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10-07-14 Agenda Packet (2)
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY - CALIFORNIA NATIONAL CITY '- rNCOAPOR9Tfi RON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, OCTOBER 7, 2014 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior 1 of 47 CC/CDC Agenda 10/7/2014 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 47 CC/CDC Agenda 1/29/2014 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 1. Approval of the Minutes of the Regular Meeting of the City Council of the City of National City and Community Development Commission - Housing Authority of the City of National City of . (City Clerk) 2. Warrant Register #9 for the period of 8/20/14 through 8/26/14 in the amount of $642,181.09 (Finance) Warrant Register #10 for the period of 8/27/14 through 9/02/14 in the amount of $3,540,187.67 (Finance) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the agreement with Coxcom, Inc. extending the terms to lease video and data services for 60 months in the annual not -to -exceed amount of $48,840. (MIS) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 5. Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 20, "Maintenance of Reserve Funds". (Finance) 3 of 47 CC/CDC Agenda 10/7/2014 - Page 4 NEW BUSINESS COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - 4 of 47 CC/CDC Agenda 10/7/2014 — Page 5 Attached documents for item Warrant Register #9 for the period of 8/20/14 through 8/26/14 in the amount of $642,181.09 (Finance) 5 of 47 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. ITEM TITLE: Warrant Register #9 for the period of 8/20/14 through 8/26/14 in the amount of $642,181.09 (Finance) PREPARED BY: K. Apalategur PHONE: 1619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 8/20/14 through 8/26/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. DEPARTMENT: Financ APPROVED BY: s MAW Vendor Check/Wire Amount Explanation Baumgartner, Ken 313797 89,566.00 Refund of T&A Deposit # 1852 D-Max Engineering 313815 53,635.76 NC Storm Water 2013-14 Project Professionals Corp 313861 72,238.27 Public Works Relocation SDG&E 313871 113,786.19 Street Gas & Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $642,181.09 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $642,181.09 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #9 6 of 47 PAYEE JOHN S LYONS FOUNDATION ALLIANT INSURANCE SVCS INC 49ERCOMMUNICATIONS INC A 1 SOLAR POWER A VIDOVICH CONSTRUCTION A.M. ORTEGA CONSTRUCTION INC ALL FRESH PRODUCTS ARJIS AT&T MCI BAUMGARTNER, K BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BROADWAY AUTO ELECTRIC BRDADWAY AUTO GLASS BUTTS, T CALIFORNIA ELECTRIC SUPPLY CALIFORNIA PEER SUPPORT ASSOC CAMEON, C CHICAGO TITLE COMPANY CITY OF SAN DIEGO COUNTY OF SAN DIEGO CSA SAN DIEGO COUNTY CSAC EXCESS INS AUTHORITY CYBRARYN SOLUTIONS DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DEPARTMENT OF JUSTICE D-MAX ENGINEERING D-MAX ENGINEERING ECOLAB EMPLOYMENT DEVELOP DEPT ERGOGENESIS LLC ESGIL CORPORATION EVISTA INDUSTRIES, INC. EXPRESS PIPE AND SUPPLY CO INC FASTSIGNS FEDEX FUN FLICKS GEOSYNTEC CONSULTANTS INC GNAU & TAMEZ LAW GROUP LLP GRAINGER GROSSMAN PSYCHOLOGICAL GW SCHOOL SUPPLY HARRIS & ASSOCIATES INC HONEYWELL ANALYTICS INC HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC INTERNATIONAL CODE COUNCIL JERAULDS CAR CARE CENTER JJJ ENTERPRISES WARRANT REGISTER # 9 8/26/2014 DESCRIPTION 32 ANNUAL MEMORIAL BANQUET / CANO LIABILITY INSURANCE FUND BENDIX KING COMMAND VERSION 500 CHANNEL REFUND - PLAN CHECKJINSPECTION FEES REFUND -T&A 90065 2835 HIGHLAND AVE REFUND T&A 1842 - 1240 PALM AVE FOOD / NUTRITION CENTER ESUN ANNUAL OPERATIONAL COST SBC AT&T PHONE SERVICE FY15 REFUND: T&A #1852 MOP 67727 METAL NAME TAGS - PD WEARING APPAREL ELECTRICAL PARTS FOR CITY VEHICLES 1- MATERIALS WINDSHIELD REIMB /TRAINING CERTIFICATE 1 FIRE MOP#45698 ELECTRICAL MATERIALS TUITION: 19TH ANNUAL TRAINING CONFERENCE SUBSISTENCE: 19TH ANNUAL TRAINING TITLE REPORTS TRANSPORTATION AND TREATMENT OF SEWER HIRT MEMBERSHIP FEE CDBG EXPENSE REIMBURSEMENT 1 GRANTS EXCESS WC INSURANCE ANNUAL LICENSE RENEWAL TIRES FOR CITY FLEET AS NEEDED FOR FY REMOVE/INSTALL GLASS MOUNT ANTENNA NEW EMPLOYEE FINGERPRINT TEST NC STORM WATER 2013-14 SHERLY LANE CHEMICAL SUPPLIES / NUTRITION EMPL DEVELOPMENT DEPT ERGONOMIC CHAIR & TASK CHAIR PLAN CHECK AND INSPECTION SERVICES LEAD & ASBESTOS PRE -RENOVATION INSPECTION CITY-WIDE PLUMBING PARTS & MATERIALS NO SMOKING SIGN EL TDYON PARK SUMMER MOVIES IN THE PARK AUGUST 8, 2014 EDUCATION VILLAGE LIABILITY CLAIM COSTS MOP#65179 BUILDINGS AND STRUCTURES PRE -EMPLOYMENT EXAMS / POLICE SUPPLIES FOR TINY TOTS ADA ENHANCE HIGHLAND 54-21-A10-CT22. POST CALIBRATION / FIRE EXHAUST FAN SHUTTER REPLACED MOP#45720 WAT 2013 CAL DAG B R & M CITY VEHI 7 of 47 ES & FITTINGS G DEPT DED FOR FY CITY-WIDE ALARM MONITORING 113 CHK NO DATE AMOUNT 313788 8/21/14 150.00 313789 8/26/14 266.00 313790 8/26/14 4,682.55 313791 8/26/14 252. DD 313792 8/26/14 3,000.0D 313793 8/26114 2,866.24 313794 8/26/14 1,606.39 313795 8/26./14 11,970.00 313796 8/26/14 78,29 313797 8/26/14 89.566.00 313798 8/26/14 25.92 313799 8/26/14 579.09 313800 8/26/14 1,033,13 313801 8/26/14 296.68 313802 8/26/14 40.00 313803 8/26/14 64.51 313804 8/26/14 675.00 313805 8/26/14 333.09 313806 8/26/14 750.00 313807 8/26/14 934.85 313808 8/26/14 42,184.02 313809 8/26/14 7,634.33 313810 8/26/14 2,610.00 313811 8/26/14 1,139.95 313812 8/26/14 804.84 313813 8/26/14 250.14 313814 8/26/14 770.00 313815 8/26/14 53,635.76 313816 8/26/14 1,177.50 313817 8/26/14 164.64 313818 8/26/14 9,055.00 313819 8/26/14 689.61 313820 8/26/14 2,798,50 313821 8/26/14 399.00 313822 8/26/14 246,69 313823 8/26/14 88.29 313824 8126/14 116.46 313825 8126114 408.00 313826 8/26/14 2,436.94 313827 8/26/14 15,000.00 313828 8126/14 1,685.23 313829 8/26/14 750.00 313830 8/26/14 1,186.22 313831 8/26114 5,4664.26 313832 8/26/14 600.00 313833 8/26/14 1,653.61 313834 8/26/14 47.25 313835 8/26./14 74.07 313836 8/26/14 1,075.35 313837 8/26/14 1,410,00 PAYEE JOHNSON, S KELLY PAPER CO KIMLEY HORN AND ASSOC INC KONICA MINOLTA LEAGUE OF CA CITIES LUFELOC TECHNOLOGIES MCDOUGAL LOVE ECKIS MCGOUGH, J MEYERS NAVE MOSSY NISSAN MUSTAFA MUNAWAR NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL DATE STAMP NCB LLC NGUOI VIET TODAY NEWS ORKIN PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROFORCE LAW ENFORCEMENT PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY QUESTYS SOLUTIONS RAUCH DETISCH & STEINKE RED WING SHOES RODRIGUEZ, M SAFRAN MORPHOTRUST SD COUNTY FIRE CHIEFS ASSN SD COUNTY POLICE CHIEFS SDG&E SEAPORT MEAT COMPANY SHINN, D SIGNA DIGITAL SOLUTIONS INC SMART & FINIAL SMART SOURCE OF CA LLC SOUTH BAY FENCE INC SOUTH BAY WINDOW & GLASS CO SPEX CRIMINALISTICS STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STEWARTS TITLE OF CALIFORNIA SWANK MOTION PICTURES INC SYSCO SAN DIEGO INC THE ENGRAVING STORE THE FILIPINO PRESS THE LEW EDWARDS GROUP THOMSON WEST WARRANT REGISTER # 9 8/26/2014 DESCRIPTION REIMB TINY TOTS SUPPLIES 3-NEENAH ASTROBRIGHT CARDSTOCK A AVENUE COPIER LEASE 7/1/14 - 7/31/14 2014 LEAGUE OF CA CITIES CONF / NATIVIDAD CALIBRATE AND TEST PAS DEVICE SERIAL LIABILITY CLAIM COSTS SUBSISTENCE: FIELD TRAINING OFFICER LEGAL / BUSINESS AMORTIZATION HEARING PARTS (OIL FILTER, OIL, FLUIDS) REFUND - T&A 90028 2702 C AVE AUTOMOTIVE EQUIPMENT CAR WASHES FOR CITY FLEET RIBBON REPLACEMENT FOR DATE STAMP REFUND: T&A 1795 2331 I AVE NOTICE OF ELECTION (VIETNAMESE) PEST CONTROL PACIFIC TELEMANAGEMENT PAY PHONE JANITORIAL SUPPLIES / NUTRITON CENTER R & M CITY VEHICLES AS NEEDED FOR FY AUTOMOTIVE PARTS MOP# 45707 MATERIALS AND SUPPLIES TASER X26E NO HOLSTER PUBLIC WORKS RELOCATION MOP 45742. LAUNDRY SERVICES / PARKS QUESTYS SOFTWARE SUPPORT SVCS PLAZA BLVD., WIDENING PROJECT SAFETY FOOTWEAR BOOTS BROWN REIMB - FBINAA 2014 ANNUAL TRAINING INVESTIGATIVE SERVICES ANNUAL MEMBERSHIP / POLICE MEMBERSHIP RENEWAL / POLICE STREET DIVISION GAS & ELECTRIC CHARGES MEATS / NUTRITION CENTER REIMB: TINY TOTS SUPPLIES REPAIR CANON IPF755 MOP 45756. SUPPLIES FOR FIRE DEPT FY2013/14 PRINTING OF BUDGET BOOKS CITY-WIDE FENCE INSTALLATION & REPAIRS CITY-WIDE WINDOW/DOOR/MIRROR LAB SUPPLIES RFQ #1140 WILSON & HOOVER FIBER OPT. MOP 45704. OFFICE SUPPLIES / CITY ATTORN 727585 TITLE REPORTS MOVIE LICENSE - MOVIES IN THE PARK CONSUMABLES / NUTRITION CENTER FLAG BOXES, Mc - `GOMEZ, BENDIX NOTICE OF ELEC 8 Of 47 OG) STRATEGIC ANAL ONLINE LEGAL RESEARCH 2/3 CHK NO DATE AMOUNT 313838 8/26/14 143.69 313839 8/26/14 137.07 313840 8/26/14 24,397.53 313841 8/26/14 9,107.14 313842 8/28/14 550.00 313843 8/26/14 109.71 313844 8/26/14 9,538,13 313845 8/26/14 640.00 313846 8/26/14 375.00 313847 8/26/14 61.36 313848 8/26/14 20,000.00 313849 8/26/14 678.30 313850 8/26/14 1,005.00 313851 8/26/14 21.44 313852 8/26/14 38.72 313853 8/26/14 30.00 313854 8/26/14 751.46 313855 8/26/14 228.00 313856 8/26/14 106.65 313857 8/26/14 2,023.53 313858 8/26/14 784.53 313859 8/26/14 553.86 313860 8/26/14 9,624.42 313861 8/26/14 72,238.27 313862 8/26/14 358.43 313863 8/26/14 13,716.85 313864 8/26/14 156.84 313865 8/26/14 375.00 313866 8/26/14 450.00 313867 8/26/14 46.00 313869 8/26/14 100.00 313870 8/26/14 350.00 313871 8/26/14 113,786.19 313872 8/26/14 3,115.16 313873 8/26/14 61.61 313874 8/26/14 893.73 313875 8/26/14 151.83 313876 8/26/14 1,682.31 313877 8/26/14 925.00 313878 8/26/14 553.20 313879 8/26/14 32.75 313880 8/26/14 6,062.50 313881 8/26/14 513.46 313882 8/26/14 2,850.00 313883 8/26/14 359.00 313884 8/26/14 2,657.00 313885 8/26/14 306.47 313886 8/26/14 40.00 313887 8/26/14 3,246.75 313888 8/26/14 798.72 PAYEE LIEDIKE, T TIP OF SAN DIEGO COUNTY TODD PIPE & SUPPLY LLC TORRES, E U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNION TRIBUNE UNITED RENTALS UNITED ROTARY BRUSH CORP V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VINTNERS DISTRIBUTORS INC VISION SERVICE PLAN (CA) VISTA PAINT WAXIE SANITARY SUPPLY WESLEY ANDERSON WEST PAYMENT CENTER WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WIRED PAYMENTS TRISTAR RISK MANAGEMENT 3/3 WARRANT REGISTER # 9 8/26/2014 DESCRIPTION CHK: NO DATE AMOUNT REFUND: T&A 90050 3747 KELLIE CT 313889 8126/14 1,000,00 CDBG EXPENSE REIMBURSEMENT / GRANTS 313890 8126/14 8,000.00 PLUMBING MATERIALS, PARTS, AND SUPPLIES 313891 8/26/14 757,54 ZUMBA CLASS FY 2014 313892 8/26/14 228.00 MEDICAL SERVICES 313893 8/26/14 81.00 UNDERGROUND SERVICE ALERT CHARGES 313894 8126/14 355.50 SOQ GUARANTEED ENERGY 313895 8/26/14 410,00 YARD CONCRETE BATCH PLANT MIX 313896 8/26/14 190.80 STREET SWEEPER REPAIRS 313897 8/26114 1,789.95 BADGES / POLICE 313898 8/26/14 613.15 MOP#46453 PLUMBING MATERIALS 313899 8126114 405.42 VERIZON CELL SERVICE FY14 313900 8/26/14 410.40 REFUND: T&A 1778 1601 8TH ST. E 313901 8/26/14 1,939.75 VISION SVC PLAN (CA) AUG 2014 313902 8/26/14 269.07 MOP 68834 PAINT CONCRETE GRAY - NSD 313903 8/26/14 2,219.36 MISCELLANEOUS JANITORIAL SUPPLIES 313904 8126/14 2,055.50 SUBSISTENCE: CA PEER SUPPORT 313905 8/26114 333.09 WESTLAW FOR THE MONTH OF MAY 313906 8126/14 782.72 CLEAR INVESTIGATIVE DATABASES/JUL 2014 313907 8/26/14 464.21 REPAIR - REPACKING KIT FOR MSS-55 313908 8/26114 1,041.42 JULY 2014 WC REPLENISHMENT GRAD) TOTAL A/P Total 622899 8/21/14 604,704.89 37,476.20 $ 642,181.09 9 of 47 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK R BERTS, INANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J, MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 721 OF OCTOBER, 2014. AYES NAYS ABSENT 10 of 47 CC/CDC Agenda 10/7/2014 — Page 11 Attached documents for item Warrant Register #10 for the period of 8/27/14 through 9/02/14 in the amount of $3,540,187.67 (Finance) 11 of 47 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. ITEM TITLE: Warrant Register #10 for the period of 8/27/14 through 9/02/14 in the amount of $3,540,187.67 (Finance) PREPARED BY: K. Apalategui. PHONE:-619-336-4572 DEPARTMENT: Fan APPROVED BY: -' EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 8/27/14 through 9/02/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Checkfire Amount Explanation Kimley Horn and Assoc 313911 187,054.12 A Avenue Project Esgil Corporation 313946 56,954.65 Plan check and Inspection Svcs Health Net Inc 313960 61,667.79 Insurance R1191A Sep 2014 Kaiser Foundation 313970 167,364.26 Insurance Active Sep 2014 Safdie Rabines Architects 314011 102,229.41 National City Aquatic Center Stack Traffic Consulting 314022 71,439.24 Kimball Park Project San Diego Co Auditor 634255 572,596.00 LMIHF DDR MC Determination Public Emp Ret System 8292014 313,583.93 Service Period 8/5/14 — 8/18/14 FINANCIAL STATEMENT: APPROVED: 4, / t f4, Finance ACCOUNT NO. APPROVED: MIS Reimbursement total $3,540,187.67 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $3,540,187.67 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #10 12 of 47 rrA F 1/4 PAYEE ATKINS NORTH AMERICA INC HARRIS & ASSOCIATES INC KIMLEY HORN AND ASSOC INC NINYO & MOORE SOUTHERN CALIFORNIA SOIL & ACEDO, I ACME SAFETY & SUPPLY CORP ALLEN, R ANDERSON, E BEARD, P BECK, L BEVERIDGE, M BISHOP, R BOEGLER. C BOYD, P BROADWAY AUTO GLASS CAPF CALIFORNIA LAW ENFORCEMENT CITY OF SAN DIEGO COLE, L CONDON, D CORPUZ, T COUNTY OF SAN DIEGO DALEY & HEFT LLP DANESHFAR, Z DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DOUG DAUGHN T & D ELECTRIC DREDGE, J DREW FORD HYUNDAI EISER III, G ESGIL CORPORATION FABINSKI, D FAT PIPE NETWORKS FON-JON KENNELS GELSKEY, K GIBBS JR, R GRAINGER GREEN MECHANICAL CONTRACTORS GUNDERT, M HANSON, E HAUG, S HEALTH NET HEALTH NET cl)RIP Er AT WARRANT REGISTER 1410 9/2/2014 DESCRIPTION NC TAX ROLL PREP 2014 EL TOYON PARK PLAN CHECK A AVENUE PROJECT AQUATIC CTR SOIL TESTING 8TH SMART GROWTH RETIREE HEALTH BENEFITS SEP 2014 28 - CONES RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 ED REIMBURSEMENT RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 LEFT SIDE MIRROR DRIVER SIDE FIRE LTD SEPTEMBER 2014 PD LTD SEPTEMBER 2014 REPLACE RADIO CASES RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 SHARE OF PC REVENUE - JULY 2014 LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS SEP 2014 MOP# 76986 TIRES DENTAL INS PREMIER SEP 2014 COBRA DENTAL INS - JULY 2014 PM! DENTAL INS SEP 2014 COBRA DENTAL INS - JULY 2014 INVESTIGATIVE SERVICES - JULY 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 REFUND - INSPECTION FEE PERMIT#72721 RETIREE HEALTH BENEFITS SEP 2014 MOP#49078 AUTOMOTIVE PARTS RETIREE HEALTH BENEFITS SEP 2014 PLAN CHECK AND INSPECTION SERVICES RETIREE HEALTH BENEFITS SEP 2014 FATPIPE RENEWAL KENNEL FEES FOR POLICE K9'S RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 MOP# 65179 BUILDINGS AND STRUCTURES CITY-WIDE HVAC REPAIRS AND REPLACEMENT RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALT EP 2014 RETIREE HEALT 13 of 47 EP 2014 HEALTH FULL NETWORK 57135A SEP'14 HEALTH NET INS N5992F/57135J SEP'14 CHK NO DATE AMOUNT 313909 9/2/14 8,729.50 313910 9/2/14 7,915.00 313911 9/2/14 187,054.12 313912 9/2/14 12,909.00 313913 9/2/14 5,877,50 313914 912/14 160.00 313915 9/2/14 497.48 313916 9/2/14 125.00 313917 912/14 110.00 313918 912/14 70.00 313919 912114 140.00 313920 9/2/14 165.00 313921 9/2/14 110.00 313922 9/2/14 260.00 313923 9/2/14 145.00 313924 9/2/14 52.92 313925 9/2/14 624.00 313926 9/2/14 1,984.50 313927 9/2/14 305.80 313928 9/2/14 165.00 313929 9/2/14 280.00 313930 9/2/14 140.00 313931 9/2/14 12,299.00 313932 9/2/14 6,978.55 313933 912/14 250.00 313934 9/2/14 658.57 313935 9/2/14 14,290,68 313936 9/2/14 132.07 313937 9/2/14 2,887.50 313938 9/2/14 33.00 313939 9/2/14 258.00 313940 9/2/14 110,00 313941 9/2/14 70,00 313942 9/2/14 372.00 313943 9/2/14 250.00 313944 9/2/14 275.11 313945 9/2/14 250.0D 313946 9/2/14 56, 954.65 313947 9/2/14 220.00 313948 9/2/14 2,640.00 313949 9/2114 422.50 313950 9/2/14 115.00 313951 9/2114 120.00 313052 9/2/14 1,439.36 313953 9/2/14 2,626.25 313954 9/2/14 350.00 313955 9/2/14 135.00 313956 9/2/14 120.00 313957 9/2/14 5,153.90 313958 9/2/14 1,528.85 PAYEE HEALTH NET HEALTH NET INC HERNANDEZ, A HODGES, B HOME DEPOT CREDIT SVCS HONDO, E HONEYWELL INTERNATIONAL INC JAMES, R BARTOLO, J JOHN'S LOCK & SAFE SERVICE JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KIMLEY HORN AND ASSOC INC L N CURTIS & SONS LANDA, A LIMFUECO, M LOUNSBERY FERGUSON MALDONADO, J MATIENZO, M MC CABE, T MEDINA, R MURRAY, J MYERS, B NATIONAL CONSTRUCTION RENTAL NOSAL, W NOTEWARE, D OCHOA, I OFFICE SOLUTIONS BUSINESS OLIVEWOOD GARDENS ORKIN PAUU JR, P PEASE JR, D PERRY FORD PERRY MOTORS OF NAT CITY LLC PETERS, S POST, R POTTER, C POWERSTRIDE BATTERY CO INC PRENDELL,E PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RAY, S RESTORATION MANAGEMENT CO ROARK, L WARRANT REGISTER #10 9/2/2014 DESCRIPTION HEALTHNET INS N5992A SEP 2014 HEALTH NET INS R1192A SEP 2014 EDUCATIONAL REIMBURSEMENT RETIREE HEALTH BENEFITS SEP 2014 SCREW DRIVERSET RETIREE HEALTH BENEFITS SEP 2014 CITY-WIDE HVAC MAINTENANCE FOR FY 2015 RETIREE HEALTH BENEFITS SEP 2014 REFUND OF PERMIT FEE OPEN SAFE PER SEARCH WARRANT RETIREE HEALTH BENEFITS SEP 2014 KAISER INSURANCE ACTIVE SEP 2014 KAISER RETIREES INS SEP 2014 KAISER RETIREES INS SEP 2014 KAISER H S A INS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 ATP GRANT APPLICATIONS EMS JACKETS, POLY NAVY RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 PROFESSIONAL SERVICES - JULY 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 FENCE RENTAL FOR PALM PLAZA PROJECT RETIREMENT SETTLEMENT SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 ALERA VEON EXEC HI -BACK CHAIR SEEDLING SOIREE PEST CONTROL SERVICES RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 MOP#45703 AUTOMOTIVE EQUIPMENT LABOR- CHANGE OIL AND FILTER RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 MOP# 67839 MILEAGE REIMB - CSMFO TRAINING MOP# 45707 PLUMBING MATERIALS 8TH ST SAFETY ENHANCE MOP# 45742 LAUNDRY AND CLEANING SERVICES PRO STRETCH S D RETIREE HEALT 1 4 of 47 P 2014 LEAD ABATEME RETIREE HEALTH BENEFITS SEP 2014 2/4 CHK NO DATE AMOUNT 313959 9/2114 525.07 313960 9/2114 61,667.79 313961 9/2/14 1,728.00 313962 9/2/14 200.00 313963 9/2/14 238.53 313964 9/2/14 110.00 313965 9/2/14 33,965.63 313966 9/2/14 140.00 313967 9/2/14 162.50 313968 9/2/14 325.00 313969 9/2/14 50,00 313970 9/2/14 167,364.26 313971 9/2114 19, 859.91 313972 9/2/14 10,346.37 313973 9/2/14 3,342.85 313974 9/2/14 300.00 313975 9/2/14 21,359.98 313976 9/2/14 7,215.80 313977 9/2/14 155.00 313978 9/2/14 160.00 313979 9/2/14 626.61 313980 9/2/14 130.00 313981 9/2/14 100.00 313982 9/2/14 280.00 313983 9/2/14 105.00 313984 9/2114 150.00 313985 9/2/14 140.00 313986 9/2/14 790.70 313987 9/2/14 1,217.74 313988 9/2/14 120.00 313989 9/2/14 125.00 313990 9/2/14 248.52 313991 9/2/14 60.00 313992 9/2/14 350.00 313993 912/14 340.00 313994 9/2/14 140.00 313995 9/2/14 46.15 313996 9/2/14 168.80 313997 9/2/14 290.00 313998 9/2/14 280.00 313999 9/2/14 150.00 314000 9/2/14 219.53 314001 9/2/14 19.60 314002 9/2/14 1,095.36 314003 9/2/14 36,429.58 314004 9/2/14 1,057.01 314005 9/2/14 83.39 314006 9/2/14 190.00 314007 9/2/14 6,493.78 314008 9/2/14 135.00 PAYEE ROE, V RUIZ, J SAFDIE RABINES ARCHITECTS SAFRAN MORPHOTRUST SDCTOA SERVATIUS, J SHORT, C SMART & FINAL SMART SOURCE OF CA LLC SMITH, J SOUTH BAY MOTORSPORTS SOUTHERN CALIFORNIA SOIL SPRINT STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STRASEN, W SUN BADGE COMPANY INC SWEETWATER AUTHORITY THE LINCOLN NATIONAL LIFE INS TIPTON, B TORRES, E TRIVIZ, R U S HEALTHWORKS URIAS, N URS CORPORATION VCA EMERGENCY ANIMAL HOSPITAL CORTES, V WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WHITE, J WILLY'S ELECTRONIC SUPPLY ZIETLOW, 0 ALDEMCO BANK OF AMERICA PUBLIC & BEAUCHAMP FAMILY COMMERCIAL BEVERIDGE, M CITY NATIONAL BANK CLAIMS MANAGEMENT ASSOCIATES COX COMMUNICATIONS DUNBAR ARMORED INC GUITAR CENTER STORES INC LOPEZ, T MASON'S SAW & MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS POWER PLUS PUN & MCGEADY SAN DIEGO GAS & ELECTRIC SDG&E STAPLES ADVANTAGE WARRANT REGISTER #10 9/2/2014 DESCRIPTION RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 NATIONAL CITY AQUATIC CTR INVESTIGATIVE SERVICES ANNUAL MEMBERSHIP DUES RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 MOP 45756 MISC SUPPLY - FIRE NOTICE OF CORRECTION FORM RETIREE HEALTH BENEFITS SEP 2014 R & M CITY VEHICLES AS NEEDED FY 2014 STH ST SAFETY ENHANCE PHONE SERVICE KIMBALL PARK MOP 45704 OFFICE SUPPLIES - S8 RETIREE HEALTH BENEFITS SEP 2014 TWO TONE CAP PIECE, SINGLE POST FACILITIES DIVISION WATER BILL FOR FY LIFE & AD&D STD LTD INS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 ZUMBA CLASSES - AUG 2014 RETIREE HEALTH BENEFITS SEP 2014 MEDICAL SERVICES RETIREE HEALTH BENEFITS SEP 2014 KIMBALL MORGAN TOWERS STRAY ANIMAL VET CARE REFUND - PERMIT FEES #71016 MISCELLANEOUS JANITORIAL SUPPLIES CA CODE UPDATES RETIREE HEALTH BENEFITS SEP 2014 MOP 45763 MISC SUPPLIES - FIRE RETIREE HEALTH BENEFITS SEP 2014 CONSUMABLES / NUTRITION CAT LOADER EQUIPMENT LEASE AUGUST LEASE PAYMENT / 1640 HOOVER AVE EDUCATIONAL REIMBURSEMENT LEASE PAYMENT #10-005/ ENERGY RETRO RISK MANAGEMENT SVCS / AUG 2014 COX INTERNET SERVICES FY15 ARMORED SERVICES / FINANCE MACKIE PROFX12 12CH COMPACT FX MIXER TRANSLATION SERVICES - 8/05/14 & 8/20/14 MOP 45729. SUPPLIES FOR PARKS DEPT LEGAL / NC ADV GENERAL BEAD LIABILITY CLAIMS COSTS EQUIPMENT RENTAL / S A AUDITING SERVI GAS & ELECTRI • 15 of 47 ENTER GAS AND ELECT - r / S A MOP 45704. OFFICE SUPPLIES / RISK 3/4 CHK NO DATE AMOUNT 314009 9/2/14 120.00 314010 9/2/14 310.00 314011 9/2/14 102,229,41 314012 9/2/14 14.00 314013 9/2/14 50.00 314014 9/2/14 340.00 314015 9/2/14 300.00 314016 912/14 276.60 314017 9/2/14 518.21 314018 9/2/14 320.00 314019 9/2/14 767.99 314020 9/2/14 11,778.00 314021 9/2/14 23.10 314022 9/2114 71,439.24 314023 9/2114 331.01 314024 9/2/14 135.00 314025 9/2/14 67.59 314026 9/2/14 27.71 314027 9/2/14 8,892.78 314028 9/2/14 250.00 314029 9/2/14 8.00 314030 9/2/14 135.00 314031 9/2/14 175.00 314032 9/2/14 125.00 314033 9/2/14 782.00 314034 9/2/14 140.08 314035 9/2/14 498,00 314036 9/2/14 2,247.22 314037 9/2/14 320.03 314038 9/2/14 230.00 314039 9/2/14 69.18 314040 9/2/14 150.00 314041 9/2/14 4,976.52 314042 9/2/14 3,077.02 314043 912/14 6,600.00 314044 9/2/14 225.00 314045 9/2/14 43,101.10 314046 9/2/14 4,965.00 314047 9/2/14 3,094.66 314048 9/2/14 548.97 314049 9/2/14 304.49 314050 9/2/14 350.00 314051 9/2/14 1,430,03 314052 9/2/14 5,449.75 314053 9/2/14 2,685.00 314054 9/2/14 195.00 314055 9/2/14 5,000.00 314056 9/2/14 3,143.47 314057 9/2/14 194,62 314058 9/2/14 35.53 4/4 WARRANT REGISTER #10 9/2/2014 PAYEE DESCRIPTION CHK NO DATE AMOUNT SYSCO SAN DIEGO INC CONSUMABLES / NUTRITION CENTER 314059 9/2/14 4,923.35 TURF STAR GROUNDSMASTER 3280D 2WD DIESEL 24.8HP 314060 9/2/14 41,517.23 URBAN FUTURES FINANCIAL ADVISORY SERVICES 314061 9/2/14 337.50 ZIONS BANK LEASE PAYMENT / 800 MHZ EQUIPMENT 314062 9/2/14 48,678.25 WIRED PAYMENTS SAN DIEGO COUNTY AUDITOR PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period 18 LMIHF DDR MC DETERMINATION SERVICE PERIOD 08/05/14 - 08/18/14 Start Date End Date 8/27/2014 9/2/2014 Start Date End Date Check Date 8/19/2014 9/1/2014 9/10/2014 GRAND TOTAL A/P Total 1,103,460.91 634255 8/27/14 572,596.00 8292014 8/29/14 313,583.93 696,883.73 853,663.10 $ 3 540 187.67 16 of 47 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBER , FINANC LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, V10E-MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 7th OF OCTOBER, 2014. AYES NAYS ABSENT 17 of 47 CC/CDC Agenda 10/7/2014 — Page 18 Attached documents for item Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the agreement with Coxcom, Inc. extending the terms to lease video and data services for 60 months in the annual not - to -exceed amount of $48 18 of 47 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 10-07-2014 AGENDA ITEM NO. xx ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the agreement with Coxcom, Inc. extending the terms to lease video and data services for 60 months in the annual not -to -exceed amount of $48,840. PREPARED BY: Ron Williams DEPARTMENT: ; ,,+ ; ' :i e ervices PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The current agreement between National City and Coxcom Inc. provides for cable video services and a 65MB Internet data circuit through October 19, 2015. The increased usage of public wireless at the National City library, and other city facilities, has increased the demand for network bandwidth beyond the current 65MB circuit. During peak times of high network utilization, this causes noticeable network slowness across the City's internal network, and the public wireless network. This is particularly noticeable when utilizing web -based applications on the Internet, and can result in decreased staff productivity. The proposed solution would increase the City's Internet circuit's bandwidth from 65MB to 100MB and add an additional 50MB Internet circuit solely for public computers and public wireless access. This would provide sufficient bandwidth for both the City's internal network and public wireless egress points to the Internet, resulting in a noticeable reduction in network slowness. Staff recommends executing second amendment with Coxcom, Inc. for a 60 month term. FINANCIAL STATEMENT: ACCOUNT NO. 631-403-082-248-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Contract Amendment 19 of 47 SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COXCOM, INC. THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is made as of the 7th day of October, 2014 (the "Effective Date") by and between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and COXCOM, INC.; COX CALIFORNIA TELCOM, LLC, a corporation ("Cox"). RECITALS A. Cox and the City entered into that certain Agreement dated June 3, 2008 (the "Agreement") for the provision of commercial Internet services (the "Services") to City for the purposes set forth in that certain Resolution No. 2008-98 (the "Resolution"), which is attached hereto as Exhibit "A" and made a part hereof, and B. Cox and the City entered into a First Amendment dated October 19, 2010 (the "Agreement"), to extend the term for a period of five years from Oct 19, 2010 to October 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video services set forth in that certain Resolution No. 2010-237 (the "Resolution"), which is attached hereto as Exhibit "B" and made a part hereof, and C. Cox and the City desire to amend and modify certain terms and conditions of the Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Cox and the City hereby agree as follows: 1. Definitions. Any capitalized terms used in this Amendment not otherwise defined herein shall have the meaning ascribed to such term as set forth in the Agreement. 2. Amendments. a. Cox and the City hereby agree to extend the term of the Agreement for a period of five (5) years upon the same terms and conditions as set forth in the Agreement, and said extended term (the "Extended Term") shall commence upon the Effective Date of this Amendment and shall expire on October 19, 2019. b. Cox and City hereby agree to renew and increase the existing Cox Optical Internet Services ("Cox Optical Internet 60Mbps" to "Cox Optical Internet 1 00Mbps"), as set forth in Exhibit "C", with a monthly recurring charge October 7, 2014 1 Second Amendment to Agreement City of National City and CoxCom, LLC 20 of 47 ("MRC") of $2,200.00, which shall reduce the MRC under the previous Agreement for said services. c. Cox and City hereby agree to add a new Cox Optical Internet Service at 1243 National City Boulevard ("Cox Optical Internet 50Mb"), as set forth in Exhibit "C", with an MRC of$1,300.00 and $0.00 installation fee. d. Cox and City hereby agree to add a new Cox Business Internet ("CBI 25Mb/5Mb") at 1415 D Avenue, National City, CA 91950 (Nutrition Center), as set forth in Exhibit "D", with an MRC of $174.00 and $0.00 installation fee. e. The City shall renew Cox Expanded Basic (Commercial Standard Cable) video service (the "Video Service") for certain locations within the City of National City, as set forth in Exhibit "E", with an MRC of $15.00 per outlet, Video Service shall be subject to the same terms and conditions as set forth in the Agreement, except as otherwise set forth herein. Cox shall provide thirteen (13) CATV video outlets for the distribution of the Video Service at the addresses set forth on Exhibit "F" (the "City Locations"), which is attached hereto and made a part hereof. Except where applicable law requires a different channel line-up, the Video Service shall consist of Cox standard channel line-up and video programming channels and video signals for the applicable Service Area as listed in Exhibit "G", which is attached hereto and made a part hereof. The video signals and channel line-up may be modified from time -to -time by Cox in its sole discretion. The City acknowledges and agrees that (i) the programming and information contained in the Video Service may not be changed or altered by the City or its agents; (ii) because Cox makes use of certain programming owned by others in providing the Video Service, Cox is not guaranteeing the provision or future availability of any particular program or channel, and the City will make no claims nor undertake any legal action against any person or entity, including Cox's programmers or vendors, if certain programming is interrupted, discontinued or substituted. Cox may change video service prices periodically during the Extended Term (or any renewal tenn) of the Agreement upon thirty (30) days prior written notice. The City shall have no claim against Cox if any video channel is modified or deleted by any programmer supplying such content to Cox. Cox may restrict the display of certain programming or video Services to certain areas at or within the City Locations. If the City engages in a public performance of any copyrighted material contained in the Video Service provided under this Agreement, the City, and not Cox, shall be responsible for obtaining any public performing licenses. In the event that, during the Extended Term (or any renewal term) of the Agreement, Cox begins to transition certain channels in the standard channel lineup from an analog transmission to a digital transmission, in order to continue receiving such channels which were formally delivered by analog transmission, the City will need to rent from Cox either a digital receiver for each video outlet or digital insertion equipment. if digital insertion equipment is required, Cox will charge the City an installation fee, Title to the digital receiver and the digital insertion equipment and all other equipment provided to the City by Cox will October 7, 2014 2 Second Amendment to Agreement City of National City and CoxCom, LLC 21 of 47 remain with Cox at all times. In order to receive the Video Service, the City must have the necessary equipment to receive the Video Service (e,g. TVs) and, at all times during the Extended Term (or any renewal term) of the Agreement, the City is responsible for ensuring that such equipment is compatible with the Video Service. For example, if Cox provides the City with an encrypted signal for the Video Service, the City must have equipment with decryption capabilities that are satisfactory to Cox. g. The City gives Cox the right and license during the Extended Term (or any renewal term) of the Agreement to enter the City Locations during reasonable hours to install, connect, disconnect, transfer, inspect, improve, maintain, service, repair, remove and/or replace any portion of the equipment used to provide the Video Service, and to do all other things necessary to ensure its continued operation. Upon expiration of the Extended Term (or any renewal term) or earlier termination of the Video Service in accordance with the Agreement, Cox shall have the right to enter the City Locations and remove its equipment, subject to the provisions set forth herein, The parties agree to reasonably cooperate fully and promptly with each other during the Extended Term (or any renewal term) of the Agreement. h. For technical reasons, Cox may have to provide signal feeds for several premium movie channels (e.g. HBO, Cinemax, Starz, Encore, Showtime), up to the Demarcation Point for the City Locations. For purposes of the Agreement, the "Demarcation Point" shall be the final coaxial cable connection that hands off video feeds to the City's internal wiring system. The City is responsible for all equipment and wiring past the Demarcation Point. If the City contacts Cox regarding a service problem and Cox confirms that Cox has been providing a signal to the Demarcation Point and that all Cox provided equipment is functioning correctly, the City shall be responsible for paying Cox's standard service call fee. For the avoidance of doubt, past the Demarcation Point, The City is only authorized to receive the signal for the channels) that is specifically listed on Exhibit G to this Amendment, even if Cox provides signals for several channels up to the Demarcation Point. If the City receives or attempts to receive a signal for a premium movie channel or any channel past the Demarcation Point and such channel is not listed above, this shall be a material breach of this Agreement by the City and Cox reserves the right to immediately terminate the Video Service and/or require that the City immediately pay all applicable early termination fees and/or require that the City pay Cox the standard fee Cox would have charged the City had the City contracted with Cox to receive the signal as of the date Cox first provided the Video Service to the City under the Agreement. The City shall indemnify, defend and hold Cox, its parents and affiliates, harmless from any claims arising from the City's unauthorized use of any channel. Cox reserves the right to audit the City Locations from time to time during the Extended Tenn (or any renewal term) to determine if the City is receiving any signals for any channels that the City is unauthorized to receive. October 7, 2014 3 Second Amendment to Agreement City of National City and CoxCom, LLC 22 of 47 i. The City agrees not to add or attempt to add additional video outlets using the video signal feed provided by Cox, without Cox's consent. The City is responsible for the costs of all additional video outlets that receive the video signal feed provided by Cox. The City must notify Cox of any additional video outlets that receive the Cox video feed during the Extended Term (or any renewal term) of the Agreement. 3. Except as contained herein, the terms of the Agreement remain in full force and effect, however, in the event of any inconsistency between the terms and provisions of this Amendment and the other terms and provisions of the Agreement, the terms and provisions of this Amendment shall be controlling for all purposes and in all respects. 4. This Amendment may be executed by facsimile and in counterparts, and an executed facsimile copy of this Amendment shall be deemed to be an original for all purposes. IN WITNESS WHEREOF, Cox and City have caused this Amendment to be executed as of the Effective Date CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney October 7, 2014 COXCOM, INC., COX CALIFORNIA TELCOM, L.L.0 (Corporation - signatures of two corporate officers required) (Partnership- one signature) By: (Name) (Print) (f'itle) By: (Name) (Print) (Title) 4 Second Amendment to Agreement City of National City and CoxCom, LLC 23 of 47 EXHIBIT A RESOLUTION NO. 2008 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE A 36-MONTH LEASE AGREEMENT WITH COX COMMUNICATIONS, INC, TO LEASE A 60MB DATA CIRCUIT IN THE ANNUAL AMOUNT OF $43,200 WHEREAS, the City currently leases a 10MB circuit and a 1.5MB circuit from AT&T at a cost of $30,840 annually; and WHEREAS, the 10MB circuit is dedicated for library use only, leaving the 1.5MB circuit for the remaining City Internet traffic; and WHEREAS, the City's current bandwidth for Internet purpo :es is not adequate to support the types of network traffic that will be generated by the City's new website; and WHEREAS, staff recommends leasing a 60MB data circuit in the annual amount of $43,200 from Cox Communications, Inc. (Cox) because Cox owns Iacai fiber infrastructure throughout National City, their pricing is competitive within the industry, and no further purpose would be served by issuing a format bid; and WHEREAS, pursuant to Section 12.60_220(D) of the National City Municipal Code, the Purchasing Agent rnay dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is hi the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE. BE IT RESOLVED that the City Council finds that special circumstances exist, and authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a 36-month Lease Agreement with Cox Communications, Inc. for a 60MB Data Circuit In the annual amount of $43,200_ Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2008: ATTEST: ael R. Della, Cy. Clerk APPROVED AS TO FORM George H. Eisar, 111 City Attorney Ron Morrison, 24 of 47 (Page 26 or 26) EXHIBIT A Passed and adopted by the Council of the City of National City, California, on June 3. 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Zarate. Nays: None. Absent: Councilmembers Natividad, Ungab. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City lark of the City National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-98 of the City of National City, California, passed and adopted by the Council of said City on June 3, 2008. City Clerk of the City of National City, California 25 of 47 (Page 28 «f 28) EXHIBIT A City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Delia, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 18, 2008 Mr. Richard Gonzalez Coxcorn, Inc. 5159 Federal Blvd. San Diego, CA 92105 Dear Mr. Gonzalez, On June 34, 2008, Resolution No. 2008-98 was passed and adopted by the City Council of the City of National City, authorizing execution of a lease agreement with Cox Communications, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, a Michael R. Daila, CMC City Clerk Enclosures cc: MIS Dept Mark F. Padilla, Cox Communications ® Recycled Paper 26 of 47 (Page 21 of 24) EXHIBIT B RESOLUTION NO. 2010 — 237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT W ETH COXCOM, INC., FOR THE LEASE OF VIDEO AND DATA SERVICES IN THE ANNUAL NOT TO EXCEED AMOUNT OF $39,000 WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-98, approving a 36-month Lease Agreement between the City of National City and CoxCom, Inc., to lease a 60mb Data Circuit in the annual amount of $43,200; and WHEREAS, the State of California Digital Infrastructure and Video Competition Act (DIVCA) now requires payment for cable services previously provided free of charge under the National City Franchise Agreement with Coxcom, Inc.; and WHEREAS, the City and CoxConn, Inc., desire to amend the Lease Agreement by extending the term fora period of five years from Oct 19, 2010 to Ober 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video service; and WHEREAS, this First Amendment amends the Lease Agreement to bring the City into compliance with DIVCA requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with CoxCom, Inc., to extend the term for a period of five years, expiring on October 19, 2015, for the lease of video and data services in the annual not to exceed amount of $39,000, and to bring the tease Agreement into compliance with the requirements of the State of California Digital Infrastructure and Video Competition Act. Said First Amendment to the Lease Agreement is on file in the orifice of the City Clerk. PASSED and ADOPTED this 19th day of October - + 10 ATTEST; 1 aei R. II Min Della, City Cleric Morrison, Ma 27 of 47 (Fags 22 GC 24) EXHIBIT B Passed and adopted by the Council of the City of National City, California, on October 19, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sateio-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California te City Cle of the City of ational City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-237 of the City of National City, California, passed and adopted by the Council of said City on October 19, 2010. City Clerk of the ally of National City, California By: Deputy 28 of 47 Otago 24 of 24) EXHIBIT B G.ALlF:8RN {; ,- 1.41430 r r canpalivrlm October 21, 2010 Mr. Richard Gonzalez CoxCom, Inc. 5159 Federal Blvd. San Diego, CA 92105 Dear Mr. Gonzalez, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael A. Dalla, CMC - City Clerk 61 A :336-4228 phone • 619-a' 6-4229 fax On October 19th, 2010, Resolution No. 2010-237 was passed and adopted by the City Council of the City of National City authorizing execution of the First Amendment to the Agreement with CoxCom, Inc. We are forwarding for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, Esther 8. Clemente Deputy City Cferk Enclosures cc: MIS Dept. 29 of 47 pox + Business" EXHIBIT C Amendment to Commercial Services Agreement (19/U812014 Cox Account Rep: Phone Number: avid Horowitz 619-269-2416 Fax Number: Cox System Address; 5159 Federal Blvd San Diego, CA 92105 'Customer 1nftatsi ltilln eget Company ._ iiyofNationalCty Namc: treet A dress: ity/ State/ Zip: Illing Address: ty/ State/ Zip: ox Account #: 1243 NATIONAL CITY BLVD NATIONAL CITY, CA - 91950 1243 NATIONAL CITY BLVD NATIONAL CITY, CA - 91950 08152501 Au.thonted CistpmerPepse5enttive YnMarmation Full Name: Ron Williams Billing Contact: 'CFax: ontact Number: 619-336-4240 Email Address: rwilliams)nationalcityca.gov Service Description Cox Optical Internet 50 Mbps - Additional Features Cox Optical Internet 100 Mbps - Additional Features Totals: _ Toms "Rd Fria eat inch ie0 Prey New Unit Q�Y QTY Price 1 Term (Months) Service Charges Monthly Recu rring One Time Activation & Setup Fees 1,300.00 60 1,300.00 0.00 0.00 0.00 0.00 2,200.00 60 2,200.00 0.00 0.00 0.00 0.00 3,500.00 0.00 Description ulpmentlC atp _ . Quantity Unit Price Total Fee [%reir aria pyrcrar Q+alsfFra#drvecec�laeJ: — — 777 {,ftiiit ii, , For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By Initialing here and signing below. Customer represents that at least 10% of the traffic on the designated cireuit(9) 15 Inter -State in nature or is lntemct traffic, ,P t't11or_tron s By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.eox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Signature: Print: Title Position: Cox Communications San Diego, LLC, d/ bfa Cox Business; Cox California Telcom, LLC Date: Signature: Print: Title Position: Date: ion?.a , 1'1^014 30 of 47 01 This "Agreement" includes the terms and conditions (i) on the previoue or, If In the Cox Business e-commerce environment, as selected above t e "Cover Page"); (ii) an this page, Including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http:/Iww2.cox.com/abautus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained In tariffs on file with State and Federal regulatory authorities, For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http:/fww2.cox.comfbuslness/voice/regulatory.cax and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariff. and the SG contain cancellation or termination fees due in the event of cancellation or termination (Including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http :/Iww2.cox.comtbusipess/voicefreoulatorv.cox ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER I5 RESPONSIBLE�-rFOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT, IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE 1S DISCDNNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR UABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR Egli SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays Installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control, If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (3D) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate Increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms end conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth In the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, If Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (If unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining In the Term. This provision survives termination of the Agreement. if there is signal interference with an Service(s), Cox may terminate this Agreement without liability if Cox resolve the interference by using commercially reasonable efforts. BTP'ment Customer shall pay Cox all mandril/recurring charges ("MRCs") and all non -recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received by the due date shown an the applicable Invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customers breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and ail other fees, universal service Fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, Imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services Identified an the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or far certain Services, Customer, may purchase equipment from Cax ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cax Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment In accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shaii be subject to the AUP at http://ww2.cox.com/aboutus/policles/business-poilcies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational Institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby Incorporated Into this Agreement by reference. Cox, in its sole discretion, may modify, suppiement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the webslte listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS, 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10, WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND W1FI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages In a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does riot include a public performance license, 31 of 47 cox +r Business" EXHIBIT D Amendment to Commercial Services Agreement 09.10812014 ox Account Rep Phone Number: David Horowitz 619-26416 ox System Address: 5159 Federal Blvd Fax Number_ San Diego, CA 92.105 Cust4rner Infnrrnarun LegaTCampany !CityofNationalCity Name: treet Address: ity/ State/ Zi p: Billing A' •ress: ity/State Zip: ?SFr, NATIONAL CITY, CA - 91950 243 NATIONAL CITY B LVD NAL CITY, CA - 91950 AUtDriz if Cz storner Represet bite I .fr rn.at r�r Fuli Name: Ron Williams Billing Contact: Service Description CBI 25-25Mbps x 5Mbps Fax: Contact Number: Email Address: 619-336-4373 williams@nationalcityca.gov I-was*NA -`macNaifia+.i 4d Prev New Unit QTY QTY Price Termy — -- Service Charges (Months) 111 Monthly Recu rring One Time Activation & Setup Fees 174.00 60 174.00 0.00 - Additional Features 0.00 0.00 0.00 Totals: 174.00 0.00 Description Quantity Unit Price I Total Fee i toicom- purcl Ming e edicitt8+d_Servi e 1ar�liti:e6 • For Dedicated Service Facilities [e.g. Private Line Type Services, Ethernet Services), By initialing here and biyniny beluw, Customer represents that at least LD°J of the traffic on the designated circuits) is Inter -State In nature or is fnternet traffic. ist CYnikr' ;ftt to'c#or taktst14 - .114*.sg,e Silt y signing t is Agreement, you represent that you are the authorized Customer representative and the information above is true an correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.Cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit, The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal Is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Cox Communications San Diego, LLC, d/ b/a Cox Business; Cox California Telcom, LLC Customer Authorized Signature Signature: Print: Title Position: Date: Signature: Print: Title Position: Date: 32 of 47 7/ 1'?7Li14 This "Agreement" Includes the terms and conditions (i) an the previoup or, it in the Cox Business e-commerce environment, as selected above tie "Cover Page"); (ii) on this page, including without (imitation all policies and terms Incorporated into this page (the "Service Terms"); and (Ili) set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). I. Tariffs/ Service Guide If Customer Is purchasing any Service that Is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service Is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service Is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.Cox,cam/business/voice/regulatory.cox and which terms are Incorporated herein by reference. Cox may amend such tartffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation ar termination Tees due In the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges far the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http •//ww2.cox_cromtbusiness/voicefregulatory,cox ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE I5 DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS iS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance' by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon Installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon Installation date, Cox may begin billing for Services on the date Services would have been Installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to Install delays or reasons beyond Cox's control. If Customer delays Installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to Increase rates for ail Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. Thts limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term ar earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with an Service(s), Cox may terminate this Agreement without liability if Cox resolve the interference by using commercially reasonable efforts. I BFrPyment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non -recurring charges ("NRCS"), if any, by the due date on the Invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. if applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (toe "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment'. Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (I) does not Interfere ar impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is In accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferenting/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policles/business-policles.cox, which Is Incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational Institution, Jibrary or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. B. General Terms The General Terms are hereby incorporated Into this Agreement by reference. Cox, In its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above, BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR IT$ AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance if Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. 33 of 47 EXHIBIT E Amendment to Commercial Services Agreement 04108,3014 if, Business` Cox Account Rep_ David Horowitz Phone Nutn er: 1619-269-2415 . 5159 Federal Blvd Fax Number: ox System Address: San Diego, CA 92105 Cost ..rmm/r InformmiaDOD Legal -Company -CityofNationalCity Name: At omad •0.1s a' me; P,epresentativeInfc rmdtion ull Name: Ron Williams Street Address: multiple - see attachment City/ State/ Zip: Billing Address: City/ State/ Zip: Cox Account #: 1243 NATIONAL CITY BLVD NATIONAL CJTY, GA - 91950 114229901 (and others) illing Contact: ax: ontact Number: maims dress: 619-330-4240 rwiiliamsenationalcityca.gov BIEL Service Description Prev I New Unit QTY QTY Price Cox Business Advanced TV Totals: Tinarr srsr:.4As lint inolu o Term Service Charges Months) Monthly Recurring One Time Activation & Setup Fees 13 15.00 195.00 0.00 195.00 0.00 . EN.iipm Choir eS Description Quantity Unit Price • Total Fee I[f u are {tu t► �fn # ioat l e;rGi �.ac.titl• s. _ — For Dedicated Service Facilities {e.g. Private Line Type Services, Ethernet Services). By initialing here and signing belovi, Customer represents that at least 10% of the traffic on the designated clrcuit(s) is Inter•5tate In nature ur is Internet traffic. i 'txfAtn .tlst�l�lii.. . 7�7et Bill — -. By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true an correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the 'Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox,comfaboutus/polities/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the ALIP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, df b/ a Cox Business; Cox California Telcom, LLC Signature: Print: Signature: Title Position: Date: Print: Title Position: Date; 'rei Sr^1: 2.0 i; 14; 34 of 47 This "Agreement" Includes the terms and conditions (i) on the prevlour or, if in the Cox Business e-commerce environment, as selected above e "Cover Page"); (ii) an this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cax.cam/aboutus/policles/business-general-terms.cox (the "General Terms"). 1. Tariffs/ Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tarlffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.cam/business/voice/regulatory.cox and which terrns are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due In the event of cancellation or termination (Including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees Include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE JN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.cox,com/business/voice/regulatory.cox ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR Ti IE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. 1F THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shalt continue far the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WR11 I tN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates far all Services by no more than ten percent (10' ,) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate Increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate Increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Tenn selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with a t Service(s), Cox may terminate this Agreement without liability if Cox resolve the interference by using commercially reasonable efforts. IBRPEyment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non -recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to Interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee desC lbed above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and ail other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or Impair the Cox network or Cox Equipment; (ii) compiles with the AUP; and (iii) Is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shail use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http:f/ww2.cox.com/a boutus/poilcies/business-poiicies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Feder -al Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. B. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or rernave any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the webslte listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10, WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK, 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. n/ Coe C 35 of 47 EXHIBIT F Department/Division Number of Drops Locations MIS 1 Basement Staff Lounge Community Services 1 MLK Conference Room Library 2 Magazine Reading Area Staff Lounge Finance 1 Finance Staff Lounge Police 6 Chief s Office Lobby Line-up Room Dispatch Admin Capt's Office Ops Capt's Office Senior Center 1 Common Area Mayor/Council 1 TVlayor/Council Area Total 13 36 of 47 CON,„ Cox Business Acomplete channel guide San Diego South Area EII9{tI3e fib! ch''01+T Business N Starter 4 45enDiego 5 KSW3-Fa" 6 :"Ev-CW 7 K150-IBC B (FMB -COS 9 <LIS' 10 MTVABC 11 KF135-PBS 12 YEWT-Televlsa Business TV Starter HD' 004 4San Diego HD 1005 KSwr. - Fox HD 1006 %ETU-CWHO 13 vCTV-ktly'V13• 15 A:tecaAmcrica 16 ITV/Palma; College' 17 KCNT-UNv'slan 70 XHAS-Teksmenda' 21 (-SPAN' 22 The Weather (home! 73 Publi:Amssf California Channel` 24 GevemmemAccess' 25 INC 26 6NGN 27 HSN 95 PaidProryrammL3g• 96 10A TV' 117 TWA ' 111 UT -IV' 118 C-SPAN' 119 C-SPAN2' 120 C-SPAN3' 175 PaidPmgrammtrrg' 126 Win-auys' 124 KBEH• 135 LIC5D• 196 Liquidation' 197 CmnersioneTY' 196 Leased Access' 405 My:' 807 KFSD- Cod 1Y• 808 KFMg-M(-T9 0''0 MD/ - News Cha nc 10' C11 KPBS-9-Me' 013 KSW0-Ar4enna13 814 KSWB-TrwsTo' B1S MTV- LNc-YleIINe0vork' 1007 .,01S0-INBC6) 1608 KFMB - CM HD 1009 KJ51 10 1010 Kai - ABC HO 1011 4905- PBS HO 1017 KONT-UnevllsionHD 1.022 Tice Weather Channel N 0 026 91081,] 1136 <37-1..InlmasHD 2 IAA 37 3 ESPN 38 19 ABC Fa^4Iy 39 26 ESPI 4D 79 Fa. Sao LYesl 41 30 MTV 42 31 CNN 43 32 H L!1 44 33 TB5 45 3 ? TINT 46 35 Discovery Channel 47 26 TLC 48 FeeNews Uferime MSSNBC OFT .4;E Bravo- FX Tru1V 5pIkeTV VH1 hIrkekdeon Comedy [mai Business TV Expanded HD• 1002 JSAt:D "037 1003 7SPNHD 1028 1019 ABC Family HD 1034 102E E5P112HD 1046 1029 FoxSportsWesiHO 1041 1626 MTM14l 1042 1031 CNN HD 1043 1632 HLNHD 1041 1033 TBSHD 1045 1034 TNTHC 1046 1035 DiscaaayHD 1047 1036 1LCHD 1048 49 E! 50 Cartoan Nowt 51 Golf Channel 52 DIsleyChennel 53 HGTV 54 Animal Planet 55 HistoryChannel 56 Fc:SportsSan Diepo 57 AMC 511 TimerClasiicMmies 59 TVLand 60 Navel tannel 61 CMT 62 Feed Network 63 SyFy 64 Gaiavisle0 65 NBC Sports Network 66 CNBC 67 FaxSports1' 60 For )ep6rlesSao Diego' 69 UniwsicnDem:etas" 70 NatiovlGeng.aphic' 71 TWCSportsNel' 72 T9y>r Deporles' 73 MmiePlex' 74 Hallmark Channd' 75 HallrrarkMovie Channel' 76 GSN' 77 F.X• 78 'MON-MundoFox• 79 Fox Business' 94 ShepHQ• Fox News HD Liie6meHD 'd5N3CHD 601HD A&F HD Brew HD FX HD TruTV HD SpiseTVHD [NBC H6 VH1HD CamedyCentral HD 1049 E! HD 1050 CarroanNetwork HD 1051 Golf Channel HD 1052 Cis neyChannel li0 1053 HG1YH0 1054 Animal PlanetH0 1055 k4tcryChamclHD 1056 FwSpartsSea Diego HD 1.057 AMC HD 1058 Turue rClassk Movies HD 1060 TrivelChannel1Q 1061 OAT HD 1062 Foo6 NeiworkHD 1063 .yFyHD 1064 GalarmonHD 1065 NBC Smuts NetworkIID 1066 CINBCHD 1067 rexSports1HD 1069 Bnfaision Deportee Fs13 1070 Hi:Menai Geographic HD 1071 TWCSpartsWetHD 1074 Hal Mfg Chan neIHD 1075 Halmarx Movk Chorine'. HD 1077 7KRHD 1G79 1701 1707 1703 17011 1705 1706 1707 1732 173S 1785 Fox88sInessHD NBC Sports DIN Tme 1' NBC Sports Fs Ira T.me 7• NBC Sports Exile Time3" NBC 5perts Extra Timed" NBC Sports Extra TIme5• k8C Spans Extra Time6• NBC Spoils Extra Time?* Palladia HD Yelodty HD dein:sal HD 37 of 47 EXHIBIT G Business Nchannel s;'slap sari DiegoSouthArea Effective March 2014 Business Advanced TV- Music [hoice• latquhL> d3 rIt? Atlydneeil1t 4 1l'pr0tr11J 901 Hit List 911 Gospel 921 Poplins 931 Po9Count-. 941 SoundsoiTheSeasons 902 Pop Rhythmic 912 Reggae 912 Party F writes 432 Teday'sCoLrtry 942 5hge, screen 9T13 Dam, OM 913 Rc:k 923 Teen MC 933 Coumry! L's 94.3 5eundscapes 904 MCU 9'4 Melel 924 i4d:Ony 934 Cle�icCountrp 944 5moct',Jare 945 Hip -Hop end9.5B 915 6heri t1v€ 975 tadd!erTunes 935 Coniwnpa[a•yChdstian 945 .Avu 906 Rap 914 .4dukhllerrkVv 926 ,2!f 936 Pop Latino 946 Blues 917 H Ho9Cllssics 917 R6J:!J9 92? 90's 937 MuslmOrhari 947 Sin es:Sxatg 908 Thrpn1JwkJlm2 918 Clas+.it0od 920 80'i 938 Mesltaoe 9.18 Fa: yi4,tning 909 RSBCIa sk 919 Soft Rock 929 70's 938 Trop1cales 949 Clmsitad Yaslerpietts 910 W'_85ou': 920 !ah5ongs 930 SdidGold 0l a 940 Romances950 II6MClassital Business Advanced TV - Music Choice HD• 1901 Hltilst 411 Gaspe' 1921 Pop Hits 1931 Ps Country 1941 Sa.nes FTho3casons 1902 PcpRhy<hmlc 1912 Reggae 1922 Party 'awnings 19 2 TedayaCountry 1942 Swge&Sueerl 1903 Cane LDM 1913 Rock 1923 Teen MC 1933 Cauntrplli s 1943 Scund5capo5 1904 MCU 1414 blatai 142E Kks0sJy' 1934 CIa550CCaL�try 1944 Smooth sz 1905 r!ip•HapandR&B 1915 A:WraThe 1925 TaddlsrTunos 1935 ContemporaryChrsnrvt i445 Jazz Rap 1916 Aiulta4'tcma'.ive 1926 UK PapLatio 1946 Biomes 1907 HIpHoPCI Clanks 19'7 Rock Hits 1927 90's 1427 rhslcJr xrta 1947 Singer;&5rinc 900 T:�rowha�:Jar¢ 1916 C',assk3n[k 142$ 80's 1930 tde'I[ana t448 Easy Listengly 19119 li&BCla;sics 1919 SsitRcrk i929 70S 1939 Tmpitales 1944 C1osskalMastorpleres 14;0 R685alal 1420 Love Swigs 1930 Solld301613'.dles 1910Romances 1950 I°ghtCtas*tI Business Advanced TV - Faith & Values Pak&- rnr.• i-il II: ; r:r s I4''3-_r'er h.Ir!Elildeeod+d4a'Wed Ttefiqul 1TPrir 1 150 II u 1Y $1 PAIN 152 Dspstan 154 T1P. Business Advanced TV - Sonia- Palk* I lu1r lFti1n!r•s I ;, ,,, 161 Hub 102 Science Channel 10P Desllnatio4 nedca 104 InvesUga6on Discovery Business Advannceci TV - Bonus Pak HD 1102 5[IenceCrannelH6 1103 D?st'11o1sonAmelitaHD 105 Ameecanheroes Chanap! 106 4WA WSt lI38.lrfuP,1t�ar;l!Ir7rb;11:`I3ir1-61?3F4!thioWlI) T 0gt!q:11i.:11� 109 NltlJr 330 4L3Network 1104 investgatonDIscoveryHD 1106 OWN HO 1330 MO Nstwort IID Business AdvancedSports & 1nfoPniCijkll4u01 1Lih:-,5!VSl.lrli,'ryl.11l!I 1111")11l1 lllll-9t^4 Ii4 {F;It. r:e'e!llP` P,:l im'. 1119Ell ,11'191ll 313 61N 31 L PAC-1211041 rk 315 Fo:•Spmts2 318 BluombelTelewciun 3' 9 Weatherscan San Uleg0 Business Advanced TV 1320 TemrisCnennelHD 1321 C05SportSNetwork10 1322 E5Pf10HD 320 Tennis Channel 321 CBS Sports Network 3i2 F5PNIj 323 ESPNers 324 FSPNCLsri4 - Sports & Info Pak HD 133D FJLSNs1vmrkNO 1331 NBATV1-:2 1:7.32 NrdietwarkHD ?25 327 328 329 330 ESPN Deportes Disown). Fh adoalth HRTV TVG MLB Network 331 NBAFV 332 NFL Network 333 NMILAeiwark 360 FYI 361 H2 383 01Y 376 ESN Goal IntelB azer Beater" 410 FoxJeportes 448 be3NSports 133', 1360 1446 NFL RetrorkHD FYI HD be Y SpatsHD Business Advanced TV- Sports Pak2"II q!F'tauSiF•TSS1d111art'"tt,I3udj11r=rJI5fill.11t ilIFL'SAue,O1dtlfIVCI:JIII'Pill I 380 Uniae•salSpans Newa1 301 Word Fishing Network 307 Outs'.dc1V Business Advanced TV 1360 Universal Sports Networ<HC 1381 World RshirgFkt,vork13 383 SrortsmanCheixi 381 MLB Network 385 MLBStr,keZane - Sports Pak 2 HD 1302 0uIsldoTVHD 1383 Sportsman Channel 386 KFLRed2one 387 NFL Network 386 Co..5partsT9 391 F55Cdleg eSp.rtsPacific 392 Fo-Co!IegeSxrlsCehtral 393 Fo.:CollegcSports Atlantt 1334 91L8Network15 1386 NFL Red1oneHe 13s5 HI85t'ike7oa6la 13117 NF1Noma HD 38 of 47 EXHIBIT G Business TV charnel eI lineup San Diego SouthArea Effective March 2014 Business Advanced T'Id-'I Variety Pak* If rgl:lie a ll'lls {T a5IIlr r,?,nral+.lh't!E iI rindln4lHF11 86I pakanllfmltrRUsluP4Pa� 0Fglllf i'10v2r.r91 Vrq.Iip!rl�iFM 335 mo2 336 Chiller 337 WE 338 Oxygen 339 TV Cie 310 Centric 341 '.oqo 343 ElRey 4glint k 143 FnrnreFamila 1'15 BBCAtlefca 347 Dim), }ID 348 PBSKiekSprent 349 Nitklunno 350 leen Nick 351 f.MTPurc(au*'y 352 Fuse 353 41115aul 354 VH1CJass,r Business Advanced TV - Variety Pak HD -' 1337 WETVI-ID 1345 ABC America HD 355 fr1TVJams 356 61TVF''ts 357 MTV2 358 MTVU 359 MTY1[35 362 Fusion 368 Esquire Network 370 Boomerang 371 He1GeoWrd 373 Coking Channel 37! GAL- 900 MC?LA. 1347 DisneyXDHI) 1371 Nat GeoA dHO Business Ad,.rancadTV- Latino Pak' j{t?I,trhr°l7 irec7.T51 rFr:FEnan1fttlal:ritn;l,lrl[ Nrsl.l=.P4.hIjf31t1•,S'a'dIji•Pot Iiryl' Aly'aa1C1:0I4.1cyulpne,lt.;. 14. Business Advanced TV 69 UnivisionDeportcs 343 El Rey Nelwark 406 Fa: DeporesSan Olego 407 V-Me 408 Julrnae 409 ElCanal delasbstreUes 410 Cre Latina 41'. De Pelicula 1477 heck Spurs I ID en Espanol 417 De Patina Clasic0 413 8andantax 4;4 lelehtl 4`5 TISs 417 GPI TV 418 Fox3efnrle'. 419 FRNDOpartes 420 CNN en Espanol - Latino Pak HD 421 JixoreryenFspaho! 422 DLscoveryElmira 425 mun2 426 Hirtory'enEspalol 427 liitmoson atino 428 %HAS-Telemundo 479 FAITH Esaena] 430 ISBN-Uniwlsion 431 Selsvtsion 432 KZSD-Aetrga 433 XEW1-Televise 434 KBEH-CNNatino 435 Cartoon Network 436 Boomerang 4.'7 Oisrcy'XD 438 Nicktcons 439 Baby'V 440 C3ee0ks 441 Fr: :Fe 442 NaLGeehlunde 443 ClneSmrp .144 CineEstekp 445 Univisio:•a101weleo 447 belNSports enEspanol Business Subscription Sports Packages &Pay- er-View If2_'yuc','[iJ+clasT45Wri%'edndit'SudntaJTlVCItl411w1Fr11t 334 NFLRedZone` 501-503 PPVEv'ents' 601-606 EPFFGeanePlan/ Full Court Packages• 611-616 ESP 79V* 651-660 N3.Aleague PEW' 671-684 NHL Center 're M150IrectKckPaclages" ML8Ella Inning; 2rckages. 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CC2070714A 39 of 47 CC/CDC Agenda 10/7/2014 — Page 40 Attached documents for item Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 20, "Maintenance of Reserve Funds". (Finance) 40 of 47 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4265 EXPLANATION: DEPARTMENT: Finance APPROVED BY: 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: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Staff report 2. Resolution 41 of 47 CALIFORNIA ATI NAL c �- _ LNCO$PORATED City Council Staff Report October 7, 2014 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." BACKGROUND City Council Policy # 101, "City Council Policy Manual," requires that the City Council and City Manager annually review the City Council Policy Manual and authorizes any Councilmember, the City Manager, or the City Attorney to bring suggestions for revisions to the manual at other times during the year. The most recent annual review was completed during the City Council Policy Manual Workshop held December 10, 2013. During the workshop, Council approved changes recommended by staff to Policy # 201, "Maintenance of Reserve Funds." The substantive changes included improving the basis of the balance targets of the Liability Insurance Reserve and Workers' Compensation Reserve and enhancing the Debt Service Reserve requirement to ensure consistency with bond indentures and/or other debt agreements. Staff now brings forward for Council's consideration recommended revisions to Policy # 201 intended to clarify reserve targets, streamline management of the reserves, and enhance control over the use of the reserves.. DISCUSSION Policy The general policy statement has been revised to delegate to the City Manager the duty to maintain all City reserves. Currently, the policy delegates the responsibility of maintaining the General Fund Contingency Reserve to the City Manager but is silent on this function in relation to the remaining reserves, leaving the duty to Council, an efficient practice. This lack of specificity may explain why reserve balances, with the exception of that of the General Fund Contingency Reserve, have never been established, although the policy was adopted nearly 30 years ago. Delegation of the responsibility for maintenance of all reserves to the City Manager clarifies the policy and streamlines the function. The policy statement also stipulates the reserve balance thresholds are goals toward which the City will aim, rather than mandates. This provision allows the City flexibility in meeting and maintaining reserve balances, which may be necessary in the initial efforts to fund all of the reserves at their minimum desired levels or during periods of economic uncertainty and/or financial difficulty. General Fund Contingency Reserve 42 of 47 Page 2 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." October 7, 2014 The General Fund Contingency Reserve section has been amended by: • removal of the clause regarding the City Manager's responsibility for maintaining the reserve and the sentence regarding Council approval of expenditures from it, to eliminate redundancy resulting from changes relating to these areas elsewhere in the policy; • replacement of the "minimum target range" of 25-50% with only the minimum threshold of 25%; and • addition of the definition of "operating expenditures." As noted above, the general policy statement delegates the duty to maintain all reserves to the City Manager; therefore, the provision applying to responsibility for the General Fund Contingency Reserve specifically is unnecessary. Currently, the policy states the General Fund Contingency Reserve should be "at a minimum target range equal to between 25% and 50% of a single year's General Fund operating expenditures" (emphasis added), which is a self -conflicting statement, since "minimum" denotes a single quantity, while "range" references a plurality. Further, inclusion of the upper threshold (50%) may suggest to the reader of the policy that a balance maintained below that threshold is barely adequate, when, in fact, a balance anywhere in the 25-50% range likely would be considered very healthy by most objective standards, given the fund balances held for similar purposes by many local government agencies' are below the minimum standard of two months (less than 17%) of general fund operating revenues or expenditures recommended by the Government Finance Officers Association (GFOA). For this reason, only the lower threshold of 25% is necessary. As will be discussed later in this report, the use of any reserve must be authorized by Council, and such authority has been recognized elsewhere in the policy. Thus, the application of the requirement only to the General Fund Contingency Reserve is redundant . "Operating expenditures," as the standard to which the General Fund Contingency Reserve balance is compared has been clarified to include all expenditures, except those of a capital nature, plus the operating subsidies transferred to other funds. Liability Insurance and Workers' Compensation Reserves The target balance of the Liability Insurance Reserve and Workers' Compensation Reserve currently is defined as "an amount no less than 75% to 85% of the Confidence Level of Adequacy as established annually by the City's actuary." As with the General Fund Contingency Reserve, this definition is contradictory and renders the adequacy of the balance goal subject to negative misinterpretation. In addition, unlike with other reserves, the Liability Insurance Reserve and Workers' Compensation Reserve do not require positive fund balances or equities, i.e., asset balances which exceed their liability balances, only claim -related assets sufficient to pay claims estimated to be paid within a fiscal year. Therefore, these reserves require only an adequate level of claim assets, not fund balance. Accounting for both corrections necessary, the target has been revised to "an amount sufficient to ensure (Liability insurance or Workers' Compensation) claim assets equal to the 80% Confidence Level of Adequacy applicable to estimated (liability insurance or Workers' Compensation) claims, as established biennially by the City's actuary." 43 of 47 Page 3 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." October 7, 2014 Debt Service Reserve No change to the Debt Service Reserve is proposed. Vehicle Replacement Reserve (Equipment Replacement Reserve renamed) The Equipment Replacement Reserve has been renamed the "Vehicle Replacement Reserve," to better reflect its intended use — the replacement of assets of the City's fleet, primarily composed of motor vehicles. (Renaming of the Equipment Replacement Fund to correspond with its reserve's name change will be proposed, if this amendment is approved.) The goal of a balance range of "an amount equal to between the accumulated depreciation and estimated replacement value of the motor vehicle assets of the Vehicle Replacement Fund" is proposed. The reason for the change is two -fold. First, the existing standard for the reserve target, "(a)n amount equal to the accumulated depreciation of the replacement value of the motor vehicle fleet," is illogical, since only an existing asset may be depreciated, not a future asset, which "replacement value" suggests. Second, as a reserve which is intended to be used as an ongoing funding mechanism, its balance goal should be a range which accounts for the estimated replacement value of all of its assets and establishes a minimum threshold to ensure sufficient assets exist should a significant vehicle purchase be necessary within a relatively short period of time. A definition for "motor vehicle" has been included to clearly indicate for which assets this reserve is intended to be used. Reserve Balances Currently, assets sufficient to fund nearly all authorized reserves at their minimum levels are available within their respective funds; however, it appears the only reserve for which a balance has been formally designated is the General Fund Contingency Reserve. The table below lists current reserve balances, available assets within each fund to be designated to its respective reserve, current reserve balance targets, and proposed reserve balance targets. INSERT TABLE Revisions Impacting All Reserves A provision has been added to give Council the discretion to suspend any or all reserve maintenance requirements. Replenishment guidelines have been established for replenishment of a reserve falling below its minimum required level: • If a reserve is drawn down to 75-99% of its minimum required balance, it shall be restored to 100% over a 1 to 3 year period. • If a reserve is drawn down to 50-74% of its minimum required balance, it shall be restored to 100% over a 3 to 5 year period. • If a reserve is drawn down below 50% of its minimum required balance, it shall be restored to 100% over a 5 to 7 year period. Also included is a provision allowing suspension of these timelines, should fmancial or economic circumstances make meeting them impractical. 44 of 47 Page 4 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." October 7, 2014 Finally, since the use of a reserve balance constitutes the increase of the appropriation of a fund, transfers and expenditures from any reserve require Council approval, and the requirement has been added to ensure it is adhered to. RECOMMENDATIONS Accept staff's recommendations, adopting the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." 45 of 47 TITLE: Maintenance of Reserve Funds POLICY #201 ADOPTED: June 26,1985 AMENDED: October 7, 2014 Purpose The City will establish reserves to strengthen its ability to withstand unexpected fmancial emergencies such as those that may result from national disasters, revenue shortfalls, or unanticipated expenditures of a non -recurring nature and to accumulate funds for large- scale purchases. Policy The City Manager is charged with the responsibility of accumulating and maintaining the City's reserves at the following target levels: • CONTINGENCY RESERVES 1. General Fund: an amount equal to a minimum of twenty-five percent (25%) of a single year's budgeted General Fund operating expenditures. "Operating expenditures" shall be defined as all expenditures, except those of a capital nature, plus operating subsidies provided to the Library Fund, Parks Fund, Nutrition Fund, and Personnel Compensation Fund. The actual amount of the General Fund Contingency Reserve shall be determined each year by the City Manager as part of the budgeting process and shall be annually reported to the City Council as part of the Comprehensive Annual Financial Report (CAFR). 2. Gas Taxes Fund: an amount equal to a minimum of five percent (5%) of the estimated annual revenue of the Gas Taxes Fund. 3. Sewer Service Fund: an amount equal to a minimum of five percent (5%) of the estimated annual revenue of the Sewer Service Fund. • LIABILITY INSURANCE RESERVE: an amount sufficient to ensure Liability Insurance claim assets equal to the 80% Confidence Level of Adequacy applicable to estimated liability insurance claims, as established biennially by the City's actuary. • WORKERS' COMPENSATION RESERVE: an amount sufficient to ensure Workers' Compensation claim assets equal to the 80% Confidence Level of Adequacy applicable to estimated Workers' Compensation claims, as established biennially by the City's actuary. • DEBT SERVICE RESERVE: an amount equal to the total required by applicable indenture(s) and/or other agreement(s), but in no case less than one years' debt service requirement of all long-term City obligations, excluding inter -fund loans. 46 of 47 • VEHICLE REPLACEMENT RESERVE: an amount equal to between the accumulated depreciation and estimated replacement value of the motor vehicle assets of the Vehicle Replacement Fund. For the purposes of this policy, "motor vehicle" shall be defined as a self-propelled, wheeled vehicle with propulsion provided by an engine or motor which must be operated by one or more persons to perform the function(s) for which it is designed. The above requirements may be suspended only upon approval of Council. Replenishment of Reserves If its balance falls below the minimum required level, the City shall strive to restore it to the minimum required balance by any feasible means, including, but not limited to, adopting a budgetary surplus; applying any cost savings, over -realized revenues, and/or surpluses realized within the applicable fund; or transferring a portion of the General Fund Contingency Reserve. Unless otherwise noted, the following guidelines will be used to restore a reserve fund: • If a reserve is drawn down to 75-99% of its minimum required balance, it shall be restored to 100% over a 1 to 3 year period. • If a reserve is drawn down to 50-74% of its minimum required balance, it shall be restored to 100% over a 3 to 5 year period. • If a reserve is drawn down below 50% of its minimum required balance, it shall be restored to 100% over a 5 to 7 year period. These guidelines may be suspended, in whole or part, if fmancial or economic circumstances prevent meeting any or all of the timelines. All transfers and expenditures from the reserves require Council approval. Related Policy References None Prior Policy Amendments December 10, 2013 March 12, 2002 47 of 47