in payment
eceipt of written instruction(s) from Lessor, as is more fully
, ttiouna:iiithe Escrow Account are insufficient to pay such amounts,
1 '
coil& any funds needed to complete the acquisition of the
Yng its Escrow Account on or after the earlier of (i) , 201_
.date on which Lessee executes an Acceptance Certificate shall be applied
(d) Th >Esci S`Vf Account shall be terminated at the earliest of (i) the final distribution
of amounts in the Escrow ;count or (ii) written notice given by Lessor of the occurrence of a default or
termination of the Leese dw to non -appropriation.
(e) The Escrow Agent may act in reliance upon any writing or instrument or signature
which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement
or assertion contained in such a writing or instrument. The Escrow Agent shall not be liable in any manner
for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to
the identity, authority, or right of any person executing the same; and its duties hereunder shall be limited
to the receipt of such moneys, instruments or other documents received by it as the Escrow Agent, and for
the disposition of the same in accordance herewith. In the event conflicting instructions as to the disposition
of all or any portion of the Eserow Account are at any time given by Lessor and Lessee, the Escrow Agent
shall abide by the instructions or entitlement orders given by Lessor without consent of the Lessee.
(f) Unless the Escrow Agent is guilty of gross negligence or willful misconduct with
regard to its duties hereunder, Lessee agrees to and does hereby release and indemnify the Escrow Agent
and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in
equity, or any other expense, fees or charges of any character or nature, which it may incur or with which
it may be threatened by reason of its acting as Escrow Agent under this agreement; and in connection
therewith, does to the extent permitted by Iaw indemnify the Escrow Agent against any and all expenses;
including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting
any claim,
(g) If Lessee and Lessor shall be in disagreement about the interpretation of the Lease,
or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent
hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action including an
interpleader action to resolve the disagreement. The Escrow Agent shall be reimbursed by Lessee for all
costs in connection with such civil action, and shall be fully protected in suspending all or part of its
activities under the Lease until a final judgment in such action is received.
(h) The Escrow Agent may consult with counsel of its own choice and shall have full
and complete authorization and protection with the opinion of such counsel. Lessee shall reimburse the
Escrow Agent for all such reasonable costs and expenses. The Escrow Agent shall otherwise not be liable
for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its
willful Misconduct.
(i) Lessee shall reimburse the Escrow Agent for all reasonable costs and expenses,
including those of the Escrow Agent's attorneys, agents and employees incurred for non -routine
administration of the Escrow Account and the performance of the Escrow Agent's powers and duties
hereunder irr connection with any Event of Default under the Lease, or in connection with any dispute
between Lessor and Lessee concerning the Escrow Account.
(j) The Escrow Agent or any successor may at any time resign by giving mailed notice
to Lessee and Lessor of its intention to resign and of the proposed date of resignation (the "Effective Date"),
which shall be a date not less than 60 days after such notice is delivered to an express carrier, charges
prepaid, unless an earlier resignation date and the appointment of a successor shall have been approved by
the Lessee and Lessor. After the Effective Date, the Escrow Agent shall be under no further obligation
except to hold the Escrow Account in accordance with the terms of this Agreement, pending receipt of
written instructions from Lessor regarding further disposition of the Escrow Account.
(k) The Escrow Agent shall have no responsibilities, obligations or duties other than
those expressly set forth in this Agreement and no implied duties responsibilities or obligations shall be
read into this Agreement.
2. Acquisition of Equipment.
(a) Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause
to be supervised and provided for, the acquisition of the Equipment, with moneys available in the Escrow
Account, Lessee represents the estimated costs of the Equipment are within the funds estimated to be
available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have
no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits
and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation
and maintenance thereof. Escrow Agent shall have no duty to monitor or enforce Lessee's compliance with
the foregoing covenant.
2
(b) Authorized Escrow Account Disbursements. It is agreed as between Lessee and
Lessor that Disbursements from the Escrow Account shall be made for the purpose of paying (including
the reimbursement to Lessee for advances from its own funds to accomplish the purposes hereinafter
described) the cost of acquiring the Equipment.
(c) Requisition Procedure. No disbursement from the Escrow Account shall be made
unless and until Lessor has approved such requisition. Prior to disbursement from the Escrow Account
there shall be filed with the Escrow Agent a requisition for such payment in the form of
Disbursement Request attached hereto as Schedule I, stating each amount to be paid and the name of the
person, firm or corporation to whom payment thereof is due and the manner of disbursement (check or
wire),
Each such requisition shall be signed by an authorized representative of Lessee (an
"Authorized Representative") and by Lessor, and shall be subject to the following conditions, which Escrow
Agent shall conclusively presume have been satisfied at such time as a requisition executed by Lessee and
Lessor is delivered to it:
1. Delivery to Lessor of an executed Disbursement Request in the form attached
hereto as Schedule I; and
2, Delivery to Lessor true and correct copies of invoices (and proofs of payment of
such invoices, if Lessee seeks reimbursement) and bills of sale (if title to such
Equipment has passed to Lessee) therefor as required by Section 1.3 of the Lease
and any additional documentation reasonably requested by Lessor.
Lessee and Lessor agree that their execution of the form attached hereto as Schedule I and delivery
of the executed form to Escrow Agent confirms that all of the requirements and conditions with respect to
disbursements set forth in this Section 2 have been satisfied.
3. noposit to Escrow Account. Upon satisfaction of the conditions specified in Section 1.3
of the Lease, Lessor will cause the Purchase Price to be deposited in the Escrow Account. Lessee agrees
to pay any costs with respect to the Equipment in excess of amounts available therefor in the Escrow
Account,
4, Excessive Escrow Account. Lessor shall provide Escrow Agent written instructions and a
representation that one of the following conditions has been satisfied, (upon which representation Escrow
Agent shall oonolusively rely,) (a) the Termination Date; or (b) the date on which Lessee executes an
Acceptance Certificate; or (c) upon a termination of the Escrow Account as otherwise provided herein.
Upon receipt of such written instructions, any funds remaining in the Escrow Agreement shall be distributed
by the Escrow Agent first, ten percent (10%) of the funds then remaining in the Escrow Account shall be
disbursed to the Escrow Agent as its escrow agent fees ("Fees") and second, the remaining balance after
deducting the pees shall be disbursed to the Lessor and Lessor shall apply such funds to amounts owed by
Lessee under the Lease.
5. Security Interest. The Escrow Agent and Lessee acknowledge and agree that the Escrow
Account andall proceeds thereof are being held by Escrow Agent for disbursement or return as set forth
herein. Lessee hereby grants to Lessor a first priority perfected security interest in the Escrow Account,
and all proceeds thereof.
6. Control of Escrow Account. In order to perfect Lessor's security interest by means of
control in (1) the Escrow Account established hereunder, (ii) all funds now or hereafter credited to the
Escrow Account, (iii) all of Lessee's rights in respect of the Escrow Account, and (iv) all products, proceeds
3
and revenues of and from any of the foregoing personal property (collectively, the "Collateral"), Lessor,
Lessee and Escrow Agent further agree as follows:
(a) All terms used in this Section 6 which are defined in the Commercial Code of the
State of Florida ("Commercial Code") but are not otherwise defined herein shall have the meanings
assigned to siich terms in the Commercial Code, as in effect on the date of this Agreement.
(b) Escrow Agent will comply with all entitlement orders originated by Lessor with
respect to the Collateral, or any portion of the Collateral, without further consent by Lessee.
(c) Provided that account investments shall be held in the name of the Escrow Agent,
Escrow Agent hereby represents and warrants (a) that the records of Escrow Agent show that Lessee is the
sole owner of the Collateral, (b) that Escrow Agent has not been served with any notice of levy or received
any notice of atiy security interest in or other claim to the Collateral, or any portion of the Collateral, other
than Lessor's claim pursuant to this Agreement, and (c) that Escrow Agent is not presently obligated to
accept any entitlement order from any person with respect to the Collateral, except for entitlement orders
that Escrow Agent is obligated to accept from Lessor under this Agreement and entitlement orders that
Escrow Agent, subject to the provisions of paragraph (e) below, is obligated to accept from Lessee.
(ci) Without the prior written consent of Lessor, Escrow Agent will not enter into any
agreement by which Escrow Agent agrees to comply with any entitlement order of any person other than
Lessor or, subject to the provisions of paragraph (e) below, Lessee, with respect to any portion or all of the
Collateral. Escrow Agent shall promptly notify Lessor if any person requests Escrow Agent to enter into
any such agreement or otherwise asserts or seeks to assert a lien, encumbrance or adverse claim against any
portion or all of the Collateral.
(a) Except as otherwise provided in this paragraph (e) and subject to Section 1(b)
hereof, Lessee may affect the form of deposit account for the Collateral within the Escrow Account, but
will not, without the prior written consent of Lessor, withdraw any Collateral from the Escrow Account.
Escrow Agent acknowledges that Lessor reserves the right, by delivery of written notice to Escrow Agent,
to prohibit Lessee from effecting any withdrawals (including interest income), transfers or exchanges of
any Collateral held in the Escrow Account. Further, Escrow Agent hereby agrees to comply with any and
all written instructions delivered by Lessor to Escrow Agent (once it has had a reasonable opportunity to
comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by
Lessor, the amount of any obligations of Lessee to Lessor, the validity of any of Lessor's claims against or
agreements with Lessee, the existence of any defaults under such agreements, or any other matter.
(f) Lessee hereby irrevocably authorizes Escrow Agent to comply with all instructions
and entitle' ilel'it orders delivered by Lessor to Escrow Agent.
(g) Escrow Agent will not attempt to assert control, and does not claim and will not
accept any seeurity or other interest in, any part of the Collateral, and Escrow Agent will not exercise,
enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from
the Collateral any amount whatsoever.
(h) Escrow Agent and Lessee hereby agree that any property held in the Escrow
Account shall be treated as a financial asset under such section of the Commercial Code as corresponds
with Section 8.102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other
agreement to which Escrow Agent may be a party.
4
(i) Escrow Agent is hereby authorized and instructed, and hereby agrees, to send to
Lesson at its address set forth in Section 8 below, concurrently with the sending thereof to Lessee, duplicate
copies of any and all monthly Escrow Account statements or reports issued or sent to Lessee with respect
to the Escrow Account.
7. .information Required Under USA PATRIOT ACT. The parties acknowledge that in
order to help the United States government fight the funding of terrorism and money laundering activities,
pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA
PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that
identifies each person establishing a relationship or opening an account. The parties to this Agreement
agree that they will provide to the Escrow Agent such information as it may request, from time to time, in
order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited
to the narne, address, tax identification number and other information that will allow it to identify the
individual or entity who is establishing the relationship or opening the account and may also ask for
formation documents such as articles of incorporation or other identifying documents to be provided.
8. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings
assigned to them in the Lease. This agreement may not be amended except in writing signed by all parties
hereto. This agreement may be executed in one or more counterparts, each of which shall be deemed to be
an original instrument and each shall have the force and effect of an original and all of which together
constitute, and shall be deemed to constitute, one and the same instrument. Notices hereunder shall be
made in +writing and shall be deemed to have been duly given when personally delivered or when deposited
in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by
facsimile with electronic confirmation, addressed to each party at its address below.
Notices and other communications hereunder may be delivered or furnished by electronic mail;
provided that any formal notice be attached to an email message in PDF format; and provided further that
any notice or other communication sent to an e-mail address shall be deemed received upon and only upon
the sender's receipt of affirmative acknowledgement or receipt from the intended recipient. For purposes
hereof no acknowledgement of receipt generated on an automated basis shall be deemed sufficient for any
purpose hereunder or admissible as evidence of receipt.
if to Lessor:
If to Lessee:
BciCapital, Inc.
390 N. Orange Ave., Suite 2600
Orlando, FL 32801
Attention: Michael Powers
Attention:
If to Escrow Agent: City National Bank of Florida
25 West Flagler Street
Miami, FL 33130
Attention: Account Services
5
9, This Agreement shall be governed by and construed in accordance with the laws of the
State of .
10. Any bank or corporation into which the Escrow Agent may be merged or with which it
may be consolidated, or any bank or corporation to whom the Escrow Agent may transfer a substantial
amount of its escrow business, shall be the successor to the Escrow Agent without the execution or filing
of any paper or any further act on the part of any of the parties, anything herein to the contrary
notwithstanding. Any bank or corporation into which the Lessor may be merged or with which it may be
consolidated, or any bank or corporation to whom the Lessor may transfer a substantial amount of its
business, shall be the successor to the Lessor without the execution or filing of any paper or any further act
an the part of any of the parties, anything herein to the contrary notwithstanding.
11. This Agreement may be amended, modified, and/or supplemented only by an instrument
in writing executed by all parties hereto.
[Signature Page Follows]
6
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the date first
above written.
BCICAPITAL, INC.
as Lessor as Lessee
By: By:
Name: Name:
Title: Title:
CITY NATIONAL BANK OF FLORIDA
as Escrow Agent
By:-
Natne:
Title:
[Signature Page to Escrow Agreement]
SCHEDULE I
to the Escrow Agreement
FORM OF DISBURSEMENT REQUEST
Re: Lease Schedule No._ dated [DATE] to that certain Master Lease Purchase Agreement
dated as of [DA 1'E], each between Lessor and Lessee (hereinafter collectively referred to
as the "Lease") (Capitalized terms not otherwise defined herein shall have the meanings
assigned to them in the Lease.)
In accordance with the terms of the Escrow Agreement, i a dd as of [DATE] (the "Escrow
Agrganent") by and among BciCapital, Inc., as lessor (and its successs'and peril -dyed assigns, "Lessor"),
[LESSEE] ("Lessee") and City National Bank of Florida, as escrow dt (t2: '1scrow Agent"), the
undersigned hereby requests the Escrow Agent pay the following persons tiiiofollowing amounts from the
Escrow Account created under the Escrow Agreement for the:Allowing put
Payee's Name and Address (if
disbursement via wire, must
Include wire transfer
instructions)
(a) Each: i iga p ; ed in the foregoing table has been incurred by Lessee in the
Stated 45unt, (b) the salt ,a proper`dnarge against the Escrow Account for costs relating to the
Egtlipt l identifred in the Lie, and (c) has not been paid (or has been paid by Lessee and Lessee requests
rein►bursa
(ii) Each item rlti qupment relating to an obligation specified in the foregoing table has been
delivered, installed and acted by Lessee. Attached hereto is a true and correct copy of the invoice with
respect to such oblige
(iii) The undersigned, as authorized representative of Lessee, has no notice of any vendor's,
mechanic's Of other liens or rights to liens, chattel mortgages, conditional sales contracts or security interest
which should be satisfied or discharged before such payment is made.
(iv) This requisition contains no item representing payment on account, or any retained
percentages which Lessee is, at the date hereof, entitled to retain (except to the extent such amounts
represent a reimbursement to Lessee).
(v) The Equipment is insured in accordance with the Lease.
(vi) No Event of Default, and no event which with notice or lapse of time, or both, would
become an event of Default, under the Lease has occurred and is continuing at the date hereof.
(vii) The representations, warranties and covenants of Lessee set forth in the Lease are true and
correct as of the date hereof.
(vii) No material adverse change has occurred since the date of the execution and delivery of
the Lease,
Dated:
[LESSEE]
By:
Name:
Title:
Disbursement of Hinds from the Escrow
Account in accordance with the foregoing
Disbursement Request hereby is authorized
8CICAPJTAL, INC:
as Lessor under the Lease
By:
Nate:
Title:
Schedule l- Page 2
PAY PROCEEDS LETTER
, 2018
BciCapital, Inc,
390 N. Orange Ave,, Suite 2600
Orlando, FL 32301
Ladies and Oentletnen:
Me undersigned, an authorized officer of the [LESSEE]("Lessee"), hereby authorizes BciCapital,
Inc, ("Lessor") to pay the proceeds of the financial accommodations provided to Lessee by Lessor
evidenced by that certain Master Lease Purchase Agreement, dated as of 11 , 2018 and the related
Lease Schedule No. 1 dated , 2018, between Lessor and Lessee, to the following account of
Lessee:
&count : Amount of Deposit
[City National Bank of Florida]
Account #:
[LESSEE]
By:
Name:
Title:
TAX CERTIFICATE
This Tax Certificate (this "Certificate") is executed and delivered as of , 2018 (the
"Lease Date") by the [LESSEE] ("Lessee") in connection with that certain Master Lease Purchase
Agreement dated as of ._ , 2018 (the "Agreement") by and between Lessee and BciCapital, Inc.
("Lessor") and Lease Schedule No. dated as of_, 2018, between Lessee and Lessor (the "Lease
Schedules," and together with the Agreement, the "Lease"). The terms capitalized herein but not defined
hereinshall have the meanings assigned to them in the Lease.
Section 1. hi. Genera],
1,1, This Certificate is executed for the purpose of establi,
Lessee as to future events regarding the financing of certain equiprn `` 1
by Lessor and lensed to Lessee pursuant to and in accordance with th`'>>.
Lessor shall apply $ (the "Principal Amount") to
Equipment and Lessee shall make Rental Payments under therms and conditt,p
•
t'he reasonable expectations of
the "Equipment") to be acquired
se. As‘ ascribed in the Lease,
acquisition of the
as set forth in the Lease.
1,2, The individual executing this Certificate on ''E if of Lessee ` : ? o f er of Lessee
delegated with the responsibility of reviewing and, (tl 1l ` he 4, pursuant to tolution or other
official action of Lessee adopted with respect to ease, apy of7h has been; delivered to Lessor.
1,3, The Lease is being entere j a ;nto for
of acquiring, equipping and installing the . ipnient
Lessee, which Equipment is described in tli;c5chedu
on the date hereof.
of providitt?are s for financing the cost
ssential to the: overnmental functions of
he Principal Amount will be paid to Lessee
1,4, Lessee will eu e...and time t lei ch payriient schedule issued under the Lease a
Porm 8O38-f3 relating to such �:�e.. ,�itte Inte0a1ReVente,.Service in accordance with Section 149(e)
of the Internal Revenue Code of 1'9:8 ,,as'''a
Section 2, NO
2,v, The Rental Pay___
general, i" Ming fund (o ap acgo
fund oi`acouiit will be cre4i
or Pled ,
?s security therefci
242 here 1z
deemed to be (i) issued or
pursuant to a comtnon pl
of funds as, or deem
of funds as, the Lease.
e "Cod ).
st+
ue unt:.;the Lease will be made with monies retained in Lessee's
ubaccount therein). No sinking, debt service, reserve or similar
aintaiii.'f'"for the payment of the Rental .Payments due under the Lease
ett;d will be issued no obligations by or on behalf of Lessee that would be
Within fifteen (15) days before or after the Lease Date, (ii) issued or sold
• financing with the Lease and (iii) paid out of substantially the same source
e substantially the same claim to be paid out of substantially the same source
2,3, Other than the Principal Amount, Lessee does not and will not have on hand any funds that
are or will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly,
as a substitute, replacement or separate source of financing for the Equipment.
2A, No portion of the Principal Amount is being used by Lessee to acquire investments which
produce a yield materially higher than the yield realized by Lessor from Rental Payments received under
the Lease. As used in this certificate, the term "yield" means yield computed by the actuarial method using
a 36Owday year and semi-annual compounding, resulting in a discount rate which, when used in computing
the present worth of all payments of principal and interest to be paid on an obligation, produces an amount
equal to the issue price, fair market value, present value or purchase price thereof, as applicable, and is
determined in all respects in accordance with Section 148 of the Code.
2.5, The Principal Amount does not exceed the amount necessary for the governmental purpose
for which the Lease was entered into. Such funds are expected to be needed and fully expended for payment
of the cots of acquiring, equipping and installing the Equipment.
2.6, Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in
whole or in part, at a date which is earlier than the final Payment Date under the Lease.
Section 3. pisbursement of Funds: Reimbursement to Lessee.
3, I. It is contemplated that the entire Principal Amount will be used to pay the acquisition cost
of Equipment to the vendors or manufacturers thereof, provided that, if applicable, a portion of the Principal
Amount may be used by Lessee as reimbursement for acquisition cost payments already made by it so long
as the conditions set forth in Section 3.2 below are satisfied.
3.2. Lessee shall not use any portion of the principal amount in order to be reimbursed for
Equipment acquisition cost payments already made by it unless each of the following conditions have been
satisfied:
(a) Lessee adopted a resolution or otherwise declared its official intent in accordance
with Treasury Regulation § 1.150-2 (the "Declaration of Official Intent"), wherein Lessee
expressed its intent to be reimbursed from the proceeds of a borrowing for all or a portion of the
cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days
before Lessee adopted the Declaration of Official Intent;
(b) The reimbursement being requested will be made by a written allocation before
the later of eighteen (18) months after the expenditure was paid or eighteen (18) months after the
items of Equipment to which such payment relates were placed in service;
(e) The entire payment with respect to which reimbursement is being sought is a
capital expenditure, being a cost of a type properly chargeable to a capital account under general
federal income tax principles; and
(d) Lessee will use any reimbursement payment for general operating expenses and
not in a manner which could be construed as an artifice or device under Treasury Regulation §
1,148.10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements.
Section 4. L1 e.aud Investment of Funds: Temporary Period.
4,1. Lessee has incurred or will incur, within six (6) months from the Lease Date, binding
obligations to pay an amount equal to at least five percent (5%) of the Principal Amount toward the costs
of the Equipment, An obligation is not binding if it is subject to contingencies within Lessee's control. The
ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final
acceptance of the Equipment.
4,2. .An amount equal to at least eighty-five percent (85%) of the Principal Amount will be
expended to pay the cost of the Equipment by the end of the three-year period commencing on the Lease
Date. No portion of the Principal Amount will be used to acquire investments that do not carry out the
2
governmental purpose of the Lease and that have a substantially guaranteed yield in excess of the yield on
the Lease.
4.3. (a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on
the Principal Airtount to the Internal Revenue Service if required by, and in accordance with, Section 148(0
of the Code, and make the annual determinations and maintain the records required by and otherwise
comply with the regulations applicable thereto. Lessee reasonably expects to cause the Equipment to be
acquired by no later than 18 months from the Lease Date.
(b) Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to
the internal Revenue Service in accordance with Section 148(f) of the Code unless: (i) the entire Principal
Amount is expended on the Equipment by the date that is the six-month anniversary of the Lease Date or
(il) the Principal Amount is expended on the Equipment in accordance with the following schedule: At least
fifteen percent (15%) of the Principal Amount and interest earnings thereon will be applied to the cost of
the Equipment within six months from the Lease Date; at least sixty percent (60%) of the Principal Amount
and interest earnings thereon will be applied to the cost of the Equipment within 12 months from the Lease
Date; and one hundred percent (100%) of the Principal Amount and interest earnings thereon will be applied
to the cost of the Equipment by no later than 18 months from the actual Lease Date.
Section Si No. Private Use: No Consumer Loan.
5.1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Code.
Specifically, Lessee will not permit more than 10% of the Principal Amount to be used for a Private
Business Use (as defined herein) if, in addition, the payment of more than ten percent (10%) of the Principal
Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property used or
to be used for a Private Business Use or (ii) any interest payments in respect of such property or derived
from any payment in respect of property or borrowed money used or to be used for a Private Business Use.
In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described
above with respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount
plus interest earned thereon is secured by Private Business Use property or payments as described above,
then the excess over such five percent (5%) (the "Excess Private Use Portion") will be used for a Private
Business Use related to the governmental use of the Equipment. Any such Excess Private Use Portion of
the Principal Amount will not exceed the portion of the Principal Amount used for the governmental use of
the particular project to which such Excess Private Use Portion is related. For purposes of this paragraph
5.1, "Private Business Use" means use of bond proceeds or bond financed -property directly or indirectly in
a trade or business carried on by a natural person or in any activity carried on by a person other than a
natural person, excluding, however, use by a state or local governmental unit and excluding use as a member
of the general public.
5.2. No part of the Principal Amount or interest earned thereon will be used, directly or
indirectly, to make or finance any loans to non -governmental entities or to any governmental agencies other
than Lessee.
Section 6. linFederall Guarantee.
6.1. Payment of the principal or interest due under the Lease is not directly or indirectly
guaranteed, In whole or in part, by the United States or an agency or instrumentality thereof.
6.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making
loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United
3
States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured
deposits Of accounts if such investment would cause the financing under the Lease to be "federally
guaranteed" within the meaning of Section 149(b) of the Code.
Section 7. poat-Issuance Compliance.
7.1 in the event an action takes place (or is anticipated to take place) that will cause the
Equipment not to be used for qualified uses under Section 141 of the Code, Lessee will consult with bond
counsel as soon as practicable about taking remedial action as described in Treasury Regulation Section
1.141412, Lessee will take all actions necessary to ensure that the "nonqualified bonds" (as defined in
Treasury Regulation Section 1.141-12) are properly remediated in accordance with the requirements of the
Treasury Regulations. Lessee is familiar with the Internal Revenue Service's Voluntary Compliance
Agreement .Program pursuant to which issuers of tax-exempt debt may voluntarily resolve violations of the
Code and applicable Treasury Regulations on behalf of the holders of such debt or themselves through
closing agreements with the Internal Revenue Service.
7,2, Lessee will actively monitor the requirements of the Code and the Treasury Regulations
(a) set forth iti this certificate and confirm that such requirements are met no less than once per year; (b)
related to the allocation and accounting of proceeds to capital projects and will maintain a list that specifies
the allocation of proceeds of the Lease to the costs of the Equipment; and (c) related to arbitrage limitations,
including yield restriction, rebate requirements and the investment of gross proceeds of the Lease. The
office within Lessee that is currently responsible for such monitoring is the finance department.
Section S. Miscellaneous
8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Lease
in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the
Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose.
8,2, Lessee shall maintain complete and accurate records establishing the expenditure of the
Principal Amount and interest earnings thereon for a period of five (5) years after payment in full under the
Lease.
11.3. To the best of the undersigned's knowledge, information and belief, the above expectations
arc reasonable and there are no other facts, estimates or circumstances that would materially change the
expectations expressed herein.
[Signature Page Follows]
4
IN WITNESS WHEREOF, this Tax Certificate has been executed on behalf of Lessee as of the
Lease Date,
[LESSEE]
Lessee
By:
Print Name:
Title:
[Signature Page to Tax Certificate]
INCUMBENCY CERTIFICATE
The undersigned, the duly [elected][appointed] and acting [Secretary] [City Clerk] [County Clerk]
of _.. ("Lessee") certifies as follows:
l , The individuals identified below are the duly elected or appointed officers of Lessee holding
the offices set forth opposite their respective names.
2, The individuals identified below have the authority onhbtilt' of Lessee to enter into that
certain Master Lease Purchase Agreement dated as of [DATE] between`sI entity and BCICAPITAL, INC.
Nam
IN WITNESS WHEREOF, I
Title <:;:.<;Y;Y=::`signature
this certificate as of this day of
Name:
Title: [Board or Town Clerk]
[Letterhead of Counsel to Lessee]
[Closing Date]
BeiCapital, Inc.
390 N. Orange Ave., Suite 2600
Orlando, Florida 12801
Re: Lease Schedule No. , dated , to Master Lease
Purchase Agreement, dated as of = ?l_ , between BeiCapital,
Inc., as Lessor, and [Lessee], as Lessee
Ladies rind Gentlemen:
[t][We] have acted as counsel to [Lessee]
transaction. In such capacity, [1][We] have reviewe
Purchase Agreement, dated as of
Inc. ("Lessor) and Lessee and an executed'
_ (the "Lease Sch
things, provides for the lease of certain pro
Escrow Agreement dated
City National Bank of Florida, as escrow agqit,
of Lessee which, among otherfth. s, authorize'
(c) such other opinions, docuir
following opinions. The Lease S'
by reference together with the Ren .
collectively as the ' ! se", and the
the "Eir
'. execu
ssee`s execute' `q►greement and the Leas Schedule and
matters o ;Jaw ' is I ave d't med necessary in connection with the
d.the tees an visions of the Agreement incorporated therein
inert hetl le attach to the Lease Schedule are herein referred to
.se
"Transaction Docum (: # ]a rnis capitali
assigned to then in the ;caed upon
is>:.eonnection wit11> ] e ..ab ve-referenced
:,00.mterpart of a'`0 ;t i Master Lease
eei tl .") , by and between BciCapital,
nterpart Lcasc: ednI :: io. , dated
betty ti Lessor and ` ee, which, among other
e Schedule (th "Equipment") and a certain
Agreement"),among Lessor, Lessee, and
'epunterpart of the ordinances or resolutions
an 'crow Agreement are referred to collectively as the
in this •'ornion but not defined herein shall have the meanings
areoaing, it is [my][our] opinion that:
s " Lessee is polit { tt'b:Vision of the State of [STATE] (the "State") within the meaning of
Section 3(0 of the Intern.....,..,,,,,, venue Code of 1986, as amended, and is duly organized, existing and
operatin`der the Constitutitand laws of the State.
2. l ssee 'li'tl s he 'i uisite power and authority to lease and acquire the Equipment and to
execute and deliver the Trai , tion Documents and to perform its obligations under theLease.
3. Bach;,li ransaction Documents has been duly authorized, executed and delivered by and
on behalf of Lessee, and' 'is a legal, valid and binding obligation of Lessee enforceable in accordance with its
terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws
affecting the enforcement of creditors' rights generally and by general equitable principles.
44. The authorization and execution of the Transaction Documents and all other proceedings of
Lessee relating to the transactions contemplated thereby have been performed in accordance with all
applicable open meeting, public records, public bidding and all other laws, rules and regulations of the State.
5. The execution of the Transaction Documents and the appropriation of moneys to pay the
Rental Payments coming due thereunder do not and will not result in the violation of any constitutional,
statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred
by Lessee,
6, There is no proceeding pending or threatened in any court or before any governmental
authority or arbitration board or tribunal that, if adversely determined, would adversely affect the
transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns,
as the ease may be, in the Equipment or other collateral thereunder.
This opinion may be relied upon by the addressee hereof and its successors and assignees of interests
in the Transaction Documents.
This form and corresponding IRS instructions for completion and filing can be found on the IRS website.
Form 8038•G
(Rev. September 2018)
Department Of the treasury
Internal Revenue Service
9•41111 ■ •KepOrting Authority
Information return for Tax -Exempt Governmental Bon s
Under nternal Revenue Code s ction 149{e)
See separate instructions.
Caution: lithe issue price is under$100,000, use Form 8038-GC.
Go towww.irs.gov/F8038Gforinstructionsandthelatestinformation.
If Amended Return, check here 10
OMB No . 1545-0720
1 Issuer's name
2 Issuer's employer identification number (EIN)
3a Name 6f person (other than issuer) with whom the IRS may communicate about this return (see instructions)
3b Telephone number of other person shown on 3a
4 Nurriber er1d street (dr P.O. box if mail is not delivered to street address) Room/suite
5 Report number (For IRS Use Only)
13r1
8 City, town, or post offiee, state, and ZIP code
7 Date of issue
8 Name 6f Iseue
9 CUSIP number
10a Name and title of officer or other employee of the issuer whom the IRS may call for more Information (see
instructions)
10b Telephone number of officer or other
employee shown on 10a
1 'ism• IN Type of Issue (enter the issue price). See the instructions and attach schedule.
11 Education,
12 Health and hospital
13 Transportation
14 Public Safety :
15 Environment (including sewage bonds)
16 Housing
17 Utilities
18 Other, De9cribe ®
11
12
13
14
15
16
17
18
19e
If bonda are TANs or RANs, check only box 19a ® •
b If bends are 13ANs, check only box 19b
jf.{goe fjg �r.in the form of a lease or ingtallmant sale, rhprk hnv
rI�
r
Beseription of Bonds. Complete for the entire issue for which this form is being toed_
(it) Final maturity date
(b) Issue price
(c) Stated redemption
price at maturity
(d) Weighted
average maturity
(e)Yield
21
.__ .__ ...
$
$
years
%
►:.t:'r•s
!J., _Uses, of Proceeds of Bond Issue (including underwriters' discount)
22
23
24
Proceeds used for accrued interest
ISSue price of entire issue (enter amount from line 21, column (b))
Prooeeds used for bond issuance costs (including underwriters' discount)
24
22
23
29
25 Proceeds used for credit enhancement
25
26 Proceeds allocated to reasonably required reserve or replacement fund
26
27 Proceeds utyedto refund prior tax-exempt bonds. Complete Part V .
27
28 Prticeede used to refund prior taxable bonds. Complete Part 6'
28
29 Total (add lines 24 through28) .
30 jsJonrefunding proceed_of.the sstiel4subtract line 29 from line 23 and enter amount here)
v • t' 1 r- - Fiandietinn n r+ iin r nn c r'<ur •-Jrt^ +h,.. ...,.+ ,-.-.h c,.- .l.c„�.a,...,. h....�.,
30
31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded .
32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . .
33 Enter the Ia8t date on which the refunded tax-exe t bonds will be called (MM/DD/YYYY)
E i 34 teftht .t te(s)the refunded bonds were issued /YYYY)
For Paperwork Reduction Act Notice, see separate instructions. cal. No. 63773S
years
Years
Form 8038-G (Rev. 9-2018)
iwitnacsim3(Fltvv.9.2018)
38 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5)
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(G10), See instructions
b Enter the final Maturity date of the GICIO (MMIDDIYYYY)
c Enter the name of the GIC provider ,
37 fooled fin nclrigs; Enter the amount of the proceeds of this issuethat are to be used to make loans
38a MaimITINYUcittTrom the pro eeds of another ta,c-exempt issue, check box D and ente the
b Enter the date Of the master pool bond (MMIDD/YYYY)
o Enter the 1 1N of the Issuer ofthe master pool bond `
gg d Enter the name of the issuer
"i tuer of the master pool bon
1i if ine li su r nsseec' eetodpay a penaltyein iieutootnaronrag rei at'eldh(eckabossuer exception), check box
itia if the leaner has Identifie a hedge, check here) D and enter the following information:
i Neale of hed E providerr
c Type of hedge
Paget
35
36a
I g
d Term of hedge 101*
42 If the Ieeuer has superintegrated the hedge, check box . ` D
43 If the leaner his established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box .
94 If the Issuer has established written procedures to monitor the requirements of s ction 148, check box . .
45a If some portion of the proceeds was used to reimburse expenditures, check here D and enter the amount
of reimbursement .
b Enter the date the official intent was adooted ® (MM/OD/YYYY)
ollowing inforrhation:
Signature
and
Consent
Unddr penalties of perjury, I declare that I have examined this retum and accompanying schedules and statements, and to the best of my knowledge
And dale, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuers return Information, as necessary to
prao®a9 this return, to the person that 1 have authorized above.
— 1lafi8ture of issuer'seuthni7ed repre ntative Date
Paid rermnjr a Prupericsi b IWI Pi@iximor smy! ieiur
Preparer
Use Only
Tvpe or orint name and title
Date
Check1J 1 PTIN
self-employed
FIfitilA name r
Flrm's EIN fi
Fleas Address ® I Phone no.
Fonn 8038-G (Rev. 9-2018)
Note, PLEASE COMPLETE INSURANCE AGENT CONTACT INFORMATION IN FULL.
BciCapital, Inc.
INSURANCE AUTHORIZATION LETTER
Insurance Agency: .. Agent:
Address:
Email: Phone:
Re: Lease between_... ("Lessor") and ("Lessee")
The insurance coverages listed below are required to cover the interests of the named Secured Party and its
Affiliates, Successors & Assigns (indicated below) in Equipment financed by and between Lessor and Lessee.
You are therefore hereby authorized and instructed to provide the Secured Party and its Affiliates, Successors
& Assigns the coverages described below.
Evidence of insurance in the form of a Certificate is acceptable until the required formal Endorsements are issued.
The Certificate(s) will not be acceptable unless all required endorsements are clearly stated. If you have any
questions concerning the coverages, please notify BciCapital, Inc. at (407) 502-5918.
In Description Box of Each Certificate Please Make This Notation: Re: all Equipment financed by
and between..____.. and Lessor under Lease Schedule No. 1.
Please forward the required Certificate(s) and Endorsements immediately to the following Secured Party:
BCICAPITAL, INC.
and lis affiliates, successors & assigns
390 N. Orange Ave., Suite 2600
Orlando, FL 32801
Phone: 407-502-5918
Eiall: susan.herman@bcicmg.com cc: alexandra.michelini@bcicmg.com
Comprehensive General Liability Coverage:
1. Llinits of at least $1,000,000.00 per occurrence for bodily injury and property damage coverage.
2, An Endorsement naming the above Secured Party and Its Affiliates, Successors & Assigns as an
Additional Insured in so far as this Equipment is concerned.
3, An Endorsement giving each of the above named Secured Party and Its Affiliates, Successors &
Assigns at least thirty (30) days written notice of any cancellation, reduction or alteration of
coverage.
All Risk Physical Damage (Property) Coverage:
1. All Risk coverage for not less than the Total Equipment Cost of $[LEASE AMOUNT].
2. A long form endorsement naming the above named Secured Party and Its Affiliates, Successors
& Assigns as "Additional Insured" and "Loss Payee" in so far as this Equipment is concerned,
unless prohibited by applicable state law.
3. An Endorsement giving the above named Secured Party and Its Affiliates, Successors & Assigns
at least thirty (30) days written notice of any cancellation, reduction or alteration ofcoverage.
4. Any deductibles or self -insured retentions must be disclosed.
1 of 2
5. OVER -THE -ROAD VEHICLES ONLY:
(i) Collision (maximum deductible): $10,000.00 or as approved by Credit.
(ii) Comprehensive (maximum deductible): $10,000.00 or as approved by Credit.
Comprehensive Auto Liability Coverage (where applicable):
a. Limits of at least $1,000,000.00 combined single limit per occurrence for bodily injury and property
damage coverage. *May come from primary Auto Liability and/or Liability.
b. An Endorsement naming each of the above named Secured Party and Its Assigns as an Additional
Insured in so far as this Vehicle is concerned.
c. An Endorsement giving each of the above named Secured Party and Its Assigns at least thirty (30)
days written notice of any cancellation, reduction or alteration of coverage,
*Self -Insurance or captive insurance must be disclosed.
• Any deductibles or self -insured retentions must be disclosed.
Each Certificate issued hereunder must confirm that the Secured Party's coverage under, and interest in, the
relevant policy shall not be invalidated or otherwise adversely affected by any breach by Lessee or others of any
warranty, declaration, representation or condition contained in such policy.
LESSEE:
By:
Name:
Title:
2 of 2
The following page(s) contain the backup material for Agenda Item: City of National City
Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2020.
(Finance)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021 AGENDA ITEM NO.:
ITEM TITLE:
City of National City Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June
30, 2020.
PREPARED BY: Rachelle M. Barrera, Finance Manager DEPARTMENT: Finance
PHONE: 619-336-4331 APPROVED BY:
EXPLANATION:
Transmitted herewith is the City of National City's Comprehensive Annual Financial report for the
fiscal year ended June 30, 2020 prepared by the City's external auditors, The Pun Group, LLP.
The reports include all agencies under the control of the City Council, as well as the Successor
Agency to the Community Development Commission as the National City Redevelopment Agency.
The auditors have conducted their examination of the financial statements in accordance with
generally accepted auditing standards and have expressed an unmodified ("clean") opinion of those
statements.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Accept and file the City of National City Comprehensive Annual Financial Report for the Fiscal Year
ended June 30, 2020.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. The comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2020
https://www.nationalcityca.gov/government/finance/financial-reports. Hard copies are available in the City
Clerk's Office and the City Library.
2. Presentation
IR
THE
PUN GROUP
ACCOUNTANTS \[)VISORS
CITY OF NATIONAL CITY
Presentation to the City Council
For the Fiscal Year Ended June 30, 2020
March 16, 2021
CONTENTS
• Required Communications (AU-C 260)
• Audit Responsibilities
• Overview of Financial Statements
• Financial Indicators and Key Pension/OPEB Information
• Audit Results
12 PUN GROUP
tt LOUN[ N1Sa nL'`J P
2
REQUIRED COMMUNICATIONS (AU-C 260)
1211)16N GROUP
AC C3UNTANTS,i, .AU�`1<ORS
3
Required Communications (AU-C 260)
• Independence
• We complied with ALL relevant requirements regarding independence
• Significant Accounting Policies
• The City disclosed all significant accounting policies in Note 1 to the financial statements.
• The City implemented GASB Statement No. 95, Postponement of the Effective Dates of
Certain Authoritative Guidance
• Significant Estimates
• Fair value on investments
• Depreciation on capital assets
• Net other postemployment benefit liability
• Net pension liability
NGR UP
ACCOUNTANTS $ ADVISORS
Required Communications (AU-C 260)
• Sensitive Disclosures
• Note 1 — Reporting Entity and Summary of Significant Accounting Policies
• Note 3 — Loans Receivable
• Note 10 — Pension Plans
• Note 11 — Other Postemployment Healthcare Benefits
• Note 13 — Classification of Fund Balances
• Misstatements
• There were no corrected or uncorrected misstatements reported.
• Consultation with Other Accountants
• Management informed us that, and to our knowledge, there were no consultations with
other accountants regarding auditing and other matters.
ACCOUNTNANTS GR$ AQY154U!P
0
Required Communications (AU-C 260)
• Significant Difficulties
• We encountered no significant difficulties in dealing with management.
• Disagreements with Management
• We did not have any disagreements with management in terms of accounting treatments or
audit procedures performed.
NGR UP
ACCOUNTANTS $ ADVISORS
PUNGROUP
AC C3UNTANTS,i, .AU�`150R5
AUDIT RESPONSIBILITIES
7
Management's Responsibilities
• Responsible for the financial statements
• Present the financial statements in accordance with accounting principles
generally accepted in the United States of America
• Adopt sound accounting policies
• Establish and maintain internal controls over financial reporting and
compliance
• Provide evidence supporting the amounts and disclosures in the financial
statements
• Prevent and detect fraud
NGR UP
ACCOUNTANTS $ ADVISORS
OUR RESPONSIBILITY IN ACCORDANCE WITH
PROFESSIONAL STANDARDS
• Form and express an opinion about whether the financial statements that have been
prepared by management with Board oversight are presented fairly, in all material
respects, in accordance with accounting principles generally accepted in the United
States of America
• Plan and perform the audit to obtain "reasonable" assurance (not "absolute" assurance)
about whether the financial statements are free of material misstatements.
• Consider internal control over financial reporting. Such considerations were solely for
the purpose of determining our audit procedures and not to provide any assurance
concerning such internal control.
PUN c OF
ACCOUNTANTS & AAYISORS
PUNGROUP
AC C3UNTANTS,i, .AU�`1<ORS
OVERVIEW OF THE FINANCIAL
STATEMENTS
10
City of National City
Government -Wide
Condensed Statement of Net Position
June 30, 2020
Governmental
Activities
Assets $ 345,688,100
Deferred Outflows of Resources 16,084,044
Liabilities 151,137,501
Deferred Inflows of Resources 2,244,332
Net Position:
Net investment in capital assets 155,772,400
Restricted 101,152,527
Unrestricted (deficit) (48,534,616)
Total Net Position $ 208,390,311
,xE
PUN c OF
ACCOUNTANTS & AAYISORS
City of National City
Government -Wide Summary
Statement of Activities
For the Year Ended June 30, 2020
Expenses
Program Revenues
Charges for services
Operating grants and contributions
Capital grants and contributions
Total program revenues
Net Cost of Services
General Revenues - Taxes
Investment earnings
Miscellaneous
Change in Net Position
1-r--rE
ACCOUNTANTS & AAYISORS
Governmental
Activities
$ (99,386,039)
25,831,605
16,658,135
4,465,126
46,954,866
(52,431,173)
51,775,838
2,943,647
65,010
$ 2,353,322
City of National City
General Fund
Condensed Balance Sheet
June 30, 2020
Assets $ 55,790,599
Liabilities $ 6,862,203
Fund Balance
Nonspendable 3,926,499
Restricted 10,092,890
Committed 11,485,066
Assigned 7,129,273
Unassigned 16,294,668
Total Fund Balance 48,928,396
Total Liabilities and Fund
Balance
THE
PUN c OF
ACCOUNTANTS & AAYISORS
$ 55,790,599
City of National City
General Fund
Condensed Statement of Revenues, Expenditures
and Changes in Fund Balance
For the Year Ended June 30, 2020
Revenues
Expenditures
Revenues over Expenditures
Other Financing Sources and Uses
Transfers (Net)
Loss on sale of land held for resale
Pass -through payments to other agencies
Total other financing sources/uses
Change in Fund Balance
THE
PUN c OF
ACCOUNTANTS & AAYISORS
$ 61,848,951
(59,167,351)
2,681,600
(1,548,066)
(589,700)
(631,285)
(2,769,051)
$ (87,451)
Z
0
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CI
Z�
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0
Q CO
VO
G
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Qa
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o
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City of National City
Governmental Activities
Net Cost of Services to Tax Revenues
2020 2019
Net Cost of Services $ (52,431,173) $ (54,039,478)
Tax Revenues 51,775,838 51,987,107
Ratio 101.27% 103.95%
ACCOUNTATHE
NTS & AAYISORS
City of National City
General Fund
Unassigned Fund Balance to Annual Expenditures
2020 2019
Unassigned Fund Balance $ 16,294,668 $ 13,673,543
Annual Expenditures * 59,167,351 59,566,684
Ratio 27.54% 22.96%
Unassigned Fund Balance - PY $ 13,673,543 $ 12,731,293
Net Change in Unassigned Fund Balance $ 2,621,125 $ 942,250
* includes capital outlay of $3.3M for 2020 and $4.3M for 2019
,xE
PUN c OF
ACCOUNTANTS & AAYISORS
GASB 68 - The Pension Standard
As of June 30, 2019 (Measurement Date)
Net Pension Liabilities @ 6.15%
Net Pension Liabilities @ 7.15%
Net Pension Liabilities @ 8.15%
Plan's Proportionate Share of the
Fiduciary Net Position as a Percentage
of the Total Pension Liability
Prior year
ACCOUNTATHE
NTS & AAYISORS
Miscellaneous
Plan
$ 53,526,837
$ 35,831,862
$ 21,193,868
73.54%
73.15%
Safety
Plan
$ 100,616,279
$ 71,540,983
$ 47,703,525
66.28%
66.31%
Total
$ 154,143,116
$ 107,372,845
$ 68,897,393
GASB 75 - The OPEB Standard
As of June 30, 2019 (Measurement Date)
Net OPEB Liabilities @ 1.66%
Net OPEB Liabilities @ 2.66%
Net OPEB Liabilities @ 3.66%
OPEB
$ 6,177,295
$ 5,684,713
$ 5,045,290
Fiduciary Net Position as a Percentage
of the Total OPEB Liability 0.00%
THE
PUN GROUF
ACCOUNTANTS & AAYISORS
AUDIT RESULTS
IIPUN
GROUP
ACCOUNTANTS& .ADvlSO. RS
Audit Results
• Opinions
• Unmodified Opinions issued to all Opinion Units
• Financial statements are fairly presented in all material respects
• Accounting policies have been consistently applied
• Estimates used are reasonable
• Disclosures are properly reflected in the financial statements
ACCOUNTNANTS GR$AQY154U!P
Other Results
• No disagreements with management
• No material weaknesses/significant deficiencies were identified in internal
control over financial reporting or compliance
• No accounting issues
• No inappropriate activities were noted
NGR UP
ACCOUNTANTS $ ADVISORS
THE
PUN GROUP
ACCOUNTANTS & ADVISOi _S
Thank you!
HQ - ORANGE COUNTY
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Santa Ana, CA 92707
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Suite 710
San Diego, CA 92121
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Walnut Creek, CA 94596
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Las Vegas, NV 89145
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Phoenix, AZ 85016
The following page(s) contain the backup material for Agenda Item: Update on American
Rescue Plan Act. (City Manager)
Please scroll down to view the backup material.
Item #
03/16/21
Update on American Rescue Plan Act
(City Manager)
The following page(s) contain the backup material for Agenda Item: Discussion regarding
Public Comment at City Council Meetings. (City Manager)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021
AGENDA ITEM NO.
ITEM TITLE:
Discussion regarding Public Comment at City Council Meetings (City Manager)
PREPARED BY: Tony Winney, Assistant City Manager DEPARTMENT: City Manager's Office
w
PHONE: (619) 336-4240
EXPLANATION:
(See Explanation (Attachment A) for more information)
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
n/a
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
City Council discussion and provide staff direction.
BOARD / COMMISSION RECOMMENDATION:
n/a
ATTACHMENTS:
Attachment A — Explanation
Attachment B — City Council Policy #104 (portion)
Attachment C — City Clerk's Office Survey of San Diego County Cities Public Comment Policies
Attachment D — SD County Cities Public Comment Survey
ATTACHMENT A
Beginning on March 2, 2021, at the Virtual Regular City Council Meeting staff implemented an alternative
for the public to provide "Live Comment" during Public Comment periods, during General Public Comment
at the beginning of the meeting concerning matters not listed on the agenda, and additional comment
during each item following.
Staff recognized the opportunity to enhance the virtual meeting experience providing the public an
additional option to participate in the Virtual City Council Meetings. In addition to live comment, any
written comment received by City Clerk's Office prior to the deadline is accepted and provided via email
to the City Council prior to the start of the City Council Meeting. Allowing the City Council time to read
and consider all input from the public. Any comment received after the deadline is retained in the City
Clerk's Office as record, and uploaded to the City website to be included with the agenda material.
Both forms of comments written and live are occasions for the public participation, and mirror the process
that occurs in the Council Chamber at an "in person" meetings. In person meetings allow the public to
appear before the City Council at the podium to provide comment. Additionally, when emails are received
in the City Clerk's Office, they are provided to the City Councilmember on the dais prior to the meeting.
Those comments are not read into the record by the City Clerk.
Staff provided ample notice of this addition to process which included an outline of the options to
participate, additionally a process on "how to register for the live comment". Notification was provided on
the City website agenda cover sheet, on the homepage of the City Website, a "Public Comment" page
was created under both the City Council and the City Clerk's Office's, and the social media public
outreach utilized by the City. The Brown Act requires notice of a Regular City Council Meeting to be
posted 72 hours in advance. National City Regular City Council Meeting agenda packets are posted 5
days, or 121 hours in advance of the meeting. Notice on the City website, bulletin boards, e-notifications,
and for the March 2 meeting specifically because of the change in public comment procedure, social
media platforms were heavily utilized as you can see in Attachment B.
The recent implementations in public comment are in alignment with City Council Policy #104: Section VI
Public Meeting Communications, subsection C "Communications with Persons Addressing the City
Council." (Attachment C)
C (2). Public Comment (Non -agenda): At all regular City Council Meetings, speakers shall have
the right to address the City Council on any matter within the elected body's jurisdiction, subject to a three
(3) minute time limit or less, depending on the number of speakers. As C(2)a states that "at each regular
Council meeting, up to 30 minutes shall be reserved for Public Comment."
In addition to the public comment both oral and written, a Spanish speaking interpreter was
provided for the meeting of March 2 in anticipation of needs of the public that may require translation
specifically for the cannabis item. This Interpreter was in the meeting simultaneously translating the
complete 6.5 hours of the meeting.
Attachment D provides an overview of the public comment policies of other San Diego County
cities. Of the 17 other cities within the County not including City of San Diego, Six (6) Cities accept live
comment during meetings, each comment is limited to three (3) minutes or less. The other 11 cities eight
(8) read comment into the record, eight (8) distribute to Council in written form.
Staff believes that the City of National City is providing best practices by allowing live comment and
written comment (provided to City Council via email prior to the meeting and not read into the record), all
comments are noted on minutes and retained on file in the City Clerk's Office.
Social Media Public Outreach
For March 2, 2021 City Council Meeting
Attachment B
Thursday, February 25 @ 4:00 p.m. FACEBOOK & TWITTER & INSTAGRAM
NOW ACCEPTING Live Public Comment for City Council Meetings.
The community may choose to make public comment in one of two ways:
1. Register to speak during a City Council meeting using Zoom.
2. Submit a written comment to be entered into the official meeting record.
For more information on the procedures for public comments please visit
www.na llonalcfLyca. gov/puDlleeomment
CIT COI V:Il..1 Iu'I'1.11.1TEErriM; %A-tioNALcrry
4
Ark
Live Public Comment
wwricnationaleitymgovipublieokunient
Rog i r before coo pm on meeting ciuy
Email Comments
P tb1iceommentariationaleityge,..gov
Submit before qua pm on meeting day
Watch Meeting
www.n atiortalcitycagov,Wwebcaz+t
Friday, February 26 — February 27 FACEBOOK & INSTAGRAM stories — stories are
available for 24 hours
IltTtLtL ‘IEE i 1I \lll.
Live
Public Comnieiat
LL.! ;'
Enuni Comments
u411 .Hit taESg,t, 1X8��rlana51i.i}i/U�iLg
y
Watch Meeting
. k0i 7aef ttsh api-� 0 ktb Slt
Monday, March 1 @ 9:00 a.m. FACEBOOK
#NationalCity public meetings are being held virtually in order to protect the safety of residents,
employees and the communities we serve.
Join us this week for the following public meetings this week:
Attachment B
Planning Commission - http://ow.ly/mCAK50DK1o3
City Council Meeting (now with LIVE public comment)- http://ow.ly/Bonu50DK1pq
Library Board - http://ow.ly/4oYj50DK1pT
Public comments are accepted for ALL our meetings in writing and beginning this week the City
Council will also be accepting live public comments. Be sure to check each meeting agenda for the
public comment deadlines and how to watch the meeting live.
Twitter
Join #NationalCity virtually this week during our following public meetings. Be sure to check each
meeting agenda for the public comment deadlines and how to watch the meeting live. Meeting
agendas and event information can be found on our calendar here: http://ow.ly/kROW50DK1tP
Mach
Plan I, ]tlyj Coin1BI I1C'If711
674,41 pm
March 2
cia rIca
45,00pm
MEIN
Library Board
s.lG pm
Monday, March 1— March 2 FACEBOOK & INSTAGRAM stories — stories are
available for 24 hours
(:1`11 (:91 VEIL
1 lll`l'l il. %1EIFIll\(;
Live
Public Comment
L ima Comments
ufn .C3itum.°fli'AIIsLila kit,{
itILkiuya4
%.,elh tadnro tart Lra am a WU iIlaay
'afar Meeting
wlswr.uf_rsak-my,:y.')",r; n c+msrs
Imummimmila
Attachment B
Tuesday, March 2 @8:20 a.m. FACEBOOK
NOW ACCEPTING Live Public Comment for tonight's City Council meeting until 4:00 p.m.
The community may choose to make public comment in one of two ways:
1. Register to speak during a City Council meeting using Zoom.
2. Submit a written continent to be entered into the official meeting record.
For more information on the procedures for public comments please visit
www.nationalcityca.gov/publiccomment
To review the agenda for the March 2 City Council meeting please visit http://ow.ly/S4tr50DMWak
Twitter
NOW ACCEPTING Live Public Comment for #NationalCity Council Meetings. For more
information on the procedures for public comments please visit:
http://nationalcityca.gov/publiccomment To review the March 2, 2021 City Council agenda:
http://ow.ly/GEBb50DMPoV
•
f 1 i:0l \Cli.'t Hill U. Xii;,F:TINC
NAT1ONALIGiTy
Live Public Comment 41
www, n ati orate i tycae. g ovipub l flootranen t
Register before good pru on meeting day
Email Comments
Publice,.ommentl natiQnalcityca,.gov
Submit before coo pm an meeting diky
Watch Meeting
lvtvw.nationalcityca,goviwebemt
ATTACHMENT C
IV. REMOTE ACCESS TO MEETINGS
A. Internet Broadcast: "Live" streaming video of City Council meetings is available at
www,nationalcityca.gov. Archived meetings are also available online.
B. E-Notification: Individuals may sign up via the City's website to receive email
notifications of published City Council and board and commission meeting agendas, City
news, special events and more.
V. PUBLIC ASSISTANCE & ACCOMMODATIONS
Upon request, the City Council agenda and backup materials will be made available in
alternative formats. Any person who requires a disability -related modification or
accommodation, including auxiliary aids or services, to participate in the public meeting, may
request a modification, accommodation, aid, or service by contacting the City Clerk's Office
either in person or by telephone no later than 10:00 a.m. on the day preceding the scheduled
meeting.
VI. PUBLIC MEETING COMMUNICATIONS
A. Communications between City Councilmembers:
1. Councilmembers wishing to speak should request the floor by being recognized by
the Presiding Officer before speaking. The Presiding Officer must recognize any
Councilmember who seeks the floor when appropriately entitled to address the City
Council.
2. No Councilmember shall speak again until all Councilmembers have had the
opportunity to speak.
3. Councilmembers shall remember that the purpose of the Council meeting is to
conduct the business of the City. Councilmembers shall avoid repetition and shall
limit their comments to the subject matter at hand. Councilmembers shall endeavor
to express their views without engaging in unnecessarily lengthy debates.
4. When one Councilmember is speaking, other Councilmembers shall not interrupt,
disrupt or disturb the speaker. During questions and deliberations, the Presiding
Officer may vary the speaking sequence of Councilmembers from item to item.
B. Email Communications between City Councilmembers: Because email communications
can ultimately lead to the exchange of information intended to, or which may, create
collective concurrence among a quorum of Councilmembers, e-mall communications
between Councilmembers relative to Council business should be avoided at all times.
6
ATTACHMENT C
C. Communications with Persons Addressing the City Council: Members of the public may
address the City Council during the Public Comment period and/or prior to the
consideration of any agenda item. Persons shall address the City Council as a whole and
shall not engage in a dialogue with individual Councilmembers, staff, or with other
members of the audience. Any person wishing to speak, whether during the Public
Comment period or on an agenda item, is requested to complete a "Request to Speak"
form and submit the form to the City Clerk prior to the calling to order of the meeting or
as soon thereafter as possible. Filling out a speaker slip is not required to participate.
All those addressing the Council shall do so from the podium.
The City Council may not prohibit public criticism of the City in general, City staff, or
members of the City Council, its policies, procedures, programs, or services of an agency
or its acts or omissions. A speaker may not be stopped from speaking because either
the Presiding Officer or Councilmembers disagree with the viewpoint being expressed.
1. Translation Services: The City strives to provide simultaneous Spanish interpreting
services at all regular City Council meetings, through the use of headsets. An
interpreter is also available to interpret for speakers who wish to address the
Council.
2. Public Comment (Non -agenda): At all regular City Council meetings, speakers shall
have the right to address the City Council on any matter within the elected body's
jurisdiction, subject to a three (3) minute time limit or less, depending on the
number of speakers. The Council may listen to the speaker's comments, but cannot
discuss or take action on communications not on the agenda. Non -agenda Public
Comment may be referred to the City Manager for administrative action or
placement on a subsequent agenda, with a majority vote of the Council.
a. At each regular Council meeting, up to 30 minutes shall be reserved for Public
Comment.
b. The City Clerk will review the speaker slips and inform the Presiding Officer of
the number of slips. If the number of speakers, at three (3) minutes each,
exceeds the 30-minute allotted time for Public Comment, the Presiding Officer
may reduce the time allotted to each speaker, extend Public Comment time, or
continue remaining speakers to the end of the meeting.
c. Donations of time from one speaker to another will not be permitted.
7
ATTACHMENT C
d. The Presiding Officer shall have the authority to reduce equally each speaker's
time to accommodate a larger number of speakers.
e. Speaker slips for Public Comment will be accepted by the City Clerk in the
Council Chambers no earlier than 15 minutes before the meeting and up until
the Public Comment portion of the agenda is finished.
f. In order to ensure that non-English speakers receive the same opportunity to
directly address the City Council, any member of the public who utilizes a
translator shall be provided at least twice the allotted time to address the
Council, unless simultaneous translation equipment is used to allow the Council
to hear the translated public testimony simultaneously. (Government Code
54954.3)
g. Remarks shall be addressed to the City Council as a body.
h. If there is a group representing a common position, designation of a
spokesperson is encouraged. The Presiding Officer may allot a mixed amount of
time for presentations of this nature.
3. Public Comment (Agenda Items): Speakers shall have the right to address the City
Council on items which appear on the agenda, subject to the 3-minute time limit.
a. Donations of time from one speaker to another will not be permitted.
b. The Presiding Officer shall have the authority to reduce equally each speaker's
time to accommodate a larger number of speakers, or to limit the total
speakers' time on an agenda item.
c. Speaker slips for agenda items will be accepted by the City Clerk in the Council
Chambers no earlier than 15 minutes before the meeting and up until the
public testimony on the item is finished. Included on the speaker slip shall be
the option for the individual to register support or opposition but do not wish
to speak (individual must be present).
d. Remarks shall be addressed to the City Council as a body and not to any
member of the City Council, staff or the public, No questions shall be asked of
an individual member of the City Council, staff or the public. The Presiding
Officer may limit interaction between Councilmembers and public speakers to
questions of clarification.
8
ATTACHMENT C
e. If there is a group representing a common position, designation of a
spokesperson is encouraged. The Presiding Officer may allot a mixed amount
of time for presentations of this nature.
f. In order to ensure that non-English speakers receive the same opportunity to
directly address the City Council, any member of the public who utilizes a
translator shall be provided at least twice the allotted time to address the
Council, unless simultaneous translation equipment is used to allow the
Council to hear the translated public testimony simultaneously. (Government
Code 54954.3)
4. Presentations to City Council: Any information presented to the City Council for its
consideration in formats such as PowerPoint, Video VHS, or DVD must be submitted
to the City Clerk's office no later than the Wednesday immediately prior to the
Council meeting in order to have the presentation facilitated for Council viewing and
broadcast. If presentations are submitted after that deadline, it will not be possible
for them to be played or displayed during the meeting, although ten (10) hard copies
may be submitted to the City Clerk for distribution to the Council. Documents and
presentations displayed during the Council meeting shall become a public record
and must be submitted to the City Clerk for retention.
VII. AGENDA SEQUENCE AND ORDER OF BUSINESS
Generally, the agenda sequence and order of business at regularly scheduled meetings of the
City Council shall be as follows, unless otherwise reordered by the Presiding Officer with the
consensus of the City Council.
A. Call to Order: The Presiding Officer officially calls the meeting to order.
B. Roll Call: Before the City Council shall proceed with the business of the Council, the City
Clerk shall call the roll of the members and the names of those present shall be entered
in the minutes. The later arrival of any absentee shall also be entered in the minutes.
C. Pledge of Allegiance: Each agenda of a regularly scheduled Council meeting shall
provide an item for the recital of the "Pledge of Allegiance" to both the United States
flag and the California flag.
D. Public Comments: Speakers shall have the right to address the City Council on any
matter within the elected body's jurisdiction, subject to a 3-minute time limit or less,
depending on the number of speakers. The City Council may listen to the speaker's
comments, but cannot discuss or take action on communications not on the agenda.
Non -agenda public comment may be referred to the City Manager for administrative
action or placement on a subsequent agenda.
9
ATTACHMENT D
Survey of SD County Cities - Public Comment Policies
City
Meeting Platform
Used
Public Comment
(minutes per speaker)
Receive
Comment Via
Email Only
If Receive
Written
Comment is it
Read into the
Record
Accept Call -Ins
During Live
Meeting
Allow Comment During
Virtual Meeting
Deadline to Submit
Comment to City Clerk's
Office
Chula Vista
Live stream - using
on -site tech and
controls
2 minutes per comment
Additional 2 minutes if Public
Hearing
Yes
No
No
No
Allowed up to and during
the item.
Coronado
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
No
No
No
11 am day of meeting
El Cajon
Live stream - using
on -site tech and
controls
300 word limit
Yes
Yes - Limited to
300 words
No
No
Deadline to submit
comment via the website
is up to conclusion or vote
of each item.
Encinitas
Zoom
3 minutes unless otherwise
changed by Mayor
30 minutes are allowed for
Public Comment items not listed
on the agenda.
Yes
Yes
No
Register prior to meeting
Deadline 2 pm day of
meeting
Limited to Agenda Items
Only
3 pm day of meeting
Escondido
Public TV Cox
Channel 19
3 minutes unless otherwise
changed by Mayor
Yes
Yes
No
La Mesa
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
Yes - Limited to
300 words
No
4 pm day of meeting
Lemon Grove
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
Yes
No
5 pm day before meeting
National City
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
No
Yes
Yes
4 pm day of meeting
San Marcos
Live stream - using
on -site tech and
controls
5 minutes unless otherwise
changed by Mayor
Yes
Yes
No
4 pm day of meeting
Solana Beach
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
No
No
Noon day of meeting
Vista
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
No
No
Audio Only - Raise
virtual hand to speak or
press *9 (on phone) and
ATTACHMENT D
City
Meeting Platform
Used
Public Comment
(minutes per speaker)
Receive
Comment Via
Email Only
If Receive
Written
Comment is it
Read into the
Record
Accept Call -Ins
During Live
Meeting
Allow Comment During
Virtual Meeting
Deadline to Submit
Comment to City Clerk's
Office
Carlsbad
Live stream - using
on -site tech and
controls
3 minutes unless otherwise
changed by Mayor
Yes
No
Yes, but must
register prior to
meeting at least
one hour before
start time
2pm day of meeting
Del Mar
Livestream -
12milesout
(service)
3 minutes unless otherwise
changed by Mayor
Yes
No
Yes
Pre -Register online to
receive email with
number and instructions
on how to call into the
meeting.
noon day of meeting
Imperial Beach
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
Yes
Yes
Audio Only - Raise
virtual hand to speak or
press *9 (on phone) and
unmuted
up to conclusion or vote
of item
Oceanside
Zoom
3 minutes unless otherwise
changed by Mayor
Yes
Yes
Yes
Yes
4 pm day of meeting for
items on the agenda - for
items not listed on the
agenda a deadline of
midnight the day prior to
submit general comment
Poway
Live stream - using
on -site tech and
controls
3 minutes unless otherwise
changed by Mayor
Yes
No
Yes
None
Santee
Live stream - using
on -site tech and
controls
3 minutes unless otherwise
changed by Mayor
Yes
No
Yes
Yes
The following page(s) contain the backup material for Agenda Item: 2020 Housing Element
Annual Progress Report pursuant to California Code Section 654000. (Planning)
Please scroll down to view the backup material.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 16, 2021
AGENDA ITEM NO.
ITEM TITLE:
2020 Housing Element Annual Progress Report pursuant to California Code Section 654000.
PREPARED BY:
Martin Reeder, AICP — Principal Planner DEPARTMENT: Commun9evelopment
PHONE: 619-336-4313
APPROVED BY:
EXPLANATION:
California Government Code section 65400 requires that each city and county prepare an annual
progress report on the status of the housing element of its general plan and progress in its
implementation. The report is due on April 1 for the previous calendar year and is submitted to the
Department of Housing and Community Development and the Governor's Office of Planning and
Research. The annual progress report fulfills state housing law requirements to report certain
information, including the progress in meeting the City's share of the Regional Housing Needs
Assessment. Furthermore, submitting the report to the state ensures that the City is eligible for grants
and other funding sources that require the filing of the report. The report is also submitted to the San
Diego Association of Governments to qualify for certain discretionary funds administered by SANDAG.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
Not considered a project per the California Environmental Quality Act.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Accept and file the report.
BOARD / COMMISSION RECOMMENDATION:
Not Applicable
ATTACHMENTS:
1. Background
2. Annual Progress Report
BACKGROUND REPORT
Government Code section 65400 requires that each city and county prepare an Annual
Progress Report (APR) on the status of the Housing Element of its General Plan and
progress in its implementation using forms and definitions adopted by the Department of
Housing and Community Development (HCD). The forms are used for satisfying the
reporting requirements of Government Code section 65400, subdivision (a)(2).
The forms and instructions, originally adopted March 27, 2010, have been updated to
incorporate new APR requirements pursuant to Chapter 374, Statutes of 2017 (Assembly
Bill 879) and Chapter 366, Statutes of 2017 (Senate Bill 35). The APR is submitted to the
Department of Housing and Community Development and the Governor's Office of
Planning and Research (OPR) on or before April 1 of each year using the forms and
tables specified by HCD.
Providing the report to HCD and OPR fulfills state housing law requirements to report
certain information, including the progress in meeting the City's share of the Regional
Housing Needs Assessment (RHNA). Furthermore, submitting the APR to the state
ensures that the City is eligible for grants and other funding sources that require filing of
the report. The report is also submitted to the San Diego Association of Governments to
qualify for certain discretionary funds administered by SANDAG.
The APR consists of the following tables:
• TABLE A — Housing Development Applications Submitted
Table A includes discretionary and ministerial entitlements. In 2020, no
discretionary entitlements were needed; only ministerial (building) permits were
required. Building permit applications were submitted for a total of 13 units within
11 projects in 2020: 7 single-family detached units; 3 accessory dwelling units;
and 3 multi -family units.
• TABLE A2 — Annual Building Activity Report Summary - New Construction,
Entitled, Permits, and Completed Units.
Table A2 summarizes entitlements, permits, and completion of units during the
reporting period. Building permits were issued for 314 units within 4 projects;
none of those units received final approval for occupancy during the 2020
reporting period.
• TABLE B — Regional Housing Needs Allocation Progress — Permitted Units
Issued By Affordability.
Table B shows the City's progress in achieving its RHNA allocation during the
housing element planning period (2013-2021). The total (beginning) RHNA
allocation is 1,863 units. Through 2020, 1109 units have been permitted. The
remaining need is 754 units.
ATTACHMENT 1
1
2
• TABLE C — Sites Identified or Rezoned to Accommodate Shortfall Housing Need.
This requirement does not apply to the City since adequate sites were identified
in the adopted Housing Element.
• TABLE D — Program Implementation Status pursuant to Government Code
section 65583.
Table D provides the status of the implementation of programs in the adopted
Housing Element.
• TABLE E — Commercial Development Bonus Approved pursuant to Government
Code section 65915.7.
No units were produced in the City using this provision of the Government Code.
• TABLE F Units Rehabilitated, Preserved and Acquired for Alternative Adequate
Sites pursuant to Government Code section 65583.1, subdivision (c)(2).
No units were produced in the City using this provision of the Government Code.
• TABLE G Locally Owned Lands Included in the Housing Element Sites Inventory
that have been sold, leased, or otherwise disposed of.
One property (405-419 West 18th Street) was disposed of during the 2020
reporting period. The property was transferred to a developer, Habitat For
Humanity.
Units are identified by affordability by household income as established by HCD's income
limit charts. The household income categories are based on the area median income
(AMI) for San Diego County, which was $92,700 for a family of four in 2020.
• Very low-income households (50% AMI)
• Low-income households (80% AMI)
• Moderate -income households (120% AMI)
• Above -moderate households (>120% AMI)
Unit types are categorized as one of the following:
• Single-family detached units
• Single-family attached units
• Two to four unit structure
• Five or more unit structure
• Accessory dwelling unit
• Mobile home/manufactured home
Units are identified as either proposed or planned at initial occupancy for either renter
occupant (R) or owner occupant (0) where apparent at the time of project application.
2
3
Jurisdiction National City
Reporting Year 2020 (Jan. 1 - Dec. 31)
I Building Permits Issued by Affordability Summary
Income Level
Current Year
Very Low
Deed Restricted
65
Non -Deed Restricted
0
Low
Deed Restricted
65
Non -Deed Restricted
0
Moderate
Deed Restricted
0
Non -Deed Restricted
0
Above Moderate
184
Total Units
314
Note: Units serving extremely low-income households are included in the very low-
income permitted units totals
Housing Applications Summary
Total Housing Applications Submitted:
11
Number of Proposed Units in All Applications Received:
0
Total Housing Units Approved:
0
Total Housing Units Disapproved:
0
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining
0
Number of Streamlining Applications Approved
0
Total Developments Approved with Streamlining
0
Total Units Constructed with Streamlining
0
Units Constructed - SB 35 Streamlining Permits
Income
Rental
Ownership
Total
Very Low
0
0
0
Low
0
0
0
Moderate
0
0
0
Above Moderate
0
0
0
Total
0
0
0
Cells in grey contain auto -calculation formulas
ATTACHMENT 2
3
4
Jurisdiction National cny
Reporting Year
2020 (Jan. 1 - Dec.31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 $6202)
Note: "+" indicates an optional field
Cells in grey contain 4610.o kulation formulas
Table A
Housing Development Applications Submitted
Project Identifier
Unit Types
Y
Date
Application
Submitted
Proposed Units -Affordability by Household Incomes
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
Notes
1
2
3
4
5
6
7
8
9
10
Prior APN'
Currant APN
Street Address
Project Name'
lib
Local Jurisdiction
Tracking ID'
Unit Category
(SFA,SFD,2 to
4.5+ADU.MHI
Tenure
R•Rarner
o-Owrrer
Date
Application
Submitted
(see
instructions)
Very Low.
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low -Income
Deed
Restricted
Low4ncome
Non Dead
Restricted
Moderate-
Income
Dead
Restricted
Moderate-
Income
Non Deotl
Restricted
Above
Motlerale-
Income
Total PROPOSED
Total
APPROVED
Total
DISAPPROVED
Was APPLICATION
Notes
SUBMITTED
Pursuant to DC
65913.4(b)Y
(SS 35
Streamlining)
Units by Project
Units by project
Units by Project
Summary Row: Start
Data Entry Below
S
0
0
0
0
0
o
a
o
0
o
g
55711202
711 Palm Ave.
2to4
R
11/1012021
3
3
3
No
56133004
1227 Roselawn St
ADU
R
5/122021
1
1
1
No
55618121
325'J'Ave.
ADU
R
2/4/2021
1
1
1
No
55704202
1728 E. 5th St
SFD
0
3132021
1
1
1
No
55908514
421 W. 18th St
SFD
0
8/12)2021
1
1
1
No
55908519
401 W.18th St.
SFD
0
8/122021
1
1
1
No
56113203
1642 E.1718St
ADU
R
7272021
1
1
1
No
55908515
417 W.18th Si.
SFD
0
B/122021
1
1
1
No
55908516
413 W.18th St
SFD
0
8/122021
1
1
1
No
55908517
409 W.1801St.
SFD
0
8/1212021
1
1 1
No
55908518
405 W.180iSi.
SFD
0
0)122021
1
1 1 1
No
4
Jurisdiction National City
Reporting Year
2020
(Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(UUFZ I itle 25 .b2U2)
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
Project Identifier
Unit Types
Affordability by Household Incomes - Completed Entitlement
1
2
3
4
5
6
Prior APN+
Current APN
Street Address
Project Name+
LocalLow-
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
0-Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved
# of Units
issued
Entitlements
Summary Row: Start Data Entry Below
0
0
0
0
0
0
0
0
556-472-26
130 E. 8th St.
5+
R
3/27/2019
0
557-150-21
2203 E. 8th St.
5+
R
0
560-192-17
704 E. 19th St.
5+
R
0
556-554-25
1125 National City Blvd.
Courtyards at
Kimball
Apartments
5+
R
0
6
National City
2020 (Jan. 1 - Dec. 31)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation formulas
Project Identifier
Affordability by Household Incomes - Building Permits
7
8
9
Current APN
Street Address
Project Name+
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate -
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
# of Units Issued
Building Permits
Issued
tart Data Entry Below
65
0
65
0
0
0
184
314
556-472-26
130 E. 8th St.
127
3/5/2020
127
557-150-21
2203 E. 8th St.
39
11/17/2020
39
560-192-17
704 E. 19th St.
18
6/4/2020
18
556-554-25
1125 National City Blvd.
Courtyards at
Kimball
Apartments
65
65
6/2/2020
130
7
National City
2020 (Jan. 1 - Dec. 31)
Project Identifier
Affordability by Household Incomes - Certificates of Occupancy
10
11
12
Current APN
Street Address
Project Name+
Very Low-
Income
Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
tart Data Entry Below
0
0
0
0
0
0
0
0
556-472-26
130 E. 8th St.
0
557-150-21
2203 E. 8th St.
0
560-192-17
704 E. 19th St.
0
556-554-25
1125 National City Blvd.
Courtyards at
Kimball
Apartments
0
8
National City
2020
(Jan. 1 - Dec. 31)
Project Identifier
Streamlining
Infill
Housing with Financial Assistance
and/or Deed Restrictions
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
Demolished/Destroyed Units
Notes
13
14
15
16
17
18
19
20
21
Current APN
Street Address
+
Project Name
How many of
the units were
Extremely
+
Low Income?
Was Project
APPROVED
Will Units?
YIN
Assistance
Programs for Each
Development
(see instructions)
Deed Restriction
Type
(see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
+
1000)
Number of
Demolished/D
estroyed
+
Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
+
Renter
Notes
using GC
65913.4(b)?
(SB 35
Streamlining)
YIN
tart Data Entry Below
0
0
1
0
0
556-472-26
130 E. 8th St.
0
N
Y
0
557-150-21
2203 E. 8th St.
0
N
Y
0
560-192-17
704 E. 19th St.
0
N
Y
1
Demolished
0
556-554-25
1125 National City Blvd.
Courtyards at
Kimball
Apartments
0
N
Y
N/A
55
0
9
Jurisdiction National City
Reporting Year
2020
(Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
This table is auto -populated once you enter your jurisdiction name and current year data. Past
year information comes from previous APRs.
Please contact HCD if your data is different than the material supplied here
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordabi ity
1
2
3
4
Income Level
RHNA Allocation
by Income Level
2013
2014
2015
2016
2017
2018
2019
2020
2021
Total Units to
Date (all years)
Total Remaining
RHNA by Income
Level
Very Low
Deed Restricted
465
45
65
110
355
Non -Deed Restricted
Low
Deed Restricted
353
8
108
65
181
172
Non -Deed Restricted
9
10
Jurisdiction
National City
Reporting Year
2020
(Jan. 1 - Dec.31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Tile 25 §6202)
Note: ^+' Indkatea an optional field
Cells In grey contain auto -calculation formulas
Table C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need
Project Identifier
Date of Rezone
RHNA Shortfall by Household Income Category
Type of Shortfall
Shea Description
2
3
4
5
6
T
6
9
10
11
APN
Street Address
Project Name'Juriedbtion
Local
Tracking ID'
pats of Rezone
Vary Low-
bcoma
Low -Income
Motlerate-Income
Abow Modanle-
Income
Type of Shortfall
Parral Sixe
(Acne)
General Plan
DealgnDesignationng
Zoni
Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity
Description of Existing
Dsas
Uses
Summary Row: Start Data Entry Below
■
1
r
10
11
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Jurisdiction National City
Reporting Year 2020 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1
2
3
4
Name of Program
Objective
Timeframe in H.E
Status of Program Implementation
1. Rental Rehabilitation
Program
Rehabilitate an an average of 10 units
per year.
Rehabilitate an average of
ten units per year for total
of 80 units during the eight.
year planning cycle.
No units rehabilitated with Housing Authority funding.
2. Ownership Housing
Rehabilitation Program
Rehabilitate an average of five units per
year.
Rehabilitate an average of
five units per year for a
total of 40 units duringthe
eight -year planning cylce.
No single-family units rehabilitated during the calendar year and 11 to -date during
the planning cycle.
3. Code Enforcement
Program
Abate an average of 250 cases per year.
Abate an average of 250
cases per year for a total
of 2,000 cases during the
eight -year planning cycle.
30 housing -related code violations were abated during the calendar year and over
1,392 to -date during the planning cycle.
4. Housing Inspections
Program
Inspect an average of 125 units per year.
Inspect an average of 128
units per year for a total of
1,024 units during the
eight -year planning cycle.
36 housing units were inspected during the calendar year and over 1,764 to -date
during the planning cycle.
5. At -Risk Housing
Program.
Conserve the affordability of 795
housing units at risk of converting to
market rate.
Monitor status of at -risk
units annually during the
eight -year planning cycle.
No at -risk units converted to market rate during the calendar year.
11
12
6. Housing Choice
Voucher (Section 8) Rental
Assistance Program.
Maintain 137 units of project -based
housing and 1,022 tenant -based
vouchers.
Monitor annually during
the eight -year planning
cycle.
Continued to maintain 149 project -based and 974 tenant -based vouchers.
7. Tenant Relocation
Program.
Relocate any tenants displaced due to
code enforcement.
Continue to offer the
program during the eight-
year planning cycle.
6 tenants relocated during the calendar year and 22 to -date during the planning
cycle.
8. Housing Stock
Conditions Program.
Estimate of the number of dwelling units
in need of repair or replacement.
Conduct survey annually
during the eight -year
planning cycle.
The last survey was conducted in 2010.
9. Clean-up Events
Program.
Conduct an average of four events per
year.
Conduct an average of
four events annually fora
total of 32 events during
the eight -year planning
cycle.
Zero clean-up event during the calendar year and 16 to -date during the planning
cycle.
10. Developer Information
Program.
Update and maintain informational
materials as policies, standards,
guidelines, and ordinances are amended
or adopted.
Update as policies,
standards, guidelines, and
ordinances are amended
or adopted during the
eight -year planning cycle.
Ongoing updates as polices are amended or adopted.
11. GIS Database Program.
Update database as new information
becomes available in a compatible
format.
Monitor data sources and
update upon availability
during the eight -year
planning cycle.
Ongoing updates to database as needed and as available.
12. Community Housing
Development
Organizations Program.
Identify and fund CHDOs to pursue
affordable housing projects and
programs.
Conduct outreach annually
as part of the budget
process and as funding
sources become available
during the eight -year
planning cycle.
Six units underconstruction during the planning cycle.
12
13
Jurisdiction National City
Reporting Period
2020 (Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation
formulas
Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7
Project Identifier
Units Constructed as Part of Agreement
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
1
2
3
4
APN
Street Address
Project Name'
Local Jurisdiction
Tracking ID
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Annual Progress Report
13
January 2020
14
Jurisdiction
National City
Reporting Period
2020
(Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation formulas
Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non -affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with
the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are
considered net -new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA
Note - Because the statutory requirements severely limit what can be
counted, please contact HCD to receive the password that will enable
you to populate these fields.
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
Extremely Low-
Income+
Very Low -Income+
Low -Income+
TOTAL UNITS+
Extremely Low-
Income'
Very Low -
Income+
Low -Income+
TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At -Risk
9��
Acquisition of Residential Units
Mobilehome Park Preservation
r
'
Total Units by Income
Annual Progress Report
14
January 2020
15
Jurisdiction National City
Reporting Period
2020 (Jan. 1 - Dec. 31)
NOTE: This table must only be filled out if the housing element sites
inventory contains a site which is or was owned by the reporting
jurisdiction, and has been sold, leased, or otherwise disposed of
during the reporting year.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Cells in grey contain auto -calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of
Project Identifier
1
2
3
4
APN
Street Address
+
Project Name
Local Jurisdiction
Tracking ID
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred
Intended Use for Site
Summary Row: Start Data Entry Below
559-085-08-00
405 419 W 18th
Street
Habitat for
Humanity
3
Habit for Humanity
Build 6 affordable units
15
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Item #
03/16/21
City Manager Report
(City Manager)